Appointment of a Board of Management

Last updated: 16th February 2023

The nomination and election of members of an incoming Board must be completed at least one month before the date of expiry of the term of office of the existing Board and must be ratified by the Trustees. The new Board so constituted assumes office when the term of office of the outgoing Board expires. The outgoing Board will normally initiate the procedures to ensure that its successor is in place in good time.

Provisions for the appointment of the first Board of a Community School are detailed in the Deed of Trust, First Schedule-Instrument of Management, 3(a).

Nominations by the Trustees to the Board of Management

The outgoing Board of Management should write to the nominating authorities (i.e. Trustees), requesting their nominations to the new Board, in adequate time to accommodate the completion of the process.

Election of Parent Nominees

Parents elect two Board members. The outgoing Board of Management should arrange for the election of Parent nominees. To be eligible for election, a parent must have a child attending the school at the time of the election.

Note: When elected, the Deed of Trust does not oblige a parent to resign from the Board when s/he no longer has a child attending the school. However, s/he may be removed from office by her/his electorate.

It should be noted that the electorate for nominating candidates for election and for electing parents to the Board of Management includes all parents/guardians of children attending the school at the time, whether they be members of the Parents Association or not. "Parent" is not defined in the Deed of Trust, but the Board could reasonably assume that the person/s exercising parental control over the child, either as natural parent/s or legal guardian/s, can be deemed, for the purpose of election, to be the parents. Boards are advised that a reasonable effort should be made to inform all parents/guardians in writing of the proposed election.

It is a matter for each Board to decide how to arrange for the nomination and election of parents. The Board may decide to hold a special general meeting of parents for the purpose of nominating candidates, or may decide to send a nominating paper to all parents with the letter of notice setting out the procedures to be followed. When nominations have been made, official pre-numbered ballot papers are prepared, if there are more than two candidates.

In Community Schools one of those elected must be a mother. If there is only one female candidate, she must be declared elected, even if there are a considerable number of male candidates. Since one seat is reserved for a mother, the election is then confined to the filling of the other seat which is open to either a mother or a father.

In Comprehensive Schools provision is made for the election of one father and one mother. Hence, there will in effect be separate elections for male and female candidates.

When issuing the ballot papers to the electorate short election addresses from each of the candidates may be circulated, if that procedure is agreed by the Board.

Whether to opt for a straight vote, with the option of voting for one or two people, or to use a P.R. system is a question for determination by each Board. What is important is the maintenance of high standards of fairness. This can best be guaranteed by putting the election and count under the control of an independent presiding officer and by providing her/him with the support and resources to prevent abuses such as impersonation.

It is important (especially if a straight vote system is being used) that there is a tie-breaking system, such as the toss of a coin, announced in advance of the elections. This is advisable as, with a relatively small electorate and the likelihood of a low poll, it is possible that two candidates may be tied on the same vote.

If a P.R. system is used it is important that the presiding officer is well versed in its operation and has given an advance outline of the process to be followed.

It is wise to keep ballot papers safely and in a carefully sealed envelope for a period of one year after an election.

Election of Teacher Nominees

The arrangements for the election of teacher nominees are entirely a matter for the outgoing Board of Management. The Board informs eligible teachers, i.e. teachers currently serving in the school at the time, by public notice or by individual letters, that, acting as one body, they may elect two of their number as their nominees on the Board for the forthcoming term. Arrangements are then made for the receipt of nominations, and, if more than two nominations are received, an election must be held. This election should follow the same general procedure as that outlined for the election of parent nominees.

All teachers, who are serving in the school at the time of the election, are entitled to vote. Teachers who are on career break, or on extended study leave, or on leave as a public representative, or seconded to the Department, and not currently serving in the school, are ineligible.

It is important to note that teachers who are on sick leave, maternity leave, or other approved leave, e.g., adoptive leave, sports leave, leave for jury service, have full eligibility to vote and to offer themselves as candidates. It is necessary, therefore, that Boards should inform such teachers by letter of the forthcoming elections and advise them of the nomination and voting procedures and relevant dates.

As elections are required to be held one month ahead of the commencement of the period of office of a Board (i.e. elections should precede August 1st, the starting date of the Board's term of office) there may be cases of teachers who are resigning on August 31st voting in the election of a Board which will not take up office until they are no longer teachers in the school. Conversely, a teacher who is on career break, but due to return to the school from September 1st, is ineligible to vote in the same election.

Notwithstanding such anomalous situations, Boards are obliged to adhere to the requirements of the DEED OF TRUST, First Schedule-Instrument of Management, Section 3 (a), paragraphs (iv) and (ix). However, while the Deed of Trust specifies that eligibility to participate in the election is confined to Permanent Wholetime Teachers, legislation requires that part time and temporary staff should enjoy equal status with their permanent colleagues.