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CEEOA/IVEA Training for Boards of Management

Working Group Agreed Template Presentation September 2006

Meeting of the Working Groups for Training of Boards of Management

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Working Group Members:

Mr Sean O’Longain, CEO, Co Donegal VEC Mr Barra O’Briain, CEO, Co Cork VEC Mr Colm McEvoy, CEO, Co Cavan VEC Mr David Treacy, Education Officer, City of Dublin VEC Mr Diarmuid O’Neill, CEO, Co Offaly VEC Mr Eamonn Kinch, Member of Standing Council, IVEA Mr Martin O’ Brien, CEO, Co Sligo VEC Mr Noel O’Connor, Member of Standing Council, IVEA Mr Pat O’Connor, CEO, Co Dublin VEC Mr Peter Kierans, CEO, Co Meath VEC Mr Sean Burke, CEO, Co Limerick VEC CEEOA/IVEA Training for Boards of Management

Topics

 Topics              Introduction Legislation Overview Functions of School Function of BOM Composition of BOM Procedure and Participation BOM Meetings School Inspections School Planning Finance Building and Maintenance Rental & use of Facilities Issues that may arise for BOM – Section 29 issues etc CEEOA/IVEA Training for Boards of Management

Introduction

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This presentation is a template for use for Training Boards of Management of Vocational Education Committees

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Use this Template in conjunction with the IVEA “Handbook for Vocational Education Committees and Boards of Management of Schools and Community Colleges”

CEEOA/IVEA Training for Boards of Management

Legislation Overview

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Legislation

The Education Act 1998, the Vocational Education Act 1930, the Vocational Education Amendment Act 2001, Education Welfare Act 2000, Education for Persons with Special Education Needs Act 2004 etc 

The Patron

Education Act section 8(4) “In the case of a school established or maintained by a Vocational Education Committee that Committee shall be the patron of the school for the purposes of this Act”   Section 8 (6) Education Act 1998 – the patron of the school/college shall carry out the functions and exercise the powers conferred on the patron by the act The executive functions of the VEC as Patron shall be carried out by the CEO in accordance with sections 12 and 15 Vocational Education Amendment Act 2001   The VEC is the body corporate for all schools/colleges established under its patronage in accordance with section 7 of the Vocational Education Act 1930 and section 14(2) Education Act 1998 It is the duty of the VEC as Patron to establish a Board of Management CEEOA/IVEA Training for Boards of Management

Legislation Overview Cont..

Establishment of BOM In accordance with Part IV Education Act 1998 & Section 31 Vocational Education (VE) Amendment Act 2001 Education Act Section 14(1) “ It shall be the duty of a patron, for the purposes of ensuring that a recognised school is managed in a spirit of partnership, to appoint where practicable a Board of Management the composition of which is agreed between patrons of schools, national associations of parents, recognised school management organisations, recognised trade unions and staff associations representing teachers and the Minister” Vocational Education Amendment Act 2001, Section 31  Establishment of Sub-committees CEEOA/IVEA Training for Boards of Management

Legislation Overview Cont..

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Membership of the BOM – VEC Sub-Committee ( VE Amendment Act 2001 Section 31 )

 Not more than 12 members

Please Note

– Under Section 23(4) Education Act 1998 the Principal is entitled to be a member of any and every Sub-Committee appointed by the BOM CEEOA/IVEA Training for Boards of Management

Boards of Managements – Education Act 1988

        Establishment and Membership of BOM -

Section 14

Functions of a Board -

Section 15

Dissolution by a Patron -

Section 16

Dissolution by a Patron at Request of the Minister -

Section 17

Keeping of Accounts and Records -

Section 18

Report on Operation of the Board -

Section 19

Report and Information The School Plan –

Section 21 Section 20

CEEOA/IVEA Training for Boards of Management

Functions of a School

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Functions of the School – 1998 Section 9 Education Act

CEEOA/IVEA Training for Boards of Management

Functions of the Board of Management

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Education Act 1998 Section 15

 Section 15(1) “It shall be the duty of a board to manage the school on behalf of the patron and for the benefit of the students and their parents and to provide or cause to be provided an appropriate education for each student at the school for which that board has responsibility”   Uphold and be accountable to the patron for so upholding the characteristic spirit of the school cultural, educational, moral, social, religious, linguistic and spiritual values Publish a school policy on:    Admissions Expulsions and Suspensions Admissions and Participation for students with disabilities or other special education needs    Have regard to the principle requirements of a democratic society and respect and promote respect for diversity of values, beliefs traditions, languages etc Have regard to the efficient use of resources The BOM is conferred with no rights over or interest in the land and buildings of the school CEEOA/IVEA Training for Boards of Management

