The responsibilities of the governing body of the state–aided school

Abstract

The declaration of state-aided schools has had a profound effect on the educational management and legal status of such schools. The state-aided school has assumed a juristic personality with the governing body, as the representative of the state-aided school, being vested with the management, control and executive power of the school. The consequence has been that the govern1ng body, while being vested with greater powers, is also in a position of having to assume the legal responsibility for those powers. The governing body, therefore, in its management of the state-aided school, has to work within the framework of the law, as set out in the Education Affairs Act (House of Assembly) 70 of 1988, and according to the Regulations made in terms of the Act No. 70 of 1988. This study is directed at analysing the Act (70/1988) and the Regulations in order to identify those sections of the law which have a direct bearing on the responsibilities of the governing body. Thereafter data from an empirical study as used to determine if the governing bodies of secondary schools are aware of their statutory responsibilities, if they understand those responsibilities, and in the practical management of the school, if they meet the requirements of the law. A questionnaire based on the analysis of the Act (70/1988) and the Regulation was compiled. Information received from the principals of the sample schools, in their capacity as members of the governing body, was used to tabulate the data, analyse the results and draw certain conclusions. The most important findings of the investigation are as follows: * Governing bodies appear to have a reasonable knowledge of how to handle certain limited, practical situations in accordance with the applicable provisions of the Act (70/1988) and the Regulations. * Governing bodies adhere by-and-large to the requirements regarding official and administrative documentation. * However, according to the assessment of Headmasters, as executive members of the governing body, in the case of a majority of governing bodies, their overall knowledge, understanding and interpretation of the provisions of the Act (70/1988) and the Regulations made in terms of the Act,. as well as of related legislation, seems to be lacking. This finding casts a doubt on the ability of some governing bodies to meet the statutory requirements of their management task. The conclusion was reached, that governing bodies in general will have to make a concerted effort to study the statutory provisions of the Act (70/1988) and the Regulations, as well as related legislation, which have a specific bearing on their managerial task in the state-aided school.