The parents of a child who has been caught up in a school catchment dispute in south Galway have threatened legal action against the Minister for Education and Science, Mr Dempsey, if no action is taken to resolve the issue before September.
Solicitors for Mr John O'Donoghue and Ms Catherine Sides of New Quay, Co Clare, have issued the warning to the Minister's department having "exhausted all other avenues".
The couple, who are from a mixed marriage, want their daughter, Katie, to have a non-denominational education in Gort Community School.
However, Katie has been denied full access to the bus serving the school because of opposition from the convent in their catchment area of Kinvara, Co Galway.
The couple had applied and paid for a ticket for the bus which serves both schools - Seamount College in Kinvara, and Gort Community School.
However, they have been informed by the Department of Education's transport section that the pick-up point must be at Killina, on the catchment boundary, which involves a round trip of 32 miles a day or 160 miles a week. This is in spite of the fact that the bus passes their door.
Other parents and children in the south Galway/north Clare area have also been affected by the dispute, which dates back seven years.
Ms Marie Walsh, of Ardrahan Road, just outside Kinvara, has one daughter finishing in Gort and another starting. Although Seamount College is the closest girls' school to her, her daughters prefer the range of subjects available at Gort.
Ms Walsh has also been informed that her younger girl, Shona, will have to be driven to the catchment boundary if she wishes to use the bus. Ironically, her son is permitted to take the bus from their nearest pick-up at Kinvara, a mile and a half away, as the nearest boys' secondary school is in Gort.
Under the Education Acts, parents have a right to choice of school in their children's education, but this does not extend to use of the school bus (see panel).
Ms Sides said she was being presented with a situation where she was being forced into choosing a convent education for her child, when she preferred a non-denominational education.
Her youngest child, currently in primary school, would also be attending Gort, and would also be faced with the same situation.
Sister Lawrence Treacy, the chairwoman of Seamount College's board of management, said yesterday that she had "no comment" to make when contacted by The Irish Times.
The school principal, Ms Eileen Mulkerrins, also declined to comment, beyond stating that it was a "grave injustice" to state that she (as opposed to the School Board of Management) had opposed access to school transport for pupils attending Gort Community School.
In a statement, the Department of Education and Science said that "girls who are living in the Kinvara catchment area may have their education facilitated in Seamount College, or they may exercise their right to choose to be educated in Gort Community School.
"Girls wishing to travel to Gort Community School may have their transport facilitated subject to the agreement of the board of management of the school within their own catchment area (i.e. Seamount), and there being no additional cost to the State. These provisions would apply in all cases of students travelling to a school outside of the catchment area in which they are resident."
Seamount College and Gort Community School were involved in a similar controversy back in 1997/1998 when parents of girls who chose Gort over Seamount found themselves having to drive up to 150 miles a week to bring their daughters to school. Gort Community School was closed yesterday. Nobody was available for comment.