Today, I consider an aspect of school administration which I have not addressed in this column before.
I refer to the role of boards of management in schools.
They are established for public secondary schools under the Education Act.
Their functions are set out in Section 17 of the Education Act and Section 2 of the Education Regulations, 1982 – Section 17 of the Act
“For the purposes of this Act . . . the board of management (a) is responsible for implementing the Minister’s policy and for that purpose may give directions of a general nature to the principal;
(b) shall receive, disburse and account for the expenditure of moneys voted by Parliament for the operation of the school.
(c) may, subject to this Act,
(1) employ persons of such categories, in such numbers and on such terms and conditions as may be prescribed, and
(2) dismiss and otherwise exercise disciplinary control over those persons;
(d) may receive in its corporate name in trust for the people of Barbados towards the advancement of secondary education any estate or property, real or personal, whether by way of devise, bequest, legacy or in any other manner;
(e) may make recommendations to the minister with regard to any matter directly or indirectly affecting any school or the development of secondary education generally,
(f) may appoint committees consisting wholly or partly of members of the board,
(g) may make standing orders for the conduct of its business or the business of any of its committees,
(h) may perform such other functions in relation to the school as the minister requires to be performed or as may be prescribed.”
Section 2 of the Education Regulations
2. (1) A board of management, in these regulations referred to as the “board” is, in respect of any school that it is appointed to administer, responsible to the Minister for
(a) the general supervision and efficient maintenance of the school;
(b) the expenditure of grants to the school;
(c) dealing with charges of serious breaches of discipline brought against a pupil of the school;
(d) submitting to the Minister such reports, statements and other documents relating to the management of the school as the Minister requires; and
(e) reporting to the Minister any contravention of the Act or of these regulations.
(2) Any member of the board may in pursuance of his duties under paragraph 1 visit a school during normal school hours on giving normal notification to the principal.”
The issues that have been raised with me concerning board members are:
(1) Can a board member enter the school’s premises without the permission of the principal?
(2) Can the principal order a board member off the premises?
The regulations clearly permit any board member to visit the school “during normal school hours”.
It would seem that the principal could order a board member off the premises if he enters upon the premises within school hours for an unauthorised purpose or without prior notification to the principal since under the regulations the principal has control of the building and premises.
Principals should note, however, that their control of the premises is subject to the policy of the minister and the general directions of the board.
Ideally, except in a case of emergency, board members should give the principal reasonable notice prior to entering the premises in pursuance of their duties and should also state the purpose of their visit.
The relationship between the board, the principal and the Ministry of Education and the functions, duties and powers of each cannot be fully appreciated without knowledge of the Education Act and Regulations.
Matters related to legal aspects of the management of schools will be my focus over the next few weeks.
• Cecil McCarthy is a Queen’s Counsel. Send your letters to Everyday Law, Nation House, Fontabelle, St Michael. Send your email to [email protected]
