GOVERNOR GUIDE ON PROCEDURES FOR THE ELECTION / APPOINTMENT OF SCHOOL GOVERNORS

Transcription

1 GOVERNOR GUIDE ON PROCEDURES FOR THE ELECTION / APPOINTMENT OF SCHOOL GOVERNORS Summer Term 2016

2 Procedures for the election and appointment of school governors Contents Page 1. Governing body constitution and membership 3 2. Who is responsible for the election process 4 3. Eligibility to be a governor 4 Examples of procedures for the: 4. Election of parent governors 5 5. Appointment of parent governors 7 6. Election of teacher governors 9 7. Election of staff governors Appointment of Local Authority governors Appointment of community governors Appointment of additional community governors Appointment of foundation governors Appointment of associate pupil governors Election of chair and vice-chair 17 Appendix A Model Instrument of Government 19 Appendix B information for prospective governors 21 Appendix C Eligibility to be a governor declaration form 23 Appendix D Model letter / ballot paper for parent governor elections 25 Appendix E Model letter / ballot paper for teacher governor elections 31 Appendix F Model letter / ballot paper for staff governor elections 37 Appendix G Application form for community governor vacancy 43 Acknowledgments This document has been adapted and amended from Powys County Council 2

3 1. Governing body constitution and membership The governing body is constituted under The Government of Maintained Schools (Wales) Regulations The constitution of the governing body, appointing bodies and numbers for each category of governor are set out in the Instrument of Government (Appendix A for model). There are a number of FAQs on the website to assist you about governing body composition of different categories of the schools. What is the composition of a governing body of a community primary school? What is the composition of a governing body of a community secondary school? What is the composition of a governing body of a foundation primary school? What is the composition of a governing body of a foundation secondary school? What is the composition of a governing body of a maintained nursery school? What is the composition of a governing body of a maintained special school? What is the composition of a governing body of a voluntary aided primary school? What is the composition of a governing body of a voluntary aided secondary school? What is the composition of a governing body of a voluntary controlled primary school? What is the composition of a governing body of a voluntary controlled secondary school? Refer also to Chapter 3 of the School Governors Guide to the Law All governing bodies have a core group of governors consisting of: parent governors; teacher governors; staff governors; LA governors; the headteacher (unless he or she resigns the position) Governing bodies will also consist of some of the following governors, depending on the type of school: community governors; additional community governors; representative governors; foundation governors; partnership governors; sponsor governors; associate pupil governors (Secondary schools only). Refer to the Governors Wales handbook, Part 1, Section 2 for further information on the categories of governors. Role of the Clerk The clerk should maintain a database of the name, address, category and term of office of each governing body member. The clerk will advise governors and appointing bodies prior to the term of office expiring in order for elections or appointments to be organised in a timely manner 1. The clerk will also inform the governing body, LA and diocesan authority (if appropriate) of any changes to the governing body membership. 1 Regulation 21 of The Government of Maintained Schools (Wales) Regulations

4 2. Who is responsible for the election process The Local Authority (LA) is responsible for the election process for parent, teacher and staff governors in: community schools; community special schools; maintained nursery schools; and voluntary controlled schools. This responsibility is often delegated to the headteacher to carry out, using the LAs agreed process. For voluntary aided and foundation schools, the governing body is responsible for the election process, unless the governing body agrees to delegate responsibility to the Local Authority. Many LAs, Diocesan Authorities and Community Councils will have their own procedures in place for the election and appointment of governors. Please contact your LA and / or Diocesan Authority for further advice. This governor guide provides some generic guidelines only. 3. Eligibility to be a governor Governors are appointed and elected, for a term of four years 2, to provide: strong links between the school and the community it serves; a wide experience of the outside world; an independent view; accountability for the headteacher and staff of the school; a focus on long term development and promote continuous improvement; accountability for the standards of teaching and learning in the school; a balance between support and challenge for the headteacher and staff. Schedule 5 of The Government of Maintained Schools (Wales) Regulations (and amendments) provides information on qualifications and disqualifications. A declaration for prospective governors to sign in relation to this can be found at Appendix C. 2 Unless you: are the headteacher at the school; or are a parent governor at a nursery school where the term of office is two years; or hold office as an ex officio foundation governor; or are an associate pupil governor (term of office is one year); or appointed as an additional governor under the Local Authority s intervention powers. 3 Schedule 5 - The Government of Maintained Schools (Wales) Regulations

