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Derbyshire Schools Forum constitution

Following a meeting of the council’s Cabinet on 30th July 2020, decisions on changes to this constitution have been delegated to the Executive Director for Children’s Services in consultation with relevant Cabinet Members.


The Derbyshire Schools Forum shall be constituted as follows.

Our maintained school members (11)

The school places to be made up as follows:

  • primary schools - 7
  • secondary schools - 2
  • special schools - 1
  • nursery schools - 1

Representatives of the sectors to be split equally between heads (or other senior school staff members) and governors. In the event the places total is an odd number, the number of head teacher places will exceed that of governors by one. Places are to be elected by the relevant constituent groups (head teachers and governing bodies).

The term “other senior school staff member” is defined as a principal, deputy head teacher, bursar or other person responsible for the financial management of the school.  School governor representatives will usually need to have an interest and some experience in schools’ funding matters and will, therefore, normally be the Chair of Governors or the Chair of the Governors’ Finance Committee.  Other governors with financial expertise and interest may, however, be put forward for election.

Academy school members (11)

One place is reserved for a MAT which includes a Derbyshire special school and one place reserved for a MAT which includes a Derbyshire PRU.

The balance of the mainstream places will be filled following an election process determined by academy proprietors. References to academies are deemed to include all academies, irrespective of type or phase, free schools, university training colleges and studio schools.

We will set a due date for any vacancies to be filled, if for any reason no election is held, we will appoint an academy representative.

Any mainstream (not including a special or PRU) academy may have only one representative, for example, the head or a governor, serving on the forum at any time.

Non school members (7)

Three union representatives, nominated jointly by recognised unions with membership working in schools.

One Church of England diocesan representative.

One Roman Catholic diocesan representative.

The Church of England diocesan representative will be nominated by the diocesan director of education. The Roman Catholic diocesan representative will be nominated jointly by the Nottingham and Sheffield Catholic dioceses.

One 16 to 19 representative - eligible institutions are those in the further education (FE) sector (FE and sixth form colleges) and other post-school institutions that specialise in SEN and LDD provision (ISPs), where 20% or more of their students reside in the authority’s area.

One representative from the non-maintained early years’ sector nominated by Derbyshire County Council.

Elections - maintained schools

Where the number of applicants exceeds the number of places or vacancies the executive director for children’s services will organise an election amongst each constituency group (that is, heads or governors). In the event that an election results in a tie, the local authority will appoint the schools member. In these circumstances the appointment may be someone other than one of the election candidates as the local authority may wish to take into account the expertise of the individuals and/or the existing balance of different types of school represented on the forum.

If for any reason an election hasn’t taken place by a specified date, the authority will appoint the schools member. If no applications are forthcoming the LA may appoint a schools member.

Elected members who are governors may be put forward for election by their schools as school members of the forum.

Observers

In addition to the voting members of the forum, there will also be a fixed number of non-voting observers entitled to attend and speak at meetings, as follows:

  • 4 elected members of Derbyshire County Council, 3 majority and 1 minority group, to be nominated by Derbyshire County Council
  • 1 representative from the Education and Skills Funding Agency

Functions of the forum

The LA will consult the schools forum in advance on all issues relating to the funding of schools, including:

  • the arrangements made for the education of pupils with special educational needs
  • the arrangements for the use of pupil referral units and the education of children otherwise than at school
  • arrangements for early years education
  • arrangements for insurance
  • approving revisions to the LA’s scheme for the financing of schools
  • administrative arrangements for the allocation of central government grants to schools via the LA
  • arrangements for free school meals
  • any arrangements proposed for the issuing of any invitation to any contractor, to tender for supplies and services, paid for out of the overall schools budget
  • any changes proposed to the schools’ funding formulae and the financial effects of any such changes
  • determining the level of early years and central school services block central spend
  • if permitted by national regulations, local variations to the application of the Minimum Funding Guarantee
  • any other such areas of school funding required by regulation or at the discretion of the local authority

The forum will offer a view to the LA on all matters referred to it by the LA.

Terms of office

A general election of schools’ representatives to the forum will normally take place every 4 years, the next such election being for appointments from September 2024 to August 2028.

Membership of the newly elected forum will commence from 1 September following the election. The term of office of an individual elected school or academy representative will expire when the member concerned ceases to hold the office by virtue of which they became eligible for election to the forum, or on 31 August following a general forum election, whichever is the sooner.

The appointment of non-schools representatives and observers will end when the LA receives notification from the nominating body or a direction from the Secretary of State.

