1. BOARDS OF MANAGEMENT A Framework for Good Practice Anne McDonagh IPPN Conference 2008

2. AGENDA  Introduction  Legal Status of Boards of Management  Responsibilities a Board of Management  Relevant Legislation  Meetings  Complaints’ Procedure  Training

3. WHY BOARDS OF MANAGEMENT?  Introduced in 1975  33 years in being  What have we learned?

4. EDUCATION ACT: 14.1 Duty of Patron to appoint BOM for the purposes of ensuring that a recognised school is managed in a spirit of partnership.

5. COMPOSITION OF BOM  School: More than One Teacher 2 Direct nominees of Patron 2 Teacher Representatives 2 Parent Representatives 2 Community Representatives NB: Not delegates of their electorates

6. EDUCATION ACT: 14.7 No action shall lie against a member of a BOM in respect of anything done by that member in good faith and in pursuance of this Act or any regulation made by the Minister under this Act.

7. EDUCATION ACT: 14.2 “Each Board is a Body Corporate” A Body Corporate is a collection of persons which, in the eyes of the law, has its own legal existence (and rights and duties) separate from those of the persons who form it from time to time. It has a name or title of its own and may also have a common seal for use on official documents.

8. DEED OF VARIATION  In 1997, all school Patrons and the Minister for Education – after consultation with the INTO and with the Parents’ Council – agreed a new document for the management of schools: a Deed of Variation, which provides that the school will be managed in accordance with the rules laid down by the Minister of Education and in accordance with the ethos of the individual school.

9. SCHEDULE  Part of the Deed of Variation is an appendix, called a Schedule which is a statement outlining the type and ethos of the school  Minister for Education has requested that this Schedule be displayed prominently in every Primary School in the country

10. RESPONSIBILITY OF BOM: 15.1  Duty of the Board of Management: to provide (on behalf of the Patron) or cause to provide an appropriate education for each student at the school

11. BUSINESS OF THE BOM: 15.2 Must be done: a. in accordance with policies of the Minister b. must uphold characteristic spirit of the school c. must consult with and keep Patron informed of decisions & proposals of BOM d. must publish policies of the school

12. PUBLISH POLICIES: 15.2d  Admission to and participation in the school = Enrolment Policy (mention “this includes pupils with special needs”) NB: Cannot defer pending resources! NB: Siblings have rights under EU Law  Expulsion/Suspension: Include in Policy on Behaviour (in Admission Pack)

13. ACCOUNTS (a): Section 18  Need to be certified once a year  Send to Patron  Keep copy for inspection by Minister  Copy for inspection by parents

14. ACCOUNTS (b)  Different Financial Packages available: - Presentation Sisters; Airgead Bunscoile; DES on Web: “Financial Template for BOMs of National Schools”  Capitation Grant: draw down money from it, leaving a total each month  School Secretary could update

15. PARENTS: Ed. Act 26  BOM has an obligation to liaise with PA  PA can raise money to run its association  PA needs BOM approval to raise money for school projects  Information Manual on Primary BOMs for Parents on DES website (50 pages)

16. APPOINTMENTS  Selection Interviewing Board must be legally constituted.  Approval needed from Patron for PO, Teacher, SNA  BOM needs to ensure each person employed has a contract  Establish Seniority listing  Posts of Responsibility - Read Circular!

17. BUILDING AN EXTENSION  Planning Section of DES decides which grant they will give (usually 4 classrooms or less for Devolved Grant)  Extension Contribution: 10% or €31,500  Trustee (who owns the land) signs, not the Chairperson

18. HEALTH & SAFETY OBLIGATIONS  Safety Statement  Safe Personal Working Environment  Statement should include reference to Bullying in the Workplace  Local branch of H & S Authority helpful www.hsa.ie

19. RELEVANT LEGISLATION AND RULES(a)  Education Act 1998  Education (Misc. Provisions) Act 2007  Education (Welfare) Act 2000  Teaching Council Act 2001  Rules for National Schools  Disability Act 2005  Ed. for Persons with Sp. Ed. Needs Act 2004  Terms of Employment (Information) Act 1994

20. RELEVANT LEGISLATION AND RULES(b)  Employment Equality Acts 1998 and 2004  The Equal Status Acts 2000 and 2004  Organisation of Working Time Act 1997  Data Protection Acts 1988 and 2003  Unfair Dismissals Acts 1977-93  Payment of Wages Act 1991  Prot. of Employees (Part-time Work) Act, 2001  Prot. of Employees (Fixed-Term Work) Act 2003  Children’s Act 2001

21. FIRST MEETING  Outline functions and responsibilities of BOM  Each member must be willing to uphold ethos culture and traditions of school – cf Schedule  Emphasise ‘Corporate Body’ & Confidentiality  All sign Declaration  Distribute BOM books: Handbook & Constitution  Elect Sec, Treasurer and Delegate roles  Set meetings for year (minimum of 5)

22. SUGGESTED RESPONSIBILITIES  Chairperson  Secretary  Treasurer  Maintenance  Cleaners (National Wage Agreement)  Safety Officer  Employment Officer

23. CONFIDENTIALITY (a) Board Members:  are not delegates of their electorates  don’t take instruction on how to vote  have no obligation to report back to electors This would be a breach of the Confidentiality Requirement (8a) of the Constitution

24. CONFIDENTIALITY (b) Personnel, Financial, Personal matters should be treated as strictly confidential unless BOM decides otherwise. Penalty: Under Ed. Act Section 16.1 (a) the Patron may remove a Board member from office for good and valid reason.

25. AGENDA Set by Chairperson and Principal 1. Minutes of previous meeting 2. Matters arising 3. Principal’s Report 4.Treasurer’s Report 5. Child Protection Issues 6. Health and Safety Issues 7. Policy Development 8. A.O.B. 9. Agreed Report 10. Date of next meeting

26. CONDUCT OF A MEETING  Quorum is 5  Chair facilitates BOM through Agenda  Aim is: collective decision – not voting  Once agreed, must be upheld by all as part of collective responsibility  Decisions reached should be recorded in the Minute Book

27. END OF MEETING Chairperson needs to approve an Agreed Report for Teachers, Parents, Community  Report not necessary from each meeting

28. COMPLAINTS’ PROCEDURE 5 Stages  Stage 1 is oral: Teacher, PO, Chair  Stage 2 : still informal (must be in writing)  Stage 3 : Now Formal  Stage 4 : BOM meeting involved  Stage 5: Decision Very important to follow procedure

29. TRAINING FOR BOARDS  Teacher Education Section of DES has a scheme for training and development for BOM - through Drumcondra Education Centre  Obligation on Management Bodies and on Patrons to provide training to BOMs also.

30. THE CHALLENGE AHEAD Contributions of each member of the Board should be recognised, affirmed, valued and encouraged. This could be done at year-end or in conjunction with the appreciation shown to the staff of the school by the Board of Management annually.