Department of Education Learners first, connected and inspired

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1 Department f Educatin Learners first, cnnected and inspired Secretary's Instructins N. 4 fr Schl Assciatins Department f Educatin

2 Secretary's Instructins N. 4 fr Schl Assciatins Instructins frm the Secretary, Department f Educatin, fr the Operatin f Schl Assciatins in Gvernment Schls and Clleges f Tasmania. 1. A Letter frm the Secretary Schl Cmmunities and Schl Assciatins in Tasmania Students, parents, schl staff and sme members f the brader cmmunity tgether frm schl cmmunities, the grup f peple wh have the welfare f their schl at heart. Withut the cmmunity grups that exist in schls tday, many schls culd nt survive, and schls wuld be less rich envirnments than they currently are. Schl cmmunities cntribute in varied ways t the life f their schl. These include such things as participatin in the develpment f schl plicies, the cntributin f expertise t special prjects within the schl, fundraising activities, such as schl fairs and cmmercial activities such as schl canteens. Amendments made in 2003 t the Educatin Act 1994 make it cmpulsry fr all schls t have a Schl Assciatin, with a cnstitutin apprved by the Minister fr Educatin. These instructins prvide the directin and examples that will enable Schl Assciatins and their cmmittees t prvide gd management f their activities. The arrangements will ensure that the many rganisatins that frm schl cmmunities can chse t cntinue and that their members will have the risk cver that is required when undertaking apprved vluntary activities fr the benefit f the schl, and reasnable care is exercised. The instructins are written t allw as much flexibility as pssible s that they can be applied t the varied circumstances f all Tasmanian gvernment schls. This flexibility will als allw schls t amend their arrangements as their circumstances change. Dr Martyn Frrest Secretary Octber 2004 f Educatin s website t ensure this versin is the mst recent (Versin 2.0). Page 2

3 2. Schl assciatin instructins 2.1 Status f Instructins These instructins are issued by the Secretary, Department f Educatin. The instructins will be updated as necessary, and schls will be ntified f any changes. Feedback n any aspect f the instructins is welcme. 2.2 Special Circumstances Where a schl experiences special circumstances that may require a departure frm any part f these instructins, such arrangements may nly be implemented in cnsultatin with the Learning Service General Manager. Where changed arrangements require amendments t the cnstitutin, these changes must als be apprved by the Minister. 2.3 Departmental Plicy Schl Assciatins are required t act in accrdance with Department f Educatin plicies. Links t the plicies relevant t the peratin f Schl Assciatins and Schl Cmmunities can be fund at the Department s Schl Assciatins page. 2.4 Incrpratin Schl grups may chse t becme Incrprated Assciatins. If the Schl Assciatin r any cmmittee f the Schl Assciatin intends t engage in any cmmercial r trading activities it must be incrprated. This prcess invlves legislatin additinal t the requirements f the Educatin Act The Assciatins Incrpratin Act 1964 and assciated amendments, legislatin and regulatins create the framewrk fr Incrprated Assciatins registratin in Tasmania. Cmprehensive infrmatin and supprting resurces n incrpratin are available. Csts cnnected with incrpratin are fund at Frms required fr incrpratin are fund at There is n cnflict t schl grups that incrprate in cmplying with bth the requirements f the Assciatins Incrpratin Act 1964 and the Educatin Act The mdel cnstitutin fr incrprated Schl Assciatins prvided n the Department f Educatin website meets the requirements f the Assciatins Incrpratin Act IMPORTANT NOTE: Schl Assciatins d nt need mdel rules in additin t their cnstitutin if they fllw the mdel cnstitutin, hwever all Schl Assciatins shuld ensure that their cnstitutins cmply with their wn individual situatins. f Educatin s website t ensure this versin is the mst recent (Versin 2.0). Page 3

