2. Responsibilities of the Board of Management
Last updated: Sun, Sep 18th, 2016 8:05:46 pm
2.1 The Board of Management is responsible for the governance and direction of the school, the use of school resources and the management of budgetary allocations made to the school by the Minister. To discharge its duty in this regard, the Board should ensure that there is an adequate system of control, delegation and accountability in place to ensure the smooth and efficient operation of school services and school administration. While the Board may delegate many of its responsibilities to the Principal and in some circumstances to sub committees of the Board, it must remain aware of its responsibilities and of its accountability to the Minister. Sub committees should be assigned very specific duties, terms of reference and reporting guidelines.
2.2 The Board of Management is responsible for ensuring that the school maintains such records and registers as are prescribed from time to time. These include minutes of Board meetings, attendance at Board meetings, accounting records, asset register, staff attendance, pupil attendance records and superannuation files.
2.3 The Board must decide the nature and extent of financial and other information required in order to discharge its functions. At a minimum, the Board must receive separate financial reports at each meeting for the School Fund and other activities outlining receipts and expenditure for period and year to date, projected receipts and expenditure for year, calculation of surplus/deficit at year end and recommendations regarding corrective action where necessary, a list of reconciled bank balances at a recent date.
2.4 The Board of Management is responsible for ensuring as far as reasonably practicable, the safety and health at work of their employees and the safety of those who are in any way affected by the work activities of the school. The Board of Management is responsible for the maintenance, condition andstate of repair of the school premises.
The Board must take reasonable measures to secure the safety of pupils, school staff and visitors to the school and must establish such procedures as are necessary to ensure that potential hazards are identified and rectified as soon as possible.
The "Guidelines on Managing Safety and Health in Post-Primary Schools" set out the Board of Management’s responsibility in maintaining a safe and healthy school environment. This guidance also provides practical advice and tools to assist schools in planning, organising and managing a safe and healthy school environment.
2.5 The Board of Management shall make available such reports, returns and other information to the Minister as s/he may require from time to time.
2.6 Minutes of Board meetings should include particulars of all formal proposals brought before the Board for decision. One copy of these minutes should be forwarded to Schools Financial Section, Department of Education and Skills, Cornamaddy, Athlone, Co. Westmeath, N37 X659. 6
2.7 On appointment, new Board members should be apprised of their obligations and responsibilities as set out in the First and Second Schedules to the Model Lease for Community Schools or the lease actually executed in the case of the individual community school as appropriate or otherwise set out by the Department. In particular, Board members are reminded, inter alia, that:
Board members shall adhere to the requirements as set out in the First Schedule – Instrument of Management in relation to not having a financial interest in the school.
Board proceedings are confidential and no disclosure may be made without the authority of the Board.
Disclosures are usually delegated to the Board Chairperson or the Secretary to the Board as appropriate.
2.8 The Deed of Trust outlines the extent of the general indemnity, which the State provides to Boards of Management - Section 25 also refers. A Board is fully indemnified from any claims arising in connection with the carrying out of its duties in the normal way and in circumstances, which do not disclose a default or wrongful act on the part of the board.
Similarly, teaching and non teaching staff carrying out their duties in accordance with the instructions of the Board of Management as conveyed to them in the normal way are also fully indemnified. The general indemnity does not extend to individual board members acting in a personal capacity.
2.9 Where an individual Board member has concerns regarding aspects of a school's affairs, it is incumbent upon that member to bring them before the Board in an appropriate manner. In circumstances where it can be shown that a member has acted in good faith; has made a full disclosure of the facts to the Board, in so far as these are known to him/her at the time; it is reasonable to assume that the member has then discharged his/her responsibility and the concerns are now the responsibility of the Board.
2.10 Board of Management members should avoid conflicts of interest. Where a situation arises in which a board member feels that his/her objectivity or independence in relation to a matter currently before the board is/could be impaired, immediate steps should be taken to make a full disclosure of the circumstances to the board and the member concerned should not take any further part in Board’s deliberations in relation to the matter in question. Board members also should take care to ensure that they are seen to be acting independently and without personal interest in decisions made by the Board.
2.11 The Board is not permitted to instigate court proceedings without written approval from the Department.
The Department must be informed if the Board is joined in any court proceedings. The Secretary of the Board of Management should contact the ACCS for support in this regard. The State Claims Agency (SCA) should also be informed if the Board is joined in any court proceedings relating to personal injury or third party property damage claims. See Appendix 14 for further details of claims managed by the SCA.
