Education (Interim) Regulations 2000

i Education (Interim) Regulations 2000 S.R. No. 52/2000 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1.01 Objectives 1 1.02 Authorising provisions 1 1.03 Commencement 1 1.04 Definitions 1 PART 2—ADMISSION OF STUDENTS TO STATE SCHOOLS 3 2.01 Admission 3 PART 3—TRANSPORT OF STUDENTS AND PAYMENT OF TRAVELLING ALLOWANCES 4 3.01 Approval of transport services 4 3.02 Provision of costs 4 3.03 Transport of registered school students 4 3.04 Transport of disabled students 5 3.05 Short distance transport 5 3.06 Transport to a class at a kindergarten 6 3.07 Transport to a class at a non-residential service 6 3.08 Withdrawal of permission 6 3.09 Failure of contractor 6 3.10 Granting of travelling allowance 7 3.11 Payment to primary school students 7 3.12 Payment to post-primary school students 7 3.13 Payment in special circumstances 8 3.14 Increased allowance for disabled students 9 PART 4—TIMES OF STATE SCHOOL OPERATIONS 10 4.01 School terms 10 4.02 Temporary closure of schools 10 -- 1 of 32 -- Regulation Page ii PART 5—DISCIPLINE IN STATE SCHOOLS 11 5.01 Definitions and application 11 5.02 Restraint from danger 11 5.03 Corporal punishment not permitted 11 5.04 School discipline policy 11 5.05 School discipline 12 PART 6—SCHOLARSHIPS 13 6.01 Teaching scholarships 13 6.02 Admission to a course 13 6.03 Approved course and attendance 13 6.04 Value of scholarship 13 PART 7—SCHOOL COUNCILS 14 Division 1—Preliminary 14 7.01 Definitions 14 Division 2—Proceedings 15 7.02 Proceedings of the Council 15 7.03 Extraordinary Meetings 16 7.04 Public reporting meeting 17 Division 3—Sub-committees and delegations 17 7.05 Sub-committees 17 7.06 Delegation to sub-committees 18 Division 4—Miscellaneous 19 7.07 Executive officer of council 19 7.08 Employment 19 7.09 Accounts 19 7.10 Common seal 21 7.11 Records 21 PART 8—WELFARE CLUBS AT STATE SCHOOLS 22 8.01 Formation 22 8.02 Interim committee 22 8.03 Funds 22 8.04 Bank accounts 22 8.05 Dissolution 23 8.06 Dissolution procedures 23 PART 9—EFFORTS FOR SCHOOL FUNDS 24 -- 2 of 32 -- Regulation Page iii 9.01 Fund raising 24 9.02 Monies held in trust 24 PART 10—EDUCATION ALLOWANCE 25 10.01 Definitions 25 10.02 Education maintenance allowance 25 PART 11—TRANSITIONAL AND EXPIRY 28 11.01 Transitional 28 11.02 Expiry 28 ═══════════════ NOTES 29 -- 3 of 32 -- 1 STATUTORY RULES 2000 S.R. No. 52/2000 Education Act 1958 Education (Interim) Regulations 2000 The Governor in Council makes the following Regulations: Dated: 27 June 2000 Responsible Minister: MARY DELAHUNTY Minister for Education HELEN DOYE Clerk of the Executive Council PART 1—PRELIMINARY 1.01 Objectives The objectives of these Regulations are— (a) to continue to make provision for the conduct of schooling in Victoria; and (b) to provide for other matters authorised by the Education Act 1958. 1.02 Authorising provisions These Regulations are made under sections 15H, 30 and 82 of the Education Act 1958. 1.03 Commencement These Regulations come into operation on 1 July 2000. 1.04 Definitions -- 4 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 2 In these Regulations— "Department" means Department of Education, Employment and Training; "principal" includes a head teacher; "Secretary" means Secretary to the Department; "student" means pupil; "the Act" means the Education Act 1958; "welfare club" means any parents' club or association, or any other body however named, formed to promote the welfare of a State school. _______________ -- 5 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 3 PART 2—ADMISSION OF STUDENTS TO STATE SCHOOLS 2.01 Admission Before or when a child is admitted to a State school, the parent must complete and sign an admission form and provide evidence of the child's date of birth. _______________ r. 2.01 -- 6 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 4 PART 3—TRANSPORT OF STUDENTS AND PAYMENT OF TRAVELLING ALLOWANCES 3.01 Approval of transport services The Minister may approve transport services for the purposes of these Regulations. 3.02 Provision of costs The Minister may provide the full cost of transporting— (a) a group of students to a State school if the students reside not less than 4·8 kilometres by the shortest practicable route from the school attended; (b) a group of students to a State school established for the purpose of providing instruction for disabled students; (c) a group of students to special classes providing instruction for disabled students. 3.03 Transport of registered school students (1) The Minister may, on receipt of a written application, permit a student attending a registered school to travel to that school by an approved transport service, other than one established for disabled students or students in special classes, where— (a) the student resides not less than 4·8 kilometres from the school attended; and (b) the school attended is the nearest appropriate registered school and, in the case of post- primary schools, is registered to the required level of education. r. 3.01 -- 7 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 5 (2) Despite sub-regulation (1), if the circumstances warrant special consideration, the Minister may permit a student attending a registered school to travel to that registered school by an approved transport service except one established for disabled students or for students in special classes, on condition that— (a) preference is given at all times to the student who has the longest distance to travel; and (b) the student resides not less than 4·8 kilometres from that registered school; and (c) accommodation is available on the service and all students attending the nearest State school are accommodated; and (d) no suitable public transport or school bus service is available. 