5 4. Election of parent governors An elected parent governor is defined in law as a person who is elected as a governor by parents of registered pupils at the school and is himself or herself such a parent at the time when he or she is elected 4. Every parent of a registered pupil is eligible to stand for election unless disqualified (see section 3). People with parental responsibility can also stand as parent governors, and vote in the election of parent governors. Please check with the LA regarding eligibility. Further information on the definition of parent and parental responsibility is available in Welsh Government guidance 12/2007 link below: Every parent of a registered pupil is entitled to one vote, even if they have more than one child at the school. A parent governor may serve out their term of office if their child leaves the school during the period of their term of office. Election Procedure a) The headteacher (or the LA as appropriate) will be the Returning Officer for the election process. b) When a vacancy arises, the headteacher must write to all parents of registered pupils at the school informing them of the vacancy and their right to stand for election, enclosing a nomination form, eligibility information, information for prospective governors and a timetable for the election process. c) Parents are required to nominate themselves, and do not have to have their nomination form seconded by another parent. c) Although it is not a requirement to supply a personal nomination statement, nominees may submit a short statement (of no more than 150 words) along with their nomination, on the agreed form. Please note that nominations will not be invalidated if a statement is not included. If the statement exceeds more than 150 words, only the first 150 words will be published on the ballot form (if required). d) Nomination forms must be returned to the headteacher on or before XXXX date. Nominations after this date will not be accepted. e) The headteacher shall take such steps as are reasonably practicable to ensure that all nominees are qualified to stand for election. In circumstances where it appears that a nominee may be subject to disqualification (reference section 3 above) the headteacher shall notify the relevant person within the Local Authority who will determine this. f) If the number of nominations received is less than or equal to the number of vacancies, an election will not be necessary. The headteacher will: inform the nominees that they are successful, and are now members of the governing body; write to all parents of registered pupils at the school informing them of the outcome; inform the clerk to governors and the chair; inform the Local Authority. 4 Regulation 4 The Government of Maintained Schools (Wales) Regulations

6 g) If there are more nominations than vacancies, an election must be held. This must be carried out by secret ballot. A letter and ballot form must be sent to every parent of a registered pupil at the school, via pupil post. Ballot papers should be numbered to ensure that any possible duplication is avoided. h) Care must be taken to ensure that each parent does not receive more than one ballot paper. If the family has more than one child at the school, it is advised that the election papers are sent home via the eldest child. Voting papers and literature may need to be posted to the family home if a pupil is absent from school, or where the child does not reside with a parent. i) Each parent must not cast more than one vote per vacancy for example, if there are four nominations and two vacancies, each parent must vote for two candidates. It is the responsibility of the parent to ensure that they return of the ballot form to the headteacher by the closing date. This can be returned in person, by post, or by means of a registered pupil at the school. Ballot forms received after the closing date will be invalid. An election is not invalidated by a parent s failure to receive or to return a ballot form. j) The headteacher is responsible for determining the validity of dubious or spoilt ballot forms, and may also seek advice from the Local Authority. k) The headteacher and one other independent witness will count the votes in the presence of the parent governor nominees, if they choose to attend. The successful candidate(s) shall be the one(s) with the most votes regardless of whether or not these are a majority of the votes cast. In the event of a tie, the candidates concerned will draw lots to decide the matter. l) The headteacher will, after the result of the election inform the nominees that they are successful, and are now members of the governing body (if they are not present at the counting of the ballot papers; inform the unsuccessful nominees (if they are not present at the counting of the ballot papers; write to all parents of registered pupils at the school informing them of the outcome; inform the clerk to governors and the chair; inform the Local Authority. m) The ballot papers should be retained securely at the school for a reasonable period after the election. n) Example timetable: Week 1 Monday distribution of nomination papers Week 2 Monday closing date for receipt of nomination papers Week 2 Friday distribution of ballot papers Week 3 Friday receipt of ballot papers deadline end of school day on Friday Week 4 Monday ballot papers counted and result announced 6

