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The Government today (November 22) gazetted the Education (Amendment) Bill 2002 for implementing a participatory, open, transparent and accountable school-based management governance framework in aided schools along with their enhanced flexibility and autonomy in managing the school and the use of resources.

Speaking at a press briefing on the Bill, the Director of Education, Mr H F Lee, said: "As proposed by the Advisory Committee on School-based Management, the Bill is introduced to achieve this objective through the participation of various key stakeholders, including teachers and parents, in the school management committee (SMC)."

"Under the Bill, the management committee of an aided school will be incorporated as a separate legal entity known as the incorporated management committee (IMC). A clearly defined statutory school-based governance framework will be provided and the requirements on the composition, nomination or election of members, operation and constitution of the IMC will be set out in the Bill."

"At present, school managers may attract civil liabilities in the course of their duties. The act of incorporation is to protect managers who act in good faith from incurring civil liabilities in carrying out their duties," he explained.

On the composition of the IMC, Mr Lee said that it would include school sponsoring body (SSB) managers (not exceeding 60 per cent of the maximum number of managers allowed under the constitution of the IMC), one or more elected parent managers, one or more elected teacher managers, the principal (ex-officio member), alumni and independent managers.

"In case only one teacher manager and one parent manager are in the IMC, there will be one alternate teacher manager and one alternate parent manager who may attend SMC meetings with full members and enjoy the same rights save the voting right. But when full members cannot attend SMC meetings, they will be entitled to vote with the same liabilities as other registered managers," he said.

In order to enhance the transparency of school management, managers are required to declare pecuniary or other personal interests to the IMC under the Bill. ED will register the school managers and make their information (including name, tenure and representing sector) available to the public.

The Bill will provide for further grounds on which registration of school managers may be refused or cancelled, such as a manager registered with five or more IMC schools or a manager failing to produce a certificate issued by a registered medical practitioner upon request of the Director of Education.

It will also provide for the establishment of a principal selection committee for the purpose of nominating a suitable candidate to be the principal of an IMC school.

At present, the supervisor monitors the operation of the school on behalf of the SMC and is the person legally liable for its compliance with the Education Ordinance.

"Given the spirit of school-based management is to have important decisions of the school made by the IMC collectively, it will be not necessary to retain the post of supervisor in IMC schools," Mr Lee said.

"Thus the provisions on approval of supervisor in the Education Ordinance will not be applicable to IMC schools and the existing duties, responsibilities and liabilities of the supervisor will be transferred to the IMC, its chairperson or the principal where appropriate."

"The Bill will also empower the Director of Education to give directions to IMCs and to appoint managers to the IMC if any provision of the Education Ordinance has been contravened in respect of a school," he added.

All operating aided schools are required to implement the new framework within a five-year transition period after the commencement of the Bill whereas new aided schools are required to establish their IMC before they come into operation.

Direct Subsidy Scheme schools may opt to adopt the new framework if they so wish. Other non-aided primary or secondary schools in receipt of government subsidies, which fulfill the conditions specified by the Director of Education, will also be allowed to apply for approval of the Director to establish IMCs.

The Government may terminate the sponsorship, subsidization, management and operation agreement with the SSB of an aided school if an IMC is not established as required.

All the proposals have been discussed at the Board of Education and the Legislative Council Panel on Education.

The Bill has been uploaded onto the ED Homepage (http://www.ed.gov.hk)and the website of the Government of the HKSAR Gazette (http://www.info.gov.hk/pd/egazette) and will be introduced into the Legislative Council on December 4, 2002.

Representatives of SSB, SMC, schools councils, educational bodies, teacher associations and federations of parent-teacher associations are welcome to attend two briefing sessions on the Bill.

The first session was held at St Paul's Convent School in Causeway Bay today while the second session will be held at True Light Girls' College in Kowloon at 2.30 pm next Monday (November 25).

End/Friday, November 22, 2002

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