THIS INDENTURE made the           day of             20     BETWEEN the MINISTER

FOR EDUCATION AND SCIENCE (hereinafter called “the Minister”) of the One Part and

Most Reverend                               of                                    (hereinafter  called “the Bishop”) of

the Other Part is supplemental to and intended to be read in conjunction with the within Deed of Trust.

WHEREAS:

The within Deed of Trust and in particular the Scheme in the First Schedule thereto, provides inter alia that the Minister, in consultation with the Bishop of the Diocese for the time being, may alter the terms of the Scheme from time to time.

The Minister in consultation with the Bishop, desires to amend the Scheme by providing for the inclusion of parent and teacher nominees on the Board of Management and to ensure that the appointment and dismissal of teachers shall conform with legislative requirements and such regulations as the Minister shall from time to time prescribe.

NOW THIS INDENTURE WITNESSETH that in pursuance of the said desire and in exercise of the said power to alter the Scheme, the Minister, in consultation with the Bishop HEREBY DECLARES AND AGREES that the within Scheme be hereby amended by the deletion of the within Scheme in toto and the substitution therefor of the following new Scheme.

SCHEDULE

THE SCHEME

COMPREHENSIVE SCHOOLS

The Minister

1

1. The Minister shall, in accordance with the provisions of Clause 2 below, appoint a Board of Management to manage each school. The object of the school is to provide a comprehensive system of education combining instruction in academic and technical subjects.

2. The Board of Management shall hold office for a period of five years and its Membership shall be renewed or replaced for subsequent quinquennial periods. Having regard to the provisions of the Education Act 1998, the Minister may, however, for what seems to him to be good and sufficient reasons, at any time request the replacement of a member of the Board of Management by an appropriate nominee.

Board of Management

2.

(1)         The Board of Management (hereinafter referred to as “the Board”) shall consist of eight members:

(i)     Two nominees of the Bishop of the Diocese wherein the school is situated, one of whom shall be nominated to act as Chairman;

(ii)   A nominee of the Vocational Education Committee;

(iii) The Chief Executive Officer for the time being of the Vocational

1.                  Educational Committee;

(iv) Two parents (in this Scheme “parent” shall have the same meaning as that provided for in the Education Act 1998) of a child who at the date of such election is currently enrolled and attending at the school and who is  resident in the area served by the school; such parents shall be elected to membership of the Board of Management by the parents of the school; one of the said two parents elected shall be female and the other parent shall be male; the parents so elected shall hereinafter be referred to as “the parents” nominees”;

(v)   Two members, who are serving, recognised teachers in the school (hereinafter referred to as “the teachers’ nominees”) shall be elected by all the teachers serving in the school at the time; for the purpose of this election the composition of the electorate shall comply with current legislative requirements.

(vi) The said eight members of the Board may decide to increase the size of the Board to nine members by the co-option of a person drawn from the community served by the school (which person may be drawn from a minority tradition within the said Community).

(vii)           The Principal shall normally attend all Board of Management meetings.

(2)         Where necessary the appropriate nominating parties/electorate shall nominate replacements or substitutes for Members of the Board.

(3)         The Board may nominate one of its members to act as Secretary, and arrange that the Principal of the School will act as correspondent.  Where it has been the custom and practice for the Chief Executive Officer of the Vocational Education Committee to act as Secretary, the said Chief Executive Officer will continue to act as Secretary.

(4)         The Board shall meet as often as necessary but not less than once a quarter. A special meeting may be held at any time at the written request of three of the members.

(5)         The proceedings at a Board meeting shall not be valid unless five members or duly nominated substitutes (in accordance with Clause 2 (2) above are present. In the absence of the duly appointed Chairman, or his substitute, one of the ordinary members shall act as Chairman.  A majority of votes of the members present and voting shall decide any question.  In the event of an equality of votes on any issue, the Chairman shall have a second or casting vote.

(6)         The proceedings of each meeting shall be recorded in a minute book, to be kept by the Secretary and the first business of each meeting shall be the reading, consideration and signing of the minutes of the previous meeting.

(7)         The Board is charged with the direct government of the school, the appointment and removal of teachers subject to the approval of the Minister, and the conducting of the necessary correspondence.

(8)         The Minister or the Board with the consent of the Minister may at any time forthwith determine the employment of any teacher on account of misconduct or for any other good and sufficient reason.

(9)         The Board shall be responsible for the maintenance and upkeep of the school out of monies provided for the purpose by the Oireachtas.

(10)     The Board, in relation to the appointment and dismissal of teachers, shall comply with any legislative requirement governing such matters, and such appointment procedures, regulations and qualification criteria as the Minister and/or the Teaching Council shall prescribe from time to time.

(11)     The Board shall enter into an agreement, on the official form supplied, with each member of the teaching staff of the school and the services of any member of the staff cannot be dispensed with by the Board except in accordance with the terms of this agreement.

(12)     The curriculum of the school shall include Religious Instruction and the hours of instruction shall be as laid down from time to time by the Minister.

(13)     The members of the Board shall take all necessary steps for the general supervision and the efficient working of the school; the appointment of a caretaker where necessary; the arrangement for cleaning services; and any other administrative duties necessary for the satisfactory functioning of the school.

Alterations

The minister in consultation with the Bishop of the Diocese for the time being, may alter the terms of the Scheme from time to time

.

IN WITNESS WHEREOF the seal of the Minister has been affixed hereto and the Bishop has signed his name and affixed his seal, the day and year first herein written.

PRESENT when the Official Seal

of THE MINISTER FOR EDUCATION AND SCIENCE

was affixed hereto and

was authenticated by the signature of:

SIGNED SEALED AND DELIVERED

by THE BISHOP

in the presence of: