Academy conversion

1. Academy conversion Nov 2011 National Governors’ Association www.nga.org.uk governorhq@nga.org.ukl

2. Who are we? • A membership organisation representing the school governors (from both maintained schools & Academies) in England at national level • NGA aims to improve the effectiveness of governing bodies by providing expert and tailored information, advice and training • We publish a Q&A for our members on academy conversion • We do not advise governing bodies whether to convert: you must do what it in the best interests of your children & young people

3. Academies – What are they? • Independent state schools • Answerable to the Secretary of State • Exempt Charities • Companies Limited by Guarantee • Governed by Academy Trust, usually with most duties delegated to a Governing Body

4. Who can become an academy? • All maintained schools • Schools ‘performing well’ do not require sponsors • Free Schools • Secretary of State can decide if the school is ‘eligible for intervention’ Otherwise it is the governing body’s decision

5. What is ‘high performing’? • The school’s three year exam trajectory; • Comparison with local and national exam performance; • Latest Ofsted report with a focus on capacity to improve, outcomes and leadership and management; • Any other evidence the school may rely on to demonstrate that it’s performing well.

6. What is the process for conversion? The NGA recommends the following process: • GB takes an initial decision to consider academy status • Register an interest with DfE • Working group to gather all the information • Single issue GB meeting • Consult stakeholders .... and after consultation • GB to take formal decision whether or not to apply • Legal Advice : the formal legal process towards conversion will now start

7. CONSULTATION • NGA lobbied for consultation to be included in Act • Academies Act requires GBs to consult ‘relevant partners’ before signing funding agreement, but not before Academy Order • But NGA recommends that GBs consult before they apply: • Parents, staff, pupils, local authority, other schools • Specific rules for schools with Foundation Bodies • TUPE

8. Issues to consider Will academy status improve teaching and learning? Do we need to convert in order to achieve what we want to achieve for children? What would we do with the freedoms? Are we ready for the additional responsibility?

9. Financial considerations • Equivalent funding • Additional money is for additional responsibilities – what will they cost? • Do you have staffing capacity & skills to carry out additional responsibilities • Funding on academic year basis • Funding can go up or down in future years • Ready reckoner

10. Services to be procured • Central staff costs, including pensions, maternity cover, redundancy, early retirement • SEN support & behaviour support services • Education Welfare Service • Licences and Subscriptions • School meals & kitchen; FSM assessment • Music, visual and performing arts services • Outdoor education services • Asset management costs • School improvement services etc: see DfE website

11. Freedoms • Freedom from ‘local authority control’ • Freedom from following the National Curriculum • Ability to set your own pay and conditions • Ability to change the lengths of terms and school days

12. GOVERNANCE • The Governing Body of the maintained school makes the decision to convert • Articles of Association • Academy Trust set up and sign funding agreement with Secretary of State • The Governing Body of the maintained school will cease to exist on conversion • Academy Trust delegates functions to the new Governing Body • Directors of the Company: limited by guarantee

13. GOVERNANCE: the Trust • Articles of Association (AoA): negotiate • Members of the Trust will be set out: • No less than 3 signatories to the memo of association • The Chair of governors • Optionally, up to x members appointed by relevant body eg Foundation • A person appointed by the Secretary of State if he wishes • Any person appointed unanimously by the other members • NGA advice is 3 is too few members • Who appoints who: accountability • Academy Trust members sign funding agreement with SoS & other contracts

14. New governing Body In converter academies: • At least 3 governors but no maximum size • A number appointed by the Trust • Principal (Headteacher) – Ex Officio • Staff governors (if agreed up to one third) • Parent governors (minimum 2 elected) • LA governor (if agreed one, LA appoints) • Co-opted governors (up to 3)

15. GOVERNANCE: the GB • Academy Trust delegates functions to the Governing Body (but see ‘multi’ models) • DfE describes the GB’s key responsibilities as: • Ensuring the quality of education provision • Challenging and monitoring the academy’s performance • Managing the Trust’s finances & property • Employing staff • Practice of governing is similar to maintained schools

16. Working with others • Supporting a less successful school • Going as a group with a partnership agreement: informal & formal • A “multi-academy” – various models • All through academies • Chains & brands • Federating: several schools with a single governing body

17. In summary • Is this the most important thing you need to be doing now to raise attainment? • No need to rush – no deadline now (was bonus for those who converted by 31 August) • Do your homework: • list all the services you will need to procure and consider if you have the capacity • Consider the model funding agreement & AoA • Consult early • Talk to other schools

18. Join us Standard NGA membership for a school GB is £63 and you receive: • weekly e-newsletter for all governors, • five copies of the bi-monthly 40 page NGA members’ magazine Governing Matters, • access to the members’ area of the website, • a free place at NGA member regional events and national conferences. GOLD membership is £250 and includes access to legal advice