THE education minister has zero legislative authority to call a halt to 11-plus exams this year, his department has said.
Peter Weir has faced demands in the assembly to bring forward legislation to cancel grammar school entrance tests.
They are due to take place in November but assembly members have said it is only fair to call them off.
The advice to schools, parents and pupils is to continue to prepare for the tests in the home environment, however.
Mr Weir has already cancelled GCSEs, AS and A-levels and vocational exams are also off.
He reminded the assembly last week that neither he, nor the Department of Education, had any influence over the unregulated system of academic selection.
Mr Weir, who is a supporter of selection, said he did not intend to bring any legislation forward.
"The examinations themselves are offered by two private organisations. From that point of view I have, and indeed the department has, no control over those," he said.
Now, his department has further clarified the position.
"The minister supports the right of those schools wishing to use academic selection as the basis for admission of some or all of their pupils to do so," a spokeswoman said.
"Provided admissions criteria adhere to the requirements of the Education (Northern Ireland) Order 1997, and provided school boards of governors have had regard to associated advice published by the department when setting their criteria, they are acting lawfully.
"The education minister does not have the legislative authority to prohibit such a test."
