Tuesday, 22 November 2011

Section 38 of the Education Act 2011

Last Week, the Education Bill became the Education Act 2011. 

Section 38 of the Act is relevant to School governors as it refers to the constitution of the governing body.  Section 38 has undergone a number of changes since the original Bill was published and staff governors and local authority governors have now been reinstated.  Although in the latter case Regulations may allow governing bodies to have more say over local authority governors.  

The Full Education Act 2011 can be found here


This is section 38

38 Constitution of governing bodies: maintained schools in England

(1) Section 19 of EA 2002 (governing bodies) is amended as follows.

(2) After subsection (1) insert—

“(1A) Regulations must provide for a governing body of a maintained school in England to consist of—

(a) persons elected or appointed as parent governors,

(b) the head teacher of the school,

(c) a person elected as a staff governor,

(d) a person appointed as a local authority governor,

(e) in the case of a foundation school, a foundation special school or a voluntary school, persons appointed as foundation governors or partnership governors, and

(f) such other persons as may be prescribed.”

(3) In subsection (2), after “governing  body” insert “of a maintained school in Wales”.

(4) After subsection (4) insert—

“(4A)  Regulations  made  by  virtue  of  subsection (3)(c) in relation to a maintained school in England may include provision for eligibility criteria for the school’s local authority governor to be such as may be specified by the school’s governing body.

(4B) Regulations made by  virtue of subsection (3)(e) in relation to a maintained school in England may include provision allowing the head teacher of the school to resign from office as a governor (and to withdraw any such resignation).”

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