International Protection Act 2026
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Schooling and education for minors | ||
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78. (1) Notwithstanding subparagraphs (i) and (ii) of paragraph (a) and subparagraphs (i) to (iii) of paragraph (b) of section 74 (1) and subject to subsection (3), this section shall apply to a minor who is present on the territory of the State who is an applicant. | ||
(2) Subject to subsection (6), a minor referred to in subsection (1) shall be given access to primary and post-primary education, support services and school materials in the like manner and to the like extent in all respects as an Irish citizen. | ||
(3) Access given in accordance with subsection (2) or (6) shall not be withdrawn from a minor referred to in subsection (1) solely because the minor ceases to be— | ||
(a) an applicant, or | ||
(b) a minor. | ||
(4) Access referred to in subsection (2) shall be given, taking into account school holidays— | ||
(a) in the case of an applicant within the meaning of the Act of 2015, within two months of the application concerned being received by the Minister under section 15 of the Act of 2015, and | ||
(b) in any other case, within two months of the lodging of the application concerned in accordance with section 40 . | ||
(5) The Minister for Education and Youth shall ensure that a minor referred to in subsection (1) is provided with such support services and language supports as are necessary to facilitate the minor’s access to, and participation in, education referred to in this section. | ||
(6) Where access to the general education system is not possible due to the specific situation of a minor referred to in subsection (1), the Minister for Education and Youth may make alternative arrangements for the education of that minor provided that such alternative arrangements— | ||
(a) ensure that the standard and quality of education provided is equivalent to that provided to a person who has not attained the age of 18 years and is an Irish citizen, and | ||
(b) ensure that the minor accessing education under alternative arrangements is provided with such support services and language supports as are necessary to facilitate access to, and participation in, the education provided under those arrangements. | ||
(7) In this section, “support services” means support services within the meaning of the Education Act 1998 . |