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Education Act 1980

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This is the original version (as it was originally enacted).

2Requirements as to governing bodies

(1)The instrument of government made for a county or voluntary school or for a special school maintained by a local education authority shall contain provisions complying with subsections (2) to (8) below.

(2)The governing body of every such school as is mentioned in subsection (1) above shall include governors appointed by the local education authority by whom it is maintained.

(3)The governing body of a county primary school or voluntary primary school serving an area in which there is a minor authority shall include at least one governor appointed by that authority.

(4)The governing body of a voluntary school shall include foundation governors and—

(a)in the case of a controlled school, at least one-fifth of the members of the governing body shall be foundation governors;

(b)in the case of an aided or special agreement school—

(i)the foundation governors shall outnumber the other members of the governing body by two if that body has eighteen or fewer members and by three if it has more;

(ii)at least one of the foundation governors shall at the time of his appointment be a parent of a registered pupil at the school.

(5)The governing body of a county or controlled school shall include at least two parent governors, that is to say persons who are elected by parents of registered pupils at the school and who are themselves such parents at the time when they are elected; and the governing body of an aided or special agreement school shall include at least one parent governor.

(6)Subsection (5) above shall apply to a special school maintained by a local education authority as it applies to a county or controlled school except that if the school is established in a hospital and it appears to the authority to be impracticable for the governing body to include parent governors it shall include at least two governors who are parents of children of compulsory school age.

(7)The governing body of a county or voluntary school or of a special school maintained by a local education authority shall, if the school has less than three hundred registered pupils, include at least one, and in any other case, at least two teacher governors, that is to say persons who are elected by teachers at the school and who are themselves such teachers at the time when they are elected.

(8)The head teacher of a county or voluntary school or of a special school maintained by a local education authority shall,

unless he elects otherwise, be a governor of the school by virtue of his office and shall in any event be treated as a member of the governing body for the purposes of subsection (4) above.

(9)It shall be for the local education authority, in the case of a county or controlled school or of a special school maintained by the authority, and for the governors, in the case of an aided or special agreement school—

(a)to determine any question whether, for the purposes of an election of parent governors or teacher governors, a person is a parent of a registered pupil at the school or a teacher at the school; and

(b)to make all necessary arrangements for, and to deter mine all other matters relating to, any such election (including such matters as qualifying dates and any minimum number of votes required to be cast) but so that any contested election is held by secret ballot

(10)Nothing in this section shall be construed as preventing the inclusion in the governing body of any school of governors additional to those required by this section.

(11)This section applies to an instrument of government made for a school only if—

(a)the instrument is made after the coming into force of this section; or

(b)an order is made by the Secretary of State applying this section to the school or to schools of a class or description to which the school belongs.

(12)Sections 18 and 19 of the Education Act 1944 (composition of governing bodies of county and voluntary schools) and so much of section 2(2) of the Education (No. 2) Act 1968 as enables the local education authority to determine the size and composition of the governing body of a special school shall not apply to any school in relation to which this section applies.

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