Part 3Further provisions about maintained schools

Foundation, voluntary and foundation special schools

I134Parent councils for certain foundation or foundation special schools

After section 23 of EA 2002 insert—

23AParent councils

1

A school is for the purposes of this section a “qualifying school” if—

a

it is a foundation or foundation special school in England,

b

it has a foundation established otherwise than under the School Standards and Framework Act 1998, and

c

the instrument of government for the school provides that the majority of governors are to be foundation governors.

2

The governing body of any qualifying school must establish in accordance with regulations a body to be known as a parent council.

3

The purpose of a parent council is to advise the governing body on matters relating to the conduct of the school and the exercise by the governing body of their powers under section 27.

4

Regulations may make provision as to—

a

the person or persons by whom, and the manner in which, members of a parent council are to be elected or appointed,

b

eligibility for election or appointment,

c

the duration of membership, and

d

meetings and proceedings of a parent council.

5

Regulations—

a

must require the majority of members of a parent council to be parent members, and

b

may enable a person who is not the parent of a registered pupil to be a member of a parent council if appointed in accordance with the regulations by the parent members.

6

Regulations may confer functions relating to parent councils on the governing bodies of qualifying schools.

7

The governing body of a qualifying school must, in exercising their functions under this section with respect to the school's parent council, have regard to any guidance given from time to time by the Secretary of State.

8

The reference in subsection (1)(b) to a foundation is to be read in accordance with section 21 of the School Standards and Framework Act 1998.

9

In this section “parent member”, in relation to a parent council, means a member of the council who is the parent of a registered pupil at the school.