School Standards and Framework Bill

School Standards and Framework Bill - continued	House of Commons
SCHEDULE 9, CONSTITUTION OF GOVERNING BODIES - continued

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PART II

CONSTITUTION OF GOVERNING BODIES

Community schools

9. - (1) The governing body of a community school shall consist of the following-

(a) the head teacher, except at any time when he chooses not to be a governor,

(b) governors of each of the categories specified in the first column of the following table, in the numbers specified in whichever of the other columns relates to the school, and

(2) The option of having a smaller governing body constituted in accordance with the third or fifth column is available-

(a) in the case of a secondary school, where the school has less than 600 registered pupils, and

(b) in the case of a primary school, where the school has less than 100 registered pupils.

(3) As regards the alternatives specified in the fourth column of the table, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either all the first alternatives or all the second alternatives.

Category of governor	Secondary school - normal basis	Secondary school - option if less than 600 pupils	Primary school - normal basis	Primary school - option if less than 100 pupils
Parent governors	6	5	4 or 5	3
LEA governors	5	4	3 or 4	2
Teacher governors	2	2	1 or 2	1
Staff governors	1	1	1	1 or 0
Co-opted governors	5	4	3 or 4	2

Community special schools

10. - (1) The governing body of a community special school shall consist of the following-

(a) the head teacher, except at any time when he chooses not to be a governor,

(b) governors of each of the categories specified in the first column of the table set out in paragraph 9, in the numbers specified in either the fourth or the fifth column, and

(2) The option of having a smaller governing body constituted in accordance with the fifth column of the table is accordingly available whether or not the school has less than 100 registered pupils.

(3) As regards the alternatives specified in the fourth column of the table, the governing body of a community special school to which that column is applicable must be constituted in such a way as to reflect either all the first alternatives or all the second alternatives.

(4) Whichever set of numbers applies to the governing body of such a school under the fourth or fifth column-

(a) the number of co-opted governors shall be reduced by one, and

(b) in place of that governor there shall be a representative governor appointed under sub-paragraph (5) or (6),

except in a case where sub-paragraph (6) applies and no voluntary organisation is designated for the purposes of that sub-paragraph.

(5) Where the school is established in a hospital, a representative governor shall be appointed-

(a) (if the hospital is vested in the Secretary of State) by the Health Authority; or

(b) (if the hospital is vested in a National Health Service trust) by that trust.

(6) Where the school is not established in a hospital, then-

(a) if a voluntary organisation is designated by the local education authority, in relation to the school, as the appropriate voluntary organisation concerned with matters in respect of which the school is specially organised, a representative governor shall be appointed by that organisation; or

(b) if two or more voluntary organisations are so designated as appropriate voluntary organisations concerned with such matters, a representative governor shall be appointed by those organisations acting jointly.

Foundation schools

11. - (1) The governing body of a foundation school shall consist of the following-

(a) the head teacher, except at any time when he chooses not to be a governor,

(b) governors of each of the categories specified in the first column of the following table, in the numbers specified in whichever of the other columns relates to the school, and

Where the school does not have a foundation, the reference to foundation governors in the first column shall be read as a reference to partnership governors.

(2) The option of having a smaller governing body constituted in accordance with the third or fifth column is available-

(a) in the case of a secondary school, where the school has less than 600 registered pupils, and

(b) in the case of a primary school, where the school has less than 100 registered pupils.

(3) As regards the alternatives specified in the fourth column of the table, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

Category of governor	Secondary school - normal basis	Secondary school - option if less than 600 pupils	Primary school - normal basis	Primary school - option if less than 100 pupils
Parent governors	7	6	5 or 6	4
LEA governors	2	2	2	2
Teacher governors	2	2	1	1
Staff governors	1	1	1	1 or 0
Foundation governors	5	4	3 or 4	2
Co-opted governors	3	2	1	1

Foundation special schools

12. - (1) The governing body of a foundation special school shall consist of the following-

(a) the head teacher, except at any time when he chooses not to be a governor,

(b) governors of each of the categories specified in the first column of the table set out in paragraph 11, in the numbers specified in either the fourth or the fifth column, and

Where the school does not have a foundation, the reference to foundation governors in the first column shall be read as a reference to partnership governors.