7 5. Appointment of parent governors 5 Schools must make every effort to fill parent governor vacancies by means of elections, but there are situations where it might not be possible for parent governors to be elected. These are: the number of parents standing for election is less than the number of vacancies; at least 50% of the registered pupils are boarders, or a special school is established in a hospital, and the LA (or governing body) feel it would be impractical for there to be an election. If, after an election, there is still a vacancy for parent governor, the governing body should consider appointing a parent governor, who must be either: (a) a parent of a registered pupil at the school; or (b) where that is not possible to do so in (a), a parent of a child of compulsory school age, or in the case of a maintained nursery school, of or under compulsory school age. Where the school is a community special school, the governing body must appoint: (a) a parent of a registered pupil at the school, or (b) a parent of a child of compulsory school age wither special educational needs; or (c) a parent of a person of any age with special educational needs; or (d) a parent of a child of compulsory school age. There are disqualifications for an appointed parent governor i.e. the governing body must not appoint a person who is: (a) an elected member of the local authority; (b) employed by the local authority, in connection with its functions as a local authority; (c) paid to work at the school for more than 500 hours in any twelve month period commencing on 1 August and finishing on 31 July (unless he or she is a parent of a registered pupil at the school). Appointment process a) The governing body considers how best to fill the vacancy. This could be by advertising locally, asking known parents if they would like to be considered for the parent governor vacancy, producing information that may be helpful for prospective governors. b) The governing body could consider approaching candidates who were unsuccessful in recent parent governor elections to ascertain whether they would like to be considered again. c) The governing body must consider any appointment as an agenda item at a full governing body meeting. The person(s) being considered for the appointment must not be present when the decision is made. 5 Schedule 1 The Government of Maintained Schools (Wales) Regulations

8 d) Prospective governor(s) could be invited to the governing body meeting, where they can explain to the governing body why they would like to become a governor, what skills and experience they bring, and to answer questions. e) The governing body should cast their votes via secret ballot, taking into account the statements provided by the candidate(s), and the balance of skills on the governing body. f) The minutes of the meeting must record the decision made by the governing body to appoint or not. g) After the appointment process, the clerk should: inform the nominee(s) that they are successful, and are now members of the governing body; inform the unsuccessful nominees (if applicable); inform the Local Authority. 8

9 6. Election of teacher governors An elected teacher governor is defined in law as a person who is elected as a governor by school teachers at the school, and who is himself or herself such a school teacher at the time he or she is elected. 6 Every teacher at the school is eligible to stand for election unless disqualified (see section 3). For the purpose of this election, teachers eligible to stand as candidates and to vote are those who are employed as a teacher under a contract of employment or a contract for services at the school, even if temporary, part-time or peripatetic, including regular supply teachers. Please check with the LA / Diocesan for eligibility. If a teacher no longer works at the school, they are no longer a member of the governing body, this includes teachers that are seconded to work at another school or elsewhere. Unlike parent governors, they are not permitted to serve out the rest of their term of office. However, teachers who are on maternity leave are still employed to work at the school, and can therefore remain a member of the governing body. The headteacher is not able to nominate themselves for election as they hold the headteacher governor position on the governing body. Election Procedure a) The headteacher (or the LA as appropriate) will be the Returning Officer for election process. b) When a vacancy arises, the headteacher must write to all teaching staff at the school informing them of the vacancy and their right to stand for election, enclosing a nomination form, eligibility information, information for prospective governors and a timetable for the election process. c) Teachers are required to nominate themselves, and do not have to have their nomination form seconded by another teacher. c) Although it is not a requirement to supply a personal nomination statement, nominees may submit a short statement (of no more than 150 words) along with their nomination, on the agreed form. Please note that nominations will not be invalidated if a statement is not included. If the statement exceeds more than 150 words, only the first 150 words will be published on the ballot form (if required). d) Nomination forms must be returned to the headteacher on or before XXXX date. Nominations after this date will not be accepted. e) The headteacher shall take such steps as are reasonably practicable to ensure that all nominees are qualified to stand for election. In circumstances where it appears that a nominee may be subject to disqualification (reference section 3 above) the headteacher shall notify the relevant person within the Local Authority who will determine this. 6 Regulation 5 The Government of Maintained Schools (Wales) Regulations

