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DRAFT REGULATIONS
Scottish Statutory Instruments
2007 No.
EDUCATION
The Parental Involvement in Headteacher and Deputy Headteacher Appointments Regulations 2007
Made - - - - 2007
Laid before the Scottish Parliament 2007
Coming into force- - 1 August 2007
The Scottish Ministers, in exercise of the powers conferred by section 14(5) of the Scottish Schools (Parental Involvement) Act 2006( 1) and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Parental Involvement in Headteacher and Deputy Headteacher Appointments Regulations 2007 and shall come into force on 1 August 2007.
Interpretation
2. In these Regulations-
(a) "the Act" means the Scottish Schools (Parental Involvement) Act 2006; and
(b) any reference to a Parent Council shall be taken to include where appropriate reference to a Combined Parent Council.
Appointment process: headteachers and deputy headteachers
3. The appointment process for filling any post, other than on an acting basis, of headteacher or deputy headteacher of a school, must satisfy the requirements specified in these Regulations.
Consultation with Parent Council
4. An education authority must, when preparing-
(a) strategies; and
(a) job or person specifications;
in relation to filling a post such as is referred to in regulation 3, consult with such Parent Council as exists for the school in relation to which it is proposed to make an appointment, and must have regard to the views of that Parent Council when preparing said strategies and specifications.
Short leet procedure
5.-(1) Subject to regulation 5(3), an education authority must invite (but shall not be entitled to require) such Parent Council as exists for the school in relation to which it is proposed to make an appointment to such a post, to participate in relation to the preparation of a short leet of candidates (hereinafter referred to as the 'short leet procedure').
(2)Where a Parent Council decides that it wishes to participate in the short leet procedure it may do so either by means of nominating such person as it wishes from among the members of the Parent Council or, alternatively, by nominating a person who is not a member of the Parent Council but who is assisting it in discharging its functions in connection with the appointment process in accordance with section 14(3) of the Act.
(3)Regulation 5(1) and (2) shall not apply where the education authority decides, following consultation in terms of regulation 4, that the post of headteacher be filled by redeploying to that post an existing headteacher currently employed elsewhere, or that the post of deputy headteacher be filled by redeploying to that post an existing deputy headteacher currently employed elsewhere.
Further procedure: appointment panel
6.-(1) Where, following completion of the short leet procedure, an education authority decides to make an appointment, other than by means of a post being filled in the manner set out in regulation 5(3), they must set up a panel (to be known as an 'appointment panel'), to consider the short leet of candidates prepared in accordance with regulation 5, and to make recommendations to the authority for the appointment of a person to fill the post.
(2) An education authority must, for the purpose of assisting them further in the appointment process, invite (but shall not be entitled to require) such Parent Council as exists for the school in relation to which it is proposed to make that appointment, to be represented on the appointment panel.
(3) Where a Parent Council decides that it wishes to be represented on the appointment panel then at least one third of the membership of that panel must comprise a parent member (or members) of that Parent Council, or alternatively a person who is not a member of the Parent Council but who is assisting it in discharging its functions in connection with the appointment process in accordance with section 14(3) of the Act, or a combination thereof.
Chairing of appointment panel
7.- (1) Where any appointment to which these Regulations relate concerns a headteacher the said appointment panel must be chaired by a person nominated by the education authority.
(2) Where any appointment to which these Regulations relate concerns a deputy headteacher, the said appointment panel must be chaired by the headteacher of the school to which the appointment is to be made, or, alternatively, unless deemed inappropriate by the education authority, the acting headteacher of the school.
(3) Such person as may be appointed in terms of paragraph (1) or (2) shall have a casting vote in relation to any recommendations to be made to the authority concerning an appointment to which these Regulations relate.
Conflict of interest
8. (1) No person who has a material interest in or relating to any matter to be considered under these regulations may participate in the short leet procedure, or sit on an appointment panel.
(2) A person will not be deemed to have a material interest in terms of paragraph (1) by virtue of chairing an appointment panel under the provision made in that regard in regulation 7(1) and (2).
A member of the Scottish Executive
St Andrew's House,
Edinburgh
[ ] 2007
Footnote
(1) 2006 asp 8.
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