KERRY EDUCATION SERVICE

Transcription

1 KERRY EDUCATION SERVICE THE MANAGEMENT OF SCHOOLS IN THE STRUCTURE OF KERRY EDUCATION SERVICE THE VEC IN KERRY A HANDBOOK FOR BOARDS AND SENIOR MANAGEMENT IN KES SCHOOLS Page 0

2 CONTENTS CONTENTS Section 1: Introductory Background Page 3-5 Key Provisions of the 1998 Education Act Functions of a School Objects of the Act Section 2: The Statutory Functions of the Board of Management Page 6-10 Duties & Functions derived from Section 15, Education Act 1998 Duties & Functions derived from other Sections, Education Act, 1998 Duties & Functions arising from the Education & Welfare Act, 2000 Section 3: Revised Functions of Kerry Education Service in respect of its Schools Page Changes Duties & Responsibilities of VECs (Kerry Education Service) The Range of Functions of KES in respect of its recognised schools Section 4: The Board of Management and The Patron (KES) Page Establish/Dissolve the Board Characteristic Spirit Receive Reports; Be consulted; Consult Section 5: Legal Matters for the School & the role of KES Page Legally Responsible for the Policies, Actions (& Omissions) of Staff & Board Some Risks Appeal Forum for School level decisions 1 P a g e

3 CONTENTS Section 6: The Board and School Property Page Assign, Insure, Devolve Responsibility & Resources Undertake Major Capital Projects Lease, Purchase & Disposal Develop best practice policies procedures; Advise & Support Section 7: The Management of Staff Roles of Boards, Principal and KES Page Allocate staffing levels and appoint staff Payments of wages, salaries & allowances etc Devolve management functions to Principal & Board as per 1998 Act Develop best practice policies procedures; Advise & Support Section 8: The Management of School Accounts Page Secure and allocate funds for schools Develop best practice financial procedures; Advise & Support Devolve appropriate functions to school Board and Principal Section 9: Planning for the School Page APPENDICES Appendix 1: Student and Parents Forum Page Students Council Forum for KES Schools 2. Forum for KES Parents Councils Appendix 2: Internal Audit and KES Audit Committee: Page P a g e

4 SECTION 1: INTRODUCTORY BACKGROUND SECTION 1. SOME INTRODUCTORY BACKGROUND: 1.1 The management of schools in the Kerry Education Service (KES) framework is governed by legislation. There is legislation that relates to the education system and to schools in general, and legislation that relates specifically to VECs of which KES is one. Both are relevant to the governance of KES schools. The key pieces of legislation are: * The Education Act 1998 * The Vocational Education Act, 1930 * The Education (Welfare) Act, 2000 * The VE (Amendment) Act, 1970 * The Equal Status Act, 2000 * The VE (Amendment) Act, 2001 * The Teaching Council Act, 2001 * The Equality Act, 2004 * The Education for Persons with Special Needs Act, * Education (Miscellaneous Provisions) Act, 2007 Of these Acts, the Education Act, 1998 and the Vocational (Amendment) Act, 2001, are the most directly relevant. 1.2 SOME KEY PROVISIONS OF THE 1998 EDUCATION ACT: Schools funded by the Department of Education and Science (DES) are referred to as Recognised Schools. The Act also makes provision for Centres for Education which are not recognised schools. Schools which were in receipt of resourcing from the DES as primary or post-primary schools prior to the introduction of the 1998 Act, are deemed to be recognised schools. The 1998 Act identifies two major bodies in the governance and management of recognised schools: the Patron and the Board of Management. The Act identifies the functions of a recognised school and places a legal obligation on recognised schools to perform these functions, as follows: Functions of a school 9. A recognised school shall provide education to students which is appropriate to their abilities and needs and, without prejudice to the generality of the foregoing, it shall use its available resources to a. ensure that the educational needs of all students, including those with a disability or other special educational needs, are identified and provided for., 3 P a g e

5 SECTION 1: INTRODUCTORY BACKGROUND b. ensure that the education provided by it meets the requirements of education policy as determined from time to time by the Minister including requirements as to the provision of a curriculum as prescribed by the Minister in accordance with Section 30. c. ensure that students have access to appropriate guidance to assist them in their educational and career choices. d. promote the moral, spiritual, social and personal development of students and provide health education for them, in consultation with their parents, having regard to the characteristic spirit of the school. e. promote equality of opportunity for both male and female students and staff of the school. f. promote the development of the Irish language and traditions, Irish literature, the arts and other cultural matters. g. ensure that parents of a student, or in the case of a student who has reached the age of 18 years, the student, have access in the prescribed manner to records kept by that school relating to the progress of that student in his or her education. h. in the case of schools located in a Gaeltacht area, contribute to the maintenance of Irish as the primary community language. i. conduct its activities in compliance with any regulations made from time to time by the Minister under Section 33. A series of other general responsibilities are identified in the 1998 Act as obligations which attach to schools because they operate under this Act. These are referred to as the Objects of the Education Act, and apply to all persons or bodies to whom functions in education are assigned under the Act. Therefore, they are legal obligations for Kerry Education Service committee members, Board of management members and for all staff of Kerry Education Service in schools and centres for education. These general responsibilities are set out below from Section 6 of the 1998 Act: Objects of the Act 6. Every person concerned in the implementation of this Act shall have regard to the following objects in pursuance of which the Oireachtas has enacted this Act: a. to give practical effect to the constitutional rights of children, including children who have a disability or who have other special educational needs, as they relate to education. b. to provide that, as far as is practicable and having regard to the resources available, there is made available to people resident in the State a level and quality of education appropriate to meeting the needs and abilities of those people. 4 P a g e

