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Section 1 - Introduction
This guidance is issued by Scottish Ministers in terms of section 19 of the Scottish Schools (Parental Involvement) Act 2006 ('the Act') and relates to procedures for the appointment of a Headteacher or Deputy Headteacher, participation of a Parent Council and related activities under the Act. Section 14 of the Act is of particular relevance in this regard, together with the secondary legislation made under the Act, namely the Parental Involvement in Headteacher and Deputy Headteacher Appointments (Scotland) Regulations 2007 ("the Regulations"). The Guidance is intended to assist users of the Act and the Regulations.
Background to the Guidance
Under the terms of A Teaching Profession for the 21 st Century, appointment procedures are matters for agreement by Local Negotiating Committees for Teachers ( LNCTs). Within that framework LNCTs are required to take into account the requirements set out in the Act and subsequent regulations.
The Act created a new framework for education authorities in relation to parental involvement, which reflects the value added by the greater participation of parents at all stages of their children's education, including the recruitment of Headteachers and Deputy Headteachers. It is known that children learn best when their parents are involved in their education and that education is carried out by highly skilled well motivated and well led teams of professionals. It is therefore vital that there is the opportunity for parental involvement throughout the process.
The need for local flexibility in any appointment process to suit local needs is recognised. The Regulations made under the Act, set out the key stages of the process, but do not take an overly prescriptive approach in setting out the procedures which authorities must follow. That approach recognises that there is a great variety of different schools across Scotland and that to impose an overly prescriptive system for senior appointments would neither be desirable to employers nor in the best interests of parents.
Purpose of the Guidance
This guidance should be read in conjunction with:
- the relevant primary legislative framework relating to Headteacher and Deputy Headteacher appointments, set out in section 14 of the Act;
- the specific requirements contained in secondary legislation which all education authorities will have to follow for such appointments processes, as set out in the Regulations; and
- any best practices drawn from procedural advice which education authorities may issue in order to place their duties into a local context.
This guidance is intended to assist not only LNCTs, education authorities and members of the teaching profession, but also all those involved directly in appointment processes including Parent Councils.
Status of the Guidance
This guidance is issued under section 19 of the Act and all authorities and Parent Councils must have regard to it. It is intended to complement, and should be considered in conjunction with, the duties and requirements which local authorities already have in respect of appointment procedures. This guidance should be read alongside local authorities' own corporate policies on Recruitment and Selection. It is expected that local authorities will incorporate this guidance into their internal policies.
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