2.12 The Board and the Patrons
It is the duty of the Board to manage the school on behalf of the Patrons. In carrying out this duty the board is obliged to consult with and keep the Patrons informed of decisions and proposals of the board. The Board is also accountable to the Patrons for upholding the schools characteristic spirit and the Board must publish, in such manner as the Patrons considers appropriate, the schools admission policy. Patrons have a specific role in appointing the Board of Management nominating members to interview boards.
It is essential, therefore that arrangements are in place to ensure that the Patron is appropriately consulted in relation to Board matters and that any information required for the Patrons role is made available to the Patron by the board.
Examples of information that must be supplied to the Patron include the Admission Policy, School Plan, Child Protection Policy, Code of Behaviour/Anti-Bullying Policy and any major building or refurbishment proposals envisaged at the school.
2.13 The Board as Employer
Under Section 24 of the Education Act, 1998 (as amended by the Education (Amendment) Act, 2012) the Board the Board of Management is the employer of teachers and other staff of the School. The Board’s role as an employer includes responsibility for the recruitment and dismissal of teachers and other staff within the school, subject to relevant Department circulars and employment legislation.
Teachers and other staff proposed for appointment to the school will be remunerated by the Department of Education and Skills in accordance with the numbers and levels approved by the Department for such staff. It is the responsibility of the Board to ensure that staff are appointed to posts in accordance with the relevant procedures and requirements outlined in Department’s Circulars and in other agreements between the Unions and Management Bodies.
Issues with teacher performance and conduct are addressed under agreements reached under Section 24(3) of the Education Act, 1998. Procedures in relation to professional competence issues and general disciplinary matters are set out in Circular 60/2009.
Enquiries in relation to terms and conditions of employment or appointment procedures for Teachers and Special Need Assistants (SNA’s) may be sent to:
teachersna@education.gov.ie
General information regarding employers’ responsibilities is contained on www.workplacerelations.ie
2.14 School Policies
The Board has overall responsibility for school policies. Therefore, there are a range of different school policies that Boards will, from time to time, be involved in developing, implementing and reviewing as appropriate. Examples include the Admission (enrolment) Policy, Child Protection Policy, Code of Behaviour/Anti-Bullying Policy, Complaints Procedures, School Attendance Strategy, Health and Safety Statement etc.
The extent to which a new Board will need to consider any particular school policy will depend on the circumstances of the school in question. However, each Board must ensure that the appropriate and necessary school policies are in place as required.
Further information on the key policy areas of Child Protection and the Code of Behaviour/Anti-Bullying Policy is set out below.
2.15 Child Protection
Child protection and welfare considerations are relevant to all aspects of school life and the Board must ensure that such considerations are taken into account in all of the school's policies, practices and activities. In particular, the Board must be familiar with and ensure that the Child Protection Procedures for Primary and Post Primary Schools (issued under Circular 65/2011) are fully implemented by the school. This includes ensuring that:
the Board has ratified a Child Protection Policy for the school,
a copy of the school’s Child Protection Policy which includes the names of the Designated Liaison Person (DLP) and Deputy DLP is available to all school personnel and the Parents’ Association and is readily accessible to parents on request,
the name of the DLP is displayed in a prominent position near the main entrance to the school,
child protection matters are reported appropriately to the Board in accordance with the procedures,
an annual review of the Child Protection Policy and its implementation is undertaken by the Board.
The Child Protection Procedures for Primary and Post Primary Schools are available on the Department’s website at www.education.ie
A Child Protection Policy template is also available on the Department’s website.
The Children First National Guidelines for the Protection and welfare of Children are available on the Department of Children and Youth Affairs’ website
Important Note regarding proposed Children First legislation relevant to schools and teachers.
At the time of publication of these Guidelines, the Department’s requirements in relation to child protection are set out in the Child Protection Procedures for Primary and Post Primary Schools and are based on Children First National Guidance for the Protection and Welfare of Children (2011).
The Children First Act, 2015, will put elements of the Children First: National Guidance for the Protection and Welfare of Children (2011) on a statutory footing.
A requirement on organisations providing services to children to keep children safe and to produce a Child Safeguarding Statement;
A requirement on defined categories of persons (who are referred to as "mandated persons" and which include all registered teachers) to report child protection concerns over a defined threshold to the Child and Family Agency(the Agency);
A requirement on mandated persons to assist the Agency in the assessment of a child protection risk arising from a mandated report under the Act, if so requested to do so by the Agency;
Putting the Children First Interdepartmental Group on a statutory footing.
It is envisaged that the Department of Children and Youth Affairs will review and publish updated Children First Guidance on foot of the above legislation and other recent legislation relevant to child protection. This will also trigger some changes to the existing Child Protection Procedures for Primary and Post-Primary Schools. The Department of Education and Skills will, in due course, consult with the relevant education partners in this regard. It is therefore important to check the Department website for the up to date position regarding same.
2.16 Code of Behaviour /Anti-Bullying Policy
The Board must ensure that the school meets its obligations under the Education (Welfare) Act, 2000 to have in place a Code of Behaviour that has been drawn up in accordance with the guidelines of TUSLA/ Child and Family Agency http://www.tusla.ie
The Board must also ensure that the school has an Anti-Bullying Policy that fully complies with the requirements of the Department’s Anti-Bullying Procedures for Primary and Post-Primary Schools issued under Circular 0045/2013
A template Anti-Bullying Policy which must be used by all schools for this purpose is provided in Appendix 1 of the procedures.
The Anti-Bullying Procedures for Primary and Post-Primary Schools and associated Circular 0045/2013 apply to all recognised primary and Post Primary schools. The procedures are designed to give direction and guidance to the Board and to school personnel in preventing and tackling school-based bullying behaviour amongst its pupils. The Board and school personnel are required to adhere to these procedures in dealing with allegations and incidents of bullying.
The Board must ensure that the school’s Anti-Bullying Policy is made available to school personnel, published on the school website (or where none exists, be otherwise readily accessible to parents and pupils on request) and provided to the Parents’ Association (where one exists).
The procedures also include oversight arrangements which require that, at least once in every school term, the Principal will provide a report to the Board of Management in relation to the numbers of bullying cases reported to him or her and confirmation that all of these cases have been, or are being, dealt with in accordance with the school’s Anti-Bullying Policy and the Anti-Bullying Procedures for Primary and Post-Primary schools.
The oversight arrangements also require that the Board must undertake an annual review of the school’s Anti-Bullying Policy and its implementation by the school. Written notification that the review has been completed must be made available to school personnel, published on the school website (or where none exists, be otherwise readily accessible to parents and pupils on request) and provided to the Parents’ Association (where one exists).
See Appendix 4, Circular 45/2013
2.17 Management of Resources
Section 15 of the Education Act, 1998 requires the Board of Management, in carrying out its functions, to have regard to the efficient use of resources and, in particular, to the efficient use of State funds. Boards therefore have a statutory duty to ensure that appropriate systemsand procedures are in place to ensure school resources (including grants, staffing and otherresources) are managed appropriately and efficiently and in a manner that provides for appropriate accountability to the relevant parties.
The Board should also be fully aware of and actively involved in the oversight of the school’s applications for all resources. The approval of joint Patrons is also required in respect of applications for building projects.
P-Pod is a central database of Post-Primary student and some school data, which is hosted by the Department. All Post-Primary Schools can access P-Pod via the Departments secure esinet portal to maintain their students data. From October 2014, all Post-Primary schools were required to make their annual return of students known as the October returns via P-Pod. The October returns data is then used in the allocation of Teaching posts and funding to Post-Primary Schools.
All Post-Primary school authorities are required to submit a completed Certificate of Management Authority/Principal for the specific school year in question to the Department as part of their submission of their October returns. This includes a declaration by the school Principal that the pupil information supplied on the schools October returns, as generated from P-Pod is complete and accurate in respect of enrolment as at 30th September.
Boards of Management and Principal teachers are reminded about the importance of ensuring the accuracy of enrolment returns to the Department. They have a responsibility to immediately notify the Department of any error or irregularity in their enrolment returns. The Department’s standard policy for cases that involve any deliberate overstatement of enrolments is to refer them to An Garda Síochána.
2.18 School Leadership
The quality of school leadership in a school is central to setting direction in the school and achieving the best educational outcomes for pupils. Good leadership increases the overall effectiveness of the school generally but is particularly important in the context of the effective delivery of the curriculum, policy development and implementation, school self-evaluation and the creation of a positive school culture and climate for all pupils and staff.
Boards of Management must be cognisant of the importance of encouraging and facilitating the Principal and Deputy Principal and others in developing and effectively exercising this leadership role in the school.
The Department has made considerable investment to build the professional competence of school leaders through its support services and more recently through the decision to establish a Centre for School Leadership. The Centre’s responsibilities will cover the range of leadership development for school leaders, from pre-appointment training and induction of newly appointed Principals to continuing professional development throughout their careers.
