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Making the difference - improving parents' involvement in schools: a consultation on a draft bill

5 Draft Bill

CONTENTS

Section

1 Duty of education authority to promote involvement of parents in school education etc.
2 Strategies for parental involvement
3 Review of school performance
4 Duty of education authority to promote establishment etc. of a school’s parent forum
5 Scheme for establishment of a parent forum
6 Restrictions as to composition of a parent forum
7 Functions of a parent forum
8 Financial powers of a parent forum
9 Duties of education authority to a parent forum
10 Duties of education authority to parents generally
11 Procedures for appointment of headteacher or deputy and participation of a parent forum
12 Complaints procedure
13 Abolition of School Boards
14 Interpretation
15 Transitional provisions etc.
16 Orders and regulations
17 Short title and commencement

DRAFT

Scottish Schools (Parental Involvement) Bill

An Act of the Scottish Parliament to make further provision for the involvement of parents in their children’s education and in school education generally; to provide for the establishment of parent forums for schools and the abolition of School Boards; to make further provision as regards the appointment of headteachers and deputy headteachers; and for connected purposes.

1 Duty of education authority to promote involvement of parents in school education etc.

(1) It is the duty of an education authority to promote the involvement of the parents of a pupil in attendance at a public school in the authority’s area in the education provided to the pupil by the school.

(2) Except where the context otherwise requires, in this Act "education" means school education and includes such provision as is made by an education authority in fulfilment of their duty under section 1(3)(b) of the Education (Scotland) Act 1980 (c.44) (duty to secure the provision of adequate facilities for social, cultural and recreative activities and for physical education and training).

2 Strategies for parental involvement

(1) Each education authority must prepare a document, to be known as their "strategy for parental involvement", containing their general policies for implementing their duties under sections 1, 4, 9 and 10; and the complaints procedure established by the authority under section 12 must be set out in the document.

(2) In developing their strategy for parental involvement an education authority must seek and have regard to the views of–

(a) the parents to whom those duties relate,

(b) any parent forum established for a school in their area, and

(c) any other person who appears to the authority to have an interest in their implementation of those duties or of the duty under section 12(1).

(3) The document is to be included in the authority’s annual statement of improvement objectives; and subsections (5) and (6) of section 5 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) (preparation and publication of supplementary statements and reports) apply in relation to such implementation as is mentioned in subsection (1) (of this section) as they apply in relation to an objective.

(4) In subsection (2)(a) of that section (requirement for annual statement of education improvement objectives to include an account of the ways in which the authority will seek to involve a pupil’s parents in promoting the education of the pupil), at the beginning there is inserted "(prepared under section 2(3) of the Scottish Schools (Parental Involvement) Act 2005 (asp00) as part of the authority’s strategy for parental involvement)".

(5) In section 6(1)(a) of that Act (requirement for school development plan to be prepared)–

(a) after the words "the objectives" there is inserted "and strategy for parental involvement", and

(b) after the word "school" there is added "(including objectives as to the involvement of a pupil’s parents in the education provided to the pupil and to the school’s pupils generally)".

3 Review of school performance

In section 7 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) (which provides for the defining of measures and standards of performance as respects the quality of education provided by schools and for the quality of education provided by a school to be reviewed from time to time having regard to those measures and standards), at the end there is added–

"(3) Without prejudice to the generality of subsections (1) and (2) above, in those subsections "quality of education" includes the extent to which a pupil’s parents are involved in the education provided to the pupil".

4 Duty of education authority to promote establishment etc. of a school’s parent forum

An education authority are, for each public school in their area–

(a) to promote the establishment of, and

(b) to support the operation of, a body (referred to in this Act as the school’s "parent forum") to represent the parents of the pupils in attendance at the school.

5 Scheme for establishment of a parent forum

(1) For the purposes of section 4(a) the authority may notify the parents of the pupils in attendance at a public school in their area of the authority’s intention to prepare a scheme for the establishment of a parent forum for the school, inviting them to indicate, within such reasonable period as they are to specify in the notice, a preference as to how the forum is to be constituted and what its constitution is to be; and the notice is to suggest alternatives in that regard framed in accordance with such guidance as may be issued by the Scottish Ministers but to state that those alternatives are offered only by way of example.

(2) But notification under subsection (1) is to include an invitation to indicate, instead of any such preference as is mentioned in that subsection, a preference either–

(a) that no such scheme should be prepared, or

(b) that any such scheme prepared should be prepared by a person other than the education authority.

(3) If an appropriate number of the parents of the pupils in attendance at a public school in their area requests the authority to exercise their power under subsection (1), that subsection is to be construed as if, in relation to the school, it imposed a duty rather than a discretion on the authority.

(4) In subsection (3), the reference to "an appropriate number" is to a number equal to at least a quarter of the number of pupils in attendance at the school.

(5) Having regard to such preferences as are indicated by virtue of subsection (1) and in so far as practicable giving effect to the preference of the greatest number of the parents responding, the authority is, when the period specified under that subsection has expired, to prepare the scheme, to send a copy of it to each of the parents of the pupils in attendance at the school and to make such arrangements as are necessary to implement it.

