The Federation of Schools (Community Schools, Community Special Schools, Voluntary Controlled Schools and Maintained Nursery Schools) (England) Regulations 2003

Regulation 13

SCHEDULE 2 Election and appointment of parent governors

1.  In this Schedule, where reference is made to the authority and the federation includes schools maintained by more than one authority, the reference shall be taken as a reference to each authority.

2.  The authority may delegate to the head teacher of the federation or, where applicable, the head teacher of the federated school in question, any of their functions under this Schedule.

3.  Subject to paragraphs 2 and 4 to 7 the authority shall make all the necessary arrangements for the election of parent governors.

4.  The power conferred by paragraph 3 does not include power to impose any requirements as to the minimum number of votes required to be cast for a candidate to be elected.

5.  Any election which is contested shall be held by ballot.

6.—(1) The arrangements made under paragraph 3 shall provide for every person who is entitled to vote to have an opportunity to do so by post.

(2) For the purposes of sub-paragraph (1), “post” includes delivery by hand.

(3) The arrangements made under paragraph 3 may provide for every person who is entitled to vote to have an opportunity to do so by electronic means.

7.  Where a vacancy for a parent governor arises, the authority shall take such steps as are reasonably practicable to secure that every person who is known to them to be a parent of a registered pupil at the school is—

(a) informed of the vacancy and that it is required to be filled by election;

(b) informed that he is entitled to stand as a candidate and vote in the election; and

(c) given the opportunity to do so.

8.  The number of parent governors required shall be made up of parent governors appointed by the governing body if one or more vacancies of parent governors arises and either—

(a) the number of parents standing for election is less than the number of vacancies;

(b) at least 50 per cent of the registered pupils at the school are boarders and it would, in the opinion of the authority, be impractical for there to be an election of parent governors; or

(c) in the case of a school which is a community special school established in a hospital, it would, in the opinion of the authority, be impractical for there to be an election of parent governors.

9.—(1) Except where paragraph 10 applies, in appointing a parent governor to represent a federated school, the governing body of a federation shall appoint—

(a) a parent of a registered pupil at the school;

(b) a parent of a registered pupil at another school within the federation;

(c) a parent of a former registered pupil at the school;

(d) a parent of a former registered pupil at a school within the federation; or

(e) a parent of a child.

(2) The governing body shall only appoint a person referred to in sub-paragraph (1)(b), (c), (d) or (e) if it is not reasonably practicable to appoint a person referred to in the sub-paragraph which immediately precedes it.

10.—(1) Where the school is a community special school, in appointing a parent governor the governing body of a federation shall appoint—

(a) a parent of a registered pupil at the school; or

(b) a parent of a former pupil at the school; or

(c) a parent of a child with special educational needs for which the school is approved; or

(d) a parent with experience of a child with special educational needs.

(2) The governing body of a federation shall only appoint a person referred to in sub-paragraph (1)(b), (c) or (d) if it is not reasonably practicable to appoint a person referred to in the sub-paragraph which immediately precedes it.