B10 ELECTION OF PARENT AND STAFF GOVERNORS

Transcription

1 B10 ELECTION OF PARENT AND STAFF GOVERNORS Reference Points Education Act 2002 School Governance (Constitution) (England) Regulations 2007 and amendments School Governance (Constitution) (England) Regulations 2012 and amendments Various appendices attached. Contact Point Governor Support and Development ( / ) Action Points Guidance on the procedures to be followed for the election of parent and staff Governors, including sample letters, ballot papers and details of the duties of Governors, is contained in the various appendices attached.

2 B10 APPENDIX 1 ADVICE ON THE ELECTION OF PARENT GOVERNORS In a Community or Controlled school the responsibility for holding the election has been delegated to the Headteacher. In an Aided or Foundation school the Governing Body is responsible for the election. An elected Parent Governor is a person who is elected as a member of the Governing Body of the school by parents of registered pupils at the school and who is such a parent at the time of election. The definition of parent is found in the Children Act Definition of parent: Section 576 of the Education Act 1996 defines parent as All natural parents, whether they are married or not Any person who, although not a natural parent, has parental responsibility for a child or young person Any person who, although not a natural parent, has care of a child or young person (having care of a child or young person means that a person with whom the child lives and who looks after the child, irrespective of what their relationship is with the child, is considered to be a parent in education law). This means that it is possible for a child to have more than two parents eligible to participate in an election. Headteachers should be aware of the disqualification clauses that prevent a candidate from holding office as a Governor as set out below. A person is disqualified from holding or continuing to hold office if that person: is the subject of a bankruptcy restrictions order or an interim order, debt relief restrictions order, an interim debt relief restrictions order or their estate has been sequestrated and the sequestration has not been discharged, annulled or reduced is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986, a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989, a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002, or an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order) has been removed from the office of charity trustee or trustee for a charity by the Charity Commission or Commissioners or High Court on grounds of any misconduct or mismanagement, or under section 34 of the Charities and Trustee Investment (Scotland) Act 2005 from being concerned in the management or control of any body is included in the list of teachers or workers considered by the Secretary of State as unsuitable to work with children or young people is barred from any regulated activity relating to children is subject to a direction of the Secretary of State under section 128 of the

3 Education and Skills Act 2008 is disqualified from working with children or from registering for child-minding or providing day care is disqualified from being an independent school proprietor, teacher or employee by the Secretary of State has been sentenced to three months or more in prison (without the option of a fine) in the five years before becoming a governor or since becoming a governor has received a prison sentence of two years or more in the 20 years before becoming a governor has at any time received a prison sentence of five years or more has been fined for causing a nuisance or disturbance on school premises during the five years prior to or since appointment or election as a governor refuses a request by the clerk to make an application to the Criminal Records Bureau for a criminal records certificate. Parents must be notified by letter when a vacancy arises and should be asked for nominations. At this stage parents should also be informed of the timetable of the election procedure. The Governing Body should make every effort to conduct informed Parent and Staff Governor elections in which the expectations and credentials of prospective candidates are made clear. The Governing Body should set out clearly in its recruitment literature: the core functions of the Governing Body and the role of a Governor, and the induction and other training that will be available to new Governors to help them fulfil it; set out clear expectations for behaviour and conduct as set out in the Governing Body's code of conduct the expectations it has of Governors for example in relation to the term of office, the frequency of meetings, membership of committees and the willingness to undertake training; and any specific skills or experience that would be desirable in a new Governor, such as the willingness to learn or skills that would help the governing body improve its effectiveness and address any specific challenges it may be facing.

