Schools Reconfiguration for Diversity: Information for School Patrons

The aim of the schools reconfiguration process is to create more multi-denominational schools in Ireland. The process helps schools to transfer their patronage from denominational (religious) patrons to multi-denominational (non-religious) patrons, if the school community want this. A denominational school is a school with a religious patron – the vast majority of primary schools are under Catholic patronage. A multi-denominational school is a school under a non-religious patron, where children learn about all faiths and belief systems through a multi-denominational programme. Examples include Community National Schools in the ETB sector, Educate Together schools and An Foras Pátrúnachta schools).

The Programme for Government includes a commitment to seek “to increase choice for parents by ensuring that families can access both multi/non-denominational and faith-based education”.

There are various aspects of school life that need to be considered when deciding to change school patronage. Each school has its own unique ethos and circumstances. The wishes of school staff, parents and the community may differ from school to school. Therefore, it is important to take a flexible approach to any transfer of patronage.

There may also be other considerations that are not addressed in these webpages.

The outgoing patron and incoming patron will need to discuss and agree many matters as part of a transfer of patronage.

It will take time for the patrons to agree these matters. It will also take time for the patrons to discuss these matters with the school community. The list below sets out some of the main matters to be considered. There may be other matters that we have not mentioned on this list.

Timeframe

The outgoing patron and incoming patron should agree a schedule for the transfer of patronage.

This schedule should allow time for:

• consulting with the school community about the transfer of patronage;
• arranging employment law notices, including Transfer of Undertakings (Protection of Employment) regulations (where relevant); and
• arranging teacher redeployment panels.

Some schools may need a lead-in time of a number of years before a transfer of patronage takes place. This will depend on local circumstances. In other cases, a shorter lead-in time may be appropriate.

Communicating with school communities

It is important that school communities get clear and consistent information.

The outgoing patron and incoming patron should agree on the timing and format of communications. This is particularly important for press releases or any public announcements before the transfer of patronage takes place.

Changing the Department of Education and Youth patron register

Once the outgoing and incoming patrons have agreed the practical arrangements discussed above (and any other matters that are unique to their school), the process for arranging for the necessary approval and amendment of the patron register held by the Department of Education and Youth is as follows.

The outgoing patron must write to the Minister for Education to request a voluntary transfer of patronage under Section 8 of the Education Act, 1998. The outgoing patron’s request should include details of the discussions he has had and identifying what patron body the outgoing patron wishes to transfer patronage to and request that the patron register is amended accordingly.

The Department will write to the proposed incoming patron asking for formal confirmation that the patron agrees to become the patron of the school and that the patron is satisfied that all appropriate arrangements are in train in this regard. These arrangements may include the following:

• practical and legal issues;
• that timelines and communication with the local school community has been discussed and agreed;
• what arrangements are in place for the appointment of a new board of management or a single manager as an interim measure

• an appropriate name for the school; and

• what arrangements are in place to allow (or otherwise) other parties to continue to use the school premises.

When confirmation is received from the proposed incoming patron, the Minister may agree to amend the patron register. This will be confirmed by letter to both the outgoing and incoming patrons.

The incoming patron appoints a new board of management

The Governance Manual for Primary Schools 2023 - 2027 sets out the procedures to be followed to appoint a board of management in a primary school. Section 3.7.3 of the manual covers what happens when a school changes patronage. The manual also contains a helpful overview of:

• the role of the board; and
• rules about the makeup and operation of boards.

When a transfer of patronage takes place, the incoming school patron should make arrangements to appoint a new board of management.

The term of office of the board operating under the outgoing patron shall cease to exist on the day prior to the first day on which the school is open to receive pupils under the new patron.

In the period pending the establishment of the new board the new patron shall manage the school or appoint a manager to discharge the functions of a board in accordance with section 14 of the Education Act, 1998.

If the incoming multi-denominational patron is an education and training board (ETB), that ETB becomes the employer of the staff of the school and the board of management is a committee of the ETB Board. The board of management will still have responsibility for matters that are not employment-related, for example:

• school policies,
• child protection; and
• school planning.

Further details are available in The Governance Manual for Primary Schools 2023 -2027.

The incoming board of management will be required to uphold the characteristic spirit of the school as determined by the incoming patron in accordance with the Education Act.

Queries in relation to the appointment of a board of management, or a manager pending the establishment of a board, may be forwarded by email to schoolgovernance@education.gov.ie

Financial and accounting issues

According to Section 18 of the Education Act, 1998:

• the school board of management must keep accounts of all income and expenditure of the school;
• the board must make sure that the school accounts are audited or certified in accordance with best accounting practice; and
• the board must make the school accounts relating to State and other funding available for inspection by the Minister and parents of students in the school.

