School Governors

The following is taken from the DFEE publication 'Roles of Governing Bodies and Headteachers'

INTRODUCTION
1.  New Regulations come into force on 1 September 2000 which set out the “terms of reference” for governing bodies of all maintained schools in England (the Education (School Goverment) (Terms of Reference) (England) Regulations 2000). This guidance explains content of the Regulations. It also invites governing bodies to consider the division of responsibilities between them and their head teachers and to review their procedures. The aim is to help governing bodies and head teachers work together as effectively as possible without duplication of effort. With one exception, the Regulations do not give governing bodies new duties, but clarify that their role is mainly strategic, and that they should act as a “critical friend” to the head teacher. The Regulations replace provisions in previous Articles of Government which were abolished on 31 August 1999 following the reconstitution of governing bodies.

2.  The one new element in the Regulations is the requirement (Regulation 9) on the governing body to establish a written performance management policy. All schools will get a model policy and governors and heads will be trained so that this task should not be too burdensome. There is also a requirement for a curriculum policy (Regulation 8), but this is not imposing a new burden on heads and governing bodies who have always had to determine and organise their curriculum and ensure that it is followed within the school.

3.  The full text of the Regulations can be found on the governors website:http://www.dfee.gov.uk/governor/governor.htm   Governors and heads may also refer to the Guide to the Law and the A-Z of School Leadership and Management for further information. They may also call the School Goverment Team on 0207 925 5791 and the Governors’ helplines: NGC on 01363 774377 or 1500 on 0207 2290200 or NAGM on 0800 241242 for advice.

WHAT DO THE REGULATIONS SAY?
4.  The Regulations are made under section 38(3) of the 1998 School Standards and Framework Act. They set down a number of principles to operate as terms of reference for governing bodies. Governing bodies must act as a corporate body. They must also act with integrity, objectivity and honesty and in the best interests of the school. They must be open about, and prepared to explain, their decisions and actions. (Regulation 3).

5.  The Regulations also describe the respective roles and responsibilities of governing bodies and head teachers. The governing body are to carry out their functions with the aim of taking a largely strategic role in the running of the school. This includes setting up a strategic framework for the school, setting its aims and objectives, setting policies and targets for achieving the objectives, reviewing progress and reviewing the strategic framework in the light of progress. The governing body should act as a “critical friend” to the head teacher by providing advice and support. (Regulation 4).

6.  The head teacher is responsible for the internal organisation, management and control of the school; and for advising on and implementing the governing body’s strategic framework. In particular, head teachers need to formulate aims and objectives, policies and targets for the governing body to consider adopting; and to report to the governing body on progress at least once every school year. (Regulation 5).

7.  Where the governing body delegate any function to a head teacher the Regulations give them power to give the head reasonable directions in relation to that function, and oblige the head to comply with those directions. (Regulation 6). This makes it explicit that in delegating a function, the governing body can prescribe how that function should be undertaken. This is not a new requirement. It was previously in schools’ Articles of Government. Governing bodies may decide to delegate some of their functions to the head; having regard to their largely strategic role, and the head’s responsibility for internal school organisation, management and control. (Regulation 7).

8.  The Regulations make the head teacher responsible for preparing a policy for the secular curriculum and for reviewing the policy every school year. The governing body must consider and agree the head’s curriculum policy and monitor and review its implementation. (Regulation 8).

9.  The governing body is responsible for establishing a written performance management policy to govern implementation of school teacher appraisal, after making sure that all teachers at the school are consulted. The governing body can ask the head to consult teachers but must ensure that consultation takes place. The governing body must review the policy, again having ensured that all teachers are consulted every school year. The head must draft the policy, if the governing body so directs, and, with the governing body, must implement the policy. The governing body must make a copy of the policy available at the school to any of the school’s teachers, anyone inspecting the school’s appraisal system or to the external adviser. (Regulation 9).

HOW SHOULD GOVERNING BODIES FULFIL A LARGELY STRATEGIC ROLE?
10. A strategic role means the governors decide what they want the school to achieve and set the framework for getting there (the strategic framework). This means:

•  setting suitable aims and objectives,

• agreeing policies, targets and priorities; and

• monitoring and reviewing aims, objectives, and whether the policies, targets and priorities are being achieved.

Governing bodies should take advice on all this from the head before taking their own decisions.

11. The School Development Plan, School Improvement Plan or post-OFSTED Action Plan, along with agreed policies, will generally provide the strategic framework. In schools with trustees the governing body should also comply with any trust deeds relating to the school. Governing bodies will need to monitor progress, but are not responsible for collecting monitoring data themselves. Instead they should agree appropriate arrangements with their head teacher. Governors should agree with their head any visits they may wish to make to classrooms.

12. Working strategically, governors should then use any monitoring evidence to review and evaluate progress against any targets set to see whether a policy is working or needs changing. The head can suggest arrangements for monitoring and evaluating particular requirements and policies.

13. As “lead professional” the head will be responsible for formulating and implementing the policies, for leading the school towards the set targets and for discharging many responsibilities on the governing body’s behalf, as well as for discharging responsibilities imposed directly on him or her.