2.19 School Planning
Under the Education Act, 1998 it is the responsibility of the Board to arrange for the preparation of a School Plan, and to ensure that it is regularly reviewed and updated. The School Plan sets out the educational philosophy of the school, its aims and how it proposes to achieve them. Pupil learning needs are at the centre of all planning, and the focus of the school plan should be the teaching and learning that takes place in the school.
The School Plan is not a static document. It evolves in the light of the changing and developing needs of the school community. It must be regularly reviewed and updated. One of the first tasks of any newly appointed Board will therefore be to give careful consideration to the School Plan. The School Plan serves as a basis for the work of the school as a whole and for evaluating and reporting on whole school progress and development.
2.20 Self-Evaluation/Teaching and Learning
Under the Education Act, 1998 a school is required to establish and maintain systems whereby the efficiency and effectiveness of its operations can be assessed. Effective Boards are keenly aware that self-evaluation is central to school improvement and will ensure ongoing evaluation and review of both the overall effectiveness and efficiency of the school and of the Board itself.
The Act places a statutory duty on the Board to ensure that an appropriate education is provided to all of the school’s pupils. In order to effectively carry out this duty, appropriate and regular oversight by the Board of the teaching and learning in the school should be in place.
Furthermore, the Board, from an oversight and governance perspective, can and should play a key role in improving standards in the school. For example, effective Boards will be actively involved in ensuring that appropriate targets are set for improving learning outcomes, particularly in literacy and numeracy, and in monitoring how well these targets are being achieved as part of the school’s self-evaluation process.
The Department issued Circular 40/2016, which outlines the requirements in relation to School Self-Evaluation of teaching and learning. A dedicated website www.schoolself-evaluation.ie also provides up-to-date information about school self-evaluation and contains materials and resources to support schools as they engage in the process.
The Board should ensure that a School Self-Evaluation Report and School Improvement Plan are prepared each year and that a summary of the School’s Self-Evaluation Report and School Improvement Plan are provided to the whole school community annually.
The Board is strongly advised to complete a legislative and regulatory checklist and to provide this to the school community annually to evaluate the extent to which the school is adhering to its obligations.
The focus of the Board’s considerations in relation to teaching and learning must be on ensuring the best possible outcomes for the school’s pupils. It is important to ensure that any such discussions do not breach pupil confidentiality. Likewise, information provided to the Board for this purpose should be in a format that does not breach pupil confidentiality (e.g. information aggregated by class or group, as appropriate)
2.21 Training for Boards
Board members are strongly advised to access relevant training to assist them in carrying out their role. In this regard, Boards should contact the ACCS for information in relation to available training or for advice and guidance in relation to Board matters.
The modules currently covered by such training are as follows:
The Board as a Corporate Entity – Function, Roles and the Board in action
Procedures governing the appointment of staff in schools
Board finances
Legal issues - policies and procedures arising from legislation, guidelines and circulars
Child Protection Procedures
Anti-Bullying Procedures
Data Protection
Given the importance of training in the effective operation of a Board of Management, it is recommended that Board of Management meetings are used to regularly discuss the training needs of Board members and available training resources. It is the responsibility of each Board member to ensure that he or she avails of any Board of Management training that is made available.
The school Principal and the Chairperson of the Board will normally be the main source of information for other Board members in relation to general information and in relation to queries regarding Board matters. Board members will also find that the websites of the ACCS and the Department are a useful source of general information.
If such general information is not available on the relevant websites then the Board member may seek it from the ACCS or the Department.
2.22 Freedom of Information Acts
A Board of Management established under Section 14 of the Education Act, 1998 other than a Board of Management of a school established or maintained by an Education and Training Board is currently exempt under the Freedom of Information Acts. However, Boards of Management should note that records forwarded to a public body may be subject to the Provisions of the Freedom of Information Acts.
2.23 Taxation
The Board must ensure that the school is in compliance with taxation laws and ensure that all tax liabilities are paid on or before the relevant date due. See Circular 0051/2013
2.24 Remuneration
The Board of Management is reminded that Government pay policy (including procedures and Systems in relation to travel and subsistence) must be implemented, as expressed from time to time in relation to Board members and staff and that the arrangements authorised from time to time cover total remuneration.
The Department should be consulted in good time on any matters which could have significant implications for general Government pay policy.
Compliance with Government pay policy or with any particular Government decision should not be effected in ways which cut across public service standards integrity or conduct, or involve unacceptable practices which result in a loss of tax revenue to the exchequer.
The Board is not empowered in any circumstances to award additional payments (e.g. "top up payments", Honoria) to any member of Teaching and non Teaching staff or to any member of the board.