10 f) If the number of nominations received is less than or equal to the number of vacancies, an election will not be necessary. The headteacher will: inform the nominees that they are successful, and are now members of the governing body; write to the teaching staff at the school informing them of the outcome; inform the clerk to governors and the chair; inform the Local Authority. g) If there are more nominations than vacancies, an election must be held. This must be carried out by secret ballot. A letter and ballot form must be sent to member of the teaching staff at the school. Ballot papers should be numbered to ensure that any possible duplication is avoided. h) Care must be taken to ensure each teacher does not receive more than one ballot paper. i) Each teacher must not cast more than one vote per vacancy for example, if there are four nominations and two vacancies, each teacher must vote for two candidates. It is the responsibility of the teacher to ensure that they return of the ballot form to the headteacher by the closing date. Ballot forms received after the closing date will be invalid. An election is not invalidated by a teacher s failure to receive or to return a ballot form. j) The headteacher is responsible for determining the validity of dubious or spoilt ballot forms, and may seek advice from the Local Authority. k) The headteacher and one other independent witness will count the votes in the presence of the teacher governor nominees, if they choose to attend. The successful candidate(s) shall be the one(s) with the most votes regardless of whether or not these are a majority of the votes cast. In the event of a tie, the candidates concerned will draw lots to decide the matter. l) The headteacher will, after the result of the election inform the nominees that they are successful, and are now members of the governing body (if they are not present at the counting of the ballot papers; inform the unsuccessful nominees (if they are not present at the counting of the ballot papers; write to all teachers at the school informing them of the outcome; inform the clerk to governors and the chair; inform the Local Authority. m) The ballot papers should be retained securely at the school for a reasonable period after the election. n) Example timetable: Week 1 Monday distribution of nomination papers Week 2 Monday closing date for receipt of nomination papers Week 2 Friday distribution of ballot papers Week 3 Friday receipt of ballot papers deadline end of school day on Friday Week 4 Monday ballot papers counted and result announced 10

11 7. Election of staff governors An elected staff governor is defined in law as a person who is elected as a governor by persons employed to work at the school otherwise than as school teachers, and who is himself or herself a person so employed 7 at the time when he or she is elected. 8 Every member of support staff at the school is eligible to stand for election unless disqualified (see section 3), and to vote. This could include caterers and grounds maintenance staff working at the school as well as school administrators and Teacher Assistants. Please check with the LA / Diocesan for eligibility. When the member of support staff no longer works at the school, they are no longer a member of the governing body, this includes members of staff who are seconded to work at another school or elsewhere. Unlike parent governors, they are not permitted to serve out the rest of their term of office. Support staff members who are on maternity leave are still employed to work at the school, and can therefore remain a member of the governing body. Election Procedure a) The headteacher (or the LA as appropriate) will be the Returning Officer for the election process. b) When a vacancy arises, the headteacher must write to all support staff at the school informing them of the vacancy and their right to stand for election, enclosing a nomination form, eligibility information, information for prospective governors and a timetable for the election process. c) Support staff members are required to nominate themselves, and do not have to have their nomination form seconded by another member of staff. c) Although it is not a requirement to supply a personal nomination statement, nominees may submit a short statement (of no more than 150 words) along with their nomination, on the agreed form. Please note that nominations will not be invalidated if a statement is not included. If the statement exceeds more than 150 words, only the first 150 words will be published on the ballot form (if required). d) Nomination forms must be returned to the headteacher on or before XXXX date. Nominations after this date will not be accepted. e) The headteacher shall take such steps as are reasonably practicable to ensure that all nominees are qualified to stand for election. In circumstances where it appears that a nominee may be subject to disqualification (reference section 3 above) the headteacher shall notify the relevant person within the Local Authority who will determine this. 7 employed means employed under a contract of employment or a contract for services. 8 Regulation 6 The Government of Maintained Schools (Wales) Regulations

12 f) If the number of nominations received is less than or equal to the number of vacancies, an election will not be necessary. The headteacher will: inform the nominees that they are successful, and are now members of the governing body; write to the members of support staff at the school informing them of the outcome; inform the clerk to governors and the chair; inform the Local Authority. g) If there are more nominations than vacancies, an election must be held. This must be carried out by secret ballot. A letter and ballot form must therefore be sent to member of the support staff at the school. Ballot papers should be numbered to ensure that any possible duplication is avoided. h) Care must be taken to ensure that each member of the support staff does not receive more than one ballot paper. i) Each member of support staff must not cast more than one vote per vacancy. It is the responsibility of the member of support staff to ensure that they return of the ballot form to the headteacher by the closing date. Ballot forms received after the closing date will be invalid. An election is not invalidated by a member of staff s failure to receive or to return a ballot form. j) The headteacher is responsible for determining the validity of dubious or spoilt ballot forms, and may seek advice from the Local Authority. k) The headteacher and one other independent witness will count the votes in the presence of the staff governor nominees, if they choose to attend. The successful candidate(s) shall be the one(s) with the most votes regardless of whether or not these are a majority of the votes cast. In the event of a tie, the candidates concerned will draw lots to decide the matter. l) The headteacher will, after the result of the election inform the nominees that they are successful, and are now members of the governing body (if they are not present at the counting of the ballot papers; inform the unsuccessful nominees (if they are not present at the counting of the ballot papers; write to all members of support staff at the school informing them of the outcome; inform the clerk to governors and the chair; inform the Local Authority. m) The ballot papers should be retained securely at the school for a reasonable period after the election. n) Example timetable: Week 1 Monday distribution of nomination papers Week 2 Monday closing date for receipt of nomination papers Week 2 Friday distribution of ballot papers Week 3 Friday receipt of ballot papers deadline end of school day on Friday Week 4 Monday ballot papers counted and result announced 12