4 The purpose of the Governing Body in providing and publishing information about the role of a Governor and the skills it ideally requires, is not to create additional eligibility criteria for potential candidates (which they do not have the power to do). It is for the electorate to elect their choice of candidate(s), but to simply inform the electorate of the Governing Body's expectations, circumstances and ideal requirements. Well run elections use secure and reliable voting systems and offer candidates the opportunity to publish a statement of sufficient length to set out: evidence of the extent to which they possess the skills and experience the Governing Body desires; their commitment to undertake training to acquire or develop the skills to be an effective Governor; if seeking re-election, details of their contribution to the work of the Governing Body during their previous term of office; and how they plan to contribute to the future work of the Governing Body. The electorate must understand the extent to which nominated candidates possess the skills the Governing Body ideally requires. The Returning Officer Headteacher, should not alter these details except with the prior approval of the candidate. Candidates standing for election must be proposed and seconded from the parents entitled to vote in the said election. In the case of boarding schools a seconder is not required. In the event of less than, or the required number of parents standing for election, they shall automatically be declared elected and a notice should be prominently displayed outside the school showing the names of those appointed. Successful candidates in the election are automatically appointed and no further ratification is required by the Governing Body. In the event of more parents being nominated than vacancies a ballot must take place, each parent being issued with a letter giving details of the election together with a voting slip. Schools should not publish or assist with the distribution of manifestos or provide lists of voters to candidates. Elections shall be by secret ballot and it should be noted that a requirement that the ballot paper be signed by the voter is not consistent with such a ballot. It has been suggested by the DfE that the double envelope system be used. The ballot paper should be sealed in an inner unmarked envelope, which should be sealed in an outer envelope signed on the back by the voter. To ensure confidentiality such a method would require a proper two-stage system of recording votes cast and

5 opening ballot papers. It is suggested that, on receipt of the ballot papers, the returning officer should check the name on the outer envelope for entitlement to vote and note the return of the ballot paper. The inner envelope containing the ballot paper would then be placed in the sealed ballot box for counting at the appointed time. Each parent (or carer) shall be entitled to one vote for each vacancy on the Governing Body. Where parents have more than one child in a school a system will need to be devised to ensure that no parent receives more than one ballot paper. No persons shall be able to cast more than one vote for any candidate. Distribution of ballot papers is acceptable by pupil post but papers must either be posted or delivered to parents whose child is absent from school when the ballot papers are issued. Where parents have a language other than English as a mother tongue, all documents should be translated into that language. It is suggested that days are allowed for nominations to be received and days for the votes to be actually cast. The voting procedure must allow for the use of postal votes. The method to be used in the event of a tie should be decided before the election i.e. drawing lots, tossing a coin, the candidate with the youngest child in the school etc. A ballot box must be positioned in school in a place easily accessible to parents normally only during school hours. As soon as possible after the end of the election period the returning officer shall supervise the counting of votes. The candidates or their nominated representatives should be invited to watch the count. Ballot papers should be kept for 6 months. The result of the election should be prominently displayed by means of a notice placed outside the main school entrance. The result should normally include the number of votes cast for each candidate. Successful candidates in the election are automatically appointed and no further ratification is required by the Governing Body. The names and addresses of those elected and the date of election must be forwarded to the Clerk to the Governors and Governor Support and Development without delay. The tenure of office of elected parent governors is 4 years unless the Instrument of Government indicates otherwise. Parent governors whose children leave the school part way through their term of office may continue to serve out their term of office and are not automatically forced to resign.

6 Schools must make every reasonable effort to fill parent governor vacancies through elections. Only if insufficient parents stand for election can the Governing Body appoint; A parent of a registered pupil at the school, or if that is not possible; A parent of a former pupil at the school, or if that is not possible; A parent of a child of or under compulsory school age. In Special schools the following criteria apply A parent of a registered pupil at the school, or if that is not possible; A parent of a former pupil at the school, or if that is not possible; A parent of a child of or under compulsory school age with special educational needs for which the school is approved, or if that is not possible, A parent of a child who has Special Educational needs and is over compulsory school age with experience of educating a child with special educational needs A person is disqualified from election or appointment as a parent governor of a school if they are an elected member of the LA or if they work at the school for more than 500 hours in a school year i.e. for more than one-third of the hours of a full time equivalent in any consecutive twelve month period (at the time of election or appointment).