4 3. Schl assciatins and their cmmittees 3.1 Schl Assciatins Schl Assciatins are made up f parents, students, staff and members f the brader cmmunity. 3.2 Schl Assciatin Cmmittees The Schl Assciatin Cmmittee administers and manages the vast range f peratins and activities that may be undertaken by a Schl Assciatin. It is elected by the grups that frm the Schl Assciatin - the parents, students and staff. Members f the brader cmmunity may als be appinted t the Cmmittee f the Schl Assciatin, ften fr the special expertise that they can bring t the Assciatin. Schl Assciatins are nly created upn apprval f a cnstitutin submitted t the Minister fr Educatin. The fllwing extract frm the amended Educatin Act 1994, describes the prcesses fr the establishment f a Schl Assciatin. Divisin 2 - Schl assciatins 26. Schl assciatins a) A State schl must have a schl assciatin established under this Divisin. b) A State schl is t submit t the Minister a draft cnstitutin f the prpsed schl assciatin. c) The Minister is t establish a schl assciatin fr a State schl if satisfied that the draft cnstitutin is apprpriate. d) Any change t the cnstitutin f a schl assciatin must have the prir apprval f the Minister. e) The Minister, if satisfied that it is necessary t d s, may ablish a schl assciatin. 3.3 Schl Assciatins: Functins and Pwers Schl Assciatins carry respnsibilities set ut in Sectins 27, 28 and 29 f the Educatin Act 1994: 3.4 Functins f schl assciatins Sectin 27. A schl assciatin has the fllwing functins: a) t participate in the frmulatin and develpment f - a set f beliefs, values and pririties fr the schl; and the schl plicies and cde f cnduct; b) t prvide advice and recmmendatins t the principal in relatin t the general peratins and management f the schl; c) t participate n the selectin panel in respect f any advertised permanent vacancy fr the psitin f principal; d) t fster cperatin amng teachers, students, members f the schl assciatin, parents and the cmmunity; e) t prvide advice and recmmendatins t the Secretary n any matter relating t plicy; f) t apprve the schl budget; f Educatin s website t ensure this versin is the mst recent (Versin 2.0). Page 4

5 g) any ther functin the Minister determines. 3.5 Pwers f schl assciatins Sectin 28. a) A schl assciatin has the fllwing pwers: t carry ut trading activities nt relating t educatin fr the benefit f the schl; t prvide, r assist in the prvisin f, financial r ther resurces r services fr the benefit f the schl. b) A schl assciatin may d anything necessary r cnvenient t perfrm its functins. c) A schl assciatin must exercise its pwers in accrdance with any instructins issued by the Secretary. 3.6 Annual reprt Sectin 29. A schl assciatin is t prvide t the principal and the schl cmmunity nce in every 12 mnths a reprt f its activities fr the perid t which the reprt relates. NOTE: In the legislatin, "Secretary" means the Secretary f the Department. 4. Selecting schl assciatins frm schl cmmunities Schl Assciatins elect their cmmittee frm amngst their members. 4.1 The Register f Members f the Schl Assciatin Fr vting purpses, the members f the Schl Assciatin must be listed n a register. Mst Schl Assciatins will take the mst simple path f infrming ptential members principal, parents, staff and students that their names will be n the register f members f the Schl Assciatin unless they ntify therwise. This will generally be cmmunicated thrugh intrductry r start-f-year letters and/r in schl newsletters. Using this strategy, the Schl Assciatin register can be cnsidered t be a cmbinatin f the existing lists f parents, staff and students that are held by a schl, deleting any members wh chse nt t belng, and with the additin f a list f cmmunity members as apprpriate. The register is the respnsibility f the secretary f the Schl Assciatin and requires annual updating befre Schl Assciatin Cmmittee electins. 4.2 Categries f Membership Members f Schl Assciatins fall int varius categries. It is imprtant t define these categries (as fllws), because they cnstitute the frmal electrate wh vte fr members f the Schl Assciatin Cmmittee. principal - ex ffici the principal is a member simply because f the fact that he r she is the principal; schl staff - a persn wh is a member f the permanent teaching/nn-teaching staff emplyed n a full-time r part-time basis at the schl r as a persn wh is a member f the temprary teaching/nn-teaching staff emplyed n a full-time basis at the schl; parent - a guardian r ther persn having the care r cntrl f a child attending the schl; f Educatin s website t ensure this versin is the mst recent (Versin 2.0). Page 5

