Essential Updates to School Admissions Policies and Procedures

The Department of Education has recently issued Circular 0039/2025. This guidance will significantly impact school admissions for the 2026/2027 school year. Our Education Law team reviews the Circular and provides key takeaways for schools.

What you need to know

• Mandatory review - Schools are asked to review their admission policies, as they relate to special classes, for references to certain criteria and soft barriers to access.
• New criterion for admission - The Circular Letter updates the eligibility criteria for admission to all special classes and special schools by adding a new criterion which will take effect from 2026/2027 onwards.
• Selection criteria for oversubscription - Schools should have a non-discriminatory selection process and enrolment policy which is published online.
• Consultation - Schools should consider publishing a revised admission policy on the school website and invite feedback via normal communication channels.
• Waiting lists - The Circular Letter emphasises that the Education (Admission to Schools) Act 2018 requires schools to compile a waiting list for a special class in accordance with their admissions policy.
• Balancing mainstream and special class provision - A balanced approach between mainstream and special class provision is required.

Circular Letter 0039/2025 introduces key measures regarding special education provision for the 2026/27 school year. These measures include:

• Updated eligibility criteria for admission to special classes or special schools, and
• Updated requirements regarding admissions policies for special schools and mainstream schools with special classes

On foot of this Circular Letter, schools are required to implement several changes. Our Education team discusses key takeaways for schools to ensure compliance.

Key takeaways

1. Review admission policies for restrictions

Schools are asked to review their admission policies as they relate to special classes. They must undertake this review of their policies for references to the following criteria, which may have the effect of unfairly restricting access to that class for a child accessing a special class place and which are not in accordance with the Education (Admission to Schools) Act 2018 and National Council For Special Education (NCSE) guidelines:

• Category of special educational needs that is not in line with the NCSE guidelines for the operation of special classes
• Ability to participate in a mainstream class
• Prioritisation of children and young people who are already enrolled in the school who are not verified by the NCSE for admission to a special class, and
• Preventing children and young people with a recommendation for placement in a special class or a special school from accessing a place

The review should also remove soft barriers that restrict the admission of applicants who have a category of special educational needs to a special class, including:

• References to a prospective students’ potential behaviour
• Additional request for reports and documentation over and above a diagnosis and professional reports confirming eligibility for the special class, and
• Reference to admission to the special class being contingent on resources

The Information Note accompanying the Circular Letter provides a list of example clauses that should be removed.

The Circular Letter emphasises that children already enrolled in a mainstream school, who require a special class place and meet the eligibility criteria for enrolment in the special class can be considered by the school for a place in a new special class. Schools must have regard to any waiting list that exists and the admission policy in place.

2. New eligibility criterion

The Circular Letter updates the eligibility criteria for admission to all special classes and special schools by adding a new criterion. This new criterion will take effect from 2026/2027 onwards. For example, regarding a special class for autism, the following must be provided in support of an application for admission:

Professional report(s) outlining:

• Diagnosis of Autism: DSM IV/V or ICD 10/11 – this is a psychologist, psychiatrist, multidisciplinary report
• A demonstration of the understanding of complexity of the child’s overall level of need/s evidenced in the professional reports
• Given the severity or complexity of the child’s support needs, a clear professional recommendation and rationale as to what educational placement type would be most appropriate to best meet the child’s needs
• A letter from the NCSE confirming that the child is known to them and that the child has the required diagnosis and recommendation for a special class for autism

School admission policies should be updated to reflect this additional criterion.

3. Eligibility criteria in the event of oversubscription

Where places are available in the special class or special school, any child or young person who meets the eligibility criteria should be admitted. However, in schools where there are more applicants than places available, a selection process will be required. The Information Note which accompanies the Circular Letter underscores the importance of a non-discriminatory selection process and enrolment policy which is applied fairly to all applicants. All schools must publish the eligibility criteria for a special class or special school and the selection criteria in the event of oversubscription in their admissions policy. These criteria must comply with the current NCSE guidance and national guidelines as contained in Department Circular Letters. An Admissions Notice must set out the number of places available. The school must assess all applications for a special class place, in accordance with the eligibility criteria and selection criteria established.

4. Waiting lists

The Circular Letter emphasises that the Education (Admission to Schools) Act 2018 requires schools to compile a waiting list for a special class in accordance with their admissions policy. The school must use this list to fill any vacancies arising during the school year in question only. If the school receives a late application for admission to their special class, this applicant should be added to the bottom of the waiting list. These late applicants, even if they are already enrolled in the mainstream classes of the school or are local children and young people, cannot be prioritised over those on the existing waiting list for the special class.

5. Consultation

It is suggested that schools consider publishing a revised admission policy on the school website and invite feedback via normal communication channels within a defined period of days. This should be completed in advance of opening of admissions for the 2026/27 school year.

6. Balancing mainstream and special class provision

Coordination is required between patron bodies and schools to ensure a balanced approach between mainstream and special class provision at the school and across the locality.

Key takeaways for schools

The Circular Letter represents a significant change in the Department’s requirements for school admission policies. Immediate actions are required to ensure compliance:

• Review your existing admission policy for special classes.
• Remove clauses which unfairly restrict access to that class, and which are not in accordance with the Education (Admission to School) Act 2018 and NCSE guidelines.
• Review your admissions policy for barriers that restrict the admission of applicants who have a category of special educational needs to a special class.
• Amend your admissions policy in light of new eligibility criterion.
• Inform parents, staff and stakeholders about the changes to your admissions policy and invite feedback.
• Publish your new admissions policy on the school website.
• Ensure selection process and waiting list procedures comply with the Education (Admission to School) Act 2018 and NCSE guidelines.
• Seek legal advice for compliance purposes.

Conclusion

By implementing these key actions, schools can work towards compliance with the requirements of Circular 0039/2025.

For further information and specific advice as to how these changes might affect you, contact a member of our Education Law team.

The content of this article is provided for information purposes only and does not constitute legal or other advice.