Governance
Included within this section are examples of how the law applies to situations involving the board of trustees.
Governance v management
by Gubb and Partners – 2003
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Your recently elected board chairperson has sent you a fax about the level of bullying in the school. He has been given the name of one boy in particular. He wants to come into the school to interview Sebastian Forbes-Hamilton and will give you a summary of his investigation and recommendations.
Should you allow this?
Discipline subcommittees
by Gubb and Partners – 2003
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Your recently elected board is setting up its subcommittees. Over the last few years, the disciplinary subcommittee has had to deal with a few tricky personnel matters. Lawyers acting for teachers have challenged the subcommittee's powers and jurisdiction. You want to avoid this situation with the new subcommittee.
What can you do?
Out-of-court settlements
by Gubb and Partners – 2005
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An 'out-of-court settlement' is a pragmatic process used in legal disputes where the parties wish to avoid the cost and risks of litigation. In the school context, when a claim is made against the principal or board, it is carefully assessed by the school's insurer or its lawyers.
Equal Employment Opportunities policy - Carlson School
by Joslyn Christians
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The purpose of this policy statement is to ensure that all employees and applicants for employment are treated according to their skills, qualifications, abilities, and aptitudes.
Health and safety during a gala
by Gubb and Partners – 2005
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A group of parents has organised a school gala. During the gala, a student who paid for a hay tractor ride is bounced out of the trailer and badly hurt, requiring hospitalisation.
The parents of the boy are threatening a private prosecution under the Health and Safety in Employment Act and have laid a complaint with the Occupational Health and Safety Service.
Health and safety policy – Mahoney Primary School
by Neil Mahoney, Mahoney Primary School
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This is a policy put together by Mahoney Primary School to meet the needs of the Health and Safety in Employment Act 1992 and the Health and Safety in Employment Amendment Act 2002.
Schools and the Internet
by Gubb and Partners – 2003
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All schools now have access to the Internet. A legal memorandum by the National Association of Secondary School Principals (now SPANZ) (December 1997) emphasised the need to create clear policy guidelines for its use in schools.
Here is a series of practical considerations you may wish to consider if you have not already developed policy in this area.
Who judges the judges?
by Patrick Walsh
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A keynote address by Patrick Walsh, deputy principal, De La Salle College, 2002.
Policies, procedures, and bylaws
by Gubb and Partners – 2006
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There are a number of discreet legal issues around policies, procedures, and bylaws, which are useful to know in order to avoid legal risk.