Composition of the Board of Management

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IVEA Handbook Section 4 Page 29

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General Composition

 “3/4” members nominated by the VEC – “Committee Members”  “2” Staff – (one female/one male)  “2” Parents - (one female/one male)  “x” to facilitate relevant Partnerships/Community etc CEEOA/IVEA Training for Boards of Management

Procedure and Participation

 Role of the Board of Management    Educational Curricular Resource        Infrastructural Financial Planning Managerial Leadership Vision Policy CEEOA/IVEA Training for Boards of Management

Procedure and Participation

Members Responsibilities

 Board Members  Supportive  Facilitative  Perspective  Issues  Managers  Accountable  Contribution  Experience  Wisdom  Expertise  Confidentiality Page 18 IVEA Handbook) (section 13  Vision CEEOA/IVEA Training for Boards of Management

Procedure and Participation

 Secretary to the BOM  The Principal is the permanent Secretary to the BOM  Board established before Principal appointed, CEO or nominee will act as Secretary  Dates for meeting to be agreed between Chairperson and Secretary (Principal) 

7 clear days

notice to be given to board members and the CEO. This notice to include a copy of the draft minutes of the previous meeting, Agenda Details and Draft policies for adoptions at the scheduled BOM Meeting. Emergency/Special meetings may be called as required with as much notice as possible CEEOA/IVEA Training for Boards of Management

Procedure and Participation

  Quorum     A minimum of 4 voting members required to form a quorum for a meeting of the Board No quorum after 15 minutes from appointed meeting time, meeting adjourned Any meeting can be adjourned by resolution CEO/delegated officer can attend any BOM meeting but has no vote – section 16 VE Amendment Act 2001 Voting   Decisions determined by a majority In the case of an equal division of the votes the chairperson will have the second or casting vote (the Principal has no Vote) 

Duration of Meetings 1 - 2 hours depending on business (2 hours should be the max)

CEEOA/IVEA Training for Boards of Management

Procedure and Participation

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Membership

 Attendance  Knowledge  Discerning  Good Judgment  Supportive  Discrete  Sensible  Participatory CEEOA/IVEA Training for Boards of Management

Board of Management Meetings

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Agenda

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Minutes

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Frequency

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Role of Chairperson

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Role of Secretary of BOM

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Secretary Reports

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School Sub-Committee Report

CEEOA/IVEA Training for Boards of Management

Agenda

 Sample Agenda            Apologies/Condolances Minutes of Previous Meeting Matters Arising Correspondence Finance – IVEA Handbook Section (2) Page 38 Secretary’s Report Parents Association Report Subject Inspections School Sub-Committee Reports AOB – by permission of the chairman Date of Next meeting CEEOA/IVEA Training for Boards of Management

Minutes

   Kept by the secretary of the Board and open to inspection by the Minister – Education Act Section 19(4) Names of those present and absent to be recorded in the Minutes of the meeting Signed copy of the Minutes of the previous meeting to be issued to the CEO within 7 days of the BOM Meeting together with Draft Policies approved by the BOM etc – for approval/adoption at the VEC meeting.  Please Note: Policies Approved by a BOM remain DRAFT until they are approved by the VEC CEEOA/IVEA Training for Boards of Management

Minutes Cont..

Proposed format of Minutes:      Recorded by the Secretary (Principal) Record decisions taken Record Attendance/Apologies/Condolences Be formally adopted Circulated to various partners   Discretion be observed in recording minutes Draft until adopted by the Board and should be circulated to all Members of the Board and the CEO well in advance of meetings – 7 clear days CEEOA/IVEA Training for Boards of Management

Meetings Frequency

 Schedule of BOM Meetings  at least 5 meetings per year recommended (not including special BOM meetings to deal with Section 29 Appeals etc)      Term 1 – before mid Term Term 1 – Between Mid Term and Christmas Term 2 – Between January and Mid Term Term 2 – Between Mid term and Easter Term 3 – Before Summer Break CEEOA/IVEA Training for Boards of Management