(6) But if the preference of the greatest number of the parents responding before the period so specified has expired is as mentioned in–

(a) paragraph (a) of subsection (2), subsection (5) is to be disregarded,

(b) paragraph (b) of subsection (2), subsection (5) is to be disregarded and provided that the majority of the parents of the pupils in attendance at the school can agree as to which person other than the authority is to prepare such a scheme, that person may proceed to do so, to send a copy of it to each of the parents of the pupils in attendance at the school and to make such arrangements as are necessary to implement it.

(7) The arrangements mentioned in subsections (5) and (6) must include the preparation of a constitution for the forum.

(8) A school’s parent forum is established when first constituted by virtue of arrangements made under subsection (5) or (6); and is, as soon as practicable thereafter–

(a) to intimate to–

(i) the headteacher,

(ii) the parents whom it represents, and

(iii) such other persons as it appears to the forum appropriate to include for the purposes of this subsection, that it has been established,

(b) to provide them and the education authority with information as to who its members are and as to how to communicate with it,

(c) if the education authority did not prepare the constitution of the body, to provide the education authority with a copy of that constitution, and

(d) to provide the headteacher with a copy of that constitution.

(9) A school’s parent forum is itself to determine the name by which it is to be known.

(10) Intimation under subsection (8)(a)(ii) or (iii) is to include a note of the functions of a school’s parent forum (as set out in section 7(1)).

(11) A school’s parent forum need not consist of more than one person.

(12) This section is subject to section 6.

6 Restrictions as to composition of a parent forum

The members of the parent forum established for a school must be parents of pupils in attendance at the school or (but only if and in so far as the constitution of the forum so admits) persons who are co-opted to the forum by the persons who for the time being are its members.

7 Functions of a parent forum

(1) The functions of the parent forum established for a school are–

(a) to seek to raise standards of education in the school,

(b) to seek improvements in the quality of the education which the school provides,

(c) to support the endeavours of those managing the school to develop to their fullest potential the personality, talents and mental and physical abilities of the pupils attending it,

(d) to make representations–

(i) to the school’s headteacher and to the education authority about the arrangements in the school for promoting the involvement of parents in the education of such of those parents’ own children (of whatever age) as attend the school and of its pupils generally,

(ii) to the education authority about the arrangements in their area for promoting the involvement of parents of pupils attending schools in that area in the education of such of those parents’ own children (of whatever age) as so attend and of those pupils generally,

(e) to promote contact between–

(i) the school,

(ii) parents whether of pupils in attendance at the school or of prospective such pupils,

(iii) the community, and

(iv) such other persons as it appears to the forum appropriate to include for the purposes of this paragraph,

(f) to report on the forum’s activities to the parents of pupils in attendance at the school, as often as appears to the forum to be appropriate but in any event–

(i) not more than 12 months after it is established, and

(ii) after that first report, at intervals of not more than 12 months,

(g) to ascertain the views of the parents of the pupils in attendance at the school as regards–

(i) the standards of education in the school,

(ii) the quality of the education which the school provides,

(iii) the exercise by the forum of its functions, and

(iv) such other matters as appear to the forum to be of interest or concern to those parents,

(h) to collate those views and report them to–

(i) the headteacher of the school,

(ii) the education authority, and

(iii) such other persons as it appears to the forum appropriate to include for the purposes of this paragraph,

(i) to review from time to time its constitution, and

(j) to amend (or replace) its constitution whenever it appears to the forum to be necessary or expedient to do so.

(2) If, by virtue of subsection (1)(j), a school’s parent forum amends (or replaces) its constitution it must as soon as reasonably practicable provide–

(a) the education authority, and

(b) the headteacher, with a copy of the constitution as amended (or of the new constitution).

(3) The Scottish Ministers may by order amend subsection (1) so as (either or both)–

(a) to add to the functions for the time being described,

(b) to alter any of those functions.

(4) Subject to any other provision made by this Act, the parent forum may do anything which is calculated to facilitate the exercise of those functions including, without prejudice to that generality, entering into contracts and agreements (other than in relation to land).

(5) In the exercise of those functions the parent forum is to be treated, as regards relations with third parties, as the agent of the education authority whether or not the exercise complies with this Act or with any conditions imposed under this Act.

(6) The members of the parent forum do not incur personal liability for anything done, or purportedly done, in the exercise of those functions if it was done in good faith.

(7) In the exercise of those functions the parent forum is to ensure that any duty of the education authority–

(a) under statute, or

(b) by virtue of any rule of law, is duly complied with.

(8) The parent forum is to comply with any reasonable request made to it by the headteacher of the school or by the education authority for information relating to its exercise of those functions.

(9) A parent forum ceases to exist when the school for which it is established is discontinued.

8 Financial powers of a parent forum

(1) A school’s parent forum may–

(a) raise funds by any means other than by borrowing,

(b) receive gifts, and may expend any sums so received at its discretion.

(2) A school’s parent forum is to keep proper accounts in relation to any sums received by it under subsection (1).

(3) A school’s parent forum is not to acquire any interest in heritable property, whether by inheritance, gift or otherwise.