7 B10 APPENDIX 2 ELECTION OF PARENT GOVERNORS SAMPLE LETTER Dear Parent ELECTION OF PARENT GOVERNORS In accordance with the Education Acts the Governing Body of each school shall include Parent Governors, these being parents of registered pupils at the school elected by such parents. Section 576 of the Education Act 1996 defines parent as: All natural parents, whether they are married or not Any person who, although not a natural parent, has parental responsibility for a child or young person Any person who, although not a natural parent, has care of a child or young person (having care of a child or young person means that a person with whom the child lives and who looks after the child, irrespective of what their relationship is with the child, is considered to be a parent in education law). This means that it is possible for a child to have more than two parents eligible to participate in an election. A vacancy for a Parent Governor has arisen at this school, and it is therefore necessary to hold an election. If you are interested in being a candidate please complete the slip attached, proposed and seconded and forward it to the Returning Officer at the school, to arrive not later than. You have the opportunity to write a statement of sufficient length to set out (a) evidence of the extent to which you possess the skills and experience the governing body desires; (b) your commitment to undertake training to acquire or develop the skills to be an effective governor; (c) if seeking re-election, details of your contribution to the work of the governing body during your previous term of office; and (d) how you plan to contribute to the future work of the governing body. Candidates should be aware of certain disqualification clauses relating in particular to bankruptcy and criminal convictions. If you are in any doubt about your eligibility to stand for election please contact the Returning Officer who will be able to supply you with further details. The main duties and responsibilities of school Governors are set out overleaf. It should be noted that an elected Parent Governor is appointed for a year term and may continue in office even though their child may have left the school part way through their year term of office.

8 If the number of candidates exceeds the number of vacancies you will be sent voting slips and details about the electoral process via your child. The results of the election will be placed on the school notice board. Any queries relating to this election should be made to the Returning Officer at the school. Yours sincerely Returning Officer

9 B10 APPENDIX 3 ELECTION OF PARENT AND STAFF GOVERNORS DUTIES OF A GOVERNOR As part of the corporate Governing Body, Governors will have a strong focus on 3 core strategic functions:- Ensuring clarity of vision Hold the Headteacher to account for the educational performance of the school and its pupils and the performance management of staff Overseeing the financial performance of the school and making sure its money is well spent Governors are not expected to be involved in the day-to-day management and administration of the school, but rather to set strategic plans for the school and to provide the Headteacher with guidance on general principles. Whilst it is difficult to define in precise terms what all the duties of a Governor are, the following are among them: To work as a member of the Governing Body for the best interests of the school. Attend the regular meetings and special meetings of the Governing Body as well as meetings of any Committees to which they have been appointed. Become familiar with general educational issues and developments. Take an interest in school activities. Promote the school within the local community. Be able to commit time to the duties and responsibilities of a Governor. Be prepared to become involved in: - Staff appointments. Pupil discipline. The school curriculum. The financial management of the school. Health and Safety matters. Governor Training. Governors have an increasingly important role and attending termly meetings only is not enough. It is essential that the person appointed must have and maintain a keen interest in the work and welfare of the school. Inevitably visits must be made to see the Headteacher and what the school is doing; to play an active part in the public and social life of the school. Governors also have the task of being the immediate lay support for the professional staff in the school.

10 B10 - APPENDIX 4 ELECTION OF PARENT GOVERNORS SAMPLE NOMINAITON FORM To The Returning Officer School. I (Full name in block capitals). Address wish to stand for election as a Parent Governor of the above school. Signed The nomination is proposed by Signed Seconded by Signed You have the opportunity to write a statement of sufficient length to set out (a) evidence of the extent to which you possess the skills and experience the governing body desires; (b) your commitment to undertake training to acquire or develop the skills to be an effective governor; (c) if seeking re-election, details of your contribution to the work of the governing body during your previous term of office; and (d) how you plan to contribute to the future work of the governing body. Candidates should be aware of certain disqualification clauses relating in particular to bankruptcy and criminal convictions. If you are in any doubt about your eligibility to stand for election please contact the Returning Officer who will be able to supply you with further details.