Role of the Chairperson

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Chairperson

 Presides at all meetings  Agrees the Agenda with the Secretary  Chairperson has a second or casting vote in the event of an equal division of the votes CEEOA/IVEA Training for Boards of Management

Role of the Secretary

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Secretary

       Prepares the meeting agenda in consultation with the chairperson Issues Notice of the Meeting (7 clear days prior to the meeting) to all members of the BOM and the CEO Records the minutes of the meeting Briefs the members of the various items under discussion Prepares documentation for the meeting Receives and deals with the correspondence of the board Convenes, in consultation with the Chairperson, emergency meetings e.g. section 29 appeals etc CEEOA/IVEA Training for Boards of Management

Secretary’s Report

     Student Matters Staff Matters – IVEA Handbook Section 8 Page 43   Newly appointed staff (for information purposes only) Staff activities/contribution etc Curriculum Development  Introduction of new courses etc School Development Planning/Whole School Evaluation Building/Maintenance  Please note: In relation to Staff Matters, staff appointments is the executive role of the CEO. Staff performance/evaluation not for discussion at BOM meetings. CEEOA/IVEA Training for Boards of Management

Inspections

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Inspections may include:

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Subject Inspection

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Whole School Evaluations

CEEOA/IVEA Training for Boards of Management

Subject Inspections Framework

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Subject Inspection evaluates:

 Subject Provision and Whole School Support  Planning and Preparation  Teaching and Learning  Assessment and Achievement Publication of School Inspection Report CEEOA/IVEA Training for Boards of Management

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BOM and Subject Inspection Reports

Factual Verification & draft report Finalised Report Issued Chairperson BOM, Principal, CEO Chairperson BOM, Principal, CEO Return to Inspection Secretariat within 10 days Respond A, B, C or Null

Please Note: No Response = Null response and Report Published within 10 school days

(A)

Accept Report without comment (within 20 days of receipt) Response A, B, C (3 Options)

(B)

Formally respond to the findings of the Report (within 20 days of receipt and no more than 500 words)

(C)

Request a formal review of the Inspection in accordance with Section 13(9) Education Act 1998 CEEOA/IVEA Training for Boards of Management

Whole School Evaluations

 What is Whole School Evaluation   Whole School Evaluation (WSE) was launched as an initiative by the Inspectorate of the Department of Education and Science in March 1996. Aims of Whole School Evaluation      To facilitate the full participation of the whole school community in the evaluation process Contribute to school development by affirming good practice in schools and ensure that advice and support are available to schools to help with further development Ensure school and system accountability by providing objective, dependable, high quality data on the operation of the individual school and the system as a whole To enable teachers and schools to use the criteria for school self-review and improvement, so as to encourage other quality assurance approaches. Contribute to system development by providing information which can inform the discussion and modification of education policies. CEEOA/IVEA Training for Boards of Management

Whole School Evaluations Cont..

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WSE looks at :

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School Management

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Planning

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Curriculum

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Teaching and Learning

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Student Supports

CEEOA/IVEA Training for Boards of Management

Whole School Evaluations Cont..

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The Whole School Evaluation process includes:

       Pre-evaluation meetings between the inspectors involved in the evaluation and the Principal, teachers and members of the

school’s Board of Management

A meeting between inspectors and the officers of the Parents’ Association or Parents’ Council in the school (where such a body has been established in line with the

Education Act 1998

) School and classroom visits, during which inspectors visit and observe in classrooms, interact with students, interact with teachers, and examine school planning documentation and teachers’ written preparation. (In the case of second level schools, certain departments within the schools are focused upon by the inspection team) Preparation of draft report by inspection team Post-inspection meetings with the Principal, the school staff, and representatives of the

Board of Management

Finalisation of WSE pre-publication report on school and issue of report to School,

BOM

and CEO (option to reply) Final Report issued to Chairperson of the school BOM, the Principal and the CEO and published on DES Web Site 

Board of Management Responsibility

    Be aware of the Whole School Evaluation Process and the role of the BOM Awareness of importance of the School Plan in terms of the WSE Understanding of the workings/operation of the school is essential Understand the WSE Reporting Process CEEOA/IVEA Training for Boards of Management

School Planning

 Section 21 Education Act 1998   The BOM will make arrangements for the preparation of the school plan and ensure the plan is regularly reviewed and updated School plan shall state:  The objectives of the school relating to equality of access to and participation in the school and the measures 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 education needs  The school plan preparation will involve consultation with parents, the patron (VEC), staff and students and such directions as may be given from time to time by the Minister CEEOA/IVEA Training for Boards of Management

School Planning Cont..