6 SECTION 1: INTRODUCTORY BACKGROUND c. to promote equality of access to and participation in education and to promote the means whereby students may benefit from education. d. to promote opportunities for adults, in particular adults who as children did not avail of or benefit from education in schools, to avail of educational opportunities through adult and continuing education. e. to promote the right of parents to send their children to a school of the parents' choice having regard to the rights of patrons and the effective and efficient use of resources. f. to promote best practice in teaching methods with regard to the diverse needs of students and the development of the skills and competences of teachers. g. to promote effective liaison and consultation between schools and centres for education, patrons, teachers, parents, the communities served by schools, local authorities, health boards, persons or groups of persons who have a special interest in, or experience of, the education of students with special educational needs and the Minister; h. to contribute to the realisation of national educational policies and objectives. i. to contribute to the realisation of national policy and objectives in relation to the extension of bi-lingualism in Irish society and in particular the achievement of a greater use of the Irish language at school and in the community. j. to contribute to the maintenance of Irish as the primary community language in Gaeltacht areas. k. to promote the language and cultural needs of students having regard to the choices of their parents. l. to enhance the accountability of the education system, and m. to enhance transparency in the making of decisions in the education system both locally and nationally. 5 P a g e

7 SECTION 2: STATUTORY FUNCTIONS OF BOM SECTION 2: THE STATUTORY F UNCTIONS OF THE B OARD OF MANAGEMENT: 2.1 FUNCTIONS DERIVED FROM SECTION 15, EDUCATION ACT, To manage the school: The overall general responsibility of the Board is expressed as three major functions: to manage the school, on behalf of the patron, i.e. Kerry Education Service. to manage the school for the benefit of the students and their parents, and to provide an appropriate education for each student at the school In accordance with the Minister s policies: The board shall carry out the functions assigned to it under the Act in accordance with the policies of the Minister for Education and Science as determined from time to time School Characteristic Spirit or ethos: The board shall uphold the characteristic spirit or ethos of the school, and shall be responsible to the patron for upholding it Legislation: the board must act in accordance with Acts of the Oireachtas relating to the operation of the school Consultation with the patron - KES: The board must consult with and keep the patron informed of decisions and proposals of the Board Admissions Policy: The board must publish the policy of the school for Admission to and participation in the school. Suspension and exclusion/expulsion of students. 6 P a g e

8 SECTION 2: STATUTORY FUNCTIONS OF BOM Enrolment of students with disabilities or other special educational needs. The Admissions policy must: Respect the principles of equality and the relevant legislation. Respect the right of parents to send their children to a school of their choice. be published in a manner agreed by the patron. KES has provided schools with a model admissions policy document to assist Boards in relation to this responsibility Democratic Principles: The board is required to have regard to the principles and requirements of a democratic society and to respect the diversity of values, beliefs, traditions, languages and ways of life in society Efficient use of Resources: The board is required to have regard for the efficient use of the resources made available to the school by the Oireachtas via DES and KES Respond to Special Educational Needs: the Board is required to use the resources provided to the school from monies provided by the Oireachtas to make reasonable provision and accommodation for students with a disability or other special educational needs, including, where necessary, alteration of buildings and provision of appropriate equipment General Accountability : The Board is required to have regard to the public interest in the affairs of the school and accountability to students, their parents, the patron, staff and the community served by the school. 2.2 FUNCTIONS DERIVED FROM OTHER SECTIONS, EDUCATION ACT, Information to the patron (S.19): The board shall provide the patron and the Minister with such information on the operation of the board as they may from time to time require Information for Parents (S.20) & Annual Report: A board shall establish procedures for informing the parents of students in the school of matters relating to the operation and performance of the school. Annual Report on Operation and Performance: Such procedures may include the publication and circulation to parents, teachers and other staff and a student council where one has been established, of a report on the operation and performance of the school in any school year, with particular reference to the achievement of objectives as set out in the school plan. 7 P a g e