11 B10 APPENDIX 5 ELECTION OF PARENT GOVERNORS SAMPLE BALLOT FORM Dear Parent ELECTION OF PARENT GOVERNORS SCHOOL The election of parent(s) to serve on the Governing Body of the above school will take place between. As a parent (see definition on letter dated ) you are entitled to vote in this election. A voting slip for each parent, including details of candidates, is attached. Please note the following electoral arrangements:- 1. The election shall be by secret ballot. 2. Each person shall be entitled to up to vote(s) - one for each vacancy. 3. No person shall cast more than one vote for any one candidate. 4. Voting slips can be returned by post, via pupils using the envelopes provided or votes may be cast personally at the school between am and pm using the sealed ballot box positioned. No vote will be counted after. 5. The result will be published on the school notice board on. Yours sincerely Returning Officer

12 B10 APPENDIX 6 ELECTION OF PARENT GOVERNORS SAMPLE VOTING SLIP ELECTION OF PARENT GOVERNORS NOTE SCHOOL You are entitled to up to votes, not more than one vote for any candidate. CANDIDATES Mrs V Beckett I am 39, I have two children (boys) at the school aged 12 and 14. I take an active interest in the church and local affairs, and I am a member of the local WI. Mr M Hopkinson I am 47 and I am an electrical engineer. I have 3 children at the school, 1 boy aged 12 and 2 girls aged 13 and 15. I help at the local youth centre and have an active interest in the well-being of young children. I am willing to attend training, where my skills are lacking. As a Manager I have experience of HR and Health and Safety which I think would help the Governing Body Mrs F Newman I am 50; a housewife and have one child (a boy) aged 13 at the school. My interests are art and craft work and local politics. This year I assisted in the election campaign of an independent councillor. I have no party affiliation. ELECTION OF PARENT GOVERNOR FOR THE YEAR PERIOD SCHOOL CANDIDATE Mrs V Beckett MARK AN X TO INDICATE YOUR VOTE Mr M Hopkinson Mrs F Newman

13 B10 APPENDIX 7 ELECTION OF A STAFF GOVERNOR ADVICE ON THE ELECTION OF A STAFF GOVERNOR The School Governance (Constitution) (England) Regulations 2012, state that there is only one Staff Governor on each Governing Body but does not stipulate whether this is a member of the teaching staff or support staff. Therefore, both teaching and support staff are eligible for staff governorship. Staff Governors are elected by the school staff and must be paid to work at the school volunteers are not eligible. Any election which is contested must be held by secret ballot. Headteachers are a member of the governing body by virtue of their office. If the Headteacher decides not to be a governor, a place remains reserved for them and cannot be taken by anyone else. All staff have the right to vote for any candidate standing for election. School staff who are eligible for election as Staff Governors are not eligible to serve as LA Governors, Co-opted or Partnership Governors at the school of their employment. If they are paid to work at the school for more than 500 hours in a school year i.e. for more than one-third of the hours of a full time equivalent in any consecutive twelve month period (at the time of election or appointment), they are not eligible for election or appointment as a Parent Governor. Staff can, however, vote in Parent Governor elections if they are parents of a child in the school. They can also be parent governors at another school. It is important that prospective Staff Governors understand the nature of the role of a Governor and specifically that their role will not be to represent staff, nor to stand alongside the Headteacher in being held to account by the Governing Body, but to operate as part of the Governing Body to provide strategic leadership and to hold the Headteacher to account The Governing Body should make every effort to conduct informed Parent and Staff Governor elections in which the expectations and credentials of prospective candidates are made clear. The Governing Body should set out clearly in its recruitment literature: the core functions of the Governing Body and the role of a Governor, and the induction and other training that will be available to new Governors to help them fulfil it; set out clear expectations for behaviour and conduct as set out in the Governing Body's code of conduct the expectations it has of Governors for example in relation to the term of office, the frequency of meetings, membership of committees and the willingness to undertake training; and