13 8. Appointment of Local Authority (LA) governors Please note that the appointment of LA governors is solely the responsibility of the LA that maintains the school. Individual LAs will have their own process that they follow and should publish the process and criteria by which they identify candidates for appointment as LA governors. LAs should also ensure that appointments are made promptly when vacancies arise. LAs can appoint any eligible person as an LA governor. For example not all LA governors are councillors, they may include any person who is interested in supporting schools and whose appointment has the support of the authority. A person is disqualified from appointment as an LA governor if they are eligible to be a staff or teacher governor of the school, or disqualified under any of the information listed in see section 3. LA governors may present the LA's view, in the same way as other categories of governor represent the views of their constituency. But like other governors, LA governors are not delegates and cannot be mandated by the LA to take any particular line. Their first loyalty should be to the school and the community it serves. An LA may establish links with its appointees as they see fit, but these links should not take the place of formal consultation with the governing body. Governors should be chosen on the basis of the contribution which they can bring to a school in terms of their skills and experience Appointment of community governors The governing body is responsible for the appointment process of community governors. Community governors are people who live or work in the community served by the school or, if this does not apply, a person who is committed to the good government and success of the school. A person is disqualified from appointment, or continuing to hold office as a community governor of a school if he or she is a registered pupil at the school; eligible to be a teacher or staff governor of the school; an elected member of the LA; 10 or disqualified under any of the information listed in see section 3. The governing body should initiate the process of appointment of community governor when: a current community governor is nearing the end of their term of office; a current community governor resigns (before the end of their term of office); the size of the governing body has increased requiring another community governor to be appointed (as reflected in a new Instrument of Government). The governing body should complete a skills audit which will identify any skill gaps, they can then use this information to appoint community governors (when there is a vacancy) that adds specific areas of expertise to their membership. The appointment of community governors can also be a way of retaining governors who have ceased to be eligible in other categories. It can also be a good way to try to redress any imbalance on the governing body such as gender, ethnicity etc. 9 Code of Practice on LEA-School Relations lang=en 10 Regulation 8 The Government of Maintained Schools (Wales) Regulations

14 Re-appointment process a) At least two months before the end of the governor s term of office the clerk should ask if that governor would like to be considered for a further term. If yes, the clerk informs governing body that the governor wishes to serve a further term. b) The governing body must consider the re-appointment as an agenda item at a full governing body meeting, and the person being considered must not be present when the decision is made. c) A governor seeking re-appointment should be expected to justify their re-appointment. d) The governing body should cast their votes via secret balloted. e) The minutes of the meeting must record the decision made by the governing body to re-appoint or not. f) After the re-appointment process, the clerk should: inform the nominees that they are successful, and are now members of the governing body; inform the unsuccessful nominees (if applicable); inform the Local Authority. Appointment process a) If the community governor does not want to be considered for re-appointment, or re-appointment has not been agreed, the governing body considers how best to fill the vacancy. This could be by advertising locally, asking known contacts from the school community if they would like to be considered, or moving an eligible governor from another position on the governing body into the community vacancy, producing information that may be helpful for prospective governors. b) If fewer applications were received than vacancies, the governing body could consider approaching candidates who were unsuccessful in recent parent governor elections and those who had put their name forward as community governors, in the previous 2 years, to ascertain whether they would like to be considered again. c) The governing body must consider any appointment as an agenda item at a full governing body meeting. The person(s) being considered for the appointment must not be present when the decision is made. c) Prospective governors should be asked to submit a letter of application or application form (see Appendix G / or example application form produced by a LA) to the governing body for consideration, and then be invited to a governing body meeting, where they can explain to the governing body why they would like to become a governor, what skills and experience they bring, and to answer questions. Copies of the prospective governors letter of application or application form circulated with papers in advance of the meeting. d) The governing body should cast their votes via secret ballot, taking into account the statements provided by the candidates, and the balance of skills and representation of sections of the community on the governing body. f) The minutes of the meeting must record the decision made by the governing body to appoint or not. g) After the re-appointment process, the clerk should: inform the nominees that they are successful, and are now members of the governing body; inform the unsuccessful nominees (if applicable); inform the Local Authority. 14

15 10. Appointment of additional community governors If a community, voluntary or foundation primary school, or a maintained nursery school serves an area where there are one or more community councils, the Instrument of Government of a school must provide for the governing body to include one additional community governor, which is nominated by the community council. If a school serves an area for which there are two or more community councils, the governing body may seek nominations from one or more of those councils. The decision to appoint or re-appoint someone as an additional community governor is made by the Town Council / Community Council(s), providing that they are not disqualified under any of the information listed in see section 3. The clerk should write to the Town Council/Community Council(s) at least two months before the end of the governor s term of office to seek re-appointment or another appointment. Once the Town Council/Community Council have made their nomination, the Clerk should inform the: headteacher, chair and governing body; Local Authority. 11. Appointment of foundation governors Foundation governors are members of the governing bodies of voluntary aided, voluntary controlled and foundation schools. They are appointed to ensure that the particular religious character of the school is preserved and developed (if it has a religious character) and to secure compliance with the trust deed, if there is one. The person (s) that are to appoint foundation governors must be named in the School s Instrument of Government, together with the number of foundation governors that are to be appointed. In voluntary aided schools, the number of foundation governors must outnumber the other governors by at least two. The foundation governors must also include at least two governors who, when appointed, are parents of pupils at the school. A minority of foundation governors are in place ex-officio (by right of office). These are usually the local incumbent i.e. local vicar or priest and, occasionally, representatives of trusts or other bodies. A person is disqualified from appointment, or continuing to hold office as a foundation governor if any of the statements in section 3 apply. The clerk should write to the relevant body(ies) at least two months before the end of the governor s term of office to seek re-appointment or another appointment. Once the appointment has been made, the Clerk should inform the: Headteacher, chair and governing body; Local Authority. 15

16 12. Appointment of Associate Pupil Governors Secondary schools only The purpose of associate pupil governors is to provide the voice of the school council at governing body meetings and in turn to communicate matters from the governing body to the school council. They are the link between pupils and the governing body. The governing body must consider any matter raised by the school council and provide a response. If the matter raised by the school council is in writing the governing body is also expected to reply in writing. Benefits of Associate Pupil Governors Associate pupil governors are well placed to contribute to governing body consideration of matters such as: the formulation and review of policies that affect pupils such as school uniform, anti-bullying policies, sex education, pupil-teacher relations, behaviour and attendance; the development of whole school initiatives and change such as programmes for global citizenship, healthy schools and eco-schools; the development and provision of school facilities; formulation and review of the School Development Plan; input to any post-inspection plan; review of the curriculum and how to improve teaching and learning; and links with the local community and local projects 11. The headteacher must ensure that the school council has the opportunity to nominate up to two pupils from years 11 to 13 (inclusive) from its membership to be associate pupil governors on the school s governing body. The governing body must accept any pupil nominated, providing that they are not disqualified (see section 3). Associate pupil governors may hold office for one year, however, this does not prevent them from being re-appointed, providing they are still members of the school council. Once the appointment has been made, the Clerk should inform the: Headteacher, chair and governing body; Local Authority. 11 Fact file Pupil participation, Associate Pupil Governors and School Councils 16

17 13. Election of chair and vice-chair The election of chair and vice-chair must take place annually. The election is usually carried out at the first meeting full governing body meeting of the academic year. Governors who are employed to work at the school or are registered pupils at the school are not eligible to stand for the chair or vice-chair position. The clerk will ask all governors if they wish to stand for the chair or vice-chair position prior to the notification of the meeting, five days in advance of the meeting where the decision will be made. It is good practice for the clerk to send out information on the role of chair 12 and role of vice-chair 13 to the governing body at the same time. The agenda for the meeting must include the following items: a) Election of chair b) Election of vice-chair Election Procedure: chair a) The clerk will chair the first part of the meeting where the governing body will elect the chair. The clerk will also ask for any further self-nominations at the meeting and then inform the governing body of the name(s) of governor(s) who has / have nominated themselves for the role of chair. b) If there is only one nomination, the nominated governor will leave the room while the governing body discuss and vote on the matter. c) The governing body will either duly elect that governor as chair, or, if the decision is not to elect, the clerk will proceed to the election of vice-chair (see process below) and the election of chair will be deferred to the next meeting of the governing body. d) If there is more than one nomination, the clerk must proceed with the election by secret ballot. The governor(s) being considered for the role of chair must not be present when the decision is made. Each governor present must indicate on a piece of paper the name of their preferred candidate. e) The clerk will count the votes cast for each candidate. Candidates should be called back into the meeting for the result. The candidate with the most votes is duly elected. f) In the event of a tie, the process would be to draw lots. This can either be to draw names out of a hat, or toss a coin (between two candidates only). Whichever candidate wins the lot is treated as though they had received an additional vote that enables them to be declared elected. 14 g) The minutes of the meeting must record the decisions made. h) Throughout the election, the clerk does not have voting rights. i) After the election, the clerk should inform the Local Authority of the result

