Chapter 2 membership of guide for school governors

This chapter contains information about the membership of Boards of Governors of grant-aided schools.

In this chapter:

Role of the Board of Governors
The role of the Board of Governors is to help ensure that its members are equipped to fulfil its statutory functions in relation to the school. Management skills can be developed through training and the chairperson can advise the relevant ELB, CCMS or DE of any specific skills or experience which have a bearing on the recruitment of governors to fill vacancies. Also, the Board of Governors can co-opt non voting governors at any time as a means to enhance its skills and experience.

Governor recruitment

2.1. A school governor must be aged 18 or over. There are no statutory competency requirements relating to the eligibility of persons to hold the office of a school governor. Those nominated, or applying to be a school governor have to be interested in education and have a commitment to the work of the school. However, given the wide range of responsibilities of school Boards of Governors, it is desirable that members have a range of competences, skills and experience to enable them to make a positive contribution to the governance of the school.

2.2. Boards of Governors can contribute to the governor recruitment process by identifying to the relevant authorities any specific competences or skills that would be of benefit to the school Board. The school Board may also encourage or invite individuals with specific competences or skills to formally apply to be a school governor. The education and library boards and DE are open to receiving applications from individuals with an interest in being a school governor.

Co-opted governors

2.3. The Board of Governors can consider the co-option of governors as a means to extend its competences in specific aspects of school governance. A Board of Governors may co-opt up to three persons from the local community to bring additional business management skills and experience into the Board room and any committees of the Board. It may also co-opt up to three persons to assist with the provision and management of community activities at an extended school. Co-opted members do not have a vote on the Board of Governors. Being a co-opted governor is a good training ground for someone who may be interested in taking on the responsibilities of a full voting member of the school Board.

Child protection arrangements

2.4. Each governor, including a co-opted governor, holds 'a regulated position’ under the Child Protection legislation. This means that a post of Governor cannot be offered to anyone who has been convicted or disqualified by a court order from working with children. All new candidates for governor posts are required to be vetted through AccessNI before their appointment can be confirmed to allow them to take up office.

2.5. Under the Safeguarding Vulnerable Groups (NI) Order 2007, an Independent Safeguarding Agency (ISA) will be responsible for AccessNI vetting arrangements and for decisions on barring persons from working with children and vulnerable adults. Schools will be advised of any changes arising out of the review of Vetting and Barring arrangements announced by the Coalition Government.

2.6. DE Circular 2008/03 PDF 38 KB provides details of the whole pre-employment checking process and will be updated in due course.

Scheme of management

Membership of the Board of Governors

2.7. Every school must have a scheme of management approved by DE. This scheme provides for the membership of the Board of Governors as well as its functions and procedures. The principal should provide every governor with a copy of the scheme of management for the school on their appointment (see Chapter 4 for more information).

2.8. Any question arising as to the right of any person to be, or to appoint or nominate, a member of the Board of Governors of a grant-aided school is required by law to be decided by DE whose decision is final.

Acceptance of membership

2.9. Every member should, at or before the first meeting of which he or she has been notified, sign a declaration of their acceptance of membership and of the scheme of management for the school and submit it to the secretary of the Board of Governors, otherwise their membership will be void.

Disqualification from membership

2.10. A person, (other than the principal or an elected teacher governor) cannot be a governor if he/she

is employed in the school;
has within the five years before the first day that his membership could have taken effect or at any time thereafter been convicted by a court of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
is adjudged bankrupt or has made a composition or arrangement with his creditors or is subject to a Bankruptcy Restrictions Order.

Where a person is disqualified from membership by having been adjudged bankrupt, the disqualification shall cease

on his/her discharge from bankruptcy, unless the bankruptcy order made against that person is previously annulled; and
if the bankruptcy is so annulled, on the date of the annulment.

Where a person is disqualified by reason of his/her having made a composition or arrangement with his/her creditors and he/she pays his/her debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.

Limitation on membership

2.11. A person cannot hold more than one seat on the Board of Governors of the same school.

2.12. A person cannot hold office as a member of more than three Boards of Governors of grant-aided schools, except with the specific approval of DE.

Removal of members

2.13. DE has the power, to make regulations, to provide for the removal of a member or all members of the Board of Governors of a grant-aided school in circumstances prescribed in Regulations.

Term of office

2.14. The term of office of voting and co-opted members is four years, except when a vacancy arises through resignation, the new governor appointed to fill that post will only serve the remainder of that four year term of office. Any voting or co-opted member going out of office at the end of the four years may be reappointed, unless he or she is disqualified or otherwise ineligible. A voting member may remain in office until his or her successor is appointed.

Termination of membership

2.15. A voting or co-opted member may resign by giving written notice to the Secretary of the Board of Governors. A member appointed by an ELB or by DE may resign by giving written notice to the Chief Executive or the Education Governance Team of DE respectively.

