Constitution - Wexford Education Support Centre

Preamble

This constitution will at all times be in accord with the ~Guidelines for the Administration of
Education Centres and Financial and other Procedures’ issued by the Department of
Education and Skills – Section 37, Education Act, 1998.

‘Education Support Centre’ means a place in which services are provided for schools,
teachers, parents, boards and other relevant persons which support them in carrying out their
functions in respect of the provision of education which is recognized for that purpose by the
Minister in accordance with subsection (2) of the Education Act 1998. (Education Act 1998)
This Constitution will at all times be in accord with the documents ‘Guidelines for the
Administration of Education Centres and Financial and other Procedures’ issued by the
Department of Education and Science (DES). (Section 37, Education Act, 1998)

1. Title
The Centre shall be known as “Wexford Education Support Centre” or “Ionad Tacaíochta
Oideachais Loch Garman”.

2. Objectives
The main object for which the body is established is to advance education through the
establishment and operation of an Educational Centre to provide continuous professional
development and support for teachers and the wider education community to develop and
strengthen teaching and learning capacity so as to maximise childrens’ opportunities to
achieve their full potential.

3. Aims and Objectives
The aims, objectives and functions of Wexford Education Centre, to the extent that its
resources permit, will be

3.1 To provide continuous professional development and support for teachers and the
wider education community, through meeting locally researched and identified
teacher and school community needs and also through involvement in national in-
service programmes.
3.2 To act, as far as possible, as a meeting and resource centre for the local school
community
3.3 To encourage research and innovation and other educational and cultural functions as
the Management Committee may from time to time prescribe.
3.4 To be involved, as a strategic resource within education, in a range of national and
other projects, programmes and initiatives as may be decided by the Minister,
following consultation and in partnership with Education Centres, for implementation
in the education system from time to time.
3.5 To develop expertise in key areas as agreed by the Centres in consultation and
partnership with the Department and to share such throughout the Education Centre
network and the education system in general.
3.6 To co-operate and engage with other Education Support Centres so as to ensure an
effective network of Education Centres is established.
3.7 To sustain and continue to develop links with national and international agencies in
the promotion of school leadership and the development of the school as a learning
community.
3.8 To actively promote its role in regard to all of its functions.
3.9 To provide other services and supports as may be requested by the Minister and
observe the terms of circulars issued by the DES

4. Membership

4.1 Membership is open to teachers who are normally resident or teaching in the general
area in which a Centre is located and who are registered with the Teaching Council.
a) Representative of parents and school management in a Centre’s area who have
been nominated to the Centre’s Management Committee in accordance with the
Centre’s constitution.
b) Retired teachers
c) Allied personnel in specialist areas such as legal and financial areas may be
nominated to the Centre’s Management Committee.
4.2 The Management Committee may, by a two thirds majority of those present and
voting, admit to membership of the Centre other persons who shall be proposed and
seconded by 2 members of the Management Committee.

4.3 The Management Committee may revoke membership of the Centre by a two thirds
majority of those present and voting where such action has been proposed and
seconded.
4.4 Non-members will not be admitted to meetings, including sub-committee meetings
and the AGM except by invitation of the Management Committee and will then be
bound by current Centre policy.

5. Management Committee and Officers
5.1.1 The Management Committee shall be responsible for ensuring that the Centre carries
out its full range of functions in an effective and efficient manner and that all its
guidelines, procedures and other circulars, terms and conditions relevant to the
Centre, as notified by the Department are fully and completely observed.
5.2.1 The Centre shall be managed by a Committee of between seven and ten teachers
elected annually by members at the AGM. Due regard will be given to achieving a
balance between Primary and Post Primary Teachers.
5.2.2 The Management Committee may co-opt a maximum of three other members to act
on the Committee.
a) There should be not more than two members representing parents in the Centre’s
area. Arrangement for selection of Parents will be decided by the Management
Committee.
b) Where possible the Management Committee should include a Primary Teacher,
Post Primary teacher, a Principal, a Teacher/Lecturer from a third level college, a
Parent’s Representative, a representative of early childhood education and a retired
member of the teaching profession.
5.2.3 Directors are ex officio members of Committees and are secretaries to Committees
but are not allowed to act as Chairperson, Deputy Chairperson or Treasurer.
a) The officers of the Management Committee shall consist of Chairperson, Deputy-
chairperson and Honorary Treasurer elected annually by the Management Committee
from among its members. Where officer positions become vacant during the year,
these may be filled for the remainder of the year by the Management Committee in
the same manner as the original appointments were made. The Chairperson will be
elected from the teacher members of the Management Committee as will at least one
other of the officers.
b) A person cannot be a member of more than one education Support Centre
Management Committee simultaneously.
c) The Management Committee shall be entrusted with the general administration of
the Centre and shall have control of all funds and assets.

d) Failure to constitute a Management Committee: In the event that it is not possible
to constitute a Management Committee as provided above, the outgoing committee
shall remain in place until an Extraordinary General Meeting is called.
e) In the event of difficulties arising in relation to the formulation of a Management
Committee the Department of Education and Skills shall be informed.

Guidelines for Committee Meetings
5.3.1 The attendance of non-members at meetings is permitted only by invitation of the
Management Committee.
5.3.2 A Recording Secretary should be appointed prior to each meeting to assist with taking
minutes.
5.3.3 Where possible, Management Committee meetings should take place at least six times
a year.

Sub-committees
Management Committees shall establish sub-committees as outlined in the Financial
Guidelines and any other sub-committees that they deem essential to the efficient running of
the Centre.

