The School Government (Terms of Reference)(Wales) Regulations 2000

• Citation: S.I. 2000/3027 (W.)
• Sections: 9

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the School Government (Terms of Reference) (Wales) Regulations 2000 and shall come into force on 1st January 2001.

(2) These Regulations apply only in relation to Wales.

Section 2 Interpretation

(1) In these Regulations —

“school year” (“ blwyddyn ysgol ”) means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July.

(2) In these Regulations, unless the context otherwise requires, references to —

(a) a governing body are references to the governing body of a community, foundation, or voluntary school or a community or foundation special school; and

(b) a head teacher are references to the head teacher of a community, foundation, or voluntary school, or a community or foundation special school.

Section 3 Terms of reference

(1) In this regulation the term “governing body” shall include the temporary governing body of a new school.

(2) In exercising their functions, the governing body shall have as terms of reference the principles set out below in this regulation.

(3) The governing body shall act with integrity, objectivity and honesty and in the best interests of the school.

(4) The governing body shall be open about the decisions and actions they take and in particular shall be prepared to explain their decisions and actions to interested persons.

(5) Nothing in paragraph (4) shall be construed so as to require the governing body to disclose material relating to —

(a) a named teacher or other person employed or engaged, or proposed to be employed or engaged, at the school; or

(b) a named pupil at, or candidate for admission to, the school; or

(c) any matter which by reason of its nature, the governing body or a committee of the governing body are satisfied should remain confidential.

Section 4 Duty to promote equal opportunities and good relations

(1) In this regulation the term “governing body” shall include the temporary governing body of a new school.

(2) It shall be the duty of the governing body and head teacher to exercise their respective functions with due regard to the need —

(a) to eliminate unlawful discrimination on grounds of race or sex; and

(b) to promote equal opportunities and good relations —

(i) between persons of different racial groups, and

(ii) between males and females.

(3) Nothing in paragraph (2) shall prevent the governing body or head teacher from taking proper measures to preserve the religious character of the school.

(4) This regulation is without prejudice to any legislative provision requiring or permitting the governing body or head teacher to act in a way which, apart from that provision, would constitute unlawful discrimination.

Section 5 The role of the governing body

(1) The governing body shall exercise their functions with a view to fulfilling a broadly strategic role in the running of the school.

(2) The governing body shall establish a strategic framework for the school by —

(a) setting aims and objectives for the school;

(b) setting policies for the school for achieving the aims and objectives;

(c) setting targets for achieving the aims and objectives.

(3) The governing body shall monitor and evaluate progress in the school towards achievement of the aims and objectives set and shall regularly review the strategic framework for the school in the light of that progress.

(4) In exercising the functions in paragraphs (2) and (3) above, the governing body shall —

(a) consider any advice given by the head teacher under regulation 6(2) below, and

(b) (subject to any other statutory provision) comply with any trust deed relating to the school.

(5) The governing body shall act as “critical friend” to the head teacher, that is to say, they shall support the head teacher in the performance of the functions of the post and give the head teacher constructive criticism where necessary.

Section 6 The role of the head teacher

(1) The head teacher shall be responsible for the internal organisation, management and control of the school, and the implementation of the strategic framework established by the governing body.

(2) The head teacher shall advise the governing body on the establishment and review of the strategic framework, and in particular shall formulate;

(a) aims and objectives for the school;

(b) policies for the school for achieving the aims and objectives set by the governing body; and

(c) targets for the achievement of those aims and objectives,

which may be adopted (with or without modifications) or rejected by the governing body.

(3) The head teacher shall report at least once every school year to the governing body on the progress made towards achieving the aims and objectives set and in particular towards meeting specific targets set.

Section 7 Delegation of the governing body’s functions

In deciding whether or how to exercise any power to delegate their functions, including the general power in Regulation 41 of the Education (School Government) (Wales) Regulations 1999 the governing body shall have regard to—

(a) the requirement in regulation 5 above that they should exercise their functions with a view to fulfilling a broadly strategic role in the running of the school; and

(b) the responsibility of the head teacher for the internal organisation, management and control of the school.

Section 8 Delegation of the governing body’s functions

The head teacher shall comply with any reasonable direction of the governing body in performing any functions delegated to him or her by the governing body.

Section 9 The school curriculum policy

(1) The head teacher shall formulate a policy for the secular curriculum of the school (“the curriculum policy”) for adoption by the governing body (with or without modifications).

(2) The head teacher shall review the curriculum policy every school year and shall formulate changes to the curriculum policy for adoption by the governing body (with or without modifications).

(3) The head teacher shall implement the curriculum policy as adopted by the governing body.

(4) The governing body shall —

(a) consider and, if they see fit, adopt the curriculum policy (with or without modifications), or remit it to the head teacher for reformulation;

(b) monitor, evaluate and review the implementation of the curriculum policy; and

(c) consider and, if they see fit, adopt any changes to the curriculum policy proposed by the head teacher (with or without modifications).