18 Election Procedure: vice-chair a) Once the election of chair has been carried out (or deferred see e) above), the newly elected chair (or clerk) will carry on with the meeting and commence the election of vice-chair process. b) The chair (or clerk) will seek self-nominations at the meeting, as well as those nominations received prior to the meeting and then inform the governing body of the name(s) of governor(s) who has / have nominated themselves for the role of vice-chair. c) If there is only one nomination, the nominated governor will leave the room while the governing body discuss and vote on the matter. d) The governing body either duly elect that governor as vice-chair, or if the decision is not to elect, the decision will be deferred to the next meeting. e) If there is more than one nomination, the chair (or clerk) must proceed with the election by secret ballot. The governor(s) being considered for the role of vice-chair must not be present when the decision is made. Each governor present must indicate on a piece of paper the name of their preferred candidate. f) The chair (or clerk) will count the votes cast for each candidate. Candidates should be called back into the meeting for result. The candidate with the most votes is duly elected. g) In the event of tie, the process would be to draw lots. This can either be to draw names out of a hat, or toss a coin (between two candidates only). Whichever candidate wins the lot is treated as though they had received an additional vote that enables them to be declared elected. 15 h) The minutes of the meeting must record the decision. i) After the election, the clerk should inform the Local Authority of the result

19 Appendix A - Instrument of Government The Instrument of Government will be made in accordance with The Government of Maintained Schools (Wales) Regulations 2005 and sets out how the governing body is constituted and establishes it as a corporate body, it must set out: the name of the school; the category of school to which the school belongs; the name of the governing body of the school; the manner in which the governing body is to be constituted, i.e: o the number of governors in each category of governor; o where the school has additional community or sponsor governors, who will be responsible for appointing them; o the total membership of the governing body; the term of office of governors, where it is less than the normal period of four years; where the school has foundation governors: o who is to be responsible for appointing them; o any positions to be held ex-officio; o the person who is entitled to remove any ex-officio governors and to appoint a substitute; where the school is a community special school, the name of the body responsible for appointing representative governors; details of any trust, if applicable; where the school is a foundation or voluntary school designated as having religious character a description of the religious ethos of the school; and the date when the instrument of government takes effect. Secondary Schools must give the School Council the opportunity to nominate up to two Associate Pupil Governors (APGs) from Years 11-13, to represent the pupil voice on the governing body. APGs will not have voting rights, but in all other respects will have equality with other governors. APGs will not be counted in the total number of governors. The Instrument of Government may reflect this requirement but it is not statutory that it does so. Ref: Chapter 3 School Governors Guide to the Law

20 1. SCHOOL The name of the school is XXXX Instrument of Government School Name 2. CATEGORY OF SCHOOL The school is a XXXX 3. NAME OF GOVERNING BODY The name of the governing body is XXXX governing body 4. COMPOSITION OF GOVERNING BODY The governing body shall consist of: a) X parent governors; b) X LA governors; c) X teacher governors; d) X staff governor; e) X community governors; f) 1 additional community governor (primary schools only); g) X foundation governors (if applicable); h) the headteacher (except at any time when he/she has given written notice to the clerk to the governing body of the school that he/she chooses not to be a governor). 5. TOTAL NUMBER XX governors 6. This Instrument of Government came into effect on: XXXX date 7. DATE OF ORDER This instrument was made by order of X Local Authority on: XXXX date 8. GOVERNING LEGISLATION The Government of Maintained Schools (Wales) Regulations 2005 Signed on behalf of the X Local Authority.. 20