6. Annual General Meeting

6.1 Policy shall be defined at the Annual General Meeting.
6.2 This meeting, which will be open to teaching members of the Centre, shall be held
once the external audited accounts are received and approved, of which ten working
days’ notice shall be given to members when advertising the AGM.
6.3 The following business shall be transacted:
a) The election of a Management Committee
b) Consideration of the Chairperson’s Report
c) Consideration of the Director’s Annual Report of activities in respect of the twelve-
month period ending the preceding 31st December.
d) Consideration of the Honorary Treasurer’s statement of Accounts for the period
ending 31st December of the previous year.
e) Consideration of a Programme of Activities by the Centre for the period ending
31st December of the following year.

6.4 Motions to be discussed shall be notified to the Director in writing and received by
him/her at least five working days beforehand. Included with each motion shall be the
name of the proposer and seconder. To be carried, such motions shall require a simple
majority of those present and voting.

6.5 Amendments to the Constitution shall be notified to the Director in writing and
received by him/her at least five working days beforehand. Included with such
amendments shall be the name of the proposer and seconder. To be carried, such
amendments require a two- thirds majority of those present and voting.

6.6 The Director shall call an Extraordinary General Meeting on the instructions of the
Management Committee or within fifteen days of receipt of a written requisition
signed by fifty members. A notice of such meeting shall be advertised at least five
working days before the date of the meeting. A copy of the annual report will be
forwarded to the Department following the AGM.

7. Director
7.1 The Management Committee, subject to the sanction of the Department of Education
and Skills, shall appoint a Director.
7.2 The Director shall be an ex-officio member of the Management Committee, without
voting rights.
7.3 The Director shall be responsible for ensuring that the Centre carries out its full range
of functions in an effective and efficient manner and that all its guidelines, procedures
and any other functions, terms and conditions relevant to the Centre, as notified by the
Department, are fully and completely carried out.

8. Finances
8.1 The Centre may receive and administer funds from the Government and other sources
for the purposes which are consistent with this constitution.
8.2 The financial year shall be from January 1st to December 31st.
8.3 The Centre’s funds shall be retained in a bank account or accounts.
8.4 The Director shall be empowered to retain a sum not exceeding three hundred euro as
petty cash.
8.5 The Management Committee shall annually present a Financial Report, together with
a statement of income and expenditure, to the Annual General Meeting and the
Department of Education.

8.6 The Management Committee shall be empowered to levy fees to cover the cost of
services it provides.
8.7 Payments to the Centre shall, as a rule be made by online payment where possible.
8.8 The signatories to the Centre’s accounts shall be the Honorary Treasurer and Director.
Two signatures only are required.
8.9 The financial management of the Centre will be in accordance with the policies and
procedures in place at the Centre which shall include but will not be limited to the
guidelines issued by the Department and the Performance Delivery Agreement
between the Centre and the Department.

9. Income and Property
The income and property of the trust/body shall be applied solely towards the promotion of
main object(s) as set forth in this Deed of Trust /Constitution / Rules. No portion of the
trust/body’s income and property shall be paid or transferred directly or indirectly by way of
dividend, bonus or otherwise howsoever by way of profit to members of the trust/body. No
charity trustee* shall be appointed to any office of the trust/body paid by salary or fees, or
receive any remuneration or other benefit in money or money’s worth from the trust/body.

However, nothing shall prevent any payment in good faith by the trust/body of:

a) reasonable and proper remuneration to any member or servant of the trust/body (not
being a charity trustee) for any services rendered to the trust/body;
b) interest at a rate not exceeding 1% above the Euro Interbank Offered Rate (Euribor)
per annum on money lent by charity trustees or other members of the trust/body to the
trust/body;
c) reasonable and proper rent for premises demised and let by any member of the
trust/body (including any charity trustee) to the trust/body;
d) reasonable and proper out-of-pocket expenses incurred by any charity trustee in
connection with their attendance to any matter affecting the trust/body;
e) fees, remuneration or other benefit in money or money’s worth to any Company of
which a charity trustee may be a member holding not more than one hundredth part of
the issued capital of such Company;
f) Nothing shall prevent any payment by the trust/body to a person pursuant to an
agreement entered into in compliance with section 89 of the Charities Act, 2009 (as
for the time being amended, extended or replaced).

*charity trustee as defined by section 2(1) of the Charities Act, 2009

10. Winding-up
If upon the winding up or dissolution of the trust/body there remains, after satisfaction of all
debts and liabilities, any property whatsoever, it shall not be paid to or distributed among the
members of the trust/body. Instead, such property shall be given or transferred to some other
charitable institution or institutions having main objects similar to the main objects of the
trust/body. The institution or institutions to which the property is to be given or transferred
shall prohibit the distribution of their income and property among their members to an extent
at least as great as is imposed on the trust/body under or by virtue of the Income and Property
clause hereof. Members of the trust/body shall select the relevant institution or institutions at
or before the time of dissolution, and if and so far as effect cannot be given to such
provisions, then the property shall be given or transferred to some charitable object with the
agreement of the Charities Regulator. Final accounts will be prepared and submitted that will
include a section that identifies and values any assets transferred along with the details of the
recipients and the terms of the transfer.

11. Additions, Alterations or Amendments
The organisation must ensure that the Charities Regulator has a copy of its most recent
governing instrument. If it is proposed to make an amendment to the governing instrument of
the organisation which requires the prior approval of the Charities Regulator, advance notice
in writing of the proposed changes must be given to the Charities Regulator for approval, and
the amendment shall not take effect until such approval is received.
The Centre’s Constitution must not conflict with the Guidelines agreed between the
Education Centres and the Department of Education and Skills, the Financial and other
Procedures documentation or any other regulations applicable to Education Centres.