Elections

If a maintained school member resigns from the forum, the executive director for children’s services will seek expressions of interest from the relevant constituency. If more than one nomination is received then the executive director will organise an election. The process of seeking expressions of interest and, if necessary, undertaking any subsequent election, should be completed within 90 school days from the date of resignation. If no election has been completed by the relevant date, or in the event of a tie, the LA will appoint the member or members.

The period of office of the successful candidate will last until the end of the current term.

The member or members representing academies do not have to be a principal or a governor. It is for the academy proprietors to determine their own arrangements.

For academies the executive director will set a date by which any vacancy must be filled. The basis for determining the election is a matter for academy proprietors. If no election has been completed by the relevant date, or in the event of a tie, the LA will appoint the academy member or members.

Election of chair and vice chair

The forum shall elect a chair and a vice chair from within their membership. All members, schools and non-schools (but not observers), are eligible to be elected to these positions.

The period of office will normally last for 2 years. The chair and vice chair are eligible to stand for re-election.

Quorum

The quorum for a meeting of the schools forum shall be 40% of the voting members excluding any vacancies. Any recommendation to the LA from a quorate meeting of the schools forum will require the LA, under the relevant regulations, to give full consideration to that recommendation before making any decisions.

A non-quorate meeting of the schools forum may still make recommendations to the LA but it will be for the LA to determine what weight to give to any recommendations emerging from a non-quorate meeting.

Substitutes

For governor and headteacher representatives, the executive director for children’s services will maintain a list of nominated substitutes for each school phase and academies. For primary and secondary schools and academies the number of substitutes shall not exceed the number of places for that phase. Nursery and special schools will be allowed to nominate 2 substitutes.

Where the number of school applicants exceeds the number of places, the executive director for children’s services will agree the list taking into account the current membership of the forum and the views of chair. The list of substitutes will be updated every 4 years in line with the general forum election.

Where a forum member is unable to attend a meeting, it is their responsibility to organise a substitute from the approved list and notify the LA of the change, prior to the meeting whenever possible.

Meetings

The Derbyshire Schools Forum will meet a minimum of 3 times per year. Venues, dates and timing of the meetings shall be a matter for the forum itself to determine.

The Cabinet Member for Education and the executive director for children’s services or their representatives will be entitled to attend and speak at any meeting of the Forum.

Members and observers of the forum will be given at least 7 clear days’ notice of meetings. Notice of meetings, at least 7 days in advance, will also be given to the cabinet member and the executive director for children’s services.

The forum is free to determine whether any other person should be invited to attend one of its meetings for a particular issue, but the forum, for the purposes of quorum and voting, remains as specified in the constitution.

The venue, dates and times of all meetings of the schools forum shall be published at least 7 days before the meeting.

Public access

The non-confidential part of the forum agenda shall be open to the public to attend but not speak. The press and public will be excluded from any confidential agenda items.

Clerking

The executive director for children’s services will arrange for administrative and clerical support for the meetings of the schools forum.

Proceedings

Any question to be decided will be determined by a majority of the votes of the members present at a meeting, provided that the meeting is quorate. Where votes are equal the chair may exercise a casting vote.

All agendas for meetings of the schools forum will include an item inviting members and observers to indicate any interest in any matters under discussion. Where an interest exists, the definitions of personal and prejudicial interest, which are used by elected members, and the procedures which then follow, will operate.

Minutes of all forum meetings will be drawn up and agreed by the chair, subject to the approval of forum members, at the next meeting.

The clerk to the forum will be responsible for ensuring that minutes of the meeting are circulated widely.

The forum may choose to appoint sub-committees to examine any matters put before the forum by the LA, but the final response to the LA must come from a quorate meeting of the full forum.

Urgent business

In the event that the local authority has urgent business to agree with its schools forum, the LA will determine whether to resolve the issue by emailing forum members or by calling an unscheduled meeting. The approach will be determined by the LA following discussion with the chair and/or vice chair of the forum.

Members’ expenses

Members of the schools forum shall be entitled to receive reasonable expenses incurred as a result of their attendance. Expenses to be paid shall be in line with existing arrangements for such bodies existing elsewhere in the council. The forum itself may make recommendations to the LA to extend or amend the framework of expenses which may be claimed by its members. It will then be for the LA to determine whether to amend the expenses framework.

Observers will look to their nominating body for reimbursement of any expenses, which will not be rechargeable to the forum.

Cost of the forum

All costs of operating the schools forum, including the administrative costs for venues and clerking and members’ expenses, will be charged to the schools budget.