6 brader cmmunity - a persn wh des nt have children at the schl but wh has been frmally accepted by the Schl Assciatin Cmmittee fr membership f the Schl Assciatin; student - a student attending the cllege r schl. Fr the purpse f Schl Assciatin Cmmittee electins and Schl Assciatin membership, relief teachers and temprary part-time emplyees are either frm the 'parents' r 'brader cmmunity' categries, depending n whether they have children attending the schl. A member f the schl staff (ther than relief r temprary part-time staff) wh als has children at that schl can nly stand fr the Schl Assciatin Cmmittee as a staff member. Hwever, a schl staff member whse children attend anther schl is eligible t stand bth as a parent member at the schl his r her children attend, and as a schl staff member at the schl at which he r she wrks. Student representatin is required in Clleges, and at the discretin f the Schl Assciatin Cmmittee, the details f membership f the Schl Assciatin Cmmittee by high schl and primary schl students may be defined. 5. Schl assciatin cmmittee electins T elect the members f a Schl Assciatin Cmmittee, each membership categry cnducts a separate ballt t elect their members. There are several prcesses by which this can happen, and thse available t each Schl Assciatin will be detailed in its cnstitutin. Such prcesses may include: OR OR OR All categries f membership (see sectin 5.2) are elected at the annual general meeting f the Schl Assciatin. Each membership categry cnducts a separate ballt t elect their members (perhaps at a separate meeting r using ther prcesses). Membership categries may require individuals elected r appinted t ther psitins t als assume categry membership f their Schl Assciatin Cmmittee. A cmbinatin f the abve prcesses. It is imprtant that all members f the Schl Assciatin are encuraged t vte in Schl Assciatin Cmmittee electins, t ensure that their Assciatin Cmmittee represents the interests f all sectrs f the schl cmmunity. Members f a Schl Assciatin can expect members f their Schl Assciatin Cmmittee t act in the best interests f the schl as they represent their schl cmmunity in their activities and decisin-making. 5.1 Wh Vtes... Fr Whm? Only registered members f the Schl Assciatin are autmatically eligible t participate in Schl Assciatin Cmmittee electins. f Educatin s website t ensure this versin is the mst recent (Versin 2.0). Page 6

7 Each membership categry elects its wn members t represent that categry n the Assciatin Cmmittee (schl staff elect schl staff representatives, parents elect parent representatives, etc). Nminatins fr each categry are prpsed and secnded by members f that categry. SRC electin results r ther student selectin prcesses may be used fr the electin f schl student members t Assciatin Cmmittees. It may be apprpriate t directly appint members f the brader cmmunity t the Schl Assciatin Cmmittee (see sectin 8). 5.2 Frequency and Timing f Electins Electins must be held annually, at a time that is mst apprpriate t the schl s cycle f planning and activities. 5.3 Terms f Electin f Schl Assciatin Cmmittee Members Parent, staff and cmmunity members are elected fr a tw-year term, with half retiring each year. Schl Assciatins may prefer t specify that student members serve a ne year term. Current members f the Assciatin Cmmittee are eligible fr re-electin. 5.4 Methd f Electin f Schl Assciatin Cmmittee Members Electin f members may be by shw f hands, frmal ballt r ther suitable methd. 5.5 Electin Prcedures Appintment f Returning Officer A returning fficer must be appinted t manage electin prcedures. The principal will appint the returning fficer where he r she is nt that fficer. (Often the Schl Executive Officer r the Administrative Officer will fill this rle.) Tasks f Returning Officer The returning fficer must: publicise the electin, particularly the nminatin and electin prcedures; call fr nminatins; where a ballt is required: publicise the list f candidates (this may include candidate prfiles); make arrangements fr the prper cunting f vtes, and fr the prper declaratin f the pll ther tasks as required frm the selected methd/prcedure fr electin. where a ballt is nt required (because the number f nminatins is equal t r is less than the number f vacancies): declare the nminees elected - where vacancies still remain, issue a further call fr nminatins; and declare any further nminees elected (but where the nminatins are greater than the number f vacancies, hld a ballt fr the remaining psitins). where vacancies still remain: advise the Assciatin Cmmittee t appint members t fill these vacancies. f Educatin s website t ensure this versin is the mst recent (Versin 2.0). Page 7