9 SECTION 2: STATUTORY FUNCTIONS OF BOM The School Plan (S21) 1) A board shall, as soon as may be after its appointment, make arrangements for the preparation of a plan (in this section referred to as the "school plan") and shall ensure that the plan is regularly reviewed and updated. 2) The school plan shall state the objectives of the school relating to equality of access to and participation in the school and the measures which the school proposes to take to achieve those objectives including equality of access to and participation in the school by students with disabilities or who have other special educational needs. 3) The school plan shall be prepared in accordance with such directions, including directions relating to consultation with the parents, the patron, staff and students of the school, as may be given from time to time by the Minister in relation to school plans. 4) A board shall make arrangements for the circulation of copies of the school plan to the patron, parents, teachers and other staff of the school. 5) Where either the Minister or a patron proposes to exercise functions under this section then (a) the Minister shall inform the patron, or (b) the patron shall inform the Minister, as appropriate, of the proposed course of action Parents Association: A Parents Association may advise the Board on any matter relating to the school and the Board shall have regard to that advice. The Board shall promote contact between the school, parents of students in the school and the community and shall facilitate and give all reasonable assistance to parents who wish to establish a Parents Association and to a Parents Association when it is established Informing Students/Students Council (S27): The board shall establish and maintain procedures for the purposes of informing students of the activities of the school. Such procedures shall facilitate the involvement of the students in the operation of the school, having regard to the age and experience of the students, in association with their parents and teachers. Students Council: The board shall encourage the establishment by the students of a student council and shall facilitate and give all reasonable assistance to the student council. A student council, following consultation with the board, may make rules governing its meetings and the business and conduct of its affairs Curriculum: (S30): It is the function of the Minister for Education and Science to determine and prescribe the curriculum for a recognised school in terms of: The subjects to be offered 8 P a g e

10 SECTION 2: STATUTORY FUNCTIONS OF BOM The syllabus of each subject The amount of instruction time allotted to each subject The guidance and counselling provision to be offered Subject to the above, the school may provide courses of instruction in such other subjects as the board considers appropriate. The Minister is required to ensure that the curriculum, as prescribed... in each school day shall be such as to allow for such reasonable instruction in a subject relating to or arising from the characteristic spirit of the school as the board with the consent of the patron determines. 2.3 FUNCTIONS ARISING FROM THE EDUCATIONAL WELFARE ACT, Welfare Officers: This act provides for the appointment of Education Welfare Officers and (in S11) requires boards of management to assist them in the performance of their functions Admissions (S19) A board shall not refuse to admit a student except where such refusal is in accordance with the published policy of the school concerned. Decisions in respect of an application to enrol in a school must be made and informed to the parent within 21 days of receipt of the required information. KES has provided Boards with a Model Admissions Policy Document Annual Report on Attendance: (S21) The board is required to submit a report not later than 6 weeks after the end of the school year, on the levels of attendance at that school during the immediately preceding school year. to the Education Officer assigned to the school, and to the Parents Association of the school School Attendance Strategy Statement (S22): The board is required, following consultation with the Principal, teachers, parents and the Education Welfare officer, to submit to the national Education Welfare Board, a statement of strategies and measures it proposes to adopt for the purposes of fostering the appreciation of learning among the students attending the school and encouraging regular attendance at school on the part of such students The National Education Welfare Board is obliged to issue guidelines to boards of management for the purpose of such statements. The board is obliged to include the Statement of Strategy in the School Plan Code of Behaviour (S.23): The board, following consultation with the Principal, teachers, parents and the Education Welfare Officer assigned to the school, is required to prepare a Code of Behaviour for the school. A Code of Behaviour must be prepared in accordance with 9 P a g e

11 SECTION 2: STATUTORY FUNCTIONS OF BOM guidelines as issued by the National Education Welfare Board, and must specify: The standards of behaviour to be observed by students The measures that may be taken when a student fails or refuses to observe these standards The procedures to be followed before a student may be suspended or expelled. The grounds for removing a suspension The procedures to be followed relating to notification of a child's absence from school Exclusion/Expulsion of a Student (S.24) When a board is of the opinion that a student should be expelled, it must, before expelling the student, notify the Education Welfare officer assigned to the school, in writing, of its opinion and the reasons therefor. The student shall not be expelled from the school before the passing of 20 school days following receipt of the notice by the Education Welfare Officer. This is without prejudice to the right of the board to take such other reasonable measures as it considers appropriate to ensure that good order and discipline are maintained in the school and that the safety of students is secured. 2.4 EDUCATION (MISCELLANEOUS PROVISIONS) ACT, 2007 The provisions of the Education (Miscellaneous Provisions) Act, 2007 are designed to amend the obligations of school Boards when considering decisions to enrol or exclude students. These provisions have not been commenced, i.e. brought into effect, pending a ruling by the Supreme Court on a High Court judgement in 2009 in respect of the following issues: The Board s right to decide the capacity of the school for a particular school year. The powers of the (Education Act, 1998) Section 29 appeals process to overturn a decision of the Board of Management. (see also section 5.5.) 10 P a g e

12 SECTION 3: FUNCTIONS OF KES IN RESPECT OF SCHOOLS SECTION 3: REVISED FUNCTIONS OF KERRY EDUCATION SERVICE IN RESPECT OF ITS SCHOOLS: 3.1 CHANGED FUNCTIONS AND ARRANGEMENTS FOR VECS (KERRY EDUCATION SERVICE); VOCATIONAL EDUCATION (AMENDMENT) ACT, 2001: Major Changes for Kerry Education Service the VEC in Kerry: Functions Nature of the decision making: o Reserved functions o Executive functions New sub-committee arrangements The functions and the decision-making procedures of VECs, and therefore, of Kerry Education Service - the VEC in Kerry, are significantly altered by the Vocational Education (Amendment) Act, 2001 (S.9). The key change in respect of functions is the new concentration on: Planning, Coordinating, Reviewing, and Assessing theo Efficiency, o Effectiveness, and o Value for Money of the services which it provides. Consultation These six functions represent the central role of the VECs and of Kerry Education Service. The key change in decision-making (S.11, 12.) lies in the distinction introduced between, Reserved Functions carried out by the Committee by resolution, and Executive Functions which are carried out by the Chief Executive Officer and staff of the VEC. The third major change introduced by the 2001 VE (Amendment) Act, relates to the role of sub-committees in the system. The Act provides specifically for a Finance Sub-committee, (S. 32), and for two other forms of sub-committee (S.31): A sub-committee established at the direction of the Minister with terms of reference and membership prescribed (S31.3); 11 P a g e

