Commentary Part 7: Discipline, Behaviour and Exclusion Section 88: Responsibility of governing body for discipline
432.This section defines the responsibilities of the governing body for establishing the principles shaping a school’s behaviour policy.
433.It re-enacts subsections (1) to (3) of section 61 of the 1998 Act with minor changes.
434.Subsection (1) requires the governing body to ensure that the school pursues policies to promote good behaviour.
435.Subsection (2) requires the governing body to make and review a written statement of general principles to guide the head teacher in determining measures to promote good behaviour. Where the governing body wants the behaviour policy to include particular measures or address particular issues, the section requires the governing body to notify the head teacher. It also enables the governing body to give the head teacher further guidance.
436.Before making or revising the statement of principles, subsection (3) requires the governing body to consult the head teacher; parents of pupils registered at the school; registered pupils; and any persons who work at the school that are considered appropriate to consult (this would include, for instance, the kitchen staff and caretaker, if the governing body felt that their input would be valuable).
437.Subsection (4) requires the governing body to have regard to national guidance when carrying out its functions under subsection (2). For schools in England that would be provided by the Secretary of State. For schools in Wales it would be the National Assembly for Wales.
438.Subsection (5) specifies the types of school to which sections 88 and 89 apply. These are all maintained schools (community; foundation; voluntary; community special; foundation special; maintained nursery), pupil referral units and non-maintained special schools. Pupil referral units are not explicitly mentioned in the legislation which this replaces though are within its ambit by virtue of regulations made in relation to them under primary legislation. Non-maintained special schools are an addition to the schools to which the existing legislation applies. This subsection also explains that “governing body” for a non-maintained special school means the proprietor of the school, the person or body of persons that manages the school.