21 Appendix B - Information for Prospective Governors Governance is an excellent form of volunteering and can be a really rewarding and stimulating experience. A governor is someone who:- is a volunteer and serves a term of four years from the date of appointment; commits their interest, enthusiasm and time to being a governor; can attend at least one governing body meeting during each school term and may be asked to attend committee meetings (most meetings take place late afternoon or during the evenings); familiarises themselves with work of the school, including visiting the school and keeping this knowledge up to date; works as a team, deciding on things jointly and sharing responsibilities for the decisions they make; focuses their contribution to governing body decisions upon what is in the best interests of pupils at the school, helping each pupil to develop their full potential; is able to act as a critical friend who supports the school but also challenges and asks questions about how the school works and the standards it achieves, bearing in mind the governing body s own responsibility to promote high standards of educational achievement; respects the responsibility of the headteacher for the day-to-day decisions in the management of the school; is willing to learn and attend training courses (including induction and data training) arranged by the LA, which are free of charge, and which will improve skills and contribute to personal development; represents those people with a key interest in the school, and acts as a link between, parents, staff, the local community and the Local Authority. What we hope you will get out of being a governor what are the benefits? having a very real part to play in ensuring the pupils at the school get the best possible education; satisfaction of raising standards; achieving value for money for the school; giving something back to the community; a sense of purpose and achievement; training and support in order to help you fulfil your duties and responsibilities; new skills which may be useful elsewhere - team work, financial and strategic planning, recruitment and interviewing skills. And that s just for starters! Governors are appointed and elected to provide strong links between the school and the community it serves; a wide experience of the outside world; an independent view; accountability for the headteacher and staff of the school; a focus on long term development and promote continuous improvement; accountability for the standards of teaching and learning in the school; a balance between support and challenge for the headteacher and staff. 21

22 Governing bodies are the strategic planners of schools - in order to do this a governing body: works together with the headteacher and staff of a school to make sure that schools provide effective teaching and learning for our children and raise standards; makes decisions on the overall direction of the school, its aims and values, and work with the head teacher to set policies, targets, development plans and more; influences and approves the School Development Plan; approves and monitors the allocation and expenditure of the budget of the school, and decides how to make best use of this for the benefit of pupil s education; ensures that the national curriculum is taught and that there are sufficient staff to teach it; monitors and reviews the school's progress; ensures individual pupils' needs are met, including additional needs; gives parents information about the school; produces an action plan for improvement following a school inspection; establishes and maintains positive links with the local business community and the wider community; supports the day-to-day operational decisions taken by the headteacher; promotes the effectiveness of the governing body. And finally... No one governor is expected to know it all. The strength of a governing body lies in its ability to attract and rely upon members from a wide variety of backgrounds, share out the duties amongst its members, and be able to take decisions as a group. No one governor is responsible for the governing body, not even the chair of governors. All governors share the responsibility of making the governing body effective and efficient by setting the remit of the body and its committees, being well-informed and attending the meetings. 22

23 Appendix C Disqualification criteria Anyone over 18 years of age can serve as a governor, but the Government of Maintained Schools (Wales) Regulations 2005 provides some exceptions. Please note: The disqualification criteria should be read prior to submitting your application / nomination. You will not be eligible to become a governor or continue to hold office as a governor if any of the following statements apply to you: 1. I am intending to apply for an another governor position at the school at which I am already a governor. 2. I am already a governor at two schools. 3. I am the governing body clerk at the school for which I am applying. 4. I have been disqualified to serve as a governor at the school for which I am applying during the last 12 months for non-attendance. 5. I am able to be detained under the Mental Health Act 1983 (or under any re-enactment or statutory modification of that Act in force). 6. I am subject to a bankruptcy restriction order or an interim order, or has made an agreement with my creditors (i.e. an IVA) and has not been discharged. 7. I have had my estate sequestrated and the sequestration order has not been discharged, annulled or rescinded. 8. I am 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 An order made under section 492(2)(b) of the Insolvency Act 1986 (failure to pay under a County Court Administration Order) 9. I have been removed from the office of charity trustees or trustee for a charity by the Charity Commissioners or High Court on grounds of any misconduct or mismanagement or under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 from participating in the management or control of any body. 10. I am listed on the Children s List and the Vulnerable Adults List, which are lists of teachers and workers with children and young persons whose employment is prohibited or restricted. 11. I am barred from regulated activity relating to children in accordance with Section 3(2) of the Safeguarding Vulnerable Groups Act I have been disqualified from childminding or providing day care. 13. I have been disqualified from being the proprietor of an independent school. 23