13 SECTION 3: FUNCTIONS OF KES IN RESPECT OF SCHOOLS A sub-committee established by the Committee to perform one or more of its functions or to advise it in relation to the performance of one or more of its functions. (S.31.1) Three characteristics of the form of sub-committee established by a committee under S.31.1 (i.e. established by the Committee): It will have not more than 12 members, and may be made up partly of members and non-members of the Committee; It will have its terms of reference determined by the Committee and its Chair may be nominated by the Committee; It s acts will be subject to confirmation by the Committee, save where the Minister otherwise directs. These changes, together with the provisions of the Education Act, 1998, are to be taken into account in the operation of boards of management in KES schools. IVEA (the Irish Vocational Education Association) has published A Handbook for Vocational Education Committees and Boards of Management of Schools and Community College. This publication is intended to be of assistance to VECs and Boards of Management. Further revisions of this text will be undertaken from time to time in the light of changes in regulation and best practice. See KES website at THE RANGE OF FUNCTIONS OF KES IN RESPECT OF ITS RECOGNISED SCHOOLS: The provisions of the Education Act, 1998, allocate functions to VECs - and therefore, to KES in respect of its recognised schools, under a range of headings: School Related Functions of KES: As: Patron Body Corporate Property Owner Employer of the Staff Accounting Body As VEC (Plan, coordinate, etc ) In the following sections, a brief outline of the functions of school boards and the support functions of KES will be presented, with an outline of the measures/arrangements proposed for the fulfilment of these functions under the headings above. 12 P a g e

14 SECTION 4: THE BOM & THE PATRON (KES) SECTION 4: THE BOARD OF MANAGEMENT AND THE PATRON (KES) (ED U C A T I O N A CT, 1998: S.8, 14, 15, 16, 19) THE FUNCTIONS OF KES AS PATRON, MAY BE SUMMARISED AS FOLLOWS: 1. Establish/Dissolution of Board S14.1/;16 2. To articulate, in consultation with the school community, the Characteristic Spirit (Ethos), and to safeguard it. (S15 3. Receive reports; be consulted re Plans, & Decisions of BOM; S.19: To Consult 4.1 KES AS PATRON: ESTABLISHING (DISSOLVING) THE BOARD, ETC: It is the responsibility of KES to appoint the Board, as per S.14 of the 1998 Act and as a Sub-Committee under the terms of S.31 of 2001, VE (Amendment) Act. Under the provisions of S.16, the Committee may, with the consent of the Minister, remove a member of the board where there are good and valid reasons (stated in writing to the member) for the action. The Committee may also, with the consent of the Minister, dissolve the board, if satisfied that the functions of the board are not being effectively discharged. Section 31 outlines procedures to be complied with in the case of the proposed dissolution of a board. MEMBERSHIP A board shall consist of not more than 12 members and be appointed by KES. Section 14(5) of the Education Act, 1998, requires appropriate gender balance in the membership of boards. The following arrangements are proposed to be in place for the appointment of boards to KES schools, except where there are agreed Articles of management in place which determine otherwise (as in the case of Colaiste na Sceilge and Causeway Comprehensive School): KES SCHOOL BOARDS: Three persons representative of KES, of which, as least one male and at least one female; Two persons representative of the parents/guardians of students, under the age of 18 at the school, of which one male and one female; Two persons representative of the staff of the school, of which one male and one female; Other persons representative of the community served by the school, drawn from such groups as: students over 18 years of age, community development groups, Irish language or arts development groups, or persons engaged in business, nominated with the approval of the Committee of KES. TERM OF OFFICE: The term of office of a school/college board will normally expire on 30 th day of September in the third complete year after a newly constituted board becomes 13 P a g e