(4) Where a school’s parent forum ceases to exist, any property belonging to the parent forum passes to the education authority; but (except where the parent forum has ceased to exist by virtue of section 7(9)) the authority is to use any such property for the benefit of the school.

9 Duties of education authority to a parent forum

(1) An education authority are to give advice and information to a parent forum established for a school in their area when the forum reasonably requests it from them on any matter.

(2) An education authority are to take such steps as appear to them to be appropriate to ensure that the headteacher and staff of each school in their area –

(a) are available to give advice and information to a parent forum established for the school on what is being done by those managing the school to promote parental involvement in education there, and

(b) in giving such advice and information act in a manner consistent with the authority’s duties under this Act.

(3) An education authority are, in respect of each financial year, to determine for a parent forum established for a school in their area, an allocation of such money within the authority’s budget as appears to the authority, after consultation with the forum, reasonably to be required by the forum for meeting–

(a) its administrative expenses,

(b) the expenses of training its members, and

(c) its other outgoings in carrying out the functions assigned it by or by virtue of this Act.

(4) An education authority may provide a parent forum established for a school in their area with services or accommodation.

(5) An education authority is to inform a parent forum established for a school in their area about the school’s arrangements for consultation between parents and teachers; and the forum may make representations concerning those arrangements to the authority or to the headteacher.

(6) An education authority or headteacher receiving representations under subsection (5) is to take account of those representations and to reply to them.

10 Duties of education authority to parents generally

(1) An education authority are to give advice and information to any parent of a pupil in attendance at a public school in their area when that parent reasonably requests it from them on any matter relating to the education provided to that pupil.

(2) An education authority are to take such steps as appear to them to be appropriate to ensure that the headteacher and staff of the school–

(a) are available to give such advice and information to the parent in question, and

(b) in giving it act in a manner consistent with the authority’s duties under this Act.

11 Procedures for appointment of headteacher or deputy and participation of a parent forum

(1) An education authority are to inform–

(a) the Scottish Ministers, and

(b) any parent forum established for a school in their area, about the authority’s procedures (in this section referred to as their "appointment process") for filling any post, other than on an acting basis, of headteacher or deputy headteacher of a school and also (forthwith) about any change they make, whether or not by virtue of subsection (3)(b), to their appointment process.

(2) The appointment process must entail involvement in it of any parent forum established for the school to which an appointment is to be made.

(3) The Scottish Ministers may (either or both)– (a) by regulations, impose requirements which an appointment process must satisfy,

(b) by notice, require an education authority to make such changes to their appointment process as may be specified in the notice.

12 Complaints procedure

(1) An education authority are to establish a procedure by which a person, or someone acting on a person’s behalf, may make complaints (or other representations) in relation to the exercise by the authority of, or failure by them to exercise, any of their functions under this Act in respect of the person.

(2) Before establishing a procedure under subsection (1), the authority must consult–

(a) the parents to whom their duties under sections 1, 4 and 10 relate,

(b) any parent forum established for a school in their area, and

(c) any other person who appears to the authority to have an interest in their implementation of those duties, on the authority’s proposals in that regard.

(3) The authority are to keep the procedure so established by them under review and must vary that procedure whenever they consider it appropriate to do so.

(4) The authority are to give such publicity to that procedure, including that procedure as varied under subsection (3), as they consider appropriate and must give a copy of the procedure to any person who requests it (at no cost to that person).

13 Abolition of School Boards

(1) The School Boards (Scotland) Act 1988 (c.47) is repealed.

(2) A School Board appointed under section 1 of that Act ceases to exist when subsection (1) comes into force; and any property belonging to the Board then passes to the education authority.

(3) An appointment under section 6(10) of that Act (appointment to be Clerk to a Board) terminates when subsection (1) comes into force.

14 Interpretation

(1) Unless the context otherwise requires, expressions used in this Act and in the Education (Scotland) Act 1980 (c.44) have the same meaning in this Act as is given to them by section 135(1) of that Act except that "pupil" includes a child who is under school age only if that child is in attendance at a primary school (whether or not in a nursery class in such a school).

(2) In this Act, "parent forum" is to be construed in accordance with section 4.

15 Transitional provisions etc.

(1) The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes, or in consequence, of this Act.

(2) An order under subsection (1) may amend or repeal any enactment (other than any provision of this Act).

16 Orders and regulations

(1) Any power of the Scottish Ministers to make an order or regulations under this Act is exercisable by statutory instrument.

(2) Subject to subsection (3), a statutory instrument containing any such order or regulations, other than an order under section 17(2) is subject to annulment in pursuance of a resolution of the Parliament.

(3) A statutory instrument containing an order under–

(a) section 7(3), or

(b) subsection (1) of section 15 if the order is by virtue of subsection (2) of that section, is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.

17 Short title and commencement

(1) This Act may be cited as the Scottish Schools (Parental Involvement) Act 2005.

(2) This Act, except this section, comes into force on such day as the Scottish Ministers may by order appoint; but different days may be appointed for different provisions, for different areas, for different purposes or for different cases or classes of case.

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