School GovernanceSchool GovernanceRoles, Procedures, and Roles, Procedures, and

Allowance Allowance Regulations 2013Regulations 2013

THE FULL DOCUMENT OF SCHOOL GOVERNANCE (ROLES, PROCEDURES & ALLOWANCES) (ENGLAND) REGUALTIONS 2013 ARE ON THE GOVERNORS’ PAGE OF THE SCHOOL’S WEBSITE.

The new regulations amalgamate three previous sets of regulations, namely the Education (School Government)(Terms of Reference) Regulations 2000, the Education (Governors’ Allowance) regulations 2003, and the School Governance (Procedures) regulations 2003.

The new regulations do not apply to academies as their governing document is the articles of association

What are the Main Changes

•Shorter definition of the roles and responsibilities of governing bodies and headteachers.•Provision to join meetings virtually.•Slimmed down governor allowance provisions.•Governing bodies must have regard to advice from the clerk.•No restrictions on the length of the term of office for chair or deputy chair.

What are the Main Changes Cont:

•Persons eligible to be chair or deputy chair have changed.•Restrictions on delegation have been relaxed.•Restrictions on associate members have been relaxed.

  

What do the Changes Mean.

The new regulations use a different language to set out The new regulations use a different language to set out the respective roles, but this is largely for the purpose of the respective roles, but this is largely for the purpose of emphasising the strategic nature of governing bodies. I emphasising the strategic nature of governing bodies. I has not changed the functions.has not changed the functions.The governing body’s functions are defined as:The governing body’s functions are defined as:•ensuring the vision, ethos and strategic direction of the ensuring the vision, ethos and strategic direction of the school are clearly defined.school are clearly defined.•Ensuring that the headteacher performs his or her Ensuring that the headteacher performs his or her responsibilities for the education performance of the responsibilities for the education performance of the school; andschool; and•Ensuring the sound, proper and effective use of the Ensuring the sound, proper and effective use of the school’s financial resources.school’s financial resources.

The headteacher’s responsibilities include:The headteacher’s responsibilities include:

•The internal organisation, management and control of the The internal organisation, management and control of the school; andschool; and•The educational performance of the school.The educational performance of the school.

The regulations go on to say that the headteacher is The regulations go on to say that the headteacher is accountable to the governing body for his/her performance accountable to the governing body for his/her performance and must comply with any reasonable direction from the and must comply with any reasonable direction from the governing body.governing body.

Provision to Join Meetings Virtually.Provision to Join Meetings Virtually.

•There must still be a physical meeting.There must still be a physical meeting.•Arrangements for governors to join a meeting virtually Arrangements for governors to join a meeting virtually must be agreed beforehand.must be agreed beforehand.•A governor who joins a meeting virtually counts towards A governor who joins a meeting virtually counts towards the quorum.the quorum.•This regulation only applies to full governing body This regulation only applies to full governing body meetings.meetings.

AllowancesAllowances

There have been no changes to the regulations as such, There have been no changes to the regulations as such, they have just been incorporated into 2013 regulations.they have just been incorporated into 2013 regulations.

It should be borne in mind that allowances are for actual It should be borne in mind that allowances are for actual expenditure incurred and are not attendance allowances.expenditure incurred and are not attendance allowances.

The governing body should agree a policy before The governing body should agree a policy before allowances are paid.allowances are paid.

Mileage should be paid in accordance with HMRC Mileage should be paid in accordance with HMRC guidelines.guidelines.

Advice from the Clerk.Advice from the Clerk.

•There is now a statutory requirement for governing bodies There is now a statutory requirement for governing bodies to have regard to the advice given by the clerk.to have regard to the advice given by the clerk.•However there is no statutory requirement for a clerk to However there is no statutory requirement for a clerk to give such advice.give such advice.•Regardless of this we would maintain that providing advice Regardless of this we would maintain that providing advice and guidance is a core function of the clerk.and guidance is a core function of the clerk.•Advice should be on the basis of what a governing body Advice should be on the basis of what a governing body can and cannot do within the bounds of the law.can and cannot do within the bounds of the law.

Chair and Deputy ChairChair and Deputy Chair

•Previously chairs and deputy chairs could be elected for a Previously chairs and deputy chairs could be elected for a period of between one and four years.period of between one and four years.•Under the new regulations the governing body sets an end Under the new regulations the governing body sets an end date. This can be as long or as short as the governing body date. This can be as long or as short as the governing body wishes.wishes.•If the chair or deputy ceases to be a governor they cease If the chair or deputy ceases to be a governor they cease to be chair / deputy.to be chair / deputy.•Previously anyone paid to work at a school could not be Previously anyone paid to work at a school could not be appointed chair or deputy. The new regulations prohibit appointed chair or deputy. The new regulations prohibit anyone employed as a teacher or other member of staff of anyone employed as a teacher or other member of staff of the school from being appointed chair.the school from being appointed chair.

Restrictions on DelegationRestrictions on Delegation

•Decisions on admissions policy/criteria, behaviour policies, Decisions on admissions policy/criteria, behaviour policies, and alteration of a maintained school, i.e. changing the age and alteration of a maintained school, i.e. changing the age range, can now be delegated to an individual. However we range, can now be delegated to an individual. However we would maintain that it is good practice for the first two to be would maintain that it is good practice for the first two to be considered at committee level at least. Any alteration to a considered at committee level at least. Any alteration to a maintained school should be considered by the full maintained school should be considered by the full governing body.governing body.

The following cannot be delegated to an individual:The following cannot be delegated to an individual:•Decision to discontinue a schoolDecision to discontinue a school•Approval of the budget.Approval of the budget.•Suspension of a governor.Suspension of a governor.

• Decisions regarding excluded pupils unless the pupil Decisions regarding excluded pupils unless the pupil may miss an exam in which case the exclusion can be may miss an exam in which case the exclusion can be reviewed by the chair, if a committee cannot be reviewed by the chair, if a committee cannot be convened in time.convened in time.

The following cannot be delegated at all:The following cannot be delegated at all:• Functions in relation to the constitution regulations, Functions in relation to the constitution regulations,

including such functions as deciding on the composition including such functions as deciding on the composition of the governing body, appointing and removing of the governing body, appointing and removing governors.governors.

• Ensuring the headteacher complies with duties imposedEnsuring the headteacher complies with duties imposed• Ensuring the headteacher has a work life balance.Ensuring the headteacher has a work life balance.• Ensuring the headteacher benefits from entitlements Ensuring the headteacher benefits from entitlements

under the School Teachers Pay and Conditions under the School Teachers Pay and Conditions document.document.

• the appointment of a headteacher or deputy headteacher the appointment of a headteacher or deputy headteacher appointment panelappointment panel

• the appointment of a headteacher or deputy the appointment of a headteacher or deputy headteacher.headteacher.

Where there is a decision to delegate to a committee or an Where there is a decision to delegate to a committee or an individual this must be formally minuted and the individual this must be formally minuted and the individual or committee must report back to the full individual or committee must report back to the full governing body,governing body,

on the exercise of the functions delegated.on the exercise of the functions delegated.

Associate Members Associate Members

•The governing body can now determine what voting rights The governing body can now determine what voting rights associate members have on committees.associate members have on committees.•Associate members may be excluded if the discussion is Associate members may be excluded if the discussion is about an individual members of staff or pupil.about an individual members of staff or pupil.•Associate members retain the right to attend full governing Associate members retain the right to attend full governing body meetings but have no voting powers.body meetings but have no voting powers.