15 SECTION 4: THE BOM & THE PATRON (KES) effective, or with the term of office of the Committee of Kerry Education Service, whichever is the shorter. KES may decide to extend the term of the Board for a period not beyond the term of office of the Committee of KES. The nomination and election of incoming members of a board should normally be completed at least one month before the date of expiry of the term of office of an existing board, and a new board, should assume its duties on that expiry date. However, on the election of the new committee to KES, the incoming boards shall become effective on being constituted by KES and the outgoing boards will continue in office till the new boards have been appointed. SCHEDULE FOR KES BOARDS : Boards - appointed Spring new boards Sept third year - option for extension to 2014 INDUCTION FOR BOARD MEMBERS: The management of a school is a complex task. The Board has obligations to KES, to the Minister and Department of Education and Science, to the students, their parents, and to the staff of the school. To assist Boards to carry out their functions as efficiently and as effectively as possible, KES requires that all Board members will attend an induction process, at which they will be introduced to those aspects of school life which they will be dealing with most frequently in the course of their term of office. 4.2 KES AS PATRON: TO ARTICULATE, IN CONSULTATION WITH THE SCHOOL COMMUNITY, THE CHARACTERISTIC SPIRIT (ETHOS), AND TO SAFEGUARD IT. (S15) KES has, during the life of the out-going committee, developed a statement of Characteristic Spirit for its schools which has been disseminated to all the schools for incorporation into the School Development Plans of each School. Schools are invited to develop their own statements of Characteristic Spirit or Ethos, provided it is consistent with the statement of KES. A statement of Characteristic Spirit developed by a school and approved by a board, must be submitted to KES for approval before publication to the general body of parents or to the public or before being incorporated into the School Development Plan. The following statement of the Characteristic Spirit for KES has been adopted by Committee in 2002 for the guidance of schools and Boards of Management. In addition, KES, in collaboration with the Presentation Order, has formulated a draft statement for the Characteristic Spirit for those schools in which KES and the Presentation Order have jointly agreed Articles and Instruments of Management 14 P a g e

16 SECTION 4: THE BOM & THE PATRON (KES) i.e. Colaiste na Sceilge, Caherciveen, Causeway Comprehensive School and Rathmore Community School. CHARACTERISTIC SPIRIT OR ETHOS STATEMENT FOR POST-PRIMARY SCHOOLS UNDER THE AEGIS OF KERRY EDUCATION SERVICE (CO. KERRY VEC). As adopted by Committee of KES KES post primary schools are the central part of the overall service provided to the people of Kerry through Kerry Education Service (Co. Kerry VEC) and should reflect the overall mission and core values of the Service as articulated in the KES Mission Statement, i.e.: in conjunction with other education and training agencies and community development bodies, to create and promote the development of a learning society in Kerry,so that all who live in Kerry have access to the education and training required by their personal, social, cultural, economic and civic needs. KES post-primary schools operate as a partnership between a range of other bodies, agencies, and groups. The spirit of partnership should be reflected in all aspects of the management and administration of the school. KES partners in post- primary schools include parents, students, teachers, the community being served by the school and other school trustees. KES post primary schools are publicly owned and at the service of the citizens in the area which they serve. KES post primary schools are comprehensive in their intake and are open to persons who have completed the primary school programme. Schools in their admission policy (will) treat all applicants equally. KES post primary schools are comprehensive in the curriculum they offer. Schools will maximise the learning opportunities available to all students. Schools (will) provide the widest, balanced range of subjects and courses available within resources to meet the needs of their students. KES post-primary schools provide for students and staff a respectful, caring and supportive learning environment which fosters mutual respect, selfconfidence, personal responsibility, initiative, achievement, community solidarity and responsibility, as well as creative and spiritual awareness. KES post primary schools are committed to quality teaching. KES post primary schools are committed to the growth of each student to their fullest in terms of academic, personal, spiritual, social and civic development. KES post-primary schools are committed to enhancing the life-chances of each student and will organise their teaching and learning programmes to ensure maximum benefits possible are available to all students. KES post-primary schools are committed to working in partnership with parents and students in the planning and organisation of the school and will 15 P a g e

17 SECTION 4: THE BOM & THE PATRON (KES) operate effective and appropriate structures for consultation between school management, students, parents and staff. KES post-primary schools are committed to the provision of Further Education, Second-Chance Education and General Adult Education and will play a full part in the delivery of KES programmes for adults in the County. 4.3 THE BOARD & THE PATRON: COMMUNICATION Receive reports; be consulted re Plans, & Decisions of BOM (S.19) & Consult As patron of a recognised school, KES is entitled to receive regular reports from the school and the board of the school. It is also entitled to be consulted about the proposed plans of the school and to be advised of the decisions of the school. This requirement is even more critical because of the position of KES as the Body Corporate for the school, by which it is legally responsible for the acts and the policies of the Board and the school staff. The responsibilities of the KES, as a VEC, to Plan, Coordinate, Review and Assess, require regular, high quality, two way communication between KES and Boards, and between KES and school staffs. In addition, the provisions of Sections 9 & 30 require that KES Consult with school Boards, staff, parents and students. Reports to Committee re Schools: To ensure that items that require the exercise of functions reserved to the committee of KES are brought to attention and dealt with, a Schools Report is presented to the Committee at each meeting. This provides an opportunity for items that are Reserved Functions for the Committee to be presented, reviewed and determined by resolution of the Committee. The Committee will give consideration to the establishment of a Schools Sub- Committee under the provisions of Section 31 of the VE (Amendment) Act, 2001, to facilitate the exercise of its responsibilities in respect of Planning, Coordinating, Reviewing and Assessing, and Consultation in relation to schools. Role of the Forums: KES Parents Forum, KES Students Forum KES has established two school related Forums to enhance the engagement with school partners in the management and policy making of KES for its schools. The terms of reference of these bodies provide for a two-way flow of information between KES and the Students of KES schools, between KES and the parents and guardians of students and KES. (See Appendix 1 for the terms of reference of the forums.) 16 P a g e

