Admissions

Schools must adopt admission criteria that are to be applied when schools are oversubscribed. The admission criteria set out the order of priority for admission, and different regulations apply to different school sectors.

The principle of open enrollment operates. Although many schools are under the control of churches, schools do not use criteria that overtly select on the basis of religion. In practice, there is sufficient choice of school for both Catholic and Protestant parents.

Northern Ireland maintains the grammar/secondary school divide, and comprehensive schools have not taken root.

Generally, a school must admit a pupil where the parents apply provided it has room to do so. The Department of Education decides total admission, enrollment, and admissions numbers. Schools may not exceed their enrollment and admission numbers except for admitted children with special education needs or school attendance orders comply with the direction of the Appeals Tribunal of the Department of Education.

Nursery admission procedures under the preschool education expansion program are coordinated by the ELB. A shortage of places may mean that only part-time places are available, and numbers may not exceed 30.

When schools are oversubscribed, they must give priority to those who would otherwise not have preschool education. Priority is given to children from socially disadvantaged circumstances and other priority factors.

Schools may apply their own criteria. If their syllabus is oversubscribed, priority may be given to children with special educational needs, proximity to the school, family connection. Parents may appeal to the Appeals Tribunal against the decision to refuse admission or if they believe the criteria are incorrectly applied.

Primary school admissions are coordinated by the ELB. Parents may nominate three preferred schools in order of preference. The applications specify details, including special circumstances, reasons for preference of schools, and details of siblings.

Transport assistance to a grant-aided school may be provided if the school is more than two miles from the normal residence. This may only be provided if admission is refused for suitable schools within the two-mile distance.

The governors of primary schools must publish their criteria for the allocation of places if they are oversubscribed.

They must give priority to children who are of compulsory school age. Pupils may not be selected by reference to ability, aptitude, or performance. They must not admit more than 30 pupils to any class.

Some criteria may include such matters as having attended attached nurseries, residence in particular parishes or traditional catchment areas, other family links, distance from the school.

Parents may appeal to the Appeals Tribunal against a decision to refuse admission if they believe the school did not apply or correctly apply its admission criteria. The admissions policy must be published.

The governors have wide discretion in selecting the criteria, but they are not unfettered. Criteria must be workable, and governors must establish the manner in which the criteria are applied.

Criteria based on religion are not generally used. A small number of schools do use the same. It is not clear whether a school may lawfully include a child’s religion as an admission criterion, and it is arguably prohibited under the equality clause in the Northern Ireland Act, 1998.

Discrimination legislation applies to educational establishments, and discrimination on the basis of gender or race is prohibited.

The prohibition on sex discrimination does not apply to the admission of pupils from a school that admits pupils of one sex only or would be one sex only if it disregards pupils of the opposite sex’s admission as exceptional and its numbers are comparatively small and confined to a particular course or class.

Where a single-sex school decides to become co-educational, the governors may apply for an order authorizing discriminatory admissions during the transitional period. Co-educational schools may not discriminate on the basis of sex and may not aim to achieve a gender balance.

Schools may commonly give priority to children with connections by way of sibling, ancestor, children of teachers. It is not permitted to give preference based on the order of preference in the application.

Catchment areas may refer to work areas or distances, and they should be clearly defined. The decision should not unreasonably exclude children from a particular area, and a school may perpetuate a particular pattern of intake. Schools may give priority to children who have attended particular primary schools usually in the area, but they must be justified in identifying the link.

Board of governors are required to admit children resident in Northern Ireland in priority to non-residents. Irish medium schools may use criteria giving priority to Irish-speaking children.

The board of governors must ensure that they select children for admission before their criteria are exhausted. The criteria should be sufficient to select pupils down to the last available space. Schools may choose by lottery, but departmental guidelines do not favor this, and it may be viewed as an unreasonable exercise of powers. Department schools may use the time of application as a criteria, which may be unlawful in view of the prohibition and priority to children whose parents have expressed a preference for that school.

Admission to secondary and intermediate schools on the basis of aptitude has been prohibited as of 2006. Board of governors of post-primary schools must adopt admission criteria in the same way as primary schools. Admission criteria for both year aged and sixth form must be published.

The board of governors of secondary schools must not consider references to academic ability or aptitude. The department may make regulations regarding the content of school admission criteria. The department may issue guidelines to education and library boards, board of governors of grant-aided schools, and appeal tribunals about the discharge of functions in relation to admissions.

Post-primary schools may not include an admission criteria outcome of key stage to assessments or information provided by these primary school principal by classroom performance.

Where there are vacant places, the only grounds upon which a child who otherwise meets the criteria may be refused is where he or she is not in the normal transfer age group and admission would prejudice the use of resources, or where a grant-aided grammar school believes it detrimental to the education interests of the child and obtains approval from the department to refuse admission, or if the academic ability of the child is not standard equivalent to that of pupils with whom he would be taught in the school.

Transport assistance may be provided if the school is more than three miles from the pupil’s normal residence, provided a place has been sought in the admission fees in all suitable schools within the radius. Transport assistance is not available in the case of preference for single-sex schools.

Formerly, suitability for grammar schools was determined by #[17:38], administered by the council for curriculum examinations and assessments, based on studies in English, math, and science. Grades were based on the percentage of the entire eligible group.

Appeals may be made to the admissions Appeal Tribunal in writing. Parents must be given the opportunity to appear and make written and oral representations, and no new information may be considered on appeal. If the tribunal finds in favor of the appellant, it may direct the board of governors to admit the child even if this exceeds the admission and enrollment number.

Technically, a decision to admit may be the subject for judicial review. A child may receive legal aid, but the decision of the appeal tribunal will only be appalled if it is unreasonable and cannot reasonably be made.

Children who wish to attend grammar schools sit the transfer procedure test. There have been a number of high court cases where the schools, secondary or primary schools admission criteria have been challenged.