8 5.6 Cunting f Vtes Vtes must be cunted by the returning fficer plus ne ther persn. 6. Casual vacancies infrmatin fr schl assciatins The ptins fr filling a casual vacancy are: The returning fficer determines the candidate wh was runner-up in the last electin fr that vacancy (depends n timeframe, candidate s willingness t assume membership, etc) The returning fficer appraches the relevant categry f the Schl Assciatin (fr example, fr the parent categry, the returning fficer wuld apprach the parent bdy r, where n frmal parent bdy exists, advertise fr nminatins fr the vacancy,) Shuld neither f the abve ptins prvide a member, the Assciatin Cmmittee may take ther steps t appint an individual frm the apprpriate categry t fill the vacancy. 7. Appintment t the schl assciatin cmmittee Subject t the Schl Assciatin's cnstitutin, the Schl Assciatin Cmmittee may directly appint peple t the Cmmittee: t fill a casual vacancy; t fill a permanent vacancy (as a result f insufficient nminatins at a Schl Assciatin Cmmittee electin), and where, in the case f members recruited frm the brader cmmunity, electin prcedures are impractical. In such instances: the Schl Assciatin Cmmittee nminates and vtes n the appintment n mre than ne-third f all Schl Assciatin Cmmittee members will be appinted. The Minister must be advised where this is nt the case. 8. Operatins f schl assciatin cmmittees 8.1 Office Bearers Electing Office Bearers and Schl Assciatin Cmmittee Representatives At the first meeting fllwing the electin f the Schl Assciatin Cmmittee, ffice bearers must be elected and representatives f each standing cmmittee must be elected r appinted. Electin prcesses will be chaired by the principal. Office bearers f the Assciatin Cmmittee will include a chairpersn, deputy chairpersn, treasurer and a secretary. The chairpersn f the Assciatin Cmmittee must be a parent r a cmmunity member and may nt be an emplyee f the Department f Educatin. Fr incrprated Schl Assciatins, the Assciatins Incrpratin Act 1964 requires ne ffice bearer (the principal is recmmended) be appinted as the public fficer. Where the duties f the treasurer f a Schl Assciatin are minr, it may be agreed that they are undertaken by the secretary. Hwever, mst Schl Assciatin Cmmittees will prbably chse t appint a treasurer t share the wrklad arund members f the Cmmittee. f Educatin s website t ensure this versin is the mst recent (Versin 2.0). Page 8

9 Assciatin Cmmittees may wish t nminate the principal as the executive fficer (ie. the fficer wh prvides infrmatin fr the Assciatin Cmmittee n schl matters). 8.2 Schl Assciatin Cmmittee Meetings Frequency Meetings must be held regularly, with a minimum number f fur a year. Time and place shuld be established by the Schl Assciatin Cmmittee. Special Assciatin Cmmittee meetings are held at the request f the chairpersn r a specified number f members Attendance Regular attendance is vital fr the effective wrking f a Schl Assciatin Cmmittee. A qurum and a prcess t deal with prlnged absenteeism f a member is required Standing Orders Schl Assciatin Cmmittees are frmal bdies and a standard meeting prcedure is required. Assciatin Cmmittees may wish t dcument prcedures simply and briefly as Standing Orders (rules under which the meetings will perate) Agenda An agenda, tgether with any papers relating t issues requiring decisins, must be circulated befre a meeting Minutes Minutes must be kept and made available t the Schl Assciatin at a central schl lcatin. The minutes must recrd every decisin made by the Schl Assciatin Cmmittee. It is helpful if the minutes nte the actin t be taken as a result f any decisin, and wh is respnsible fr seeing that the actin is taken. 8.3 Observers Meetings must be pen t the Schl Assciatin and general cmmunity t attend as bservers. Observers have n right t speak unless it is granted by the chairpersn. Meetings, r a part f a meeting, may nly be clsed t bservers by a majrity vte f Assciatin Cmmittee members. A clsed meeting shuld happen very rarely. 8.4 Vting Rights f Schl Assciatin Cmmittee Members Where cnsensus cannt be achieved, each member is entitled t ne vte. The chairpersn may have a casting vte. Members must disclse any relevant financial r ther interest they have n an issue and, where apprpriate, refrain frm vting n that issue. 8.5 Schl Assciatin Sub-cmmittees and Wrking Grups Schl Assciatin Cmmittees may frm sub-cmmittees as required and may draw n members frm the Schl Assciatin and the brader cmmunity. These sub-cmmittees may have an nging rle as an standing cmmittee, r merely need t be frmed as a wrking grup that exists ver the duratin f a prject. Each sub-cmmittee r wrking grup must appint a secretary t cnvene meetings and keep minutes. A qurum fr a cmmittee r wrking grup is ne-half f the members plus ne. f Educatin s website t ensure this versin is the mst recent (Versin 2.0). Page 9