18 SECTION 5: LEGAL MATTERS FOR THE SCHOOL & THE ROLE OF KES SECTION 5: LEGAL MATTERS FOR THE SCHOOL AND THE ROLE OF KES S KES THE BODY CORPORATE FOR SCHOOLS Outside the VEC sector, schools and their boards are corporate bodies, can sue and be sued, can enter into contracts on their own behalf and can own property. In the VEC sector this is not the case. The VEC is the body corporate for its recognised schools and performs these functions for the schools. Another way of stating this is to say that the VEC, in our case KES, is responsible for the actions of the school. If a school, through its staff or its Board, contravenes the law or regulations that have a statutory force or injure a third party, then, the VEC is deemed to be liable. In these circumstances, it is necessary to ensure that procedures and policies are in place that allow KES to safeguard itself, while at the same time, ensuring that the school operates as efficiently and as effectively as possible. This in turn requires a communication framework which allows frequent and easy flows of information between the school to KES. The school in these circumstances can reasonably expect to receive advice, assistance and support from the KES staff in relation to difficult issues or situations that might have regulatory or legal implications, or in situations where an injury to a third party might conceivably arise. KES as Body Corporate for the School Legally responsible for the actions of the school board and staff - so KES must: o i) advise, assist, support; o ii) review, confirm/request change 17 P a g e

19 SECTION 5: LEGAL MATTERS FOR THE SCHOOL & THE ROLE OF KES Legally responsible for the policies of the school board & staff - so KES must: o i) advise, assist, support; o ii) review, confirm/request change Risk Management Appeal Forum The KES Executive, CEO, Education Officer, Senior Administrative staff and Adult Education Organisers are each available to offer advice and guidance to Principals and to Boards on specific matters as they arise for decision. Where Principals or boards are concerned that there may be a risk of exposure to loss for Kerry Education Service, these concerns should be communicated to the CEO or appropriate senior KES staff member. 5.2 SOME OF THE MANAGEMENT RISKS (OR EXPOSURES) Risks for Kerry Education Service which may arise from the management of a school may include the following: Litigation Risks or Legal and regulatory risks: Where a policy or action of the Board may give rise to litigation, may be in breach of the law or a regulation that applies to the activity concerned. Such risks may arise in respect of enrolment and exclusion policies and decisions; in relation to staff management procedures and incidents at the school; or the curriculum policies or decisions of the school Financial risks: Where the procedures/systems/accounting records are less than adequate and do not protect the school and KES from avoidable financial risks, including risks to assets. Technical / Infrastructural Risks: Where arrangements for the adequate maintenance and upkeep of premises, grounds and equipments may not be in place to safeguard the health and safety of staff, parents and other users of the schools, and to protect the investment and property of KES. Operational risks, Organisational management, human factors risks: Where the lack of detailed organisation, or the lack of skills or understanding on the part of staff or other persons, or illness and weakness on the part of persons leads to a failure or underperformance in some critical task for the school- such as the supervision of students, or the operation of dangerous equipment. Reputation risks: Where events or actions at the school, or by the Board and/or staff would involve risks to the public reputation of the school and of KES. 18 P a g e

20 SECTION 5: LEGAL MATTERS FOR THE SCHOOL & THE ROLE OF KES School Boards and Principals, operating on behalf of KES, have an obligation to protect KES as the body corporate of the school. KES has an obligation to carry out audits of the procedures, practices and the performance of the school, for the same purpose. The provisions set out above at p22-25 above which relate to communication between KES and the schools are critical to the successful management of this role in the interests of the school and of KES. The reports and the meeting referred to must ensure that no risk items fail to be communicated or fail to be dealt with. 5.3 ROLE OF INTERNAL AUDIT AND THE AUDIT COMMITTEE IN KES RISK MANAGEMENT: It is the responsibility of the CEO and the executive staff of KES including Principals as sub-accounting officers with responsibility for financial and asset management processes and procedures in her/his school - to ensure that procedures are in place to ensure that all legal and regulatory obligations are met. The CEO is accountable to the Committee who must be satisfied that this is the case. The Cathaoirleach, on behalf of the Committee, signs an annual statement to the Minister for Education and Science, to the effect that s/he is satisfied that this is (or is not) the case. The Committee has two independent mechanism to assure itself that its affairs and interests are properly managed an Internal Audit Service and an Audit Committee which is established for this purpose. Details of the functioning of Internal Audit and the Audit Committee are reproduced in Appendix KES AS AN APPEAL FORUM In the context of its role as body corporate for the school, KES provides a court of appeal to persons who wish to appeal a decision of the school. Depending on whether the matter is a policy matter and comes within the terms of the functions Reserved to the Committee of KES, or is a matter that falls into the domain of the Executive Functions assigned to the CEO and delegated staff, the matter will be dealt with by either the Committee or the CEO. Appeals against schools decisions which are taken under the provisions of Section 29 of the Education Act, 1998, are dealt with in accordance with the Circular Letter M48/01 as issued by DES. Appeal Process In cases of schools level decisions appealed to KES the following procedures will apply: 1. A KES officer (or other appropriate person) will be designated by the CEO to manage the appeal process. 2. This officer will be provided by all relevant documentation available to the school in relation to the decision, by the school Principal. 3. The officer will conduct a process of mediation between the parties to the decision with a view to resolving the matter. 4. If the matter is resolved, the officer will issue a report to that effect to the school, the complainant and to the CEO. 19 P a g e

