All schools by now should have reconstituted their Governing Bodies.
What are the main changes?
The size of the Governing Body must be between 9 and 20 (not including sponsor governors or consequent additional foundation governors). There is now the option of having associate members. The categories of governor are:
Foundation governors:
These governors are appointed by the DBE, the local church(es) and occasionally trustee bodies. The DBE is responsible for appointing foundation governors in every Church school in the Diocese, but always consults the local incumbent about such appointments.
STAFF GOVERNORS
This category now includes headteachers, teachers and non-teaching staff. Of these governors:
· One place must be reserved for the head teacher (whether or not the governorship is taken up);
· One place must be reserved for a teacher, unless no teacher stands for election;
· If there are three or more staff governor places, then one place must be reserved for a member of the support staff, unless no support staff member stands for election.
Staff governors cannot serve out their term of office if they no longer work at the school.
PARENT GOVERNORS
These governors cannot be elected members of the LEA or people who are paid to work at the school for 500 hours or more in a school year.
They can serve out their term of office if their child leaves the school during their term of office.
LEA GOVERNORS
These governors cannot be members of staff at the school.
COMMUNITY GOVERNORS (not in aided schools)
These governors were formerly known as co-opted governors.
They cannot be pupils or members of staff at the school or elected members of the LEA.
SPONSOR GOVERNORS
Governing bodies may appoint as sponsor governors one or two people who provide substantial assistance or services to the school financial or in kind.
ASSOCIATE MEMBERS
Governing Bodies may appoint Associate members, although they are not governors and are not recorded on the instrument. Such members can:
· attend full governing body meetings and can be appointed to committees;
· be pupils, school staff and people who want to contribute specifically on issues related to their area of expertise.
Main changes to disqualifications
· Governors may serve on more than two governing bodies
· A governor (or future governor) is disqualified if they refuse at anytime a request by the clerk to the governing body to make an application for a criminal records certificate. Such an application is not made routinely for all governors.
NUMBERS IN THE DIFFERENT CATEGORIES OF GOVERNOR
All numbers must be rounded up or down to the nearest whole number.
VOLUNTARY AIDED SCHOOLS
There must be four categories of governor:
· Parent governors at least one, but must make up at least one third of the governing body membership when counted with foundation governors who are eligible for election or appointment as parent governors;
· Staff governors at least two but no more than one-third;
· LEA appointed governors at least one, but no more than one tenth;
· Foundation governors these must out number the other governors by two and at least a fifth must be eligible for election or appointment as parent governors.
The governing body can appoint one or two sponsor governors, but must ensure that the same number of foundation governors is appointed to preserve the foundation majority.
VOLUNTARY CONTROLLED SCHOOLS
There must be five categories of governor:
· Parent governors at least one third;
· Staff governors at least two, but no more than one third;
· LEA governors at least one, but no more than one fifth;
· Community governors at least one tenth;
· Foundation governors at least two, but no more than one quarter.
The governing body can appoint one or two sponsor governors.
Changes to terms of office
The normal term of office for governors is four years, although the governing body can decide to set shorter terms for one or more categories of governor. A shorter term of office:
· Must not be shorter than one year
· Must be recorded on the instrument
· Cannot be varied for individual governors.
Transitional Arrangements
· Governors appointed or elected on or before 01 September 2003 under the old system serve out their term of office until it ends, but not beyond 31 August 2006;
· Governors appointed or elected after 01 September 2003 under the old system serve out their term of office until the governing body reconstitutes.
The process of reconstitution
1. Governing bodies consider and decide their constitution and draft an instrument of government.
2. The draft instrument must be approved by the foundation governors.
3. The draft instrument is sent to the Diocesan Board of Education and its approval received.
4. The draft instrument of government is sent to the LEA.
5. The LEA checks the draft Instrument, queries any discrepancies with the governing body, types it up and arranges for it to be made.
6. A copy of the Instrument is sent to the governing body.
7. The new instrument will state the date on which it takes effect and from this date the governing body operates with the new constitutional model.
8. A copy of the new instrument must be supplied to every member of the governing body (and the head teacher if not a governor), the trustees and the Diocesan Board of Education.
Further advice can be obtained on the DfES GovernorNet Web site