The Education (School Government) (Terms of Reference) (England) Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply to the governing bodies and head teachers of maintained schools (that is to say community, voluntary, foundation, community special and foundation special schools). They set out two principles to operate as terms of reference for governing bodies. They also deal with the respective roles and responsibilities of governing bodies and head teachers.

Under the Regulations the governing body are to carry out their functions with a view to fulfilling a largely strategic role in the school. As part of this role, they are to set up a strategic framework for the school, setting aims and objectives for the school, setting priorities and targets for the achievement of those aims and objectives and adopting policies for achieving those aims and objectives.

The head teacher has responsibility under the Regulations for the internal organisation, management and control of the school, for advising the governing body in relation to the strategic framework and for implementing the strategic framework set out by the governing body.

In delegating functions to the head teacher the governing body are required to have regard to their largely strategic role in the school. When the governing body delegate functions to the head the head must obey their reasonable instructions about how that delegated power is to be exercised.

The Regulations confer particular functions on the governing body and head teacher in respect of the preparation of a policy for the school curriculum and the establishment of a performance management policy for the school. The latter is a policy document for the school to complement the statutory framework for appraisal of school teachers.