21 SECTION 5: LEGAL MATTERS FOR THE SCHOOL & THE ROLE OF KES 5. If the matter is unresolved, the officer will arrange for a hearing on the case to which the parties will be invited to make oral and written submission. If the matter at issue relates to a Reserved Function of the Committee of KES, the hearing will be conducted by a sub-committee of the KES committee established by resolution of the Committee in accordance with Section 31 of the Vocational Education (Amendment) Act, If the matter at issue relates to an Executive Function, the hearing will be conducted by a committee established for that purpose by the CEO on the recommendation of the designated officer. 6. Following the hearing, the determination on the matter at issue being recommended by the hearing committee will be forwarded by the designated officer for decision by the CEO or the Committee, as appropriate. 7. The decision of the CEO or the Committee, as appropriate, will be conveyed to the school and the party concerned. 5.5 SECTION 29 APPEALS In the case of a matter brought under the terms of Section 29 of the Education Act, 1998, the complainant will be advised of their right to appeal the matter to the Secretary General of the Department of Education and Science and the appropriate documentation will be made available to them. The matter which may be appealed are actions of a Board, or person acting on behalf of a Board which 1). Permanently excludes a student 2). Suspends a student 3). Refuses to enrol a student or other acts which the Minister might determine after consultation with the Education Partners. Appeals on such matters are made to KES in the first instance. KES has established a Section 29 Committee to consider such appeals. In light of legal cases at the High Court in 2009 and appeal to the Supreme Court in 2010, the following advice is offered for the guidance of Boards and the Section 29 Appeal Committee. Not only is a Board of Management required to have a valid enrolment policy, it must show that its decision was not unreasonable or perverse in the light of the policy which was applied in practice. Moreover, a Board must consider all matters relevant to its determinations, and avoid matters that are not material to its decision. A Board must act within the jurisdiction conferred upon it; conduct a full analysis of the issues before it, for decision; have a valid evidential basis for its decision(s); and not fly in the face of reason and commonsense. Dr. D. Glendennig, S.C P a g e

22 SECTION 6: THE BOARD AND SCHOOL PROPERTY SECTION 6: THE BOARD AND SCHOOL PROPERTY: 6.1 Functions of the Board and Principal Maintenance and Upkeep A Statement of Property Assigned and related documents were forwarded to all KES schools in July Each school has been provided with a Maintenance Plan template to guide the Board, Principal and School Maintenance Staff (Caretakers) in the regular and systematic upkeep and maintenance of the school buildings, equipment and grounds. The annual financial allocation to each school includes the budgetary provision for the normal cost of the school Maintenance Programme. The Board should approve this programme on an annual basis, and receive regular reports on the implementation of the Plan. The procedures set out in the KES Administrative and Financial Guidelines (June 2009) apply in respect of all expenditures that arise in repost of Maintenance. 6.2 The Role of KES Being the body corporate for its schools means that KES is the legal owner of the property used by schools and must exercise the legal obligations that come with ownership. The box below summarises the main functions of KES in respect of the property used by recognised schools for the fulfilment of the schools duties and obligations: KES as Property Owner: Designate property for the use of the school Arrange insurance 21 P a g e

23 SECTION 6: THE BOARD AND SCHOOL PROPERTY Devolve responsibility for its maintenance and upkeep to the Board and Principal Devolve responsibility for appropriate third party access to the property on specified general conditions Provide funding to the school for maintenance and minor capital projects Undertake major capital projects on behalf in respect of the property Make decisions about the lease, purchase or disposal of property (Reserved Function) Support and advise schools by developing best practice procedures for school level management of KES property As VEC: Plan, Coordinate; Advise & support; Review & Assess & Consult nsult 6.3 Major Capital Projects Application to DES for approval and the funding of major capital projects required for the accommodation of a KES recognised school are made by KES. KES will consult with the school Board in respect of all major capital projects. A Board may make application to KES to initiate a major capital project for its school. Plan & co-ordinate; Major capital projects when approved and funded by DES or other source, will be managed by KES which will appoint the appropriate technical staff/design teams and the contractor. KES will also make the necessary payments in respect of the contract, in accordance with the regulation and procedures that apply. On completion of the project, the new/renovated accommodation will be formally assigned to the school. Details of all major capital project and major contracts will be conveyed to the Committee by the CEO. (See Code of General Code of Best Practice for Corporate Governance of VECs, Section 1.) KES will consult with the Board and the Principal in respect of the timing of the works in respect of a manor capital project. Arrangements for the management of the project will include provisions for the inclusion of the Principal in the process and for regular communication with the Board on the progress of the project. All proposals for major capital projects adopted by KES will be included in the KES Education Plan. 6.4 LEASE, PURCHASE OR DISPOSAL OF PROPERTY: The lease, purchase or disposal of property is a Reserved Function of KES and is performed by resolution of the Committee. Proposals from a school to lease, purchase or dispose of property require to be formally presented to CEO who will 22 P a g e

