A Cork school is to begin High Court proceedings against the Department of Education in an attempt to be designated as a co-educational Gaelscoil.
However, the department says the issue is a matter for the patron of the school, the Bishop of Cork and Ross, Dr John Buckley, who has refused to grant the school this status.
The department says there is "no issue" for Minister for Education Mary Hanafin. It says the status of the school is a matter, in the first instance, for the patron, Dr Buckley.
The school in question is the 32-pupil Gaelscoil Naomh Terese in Bishopstown. Its principal, Ciara Cronin, told The Irish Times yesterday that the case raised important issues about the role of Catholic patrons in the management of schools.
Labour leader Pat Rabbitte recently demanded new secular management structures for schools, a move opposed by Ms Hanafin.
Scoil Naomh Terese is recognised by the department as a girls-only primary school. But four years ago, after several requests from local parents, it also agreed to enrol boys.
This move was opposed by the bishop but the board of management proceeded with the move. At present, boys make up about one-third of the school enrolment.
Dr Buckley was unavailable for comment yesterday.
Commenting on the case, INTO general secretary John Carr said that it was imperative that this situation be resolved as quickly as possible for the benefit of children and their parents.
The following is the full text of the Department of Education statement issued to The Irish Times yesterday:
"Scoil Naomh Terese is recognised as a single-sex school for girls under the patronage of Bishop Buckley, Bishop of Cork and Ross. Since 2002, the board of management has enrolled boys without the approval of the patron. The ongoing enrolment of boys constitutes a change in status of the school to a co-educational provider.
"Such change of status is subject to the approval of the patron in the first instance and if the patron approved must subsequently be sanctioned by the Minister of Education and Science.
"As the patron has not given his approval to the board for this change in status of Scoil Naomh Terese to allow the enrolment of boys, the board is therefore operating contrary to the patron's wishes.
"There is no issue before the Minister for approval nor could there be unless the patron elected to seek the approval of the Minister for a change in status. In any contact with the patron, the department has received no indication that the patron wishes to alter the existing status of the school as a single-sex girls' school.
"The department understands that the patron has recently communicated again with the board in relation to this matter."