(2) The option of having a smaller governing body constituted in accordance with the fifth column of the table is accordingly available whether or not the school has less than 100 registered pupils.

(3) As regards the alternatives specified in the fourth column of the table, the governing body of a foundation special school to which that column is applicable must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

Voluntary controlled schools

13. - (1) The governing body of a voluntary controlled school shall consist of the following-

(a) the head teacher, except at any time when he chooses not to be a governor,

(b) governors of each of the categories specified in the first column of the following table, in the numbers specified in whichever of the other columns relates to the school, and

(2) The option of having a smaller governing body constituted in accordance with the third or fifth column is available-

(a) in the case of a secondary school, where the school has less than 600 registered pupils, and

(b) in the case of a primary school, where the school has less than 100 registered pupils.

(3) As regards the alternatives specified in the fourth column, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

Category of governor	Secondary school - normal basis	Secondary school - option if less than 600 pupils	Primary school - normal basis	Primary school - option if less than 100 pupils
Parent governors	6	5	4 or 5	3
LEA governors	4	3	3	2
Teacher governors	2	2	1	1
Staff governors	1	1	1	1 or 0
Foundation governors	5	4	3 or 4	2
Co-opted governors	2	2	1	1

Voluntary aided schools

14. - (1) The governing body of a voluntary aided school shall consist of the following-

(a) the head teacher, except at any time when he chooses not to be a governor,

(b) governors of each of the categories specified in the first column of the following table, in the numbers specified in whichever of the other columns relates to the school,

(d) such number of foundation governors as will lead to their outnumbering the other governors mentioned in paragraphs (a) to (c)-

(i) by three, in the case of a school to which the second column applies, or

(ii) by two, in the case of any other school.

(2) The option of having a smaller governing body constituted in accordance with the third or fifth column is available-

(a) in the case of a secondary school, where the school has less than 600 registered pupils, and

(b) in the case of a primary school, where the school has less than 100 registered pupils.

(4) The foundation governors required by sub-paragraph (1)(d) must include-

(a) at least three governors who at the time of their appointment are parents of registered pupils at the school, in the case of a school to which the second column applies, or

(b) at least two such governors in the case of any other school.

Category of governor	Secondary school - normal basis	Secondary school - option if less than 600 pupils	Primary school - normal basis	Primary school - option if less than 100 pupils
Parent governors	3	2	1 or 2	1
LEA governors	2	1	1 or 2	1
Teacher governors	2	2	1	1
Staff governors	1	1	1	1 or 0

Additional governors

15. - (1) If the governing body of any maintained school so determine, or regulations so require, the instrument of government for the school shall provide for the governing body to include, in addition to the governors required by virtue of the preceding provisions of this Schedule, such number of co-opted governors as may be prescribed for a maintained school of the description within which the school falls.

(2) Regulations shall specify-

(a) the circumstances in which provision for such appointments is authorised or required to be made under this paragraph; and

(b) the categories of person by whom nominations for such appointments may be made.

Substitutes for ex officio foundation governors

16. Regulations may make provision for, and in connection with, the appointment of foundation governors to act in the place of ex officio foundation governors in cases where-

(a) any person holding a foundation governorship ex officio is unable or unwilling to act as a foundation governor, or

(b) there is a vacancy in the office by virtue of which such a governorship exists.

Adjustment in number of governors

17. - (1) Where-

(a) a maintained school has more governors of a particular category than are provided for by the instrument of government for the school in accordance with this Part of this Schedule, and

(b) the excess is not eliminated by the required number of governors of that category resigning,

such number of governors of that category as is required to eliminate the excess shall cease to hold office.

(2) If the excess has arisen in relation to foundation governors, the excess shall be eliminated in accordance with such procedure as is set out in the instrument of government for the school.

(3) If the excess has arisen in relation to any other category of governor, the excess shall be eliminated in accordance with such procedure as may be prescribed.

Prepared 5 March 1998