24 SECTION 6: THE BOARD AND SCHOOL PROPERTY bring the matter to the Committee together with any advice which the executive may wish the Committee to consider in respect of the proposal. 6.5 Insurance: KES arranges for insurance in respect of its property and its employees. Details may be consulted in the KES Administrative and Financial Guidelines, Section 10. Guidance on insurance cover in KES Centres 1. KES Course & KES funded course All KES approved activities will automatically be covered by insurance. However if there are any elements of the activity of a high risk these should be notified to Riverside House in advance for clarification on cover with the insurance providers. 2. External Groups a. Established Community Groups All groups wishing to use KES facilities must provide their own insurance and provide the centre with evidence that their policy is extended to cover activities in the KES premises. The Principal / Centre Manager should satisfy themselves that the group s insurance is in order. If they require advice / assistance in this regard they should contact the Finance Department Mary O Sullivan, Judith Hayes and Edward O Neill. b. Occasional & Once off Community Groups Kerry Education Service s Public Liability will operate in respect of KES legal liability arising from the use of KES premises by outside groups that may not have their own insurance in place; however, KES Public Liability policy cannot be extended to indemnity the groups in respect of the groups own legal liability. This is intended as a guide only, if there are any questions please contact The Finance Department at Riverside House, SUPPORT & ADVICE TO SCHOOLS: Advice and support in respect of its delegated responsibilities will be available to school principals and Boards of Management KES Head Office Staff, in particular, from the CEO, the Education Officer, the Head of Finance and the Buildings Officer. 23 P a g e

25 SECTION 7: THE MANAGEMENT OF STAFF THE MANAGEMENT OF STAFF ROLES OF BOARDS, PRINCIPAL AND KES [The Acts - Education Act, 1998, S. 22, 23, &24 and VE (Amendment) Act, 2001, S. 15, 16 & 20] SECTION 7: 7.1 THE BOARD & THE PRINCIPAL STAFF MANAGEMENT FUNCTIONS In accordance with the provisions of Sections 22 & 23 of the Education Act, 1998, the following functions are devolved to the Principals of KES schools under the terms of the Vocational Education (Amendment) Act, 2001) Sections 15, 16 & 20: FUNCTIONS OF PRINCIPALS & TEACHERS AS PER EDUCATION ACT, 1998, SECTION 22 & 23 SECTION 22: FUNCTIONS OF PRINCIPAL AND TEACHERS. 22.(1) The Principal of a recognised school and the teachers in a recognised school, under the direction of the Principal, shall have responsibility, in accordance with this Act, for the instruction provided to students in the school and shall contribute, generally, to the education and personal development of students in that school. (2) Without prejudice to subsection (1), the Principal and teachers shall (a) encourage and foster learning in students, (b) regularly evaluate students and periodically report the results of the evaluation to the students and their parents, (c) collectively promote co-operation between the school and the community which it serves, and (d) subject to the terms of any applicable collective agreement and their contract of employment, carry out those duties that (i) in the case of teachers, are assigned to them by or at the direction of the Principal, and (ii) in the case of the Principal, are assigned to him or her by the board. SECTION 23: THE PRINCIPAL. (1) Sub-section 1 not applicable.. (2) In addition to the functions of a Principal provided for in section 22, the Principal shall (a) be responsible for the day-to-day management of the school, including guidance and direction of the teachers and other staff 24 P a g e

26 SECTION 7: THE MANAGEMENT OF STAFF (b) (c) (d) (e) of the school, and be accountable to the board for that management, provide leadership to the teachers and other staff and the students of the school, be responsible for the creation, together with the board, parents of students and the teachers, of a school environment which is supportive of learning among the students and which promotes the professional development of the teachers, under the direction of the board and, in consultation with the teachers, the parents and, to the extent appropriate to their age and experience, the students, set objectives for the school and monitor the achievement of those objectives, and encourage the involvement of parents of students in the school in the education of those students and in the achievement of the objectives of the school. (3) For the purpose of carrying out his or her functions under this Act, a Principal shall have all such powers as are necessary or expedient in that regard, and shall carry out his or her functions in accordance with such policies as may be determined from time to time by the board and regulations made in accordance with section 33. (4) The Principal shall be entitled to be a member of any and every committee appointed by a board. (5) (not applicable) (6) Wherever practicable, the Principal shall, in exercising his or her functions under this section, consult with teachers and other staff of the school THE PRINCIPAL AND THE MANAGEMENT OF SCHOOL STAFF: The Principal has authority from the office of Principal-ship and from the Education Act, S/he also has delegated responsibility from the CEO in respect of the management and direction of staff assigned to the school. In the exercise of this authority the principal shall adhere to the policies and procedures as adopted by KES and presented in the KES Personnel Handbook, and the KES Administrative and Financial Guidelines (June, 2009) and shall be accountable to the CEO. In addition to the general authority in respect of the direction and management of staff assigned to the school, the following functions in respect of staff are delegated to Principals of KES schools, to be performed directly by the Principal or by a designated member of the school management team in accordance with regulations as issued by KES: Recommendation of substitute teachers for appointment; 25 P a g e