Due diligence is required on the part of the outgoing patron and incoming patron on matters relating to the school finances, income and expenditure and bank accounts. This includes any debts and liabilities the school has. Agreement should be reached between the outgoing and incoming patrons about this.

The following details must be provided to the incoming patron and board:

• annual school accounts for the past six years;
• contracts of employment for all board employees, including those on leave;
• contracts with service providers, for example, cleaner companies and catering contracts;
• Details of any ongoing legal cases or redress issues that may potentially impact on the new patron;
• Details of any possible/potential legal cases or redress issues that may potentially impact on the new patron;
• Details of any legal agreements with third parties for example, preschools or after schools located in the school building and any licence agreements which are in place; and
• Details of any loans/overdraft facilities taken out by the board.

Assets:

The outgoing patron must make sure that all board of management assets are retained and preserved for the benefit of the incoming patron’s board of management.

Bank mandate: The outgoing patron should ensure that the members of its board of management arrange for the bank mandate for the school bank account to be amended in such manner as the incoming patron (and/or its board of management) directs so as to replace the outgoing members of the board of management with the new members of the board of management appointed by the incoming patron or ETB officials as authorised signatories on the bank mandate where applicable.

Debts:

All debts and claims which the outgoing patron or his board of management incurs in the course or in connection with patronage/management of the school should be settled in a timely manner prior to the transfer of patronage. All creditors and accruals must be ascertained to ensure that there are sufficient funds to cover them.

Contracts:

In the period before a transfer of patronage takes place, no board of management contracts should be cancelled or changed without the incoming patron’s prior written consent.

Donations: If any funds are transferred or donated by a third party to the outgoing patron/ board of management in respect of carrying on the patronage/management of the school, after the transfer of patronage has taken place, arrangements must be made to transfer this to the incoming patron/board of management/school account as appropriate.

Handover meeting:

Both outgoing and incoming patrons must ensure a handover meeting is arranged between the outgoing and incoming boards of management. At that meeting, a handover document and checklist that includes all practical matters signed off by the outgoing board should be provided to allow for a smooth transition.

Funds in the bank account

It is expected that all, or the vast majority of, funding in the school bank account will be kept for the continuing benefit of the school after the transfer of patronage takes place, unless there are very clear and specific reasons not to do so.

State funding

All State funding provided for the school students will stay with the school or will be transferred to the ETB where applicable.

Locally raised funding must be discussed

The position with any balance of locally raised funding will need to be considered by the outgoing and incoming patron. The appropriate approach to this will depend on factors for example, the purpose for which the fundraising was conducted. Any fundraising that was done for a specific purpose would have to be spent on that particular purpose and this may not be necessary/appropriate under a new patron.

If proposing to change use of specific purpose funds (also called restricted funds / designated funds)

Approval from the Charities Regulator may be required if it is proposed to re-direct funds raised by fundraising to a purpose which differs from the purpose for which the funds were raised. Contact the Charities Regulator’s office: info@charitiesregulator.ie or 01 633 1500. The approval process involves a regulatory application which may include requesting the Charities Regulator to exercise discretionary statutory functions. The alternative to a regulatory application is a High Court application, and accordingly a similar standard of application documentation is required. The Charities Regulator has extensive guidance on its website, including Guidance on Charity Reserves which deals with specific purpose funds.

All school financial information must be kept for the past six years and for the current year. If a school moves to another sector, for example if it becomes a Community National School under an ETB, that school must report to the Financial Support Services Unit (FSSU) up to the date of the move for the purposes of year-end accounts.

The FSSU is an important source of advice and support for school management and finance personnel on financial governance matters. If you have a question about financial arrangements for a transfer of patronage, please email the FSSU: primary@fssu.ie (for primary schools) or info@fssu.ie (for post-primary schools).

Review and Submit Annual Report

The outgoing patron should ensure that the Annual Report to the Charities Regulator is filed on time.

All charitable organisations are obliged to report on their financial activities to the Charities Regulator. To facilitate schools, the FSSU shares the required financial information with the Charities Regulator. This information is pre-populated in the Charities Regulator’s annual report form for your school. Schools must log in to their Charities Regulator MyAccount via the online portal, review the prepopulated information to ensure it is correct, and submit the Annual Report by the 30th of June each year. For further information see the FSSU website.

All appropriate, relevant books and records relating to the outgoing patron’s time as patron must be made available to the incoming patron. These include:

• any records that the outgoing patron (in his capacity as patron of the school) was required by law to keep; and
• all relevant books and records of the outgoing board of management relating to the management of the school.

The outgoing patron, the incoming patron and the relevant boards of management should comply with all data protection laws. This includes having a clear lawful basis for sharing and receiving personal data, when sharing these records.

The outgoing and incoming patrons and boards of management must have appropriate data protection policies and procedures concerning the collection, use, storage, retention and security of personal data in place.