2.16. Where a voting or co-opted member is absent from three consecutive meetings of the Board of Governors, or for six months consecutively, whichever is the greater period, the Secretary shall report the matter at the next meeting. Unless the Board of Governors is satisfied that his or her failure to attend was occasioned by illness or other unavoidable cause, the member shall be considered to have resigned his/her membership and shall cease to be a member.

2.17. A member, other than the principal or elected teacher governor, ceases to be a member of the Board of Governors when he/she

subsequently becomes an employee of any school for which the Board of Governors is appointed,
is subsequently convicted of an offence and sentenced by a court; or
subsequently becomes bankrupt or is the subject of a Bankruptcy Restrictions Order.

Vacancies

2.18. When a vacancy occurs among the members, the chairperson or the school principal should notify the relevant appointing authority promptly and initiate arrangements to fill it as soon as practicable.

2.19. The proceedings of a Board of Governors are not invalidated by any vacancy among its members or by any defect in the appointment, election or nomination of any member. Nevertheless, it is important for the effective operation of business that all vacancies are filled promptly and that sufficient members attend meetings to make up the quorum specified in the scheme of management for the school.

2.20. Where there are one or more vacancies for elected parent governors at any grant aided school and the number of parents standing for election is less than the number of vacancies, the required number of parent governors should be made up by persons appointed by the other voting members of the Board of Governors. Where it is reasonably practical to do so, the person appointed should be the parent of a registered pupil at the school. These persons are then regarded as the elected parent governor(s).

2.21. Where in the opinion of the ELB it is likely to be impractical for there to be elections of parent governors to a school established in a hospital, the required number of parent governors may be made up by persons appointed by the other voting members of the Board of Governors. Where it is reasonably practical to do so, the persons appointed should be the parent of a registered pupil at the school. These persons are then regarded as the elected parent governor(s).

Membership categories

2.22. With a few exceptions, the school’s Board of Governors is normally made up of members who represent the interests of

those who originally founded the school, in other words foundation governors;
those who fund the education system. These governors are appointed by the education and library boards and/or DE to represent the public or tax payer’s interest, in other words ELB and DE governors;
parents of registered pupils at the school, in other words parent governors; and
teachers on the staff of the school, in other words teacher governors.

2.23. The size of the Board of Governors can range from 8 to 36 members. The exact membership composition for each type of school is laid down in legislation and in the scheme of management for the school; a summary membership table is included at the end of this chapter.

Foundation governors

2.24. The four main Churches (the Catholic Church, the Presbyterian Church, the Church of Ireland and the Methodist Church) and a few other interests established the first non fee paying elementary schools. These schools continue to provide primary education within our school system.

2.25. The foundation governors of publicly owned, in other words controlled primary and secondary schools, are nominated mainly by the Protestant Churches or their representatives. They are called 'transferors' representatives because the Protestant Churches and a few other interests transferred their elementary schools into a system of management/partnership with the local education authority under the Education Act (NI) 1923.

2.26. The foundation governors of privately owned, in other words voluntary maintained primary and secondary schools, are nominated by the legal owners of the school premises and are called the 'trustee' representatives. For example, the Catholic Church retains all Catholic maintained schools in private voluntary ownership.

2.27. There are no foundation governors for publicly owned nursery, grammar and special schools because these schools were established by the public education service through public funds as the need arose.

2.28. The voluntary grammar schools were established by individual and Church benefactors including some Religious Orders to provide access to schooling on a fee paying basis that could lead to higher education. They were set up at various stages during the last three centuries under various Acts of Parliament including Royal Charters. They are registered as Charitable organisations and a few are registered as companies. The arrangements for the selection of the foundation governors in voluntary grammar schools can reflect provisions in the school’s original instrument of government.

2.29. During the last three decades, new integrated schools have been set up privately by supporters of educating Catholic and Protestant pupils together. The foundation governors reflect ownership interests and the ethos of the school. Existing publicly and privately owned schools can transform to integrated status. The NI Council for Integrated Education is a voluntary organisation which supports the development of integrated education.

2.30. Recent years have also seen the development of Irish Medium Schools which provide education through the medium of Irish. These schools can be set up as publicly or privately owned schools. The foundation governors reflect ownership interests and the ethos of the school. Comhairle na Gaelscolaíochta, a voluntary organisation, supports the development of Irish medium education.

ELB and DE governors

2.31. The five ELBs and DE recruit and appoint a proportion of the governors of the schools which they are each responsible for funding. Applications from all sections of the general public are welcome.

Parent governors

2.32. Parents of registered pupils at the school are eligible to stand for election as a parent governor at the school or to vote in that election process. They must have a child attending the school at the time of election. They can complete their term of office even if their child leaves the school in the meantime. A 'Parent' is defined in legislation as a guardian and every person who has the actual custody of the child or young person.

