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Derbyshire Schools Forum constitution

Following a meeting of the council’s Cabinet on 30 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:

Membership

Voting members:32

Our maintained school members (13)

  • 4 places for primary headteachers/senior members of staff
  • 3 places for primary governors
  • 1 place for secondary headteachers/senior members of staff
  • 1 place for secondary governors
  • 1 place for special headteacher/senior members of staff
  • 1 place for special school governor
  • 1 place for nursery headteacher/senior members of staff
  • 1 place for nursery school governor

Academy school members (12)

  • 1 place for a MAT with a Derbyshire special school
  • 1 place for a MAT with a Derbyshire PRU
  • 10 places for an academy / MATs including senior members of staff

Non-school members (7)

  • 2 representatives of the Diocesan/Church Authorities
    (1 Church of England, 1 Roman Catholic)
  • 1 16-19 representative
  • 1 representative from the non-maintained early years’ sector, (private voluntary & independent PVI)
  • 3 union representatives

Observers (non-voting representatives 5)

  • 4 elected members of the county council, 3 majority and 1 minority group
  • 1 representative from the Education and Skills Funding Agency

Local Authority (LA) maintained school members

The school members are to be from the following maintained school sectors:

  • Primary schools
  • Secondary schools
  • Special schools
  • Nursery schools

There must be at least 1 head and 1 governor as a representative for each of the above sectors. For sectors that have more than 2 representatives there can be other senior school staff members and governors.

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

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

The balance of the remaining 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.

The local authority (“LA”) will set a due date for any vacancies to be filled, if for any reason no election is held the LA will appoint an academy representative.

Any academy trust may have no more than 2 representatives on the schools forum at any time.

Non-school members

  • A Church of England Diocesan representative nominated by the Diocesan Director of Education
  • A Roman Catholic Diocesan representative nominated jointly by the Nottingham and Hallam Catholic Dioceses.
  • A 16-19 representative - eligible institutions are those in the FE sector (FE and 6th 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.
  • A representative from the non-maintained early years’ sector nominated by the county council.
  • 3 union representatives, nominated jointly by recognised unions with membership working in schools.

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 the county council, 3 majority and 1 minority group, to be nominated by the county council
  • A representative from the Department for Education

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

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 4 years after their 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.

Failure to attend forum meetings

If a member fails to attend 2 consecutive meetings and not provide the forum with reasonable apologies or, where appropriate, arrange a suitable substitution to attend on their behalf, they will be contacted by the clerk about their future intentions for forum attendance.

If this failure to attend extends to 3 consecutive meetings, without good reason, the forum will have the power to disqualify that member from continuing to hold office on the forum.

Apologies for absence will be reported to the forum at the start of each meeting.

Elections

Where there is a maintained school vacancy on the forum, the clerk to the forum will seek expressions of interest from the relevant constituency. Where the number of applicants exceeds the number of places/vacancies, then an election will be organised. 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.

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

If for any reason an election has not taken place by the relevant date, or in the event of a tie, the authority will appoint the schools member. If no applications are forthcoming the LA may appoint a 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.

The period of office of the successful candidate will normally last for 4 years. The school representatives are eligible to stand for re-election.

The member(s) 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 clerk to the forum 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(s).

Election of chair and vice chair

The forum shall elect a chair and vice-chair, from among its voting membership, excluding any voting members that may be elected members or officers of the authority. These appointments shall be for a period of 2 years. The chair and vice chair are eligible to stand for re-election.

To aid continuity, the forum may also appoint a chair elect, to shadow the chair for a 12 month period in advance of talking over as chair.

At any meeting where the chair, vice-chair and, if appointed, the chair elect are absent, the forum shall elect, from those voting members present, a person to take the chair for that meeting only.

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 need 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 such a meeting.

Substitute members

A substitute may attend a specific forum meeting, in the event that a forum member is unable to attend. Notification should be provided to the clerk of the forum no later than 48 hours prior to the meeting.

For schools members, any nominated substitute must come from the same group as the original member (so, the substitute for a nursery school headteacher representative must be another nursery school headteacher).

For non-school members and observers, a substitute must be a representative of the same organisation.

Where possible, it would be preferable for appropriate members to nominate formally a regular substitute to ensure some degree of continuity and procedural propriety in respect of voting arrangements.

Meetings

The Derbyshire Schools Forum will meet a minimum of 4 times a year. Venues, dates and timing of the meetings shall be a matter for the forum itself to determine.

The Cabinet Member for SEND and 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.

In order to exclude the press/public a positive resolution must be passed by the forum. The business that is confidential or sensitive shall normally be adjourned until all other business of the meeting has been transacted whereupon the press/public shall leave the meeting and the adjourned business shall be considered.

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 exceptional circumstances, it may be necessary for a decision or formal view to be expressed by the forum before the next scheduled meeting.

In such circumstances, the LA will attempt to convene an unscheduled meeting of the forum or an appropriate working group.

If this is not possible, or if time does not allow, the LA shall seek a response from the forum by emailing all forum members, allowing all members the opportunity to express a view on a matter of urgency.

Any matters conducted under the urgency procedure will be reported to the next scheduled meeting of 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.

Review of operational arrangements

These operational arrangements for the schools forum have been prepared locally, by the LA and agreed with the Derbyshire Schools Forum and refer only to the activities of the Derbyshire Schools Forum. The arrangements may, from time to time, be subject to review and change.