For those of you who have been involved in the governance or leadership of schools for several years, you will be aware of the ever-increasing level of responsibility being imposed on school governing bodies by regulators. Registration language, for example has moved from terms such as “obligations” to “responsibility” and now, more recently, to the “accountability of the governing body”.
This should not be considered to be a bad thing. Governing bodies of schools are ultimately accountable for the safety of all students and staff and, through the principal, for the education of the children. They are also accountable for enterprise risk management, finances, teaching and learning facilities and, above all, for being the drivers of school culture.
In addition, if a governing body is governing effectively, then a substantial portion of their time will be spent on strategic planning and strategic issues such as developing, reviewing, communicating and monitoring the implementation of their strategic goals and strategic risks including:
These issues have not been missed by the regulators. They are looking closely at the accountability of school governing bodies in relation to these specific issues and others. These are not matters that any school governing body should leave to chance.
The school regulators in each state and territory are adding to the governance requirements and spelling out in much more detail the responsibilities and accountabilities of school governing bodies.
The regulators now clearly articulate that it is the governing body’s responsibility to govern the school effectively and will hold a governing body accountable if there are failings at a school level. The requirements ‘around the grounds’ are set out below:
In addition to the requirements of the regulators, there have also been increased legislative regulation requirements such as changes to the Corporations Act (Cth) in relation to whistleblowing and the governance requirements of the ACNC. The recent ‘Banking Royal Commission’ and the Royal Commission into Institutional Responses to Child Sexual Abuse have also highlighted inadequacies in governing body oversight and other governance failures.
Finally, and of equal significance, general community expectations are rising with parents and carers frequently asking questions such as “why didn’t the board do this?” or “why has the board done nothing about this?”’ and so on, especially when something goes wrong. The community also has expectation that schools will run in a more corporate and accountable manner rather than the way they may have been run in years gone by. Many schools are yet to fully understand that one of the key objectives of any school governing body should be to maintain the highest possible standards of organisational governance.
All of this context leads to the following issues for schools:
Being a member of a not-for-profit non-government school governing body should be more than a line on a CV or perhaps used for social media kudos. People who volunteer as governing body members now face rigorous scrutiny regarding their skills and capabilities and their ‘fit’ with the school’s ethos, mission and values. They must also meet stringent child safe requirements in some states and territories, for example being Blue Card holders in Queensland.
As a result of the ever-increasing requirements regarding governing body member capabilities and the increasing scrutiny and accountability, good quality school governing body members are not easy to find.
School governing bodies are ordinarily structured on the basis of the school constitution and the rules of association or incorporation. The constitution sets out the expected numbers, roles and responsibilities of this body. The constitution may indicate, for example, that there must be one or two parent representatives. Some constitutions also provide direction on the inclusion of alumni ex-students and the qualifications required of a board treasurer or secretary.
Some state and territory regulators are now reviewing school board composition and are including regulatory guidelines within their documentation for school registration and compliance. For example, in Western Australia, in the Guide to The Registration Standards And Other Requirements For Non-Government Schoolsit states: “In assessing fitness and propriety, the Director General will also consider the skills, experience and qualifications the members bring to their governing body roles. As they must be fit and proper persons to operate a school, it is expected that the governing body will include people not only with business-related skills but also with experience, skills or qualifications in an education field”.
Schools, therefore, should:
A school’s governing body is no longer a group that meets once a month and argues about the budget or maybe changes to the school uniform. They are more accountable than ever for their decisions and how they govern their school.
When a school is well-governed the whole school community benefits - students are safer, staff are happier, educational outcomes improve, community confidence increases, and the reputation of the school is enhanced.
Jonathan Oliver
Jonathan is a Principal Consultant working with CompliSpace education clients. He has more than 10 years experience in the school sector as a teacher, compliance and legal adviser and more recently as a Business Manager. Jonathan has been a solicitor for nearly 30 years and worked in both private practice and community legal centres.
Craig D'cruz
With 37 years of educational experience, Craig D’cruz is the National Education Lead at CompliSpace. Craig provides direction on education matters including new products, program/module content and training. Previously Craig held the roles of Industrial Officer at the Association of Independent Schools of WA, he was the Principal of a K-12 non-government school, Deputy Principal of a systemic non-government school and he has had teaching and leadership experience in both the independent and Catholic school sectors. Craig currently sits on the board of a large non-government school and is a regular presenter on behalf of CompliSpace and other educational bodies on issues relating to school governance, school culture and leadership.