The Deed of Trust for Community Schools

Last updated: Fri, Sep 6th, 2019 6:36:56 pm

The DEED OF TRUST is the legal instrument which governs the establishment and management of a Community School.

It consists of three sections.

  • MODEL LEASE FOR A COMMUNITY SCHOOL

  • THE FIRST SCHEDULE - INSTRUMENT OF MANAGEMENT

This sets out the composition of Boards, procedures for election of members, procedures for the appointment of the Secretary and the election of the Chairperson and other matters related to the operation of Boards.

  • THE SECOND SCHEDULE—ARTICLES OF MANAGEMENT

This sets out the purposes of a Community School, the operational arrangements for the Board, the responsibilities of the Board and the Indemnity which the State provides to Community Schools in lieu of insurance.

Community School Trustees

The MODEL LEASE provides for the nomination by the religious order(s) involved in the establishment of the school, or, where no religious order is involved, by the local Bishop, and by the local Education and Training Board (ETB) of Trustees (Patrons) for appointment by the Minister for Education and Skills. It also sets out the details of the lease of the property from the Minister to the Trustees.

In accordance with the terms of the MODEL LEASE the TRUSTEES shall, inter alia,
"hold the Trust property upon trust for the purposes of the School (to be established with the object of providing a comprehensive system of post-primary education open to all the children of the community, combining instruction in academic and practical subjects and ongoing education for persons living at or near aforesaid and generally for the purpose of contributing towards the spiritual, moral, mental and physical well-being and development of the said Community) so long as the said lease shall be in existence or until the said lot shall be sold in accordance with the provisions of clause 7 hereof." [Clause 4]

In accordance with the FIRST SCHEDULE, the religious and ETB Trustees each nominate three members to the Board of Management of the School.

The Community School Deed of Trust was first developed in order to facilitate the establishment of schools under the joint patronage of Catholic Religious orders and the local VEC (now the ETB). The Department of Education and Skills has recently defined the term "Community School" to include any school which is under the joint patronage of a private body and an ETB. Such schools are deemed to be subject to the same regulations and conditions as set out in the Community Schools Deed of Trust, subject to any amendments required to reflect a particular denominational element in its patronage. The Department of Education and Skills further specifies that ACCS will be the recognised management body representing these schools.