   Board of Management – Section 21  Education Act 1998 The Board must ensure that the planning is done. Most of the work involved will be delegated to the Principal and teaching staff, who will keep the Board informed on progress The Principal  The Principal plays a prominent role in the leadership and management of the planning process. Some of the responsibilities are shared with the Board of Management. Some aspects may be delegated to members of the teaching staff through the in-school management structure or through the establishment of planning teams The Teaching Staff   The whole-hearted participation of the teaching staff is crucial to the success of the planning process A Steering Group of staff may be established CEEOA/IVEA Training for Boards of Management

School Planning Cont..

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Support Staff

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Parents

– through BOM and Parents Associations ( Education Act Section 26) 

Students

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Format of School Plan

 The school plan can be formulated as:  A single cohesive document, or a series of related documents, or a central comprehensive document and a range of booklets for various constituent groups CEEOA/IVEA Training for Boards of Management

School Planning Cont..

School Plan Contents – SDPI Booklet

CEEOA/IVEA Training for Boards of Management

School Planning Cont..

 School Organisation  Education Act Section 25  The School Year – Standardised Calendar   Number of days in school year etc Opening Hours     Organisation of the Timetable i.e. class durations etc (BOM no direct role) Promotion Posts – ( CL43/00 ) Education programmes in the School  Junior and Leaving Certificate, Transition Year, Leaving Cert Applied, Leaving Cert Vocational Programme, Junior Cert Schools Programme etc BOM understanding of In-School Management Teams   Communications structures Departments, Year Heads, Pastoral Care etc CEEOA/IVEA Training for Boards of Management

School Planning Cont..

 Pastoral Care Structure    Principal Deputy Principal Year Head    Class Tutor Class Subject Teacher Additional Support Staff       Guidance Counsellor Learning Support Chaplin Resource Home School Liaison Special Needs Assistants etc CEEOA/IVEA Training for Boards of Management

School Planning Cont..

 Policies  School Plan would typically include the following policies:     Code of Behaviour - Section 23 Education Welfare Act 2000 Suspension Policy – Education Act 1998 Section 15 Expulsion Policy Education Act 1998 Section 15 Admissions Policy – Section 15 Education Act , Section 19 Education Welfare Act , Equal   Status Act , Education for Persons with Special Educational Needs Act 2004 Attendance Policy – Education Welfare Act Sections 20, 21, 22 Special Needs Policy Sections 2, 3, 14, 15 Education for Persons with Special       Educational Needs Act 2004 Health and Safety Statement Section 20 Health and Safety Act 2005 Information and Communications Technology Policy Substance Abuse Policy Countering Bullying Behaviour Policy Dealing with Allegations or Suspicions of Child Abuse – Post Primary Schools 2004 Grievance/Complaints Policy – Child Protection Guidelines for Section 28 Education Act 1998  The following Policies may also be included:  Pastoral care, Guidance/remedial provision, Homework, Home-School community links, Pupil assessment, Record-keeping, Time-tabling/formation of classes, Subject-choice and examination levels and Textbooks CEEOA/IVEA Training for Boards of Management

Buildings and Maintenance

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Section 15 (3) Education Act 1998

 The BOM is conferred with no rights over or interest in the land and buildings of the school for which the Board is responsible CEEOA/IVEA Training for Boards of Management

Rental and Use of Property

 VEC Policy/Guidelines should apply relating to Insurance, payment and Rental/use of committee property  Principal to follow the VEC Policy / Guidelines and seek authorisation for use of premises by a third party  Educational or Social Benefit involved CEEOA/IVEA Training for Boards of Management

Issues that may arise for BOM – Section 29 issues etc

 Code of Conduct/ Behaviour Welfare Act 2000 – Section 23 Education  A code of behaviour typically would specify:  the standards of behaviour that shall be observed by each  student attending the school; the measures that may be taken when a student fails or   refuses to observe those standards; the procedures to be followed before a student may be suspended or expelled from the school concerned; the procedures to be followed relating to notification of a child’s absence from school CEEOA/IVEA Training for Boards of Management

Issues that may arise for BOM – Section 29 issues etc Cont..

