Office of Public Sector Information
Section 285.
1 The provision made for core governors in the instrument of government for the governing body of a group must be in accordance with this Schedule.
2 (1) Core governors may be either—
(a) appointed by the governing body, or
(b) externally appointed.
(2) Externally appointed core governors may be either—
(a) appointed in respect of a particular school in the group, being a school—
(i) which was a voluntary school immediately before it became grant-maintained, or
(ii) which was established in pursuance of proposals published under section 212, or
(b) where the group consists only of such schools, appointed in respect of the group otherwise than by the governing body.
(3) A person appointed as mentioned in sub-paragraph (2)(a) must be appointed by the persons named in the instrument of government for the group as being entitled to appoint externally appointed core governors in respect of the school.
(4) A person appointed as mentioned in sub-paragraph (2)(a) must be appointed—
(a) (where any statement annexed to the proposals in pursuance of which the school became a grant-maintained school described the religious character of the school) for the purpose of securing that, subject to any change in the character of the school which may be authorised by or under Part III, the religious character of the school is such as was indicated in the statement, and
(b) (where there is a trust deed relating to the school) for the purpose of securing that the school is conducted in accordance with the deed.
(5) Core governors, other than externally appointed core governors appointed in respect of particular schools in the group, must be appointed from among persons who appear to the person making the appointment to be committed to the good government and continuing viability of all the schools in the group.
(6) A person who is a member of the teaching or other staff at any of the schools in the group is disqualified from holding office as a core governor, other than an externally appointed core governor.
3 (1) This paragraph applies in the case of such a group as is mentioned in paragraph 2(2)(b).
(2) The minimum number of externally appointed core governors (referred to in this paragraph as “MN”) is one greater than the number of governors other than externally appointed core governors.
(3) Any head teacher of a school in the group who has chosen not to be a governor shall be counted as one for the purposes of sub-paragraph (2).
(4) In respect of each school in the group there must be the same number of externally appointed core governors.
(5) The total number of externally appointed core governors in respect of schools in the group must not be less than the highest number, not exceeding MN, that is consistent with sub-paragraph (4).
4 (1) This paragraph applies in the case of a group other than such a group as is mentioned in paragraph 2(2)(b).
(2) If any school in the group falls within paragraph 2(2)(a), one externally appointed governor must be appointed in respect of that school.
(3) The appropriate number of the core governors must (on the date or dates on which they respectively take office) be parents of registered pupils at schools in the group, and the appropriate number of the core governors must (on the date or dates on which they respectively take office) be members of the local community; but one person may satisfy both requirements.
(4) In sub-paragraph (3) “the appropriate number” means not less than two or, if all but one of the schools in the group fall within paragraph 2(2)(a), at least one.
(5) In appointing core governors, the governing body must secure that those governors include persons appearing to the governing body to be members of the local business community (and such persons may also satisfy one or both of the requirements of sub-paragraph (3)).
(6) The number of core governors must be such number, not being—
(a) less than five, or
(b) (subject to paragraph (a)) more than the number of schools in the group,
as will secure that they and the parent governors outnumber the other governors.
(7) Any head teacher of a school in the group who has chosen not to be a governor shall be counted as one for the purposes of sub-paragraph (6).
Section 323.
1 In this Schedule “assessment” means an assessment of a child’s educational needs under section 323.
2 (1) Regulations shall make provision as to the advice which a local education authority are to seek in making assessments.
(2) Without prejudice to the generality of sub-paragraph (1), the regulations shall require the authority, except in such circumstances as may be prescribed, to seek medical, psychological and educational advice and such other advice as may be prescribed.
3 (1) Regulations may make provision—
(a) as to the manner in which assessments are to be conducted,
(b) requiring the local education authority, where, after conducting an assessment under section 323 of the educational needs of a child for whom a statement is maintained under section 324, they determine not to amend the statement, to serve on the parent of the child a notice giving the prescribed information, and
(c) in connection with such other matters relating to the making of assessments as the Secretary of State considers appropriate.
(2) Sub-paragraph (1)(b) does not apply to a determination made following the service of notice under paragraph 10 of Schedule 27 (amendment of statement by LEA) of a proposal to amend the statement.
(3) Regulations may provide that, where a local education authority are under a duty to make an assessment, the duty must, subject to prescribed exceptions, be performed within the prescribed period.
(4) Such provision shall not relieve the authority of the duty to make an assessment which has not been performed within that period.
4 (1) Where a local education authority propose to make an assessment, they may serve a notice on the parent of the child concerned requiring the child’s attendance for examination in accordance with the provisions of the notice.
(2) The parent of a child examined under this paragraph may be present at the examination if he so desires.
(3) A notice under this paragraph shall—
(a) state the purpose of the examination,
(b) state the time and place at which the examination will be held,
(c) name an officer of the authority from whom further information may be obtained,
(d) inform the parent that he may submit such information to the authority as he may wish, and
(e) inform the parent of his right to be present at the examination.
5 (1) Any parent who fails without reasonable excuse to comply with any requirements of a notice served on him under paragraph 4 commits an offence if the notice relates to a child who is not over compulsory school age at the time stated in it as the time for holding the examination.
(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Education Act 1996