Teacher governors

2.33. Teachers on the permanent staff of the school are eligible to stand for election as a teacher governor at the school or to vote in the election process. If resigning from the staff of the school, the teacher must also resign from the Board of Governors.

Principal

2.34. The principal is a non-voting member and an ex-officio governor because it is considered that to be a voting member would compromise his/her position as the Head professional adviser to the Board of Governors. The principal is entitled to attend all meetings of the Board of Governors except where his/her performance, employment or salary is under discussion. The principal may act as Honorary Secretary to the school Board.

Membership of school Boards of Governors by governor category

Controlled schools in public ownership	Number of governors	Foundation governors	ELB and DE governors	Parent governors	Teacher governors
Primary and secondary	9, 16 or 24	4/9ths or 3/8ths transferors	2/9ths or 2/8ths	2/9ths or 2/8ths	1/9th or 1/8th
Integrated primary and secondary	14 or 21	1/7th transferors and 1/7th trustees	2/7ths	2/7ths	1/7th
Nursery, grammar and special	8,16 or 24	None	5/8ths	2/8ths	1/8th
Integrated grammar	14 or 21	None	4/7ths	2/7ths	1/7th

Schools in private ownership	Number of Governors	Foundation governors (trustees)	ELB and DE governors	Parent governors	Teacher governors
Primary and secondary (voluntary maintained 100 percent capital grant)	9,18 or 27	4/9ths Must include 1 parent	3/9ths	1/9th	1/9th
Primary and secondary (voluntary maintained 85 percent capital grant)	10, 18 or 27	3/5ths or 5/9ths Must include 1 parent	1/5th or 2/9ths	1/10th or 1/9th	1/10th or 1/9th
Primary and secondary (grant maintained integrated 100 percent capital grant)	16 or 24	3/8ths	2/8ths	2/8ths	1/8th
Voluntary grammar (100 percent capital grant)	9, 18, 27 or 36	4/9ths Must include 1 parent	3/9ths	1/9th	1/9th
Voluntary grammar (85 percent capital grant)	10, 18, 27 or 36	3/5ths or 5/9ths Must include 1 parent	1/5th or 2/9ths	1/10th or 1/9th	1/10th or 1/9th
Voluntary grammar (no capital grant)	13 or fewer 14 or more	Not regulated but must include 1 parent	None None	1 2	1 2

Notes:

The principal is additional to the membership shown above.
Co-opted governors are additional to the membership shown above.

The law

The Education Act (NI) 1923

The Education and Libraries (NI) Order 1986 – Article 10
(Management of controlled schools)

The Education and Libraries (NI) Order 1986 – Article 11
(Management of voluntary schools)

The Education and Libraries (NI) Order 1986 – Article 12
(Limitation on membership of Boards of Governors)
as amended by Article 37 of the 1993 Order.

The Education and Libraries (NI) Order 1986 – Article 13
(Miscellaneous provisions relating to Boards of Governors)

The Education and Libraries (NI) Order 1986 – Schedule 4
(Membership of Board of Governors of controlled schools)

The Education and Libraries (NI) Order 1986 – Schedule 5
(Membership of Board of Governors of maintained school)

The Education and Libraries (NI) Order 1986 – Schedule 6
(Membership of Board of Governors of voluntary grammar school entering into agreement with the Department or Board)

The Education and Libraries (NI) Order 1986 – Schedule 7
(Membership of Board of Governors of voluntary grammar school not entering into agreement with Department or Board)

The Education and Libraries (NI) Order 1993 – Article 37
(Limitation on membership of Boards of Governors)

The Education and Libraries (NI) Order 2003 – Article 23
(Removal of members of Boards of Governors)

The Education Reform (NI) Order 1989 – Article 89
(Constitution of Boards of Governors for controlled integrated schools)

The Education Reform (NI) Order 1989 – Article 122
(Co-option of persons to Boards of Governors of grant-aided schools)

The Education Reform (NI) Order 1989 – Article 123
(Schemes of Management)

The Education Reform (NI) Order 1989 – Schedule 5
(Membership of Boards of Governors of grant maintained integrated schools)

Protection of Children and Vulnerable Adults (POCVA) Order 2003

Safeguarding Vulnerable Groups (NI) Order 2007

Guidance

DE Circular 1999/10 – Pastoral care in Schools – Child Protection
http://www.deni.gov.uk/dc1999-10circular-3.pdf PDF 27 KB

DE Circular 2006/06 - Child protection: Recruitment of people to work with children and young people in educational settings
http://www.deni.gov.uk/circular_2006_06.pdf PDF 122 KB

DE Circular 2006/25 – Child Protection: Vetting of school Governors
http://www.deni.gov.uk/vetting-of-school-govs-2006-25.pdf PDF 41 KB

DE Circular 2008/03 – Child Protection: Pre-employment checking of Persons to work in Schools – new arrangements
http://www.deni.gov.uk/cp_circular_-_pre-employment_checks.pdf PDF 38 KB