14. Heads should give their governing bodies enough information for the governors to feel confident that those delegated responsibilities - and the head’s own responsibilities - have been met. Governing bodies should make sure they get enough information to allow them to check on their school’s achievements and progress, over time and in comparison with similar schools.

SECURING ACCOUNTABILITY AND WORKING IN PARTNERSHIP
15.  The head teacher and professional staff are accountable to the governing body for the school’s performance. The governing body must be prepared to explain its decisions and actions to anyone who has a legitimate interest. This may include staff, pupils, parents and the press as well as the LEA, school’s foundation or the Secretary of State.

16.  Ideally, governing bodies and head teachers should work together in partnership to develop key policies. Heads should involve governing bodies at an early stage when formulating policies.

HOW DOES THE GOVERNING BODY ACT AS A “CRITICAL FRIEND” TO THE HEAD TEACHER?
17.  A critical friend offers support, constructive advice, a sounding board for ideas, a second opinion on proposals and help where needed. But a critical friend may also challenge, ask questions, seek information, improve proposals and so seek to arrive at the best solution.

DELEGATION BY THE GOVERNING BODY
18.  Education legislation places a great many statutory duties on governing bodies, but very few directly on head teachers. The governing body may choose to delegate some of its functions to the head, an individual or a committee (unless they cannot legally do so, see, for example, section 42 of the Main School Government Regulations 1999). The head must comply with any reasonable direction by the governing body when acting on the governing body’s behalf. Governing bodies have no powers to direct head teachers over any function belonging in law to the head. The Decision Planner below suggests which functions can and should be delegated to the head.

ROLES AND RESPONSIBILITIES OF GOVERNING BODIES AND HEAD TEACHERS
19.  Annex A at the end of this guidance explains the responsibilities the law places on governing bodies and head teachers respectively. Having the legal responsibility does not prevent governors from delegating (where the law allows) or taking advice.

IN PRACTICE, WHO SHOULD TAKE WHICH DECISIONS?
20.  Often the law gives governing bodies a choice as to whether to carry out their functions themselves or delegate them. Every governing body must decide which decisions it will take itself, and which it will delegate to a committee, individual or to the head teacher. Governing bodies must also decide when, and from whom they should take advice. For a few functions, the law restricts who can decide or carry out the function, either by placing responsibility clearly on the head teacher alone, or by preventing governing bodies from delegating. Sometimes the law requires the governing body to consider advice. In all other areas, it is for the governing body to say how they organise their business, and how much they want the head teacher or others to do on their behalf. But governing bodies must abide by the principles in the new Regulations, described above.

21.  We suggest that every governing body reviews its present decision-taking and delegation arrangements in the light of this guidance and records its new arrangements.

The following is taken from the Governor Portal      http://www.governornet.co.uk/

Categories of School Governors
Following the Education Act 2002, the School Governance (Constitution)(England) Regulations 2003 came into force on 20 March 2003.
Under these Regulations, governing bodies are expected to have a new Instrument of Government by September 2006, although they cannot start reconstituting until September 2003.  Maintained nursery schools must now also have governing bodies.  This Instrument must specify the numbers of governors from each of the following categories of governor to be elected or appointed:

Parent governor - elected by parents on the school roll at the time of the election.  They must be parents of pupils on the school roll themselves to stand for election.  Parent governors do not have to stand down if their child leaves the school during the period they serve, though they may do so if they wish.  They may stand for re-election at the end of their term of office if they still have a child on the school roll.  If not enough parents stand for election, parent governors may be appointed by the governing body.  A person is not able to be a parent governor if they are an elected member of the LEA or work more than 500 hours a year at the school.

Staff governor - The head teacher is a staff governor ex-officio, unless he or she resigns.  If there are only two staff governors, one will be the head teacher and the other a teacher.  If there are three staff governors, one place is reserved for a member of the school's support staff.   Upon ceasing to work at the school, the staff governor is disqualified from holding this post.

LEA governor - is a person appointed by the LEA.  They are only disqualified from appointment as a LEA governor if they are eligible to be a staff governor of the school.

Community governor - a person appointed by the governing body, who lives or works in the community served by the school, or who, in the opinion of the governing body, is committed to the good government and success of the school.    They are disqualified from appointment if they are a registered pupil at the school, eligible to be a staff governor or an elected member of the LEA.

Partnership governor - is appointed by the governing body from nominations sought from parents of registered pupils at the school and from others in the community they consider appropriate.  They are disqualified from being a partnership governor if they are a parent of a registered pupil or pupil at the school, eligible to be a staff governor at the school, an elected member of the LEA or employed by the LEA in connection with its functions as a LEA. 

Sponsor governor - someone who gives or has given substantial financial assistance (including benefits in kind) or services to the school.
Governing bodies must have between 9 and 20 governors, not including sponsor governors or additional foundation governors.  The number will be chosen by the outgoing governing body, ie. there will be no connection in law between the size of the governing body and the size of the school.   Regulations 13 to 16 explain the composition.

Reference:   Governor Portal      http://www.governornet.co.uk/