Scheme of Administration
SECTION 12
EDUCATION APPEALS
Constitution
1. The rules for the formal constitution and membership of Education Appeal Committees are laid down in the Education (Scotland)
Act 1980.
There may be up to three different categories of membership of an Appeal Committee as follows:-
(a) Members of the Council who are not members of the Education Executive.
(b) Members of the Education Executive (including non-elected members).
(c) Lay members.
The following arrangements apply in respect of the selection of the Panel and individual Appeal Committees.
Appointment of Panel
2. A Panel from which members of Appeal Committees shall be drawn shall comprise 52 persons as follows:-
(a) The Convener, who shall be Chairman of the Panel.
(b) Vice-Chairman of the Education Executive, who shall be Vice-Chairman of the Panel.
[Neither of these persons may chair an Appeal Committee.]
(c) 11 Members of the Education Executive.
(d) 21 Members of Council who are not members of the Education Executive.
(e) 18 persons who are not members of the Council or the Education Executive and who are either parents of children of school
age or persons having experience in education or persons acquainted with the educational conditions in the area, and who are
members of the nominated School Boards - one to be nominated by each Secondary School Board and by the School Board for the
largest primary school in each of the catchment areas for the nine secondary schools. In the event of any such primary or
secondary school not having a Board or of any Board declining to provide a nominee, then a nomination will be sought from
the School Board of the next largest primary school and so on.
Functions Referred
3. The following functions shall stand referred to the Committee:-
(1) Appeals by parents against decisions of the Council acting as Education Authority as to the schools, excluding nursery
schools or classes, which their child or children should attend.
(2) Appeals by parents against decisions of the Council acting as Education Authority to exclude their child or children
from school.
(3) Various appeals by parents in connection with their child or children being recorded as having marked or continuing special
education needs.
Duration of Appointment
4. The term of office of members of the Panel shall be:-
(a) In the case of Members of the Education Executive or of the Council, from the date of their appointment until the date
of the next Council election.
(b) In the case of persons nominated by School Boards, from the date of their appointment until the date when they are next
due to stand down, or stand for re-election, in accordance with the School Board's electoral cycles.
Selection of Appeal Committees
5. (a) Each Appeal Committee shall be selected by the Head of Corporate Administration or his authorised representative in
consultation with the Chairman of the Panel, or, in his absence, the Vice-Chairman of the Panel.
b) Each Appeal Committee shall comprise of 5 persons being:-
- 3 Members of the Education Executive or of the Council from the Panel.
- 2 other persons from the Panel.
(c) In the event of all 5 persons not being in attendance at a hearing of an appeal, the Appeal Committee shall be reduced
to 3 persons including not less than:-
- 1 Member of the Education Executive or of the Council from the Panel.
- 1 other person from the Panel.
(d) The Head of Corporate Administration or his authorised representative, in consultation with the Chairman or, in his absence,
the Vice-Chairman of the Panel, shall appoint the Chairman of the Appeal Committee.
Administrative Arrangements
6. The Head of Corporate Administration or his authorised representative shall act as Clerk to the Appeal Committee and the
Director of Education and Lifelong Learning or his representative shall present the case for the Council at any Appeal Committee
hearing.
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