The Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999

Regulations 16, 36 and 48

SCHEDULE 4 PARENT GOVERNORS

1.  In this Schedule—

(1) for the purposes of Part II:

(a) “appropriate authority” has the same meaning as in regulation 19(2) (elections);

(b) “school” means the new LEA maintained school;

(c) “governing body” means the temporary governing body where appointments are made before the appointed day and the transitional governing body where appointments are made on or after that day;

(2) for the purposes of Part III:

(a) “appropriate authority” has the same meaning as in regulation 38 (elections);

(b) “school” means the new GM school;

(c) “governing body” means the GM transitional governing body

(3) for the purposes of Part IV:

(a) “appropriate authority” has the same meaning as in regulation 51 (elections);

(b) “school” means the grouped school;

(c) “governing body” means the grouped governing body where appointments are made before the appointed day and the grouped transitional governing body where appointments are made on or after that day.

2.—(1) This paragraph applies to any school which will be or is a maintained school, other than a community or foundation special school established in a hospital.

(2) In the case of a school to which this paragraph applies, parent governors shall be appointed by the governing body if—

(a) at least 50 per cent. of the registered pupils at the school are boarders; and

(b) it would, in the opinion of the appropriate authority, be impracticable for there to be an election of parent governors.

3.  In the case of a school which will be or is a community or foundation special school established in a hospital, parent governors shall be appointed by the governing body, where, in the opinion of the appropriate authority, it is likely to be impracticable for there to be an election of parent governors.

4.  At any school which will be or is a maintained school, the number of parent governors required shall be made up by parent governors appointed by the governing body if—

(a) one or more vacancies of parent governors are required to be filled by election; and

(b) the number of parents standing for election is less than the number of vacancies.

5.  Except where paragraph 6 applies, in appointing a parent governor under this Schedule the governing body shall appoint—

(a) a person who is the parent of a registered pupil at the school; or

(b) where it is not reasonably practicable to do so, a person who is the parent of a child of compulsory school age.

6.—(1) Where the school will be or is a community or foundation special school not established in a hospital, in appointing a parent governor under paragraph 2(2) or 4, the governing body shall appoint—

(a) a person who is the parent of a registered pupil at the school;

(b) a person who is the parent of a child of compulsory school age with special educational needs;

(c) a person who is the parent of a person of any age with special educational needs; or

(d) a person who is the parent of a child of compulsory school age.

(2) The governing body shall only appoint a person referred to in sub-paragraph (1)(b), (c) or (d) if it is not reasonably practicable to appoint a person referred to in the provision in that sub-paragraph which immediately precedes it.