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The responsibilities of the Board of Management of a Community School are detailed in the Deed of Trust, First Schedule-Instrument of Management and Second Schedule-Articles of Management. These responsibilities are further modified and/or enhanced by the Education Act, 1998 and subsequent legislation.
The following is a summary of the main responsibilities of the Board, but it is advisable to refer to the Deed of Trust and to relevant legislation for full details. It is important to note that, in the event of any conflict, legislative requirements will take precedence over the Deed of Trust.
General Responsibilities
The Board is responsible for the government and direction of the School, subject to the provisions of the First and Second Schedule of the Deed of Trust and the provisions of the Education Act, 1998, and in accordance with the stated purpose of the School which is to provide a comprehensive system of post-primary education open to all the children of the Community, combining instruction in academic and practical subjects and on-going education for persons living in the area served by the school, and generally for contributing towards the spiritual, moral, mental and physical well-being and development of the said Community.
Specific Responsibilities - Deed of Trust
In accordance with the provisions of the Second Schedule-Articles of Management, the Board has specific responsibility for the following.
a) The Finances of the School.
b) Premises and Equipment.
c) Selection and Appointment of Staff.
d) Organisation and Curriculum.
e) Returns and Reports to the Minister.
2.10.3 Specific Responsibilities and Rights - Education Act, 1998.
The provisions of the Education Act, 1998 specify, inter alia, the rights and responsibilities of School Boards, including the following.
a) A Board ... shall fulfil in respect of the school the functions assigned to that school by the Act, and ... each Board shall be a body corporate with perpetual succession and power to sue and may be sued in its corporate name.
b) No action shall lie against a member of a Board in respect of anything done by that member in good faith and in pursuance of the Act or any regulations made by the Minister under the Act.
c) The Board shall publish the policy of the school concerning admission to and participation in the school, including the policy of the school relating to the expulsion and suspension of students.The Board shall also publish its policy concerning the admission to, and participation in the school by students with disabilities or who have other special educational needs, and shall ensure that, as regards that policy, principles of equality and the right of parents to send their children to a school of the parents’ choice are respected.The Board should be aware that all of its decisions in relation to the admission of pupils to the school, and the suspension or expulsion of pupils from the school are subject to appeal to the Secretary General of the Department of Education and Science in accordance with Section 29 of the Education Act (DES CL M 48/01)
d) The Board shall make arrangements for the preparation of a School Plan, shall ensure that the plan is regularly reviewed and updated and shall make arrangements for the circulation of copies of the Plan to the trustees, parents, teachers and other staff of the School. The development of a School Plan should involve the collaborative effort of all the school partners. While the leadership role of the Principal is central to the process of school development planning, the involvement of the entire in-school management team, the Board of Management and the Trustees is most important in the management and co-ordination of the process.
e) The Board shall establish procedures for informing the parents of students in the school of matters relating to the operation and performance of the school. This may include an annual report on the achievement of objectives as set out in the School Plan
f) The Board must be cognisant of the curriculum for recognised schools as may be prescribed by the Minister for Education and Science from time to time. The Board will need to be aware of the prescribed subjects, the syllabus for each subject, the amount of instruction time to be allotted to each subject and the guidance and counselling provision to be offered within the school.
g) The Board must also be cognisant of the role of the Inspectorate of the Department of Education and Science as set out in the Education Act, 1998, Part 111. In particular, the Board should be aware that the role of the Inspectorate, in advising and supporting schools and teachers on matters relating to the provision of education, includes the functions outlined in the following paragraphs.
The Inspectorate may visit schools, evaluate the organisation and operation of the schools, including the quality and effectiveness of individual teachers, evaluate the provision of special educational needs, assess the implementation of regulations made by the Minister and report to the Minister or to the Board of Management, parents of students and teachers as appropriate.
In addition, the Inspectorate may conduct assessments of the educational needs of students, advise teachers and Boards in respect of the performance of their duties and, in particular, assist teachers in employing improved methods of teaching and conducting classes. They may also advise parents and parents associations.
h) The Board should also be aware of the role of the National Educational Psychological Service Agency which was formally established as an administrative agency of the Department of Education and Science on 1st September, 1999. This agency is dedicated to the delivery of a psychological service to schools and other recognised educational institutions.
The role of psychologists or of others with equivalent/similar qualifications is set out in the Education Act, 1998. In particular, this role includes the following functions:
Specific Responsibilities - The Education (Welfare) Act 2000
This Act concerns itself particularly with school attendance. It raises the school leaving age to 16 years. It imposes duties and obligations on parents and pupils to ensure that every child in the State attends a recognised school or otherwise receives an appropriate education.The legislation has provided for the establishment of the National Educational Welfare Board (NEWB) to support schools and parents in fulfilling their duties under the Act. Boards of Management are obliged to implement any guidelines or instructions issued by the NEWB.
Specific Responsibilities - Further Legislation
Board of Management members should be familiar with other relevant legislation which will arise from time to time in the course of their work – for example: