Constitutions for boards of trustees
Introduction
In 1989 a reform process called "Tomorrow's Schools" introduced major reform into the administration of state schools in New Zealand. Part of this reform was to introduce boards of trustees which were to be the governance body for each school. Previously primary schools had to report to Education Boards while secondary schools had Boards of Governors.
Boards of trustees are made up of elected parent representatives, staff, principal and student representatives and they can appoint and/or co-opt members.
Initially elected parent representatives were elected for a three year term. The problem some schools were finding was that at the end of each three year term the turnover of board members was so high that significant expertise and knowledge was lost at the end of each three year cycle.
2002 saw the introduction of a mid-term election option. This new option enables a board to have half of its parent representatives elected every eighteen months. The inaugural mid-term election was held on 13 September 2002.
The standard constitution of a board of trustees is:
- five parent elected representatives;
- principal;
- staff representative;
- student representative (in schools with Year 9 students and above);
- co-opted trustees; and
- up to 4 proprietors' representatives (in integrated schools only).
This standard constitution does not necessarily meet the needs of all schools and their communities and so the Education Act allows for some flexibility for boards of trustees to be constituted differently.
A board of trustees can alter the number of parent representatives
If a board wants to alter the number of parent representatives it has the flexibility to do so. Before a board finally decides to alter the number of parent reps to anything between three and seven, it must first give its parent community reasonable notice of the time, date and place of the meeting at which it intends to consider and decide on this option. Having satisfied this requirement the board is then free to make its final decision on numbers of parent reps. The board is then required to advise its local Ministry office so that up-to-date records of the board membership can be maintained.
Boards of trustees of two or more schools can combine to form a Combined Board of Trustees to govern two or more schools
A Combined Board of Trustees (CBOT) is the single overarching legal Crown entity for the group of schools it governs. In some situations it makes sense to pool governance resources. Each school still retains its separate identity and separate funding entitlement but economies of scale can be created, governance resources and policies can be shared, seamless transitions can be managed between primary/intermediate/secondary schools, school communities can co-operate rather than compete. Elections need to be completed before a CBOT (under section 110 of the Education Act 1989) can take office.
A sample Combined Board of Trustees would look like this:
- 5 parent reps (if two schools), 6 parent reps if more than two schools;
- the principal of each of the schools;
- 1 staff rep; and
- 1 student rep (if the board governs at least one school with year 9 students and above).
The Minister of Education has to first approve the establishment of a combined board.
The membership of a board of trustees can be altered to better reflect the school community that it serves
Section 105A was inserted in the Education Act 1989 in 2000, to provide more flexibility for schools for which the standard constitution of a board of trustees has not proved to be the most effective form of governance. An alternative constitution allows:
- permanent, formal recognition of a school community character/identity;
- permanent, formal recognition of ongoing partnerships between the school and other parties;
- a workable or different mix/number of trustees on a board; and/or
- boards of integrated schools to combine.
An alternative constitution may be applied to a single board or to a combined board of trustees (CBOT). Elections and/or a process for appointment need to be completed before the alternative constitution can take effect.
Examples of existing boards with alternative constitutions under section 105A of the Education Act 1989 range between a 23 member board which reflects the whanau governance model suited to a kura; and a one member board which has community based committees that feed into it.
The Minister of Education has to be assured that the alternative constitution is in the best interests of the school before he will approve it. The board may request it, 20% or more of the parents may request it, or the Chief Education Review Officer may recommend it.
The composition of the board of a special institution shall be determined by the Minister
The constitution of a board of trustees of a correspondence school or an institution such as a special school, residential special school, health camp school or regional health (hospital) school is determined by the Minister.
According to the unique situation or service delivery model at each school or institution, the board membership may include Ministerial appointments.
The composition of the board of a newly established school
The Minister will determine whether the board constitution will be comprised of either five Ministerial appointments or five people elected by parents of students likely to be enrolled at the school in the year it opens. In addition the board membership will include the principal or principal designate and up to four persons co-opted by the board. The Minister will set a date for the elections of the first board at the appropriate time - usually about six months after the school opens.