 Rules of Natural Justice  Right to be heard in one’s own defence  Anyone affected by a decision has the right to be told what case is being taken against him/her and allowed an opportunity to respond  The Rule against Bias   The decision-maker must not be biased A person cannot be a judge in one’s own case  Right of Appeal CEEOA/IVEA Training for Boards of Management

Issues that may arise for BOM – Suspensions

     Principal may suspend in accordance with the Code of Behaviour Appeal against a suspension imposed by the Principal may be made to the BOM Parent/Student (> 18 years) should be notified of the right of appeal in the letter confirming the suspension Sample procedure for dealing with suspension appeals to the BOM Supporting Documentation    Meeting Agenda Template BOM Members Notice/Brief Meeting Minutes Template   Decision of the BOM can be appealed to the VEC “Appeals Sub Committee” Section 29 Appeals Application Form CEEOA/IVEA Training for Boards of Management

Issues that may arise for BOM – Refusal to Enrol, Expulsion Cont..

 Section 19 Education Welfare Act 2000    Refusal in accordance with enrolment policy of the school published in accordance with Section 15 (2)(d) Education Act 1998 Decision in respect of the application must be made by the BOM within

21 days

of the application concerned (all information provided) and notify the parent in writing of the decision Sample procedures for BOM Enrolment Decisions  Section 24 Education Welfare Act 2000      Principal recommends expulsion to the BOM Parent Informed of Right of Appeal to the BOM - Sample expulsion procedures for dealing with an BOM before expelling the student notify the Welfare Officer in writing of reasons for same A student shall not be expelled from a school before the passing of 20 days following the receipt of notification by the Education Welfare Officer (sub-section 4) (sub-section 4) is without prejudice to the right of the BOM to take such other reasonable measures it considers appropriate to ensure good order and discipline are maintained in the school CEEOA/IVEA Training for Boards of Management

Issues that may arise for BOM – Refusal to Enrol, Expulsion Cont..

 Section 29 Appeals - Education Act 1998 & Circular Letter M48/01  Applies to where a BOM or person acting on behalf of the BOM:    Permanently excludes a student from a school Suspends a student for a period that will bring the cumulative period to 20 school days in any one year Refusal to enrol a student ( section 19 Education Welfare Act 2000 )  Makes a decision of a class which the Minister may from time to time determine may be appealed in accordance with this section     Right of appeal applicable to Parent of Student (<18 years) or student (>18 years) or by the National Education Welfare Board (section 26 Education Welfare Act 2000) within reasonable time (14 days) from date of being informed of the decision in writing by the BOM (CL M48/01) In the case of a suspension, the appeal is made to the BOM. The parent/student must be notified in writing of the suspension and the right of appeal to the BOM by the Principal Appeal against the decision of the BOM is made to the VEC Sub Committee” “Appeals The Secretary of the BOM and the Chairperson/representative will represent the BOM at the Appeal (s) Hearing (s) CEEOA/IVEA Training for Boards of Management

Section 29 Appeals Process

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The Appeals Process

    Section 29 Appeals made in writing on the Section 29 Appeal Application Form and submitted by signed letter, fax or email to the CEO. Appeals by fax or email must also be confirmed in writing.

Appeal application form should be completed in full –

complete the appeal process from date of receipt 30 days to

Before admitting the Appeal, the CEO can seek clarification regarding local procedures that may have been applied Prior to processing the Appeal, the parties to the Appeal will be asked by the CEO or Nominee to seek a local solution – 1 week.

CEEOA/IVEA Training for Boards of Management

Section 29 Appeals Process Cont..

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Processing the Appeal – (no local resolution)

      To process the Appeal it must meet the conditions set out in paragraph 1-5 of CL 48/01 Procedures for Hearing and determining Appeals in respect of VEC Schools Letter issued to the appellant on receipt of Appeal by the CEO – may submit additional information A letter will also issue simultaneously to the BOM informing it of the Appeal and request to submit any additional relevant information All information submitted by the appellant and BOM will be treated in strict confidence by all parties to the Appeal If CEO deems Appeal inadmissible under these procedures the CEO will issue a letter to that effect to the appellant and the school stating the grounds on which the Appeal is not being admitted An Appeal may be withdrawn at any time by the appellant by notifying the Committee to that effect CEEOA/IVEA Training for Boards of Management