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- Point in Time (01/10/1993)
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Version Superseded: 01/01/1994
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Education Reform Act 1988, Section 58 is up to date with all changes known to be in force on or before 31 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)For every grant-maintained school there shall be an instrument in accordance with which the school is to be conducted (to be known as the articles of government).
(2)The articles of government shall be made by order of the Secretary of State.
(3)The articles of government shall comply with any trust deed relating to the school.
(4)The articles of government for a grant-maintained school may include provision as to the establishment by the governing body of committees or other bodies of persons for the purpose of or in connection with the performance in relation to the school of such functions as may be determined by or under the articles.
(5)The articles of government for a grant-maintained school shall include in particular provision—
(a)with respect to the functions to be exercised in relation to the school by—
(i)the Secretary of State;
(ii)the governing body;
(iii)any committee or other body established in accordance with any provision made by virtue of subsection (4) above; and
(iv)any other persons specified in or determined under the articles;
and the delegation of such functions by those on whom by or under the articles they are imposed or conferred;
(b)with respect to arrangements for the admission of pupils to the school and the policy to be followed in deciding admissions;
(c)for securing the discharge by the governing body and the head teacher of duties imposed on them under Chapter I of this Part;
(d)with respect to arrangements for appeals, in such circumstances as may be provided by the articles, to an appeal committee constituted in accordance with the instrument of government against any decision or action taken by the governing body, or by any persons authorised under the articles to take any decision or action of the kind in question, in relation to—
(i)admissions of pupils to the school; or
(ii)the permanent exclusion of any pupil from the school;
and for enabling the governing body to make joint arrangements for that purpose with the governing body of one or more other grant-maintained schools;
(e)with respect to arrangements for the consideration and disposal of complaints relating to any matter concerning the curriculum followed within the school including, in particular, the discharge by the governing body of duties imposed on them under Chapter I of this Part;
(f)requiring the governing body to publish, for each school year, particulars of—
(i)the arrangements for the admission of pupils to the school; and
(ii)the procedures applicable under the articles and any further arrangements made by them in respect of appeals by parents against any such decision or action as is mentioned in paragraph (d) above in relation to the admission of pupils to the school;
(g)with respect to disciplinary rules and procedures applicable to members of the staff of the school and procedures for affording to them opportunities for seeking redress of any grievances relating to their employment;
(h)with respect to arrangements—
(i)for affording to any member of the staff an opportunity of making representations with respect to any proposal to dismiss him by the governing body or any persons authorised under the articles to dismiss him, including (if he so wishes) oral representations to such person or persons as may be appointed for the purpose;
(ii)for requiring the governing body or any such persons to have regard to any representations made by him before taking any decision to dismiss him; and
(iii)for affording to any member of staff whom it has been decided to dismiss an opportunity of appealing against that decision before any action is taken to implement it;
(i)requiring the governing body, when considering the content of the secular curriculum for the school, to have regard to any representations with regard to that curriculum—
(i)which are made to them by any persons connected with the community served by the school; or
(ii)which are made to them by the chief officer of police and are connected with his responsibilities;
(j)requiring the governing body—
(i)to prepare, once in every school year, a report in such form, and containing such information, as may be required by the articles; and
(ii)to take such steps as are reasonably practicable to secure that the parents of all registered pupils at the school and all persons employed at the school are given (free of charge) a copy of the report and that copies of the report are available for inspection (at all reasonable times and free of charge) at the school;
(k)requiring the governing body, subject to any exceptions provided for in the articles, to hold a meeting once in every school year which is open to—
(i)all parents of registered pupils at the school; and
(ii)such other persons as the governing body may invite; and
(l)with respect to—
(i)the procedure to be followed and the matters to be considered at any such meeting and the determination of any questions arising in connection with any such meeting; and
(ii)the taking by the governing body or any other persons of such action as may be required by the articles for the purposes of or in connection with the meeting or any resolutions passed at the meeting.
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