43Composition of school boards of school-related

43 Composition of school boards of school-related institutions and other schools in special circumstances (1) This section applies to a school that is— (a) a school-related institution; or (b) declared, in writing, by the director-general to be a school to which special circumstances apply. (2) If the school is a school-related institution, the director-general must, if practical, determine the composition of the school board of the It may not be practical to establish a school board for a school-related institution with fewer than 3 staff. (3) Subsection (2) does not prevent the director-general from determining the composition of a single school board for 2 or more institutions.

(4) If the director-general makes a determination under subsection (2) for the school, the director-general may also determine— (a) the members who are required to be present at a meeting of the board; and (b) the members who may not vote at a meeting of the board. (5) If the school is a school to which special circumstances apply, the director-general may determine the following: (a) the composition of the school board of the school; (b) the members who are required to be present at a meeting of the board; (c) the members who may not vote at a meeting of the board. (6) The director-general may make a determination under subsection (2), (4) or (5) only with the Minister’s written approval. (7) Before making the determination the director-general must, if practical, consult with the parents of students at the school, at a general meeting of the parents, about the composition of the board. (8) In deciding whether or not to give the approval, the Minister must have regard to— (a) the need for the principal of the school to be a member of the board; and (b) the need for the director-general to be represented on the board; and (c) whether staff of the school and students at the school have been consulted about the composition of the board; and (d) any comments made by the staff and students at the school about the composition of the board; and (e) the administrative needs, educational or related objectives, and any special characteristics of the school.

(9) The director-general may appoint a person in accordance with the determination to be a member of the board of the school. Note 1 For the making of appointments (including acting appointments), see Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207). (10) A member of the board is appointed for the term stated in the instrument making or evidencing the appointment. (11) A determination under subsection (2), (4) or (5) is a disallowable instrument.