14 any specific skills or experience that would be desirable in a new Governor, such as the willingness to learn or skills that would help the governing body improve its effectiveness and address any specific challenges it may be facing. The purpose of the Governing Body in providing and publishing information about the role of a Governor and the skills it ideally requires, is not to create additional eligibility criteria for potential candidates (which they do not have the power to do). It is for the electorate to elect their choice of candidate(s), but to simply inform the electorate of the Governing Body's expectations, circumstances and ideal requirements. Well run elections use secure and reliable voting systems and offer candidates the opportunity to publish a statement of sufficient length to set out: evidence of the extent to which they possess the skills and experience the Governing Body desires; their commitment to undertake training to acquire or develop the skills to be an effective Governor; if seeking re-election, details of their contribution to the work of the Governing Body during their previous term of office; and how they plan to contribute to the future work of the Governing Body. The electorate must understand the extent to which nominated candidates possess the skills the Governing Body ideally requires. The Returning Officer or Headteacher, should not alter these details except with the prior approval of the candidate. Headteachers can vote in the staff election, but only if they are not the returning officer. Candidates for election need not be supported by a proposer or seconder. Each eligible member of staff shall be entitled to one vote per vacancy. Elections shall be by secret ballot. If no candidates are forth coming, the position remains vacant and an election should be held as soon as an eligible candidate is identified. Good practice would be that all members of staff shall be notified by letter that an election is to be held together with a request for nominations. In the event of less, or the required number of teachers/members of support staff standing for election, they shall automatically be appointed to the vacancies and a notice to that effect should be prominently displayed.

15 In the event of more staff being nominated than vacancies, a secret ballot must take place. The method to be used in the event of a tie should be decided before the election, i.e. lots or tossing a coin. Ballot papers should be kept for approximately 6 months. The returning officer counts the votes. The candidates should be invited to attend the count. It is suggested that elections are held as soon as the vacancy arises. The names and addresses of those elected, together with the date of their election, should be forwarded to the Clerk to the Governors and to Governor Support and Development without delay. The governing body may in addition appoint such number of co-opted governors as it considers necessary which may include those who are also eligible to be elected as staff governors. However, the total number of coopted governors who are also eligible to be staff governors, when counted with the staff governor and the headteacher, must not exceed one third of the total membership of the governing body.

16 B10 APPENDIX 8 ELECTION OF STAFF GOVERNORS SAMPLE LETTER FOR STAFF Dear Colleague ELECTION OF STAFF GOVERNORS In accordance with the Education Act 2012, the Governing Body of each school shall include a Staff Governor elected by those staff eligible to vote. For this purpose supply teachers are excluded from standing as candidates but part-timers are eligible to participate. If you are qualified and willing to participate in the election, please complete the slip at the foot of this letter and forward it to the Returning Officer by. If the number of candidates exceeds the number of vacancies, you will be issued with voting slips and details about the electoral process. The result will appear on the staff notice board on. An elected Staff Governor ceases to hold office forthwith if he/she ceases to be a member of staff at that school. The term of office is years. You have the opportunity to write a statement of sufficient length to set out (a) evidence of the extent to which you possess the skills and experience the governing body desires; (b) your commitment to undertake training to acquire or develop the skills to be an effective governor; (c) if seeking re-election, details of your contribution to the work of the governing body during your previous term of office; and (d) how you plan to contribute to the future work of the governing body. Candidates should be aware of certain disqualification clauses relating in particular to bankruptcy and criminal convictions. If you are in any doubt about your eligibility to stand for election please contact the Returning Officer who will be able to supply you with further details. Yours sincerely Returning Officer To Returning Officer School I

17 (Full name in block capitals) wish to stand for election as a Governor of the above school. Signed

18 B10 APPENDIX 9 ELECTION OF A STAFF GOVERNOR SAMPLE VOTING SLIP ELECTION OF A STAFF GOVERNOR SCHOOL FOR THE YEAR PERIOD TO You are entitled to up to votes, but not more than one vote per candidate. CANDIDATE MARK AN X TO INDICATE YOUR VOTE Mr M Maths Ms A Teaching Assistant Miss A Art Miss S Secretary Mr E English Insert any statements here.