10 The Schl Assciatin Cmmittee representative is respnsible fr reprting back t the Assciatin Cmmittee n the activities f the sub-cmmittee r wrking grup, and seeking decisins frm the Assciatin Cmmittee as necessary. The Assciatin Cmmittee may request advice r make prpsals t the cmmittees r wrking grups regarding activities, etc. 8.6 Reprting Reprting is an imprtant way f ensuring effective cmmunicatin within Schl Assciatins. 8.7 Required reprting activities are: Schl t Schl Assciatin: The principal must prvide t the Schl Assciatin Cmmittee: schl financial reprts (at least quarterly) the schl budget fr apprval the annual reprt f the schl ther infrmatin that will allw the Schl Assciatin Cmmittee t carry ut it functins effectively Schl Assciatin t Schl: The Assciatin Cmmittee must prvide t the schl principal an annual reprt f the activities f the Schl Assciatin Within the Schl Assciatin: Members f the Schl Assciatin cmmittee wh represent cnstituent grups, cmmittees and/r wrking grups must regularly reprt t thse grups n the activities f the Assciatin Cmmittee. They must reprt regularly t the Assciatin Cmmittee n the activities f the grups they represent. 8.8 Annual General Meetings f the Schl Assciatin The annual general meeting must be held in the same mnth each year. A specified qurum is required befre prceeding with mandatry business. Mandatry business invlves: cnfirming minutes f the preceding annual general meeting and any special general meetings; receiving and, if apprved, ratifying the annual Schl Assciatin's reprt; receiving and ratifying the annual schl reprt; receiving ther relevant reprts; and annuncing the results f the electin f Schl Assciatin Cmmittee members (whether the electin is held prir t r at the AGM itself), including the status f appintment t psitins yet t be reslved. Where vting n any matter is required: f Educatin s website t ensure this versin is the mst recent (Versin 2.0). Page 10

11 vting by prxy is nt allwed, and each member is entitled t vte. The annual general meeting may deal with special business if ntice f that business is given t Schl Assciatin members in accrdance with the requirements f the cnstitutin f that Schl Assciatin. 8.9 Special General Meetings f the Schl Assciatin A Schl Assciatin Cmmittee must cnvene a special general meeting: n the written request f nt less than 10% f the registered members f the Schl Assciatin if the Assciatin Cmmittee itself decides t cnvene such a meeting. Registered members must be ntified f the time, date, place and purpse f any special general meeting. A qurum must be specified in the cnstitutin. At a special general meeting: the business is cnfined t the purpse fr which the meeting is cnvened and t the items f business f which ntice has been duly given each member f the Schl Cmmunity is entitled t vte vting by prxy is nt allwed. 9. Alteratins t the schl assciatin cnstitutin Alteratins may be prpsed by anyne wh is a registered member f the Schl Assciatin. The prpsed alteratin must be presented in writing t the Schl Assciatin Cmmittee fr cnsideratin. Vting n alteratins shuld take place either at the annual general meeting f the Schl Assciatin r at a special general meeting f the Schl Assciatin, fllwing apprpriate publicity and discussin n the issue. If it is t succeed, an alteratin needs a three-quarters majrity vte f thse present at the meeting. The Minister, thrugh the General Manager, must be ntified f any alteratin. The alteratin cannt prceed withut the Minister's endrsement. 10. Disputes infrmatin fr schl assciatins Where a dispute ccurs that invlves the Schl Assciatin Cmmittee, cnflict reslutin prcesses must be fllwed (resurces are available n the Schl Assciatins page f the Department f Educatin website). Disputes that are still nt able t be reslved must be referred t the General Manager. f Educatin s website t ensure this versin is the mst recent (Versin 2.0). Page 11

12 11. Winding up schl assciatins Members f the Schl Assciatin may reslve at a general meeting that the Schl Assciatin be vluntarily wund up. The Minister may wind up a Schl Assciatin. The assets f the Schl Assciatin must be given t the schl, r where the schl n lnger exists, t the Minister, wh will apply them fr the purpses f public educatin in the State, usually directing them twards the new/alternative schl r schls that students will attend. 12. Related Dcuments The fllwing dcuments are available frm (Search fr the Dc ID) Schl Assciatins - Mdel Incrprated Cnstitutin (Dc ID: TASED ) Schl Assciatins - Mdel Unincrprated Cnstitutin (Dc ID: TASED ) Authrised by: Dr Martyn Frrest Psitin f authrising persn: Secretary Date authrised: Oct 2004 Develped by: Office f the Secretary Date f last review: Oct 2004 Date fr next review: n/a This dcument replace: n/a f Educatin s website t ensure this versin is the mst recent (Versin 2.0). Page 12

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