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5(1)The instrument of government for the governing body of a grant-maintained special school shall provide for the governing body to include not less than three nor more than five parent governors.
(2)Subject to sub-paragraph (5), the parent governors—
(a)in the case of a school not established in a hospital, shall be elected by persons who are registered parents of registered pupils at the school, and
(b)in the case of a school so established, shall be appointed by the other members of the governing body.
(3)To qualify for such election a person must when he is elected be a registered parent of a registered pupil at the school; and to qualify for appointment under sub-paragraph (2)(b) a person must when he is appointed be such a parent or, if that is not reasonably practicable, a parent of one or more children of compulsory school age.
(4)The instrument shall provide for each parent governor to hold office for a term of four years.
(5)In the case of a school not established in a hospital, the instrument shall provide that if—
(a)one or more vacancies for parent governors are required to be filled by election, and
(b)the number of parents standing for election as parent governors is less than the number of vacancies,
the required number of parent governors shall be made up by persons appointed by the other members of the governing body.
(6)The instrument shall require governors, in appointing a person under a provision made by virtue of sub-paragraph (5)—
(a)to appoint a person who is the registered parent of a registered pupil at the school, where it is reasonably practicable to do so, and
(b)where it is not, to appoint a person who is the parent of one or more children of compulsory school age with special educational needs or, if that also is not reasonably practicable, a person who is the parent of a person of any age with special educational needs.
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