Explanatory Note
(This note is not part of the Regulations)
These Regulations prescribe the initial instrument and articles of government for grant-maintained special schools.
The initial instrument of government is set out in Schedule 1 to the Regulations (regulation 2). Paragraph 2 of the initial instrument of government requires the governing body to include first governors. Paragraph 3 includes provision for the Secretary of State to replace first governors, and to make provision with respect to the filling of vacancies in such governorships. Paragraphs 5 and 6 respectively require the governing body to include parent and teacher governors, and make provision as to their election and, in the case of parent governors, appointment. Paragraph 9 provides for the head teacher to be a governor ex officio. Provisions are also included in the initial instrument of government with respect to governors' tenure of office (paragraphs 11 to 13), their removal and resignation from office (paragraph 14), and the circumstances in which a person is to be disqualified for holding or for continuing to hold office as governor (paragraphs 15 to 18).
The initial instrument of government includes provisions for the appointment of a chairman and vice-chairman of the governing body and a clerk to the governing body (paragraphs 19 to 21). It also makes provisions with respect to the meetings and proceedings of the governing body (paragraphs 22 to 29). Provisions are included with respect to the delegation of functions by the governing body (paragraphs 33 to 35), and the establishment of committees for the purpose of exercising delegated functions (paragraphs 30 to 32 and Appendix 2). The initial instrument of government also makes provision for the constitution of appeal committees (paragraphs 36 and 37 and Appendix 3).
The initial articles of government for grant-maintained special schools are set out in Schedule 2 to the Regulations (regulation 3).
The initial articles of government include provisions dealing with the general responsibilities of the governing body and head teacher with respect to the conduct of the school (Article 2). It also makes provision with respect to the curriculum at the school, including provision for dealing with complaints concerning the curriculum (Articles 3 and 4). The initial articles of government include provisions with respect to admissions to the school (Article 5), and the exclusion of pupils (Articles 7 and 8). The initial articles of government also provide for the establishment of appeal committees to hear appeals against decisions permanently to exclude pupils (Article 9 and the Appendix).
The initial articles of government include provisions requiring the governing body to prepare an annual report (Article 11), and to hold an annual parents' meeting (Article 12). The initial articles of government also include provisions with respect to the use of school premises (Article 14), and provisions concerning the appointment and dismissal of staff (Articles 15 to 19).
The Regulations provide for certain provisions of the initial articles of government to have effect, where the school was established in pursuance of proposals under section 183(3)(a) of the Education Act 1993, from the date of incorporation of the governing body (regulation 4). These include the provisions relating to the curriculum at the school, admissions and the appointment and dismissal of staff. Otherwise, by virtue of paragraph 2(3) of Schedule 11 to the Education Act 1993, the initial articles of government have effect from the implementation date of the proposals under which the school became, or was established as, a grant-maintained special school.