3.04 Transport of disabled students The Minister may permit a disabled student attending a State or registered school to travel on an approved transport service. 3.05 Short distance transport The Minister may permit a student attending a State or registered school and residing less than 4·8 kilometres from the school attended to travel on an approved transport service, other than one established for disabled students or students in special classes, on condition that— (a) preference is given at all times to the student who has the longest distance to travel; and (b) accommodation is available on the service after all students qualified to travel under regulations 3.03, 3.04, 3.06 and 3.07 have been accommodated; and (c) no suitable public transport is available; and r. 3.04 -- 8 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 6 (d) there is no additional cost to the Department. 3.06 Transport to a class at a kindergarten The Minister may, if the circumstances warrant special consideration, permit a student attending a class at a kindergarten to travel on an approved transport service on condition that— (a) no suitable public transport is available; and (b) accommodation is available on the service. 3.07 Transport to a class at a non-residential service The Minister may, if the circumstances warrant special consideration, permit a student to travel by an approved transport service to attend a class at a non-residential service registered with the Office of Intellectual Disability Services, in the Department of Human Services if— (a) the student is approved for travel on the approved transport service by the Secretary; and (b) no suitable public transport is available; and (c) accommodation is available on the service. 3.08 Withdrawal of permission The Minister may, at any time, withdraw permission for a student to travel by an approved transport service if the behaviour of the student is unsatisfactory. 3.09 Failure of contractor If the contractor of an approved transport service that transports students to a State school fails to operate the approved transport service in accordance with the arrangements agreed upon by the contractor and the Minister, the principal of the State school must, upon learning of the failure, r. 3.06 -- 9 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 7 immediately report the contractor's failure to the Minister. 3.10 Granting of travelling allowance If an approved transport service is not available within 4·8 kilometres of a student's home, or if, in the Minister's opinion, a student could not reasonably be expected to travel by an approved transport service, the Minister may grant a travelling allowance in respect of the student. 3.11 Payment to primary school students In the case of primary schools, the Minister may grant a travelling allowance, the amount of which is determined by the Minister, for each day's attendance for the conveyance of a student— (a) to and from a State primary school, if the student is between the ages of 4 years and 6 months and 15 years and resides not less than 4·8 kilometres by the shortest practicable route from that State primary school and is attending that school; or (b) to and from a registered primary school, if the student is between the ages of 4 years and 6 months and 15 years and resides not less than 4·8 kilometres by the shortest practicable route from that registered primary school and is attending that school. 3.12 Payment to post-primary school students In the case of post-primary schools, the Minister may grant a travelling allowance, the amount of which is determined annually by the Minister, for each day's attendance for the conveyance of a student— (a) to and from a State post-primary school, if the student resides not less than 4·8 kilometres from the nearest State post- r. 3.10 -- 10 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 8 primary school and is attending that school; or (b) to and from a registered post-primary school, if the student resides not less than 4·8 kilometres from that nearest registered post-primary school and is attending that school. 3.13 Payment in special circumstances The Minister may, if the circumstances warrant special consideration, grant a travelling allowance for a student attending a State or registered school who— (a) is precluded from attending any State primary school within 4·8 kilometres of the student's place of residence because— (i) of the lack of school accommodation; or (ii) the student is not resident within a specified area within which students must be resident in order to be eligible for enrolment at that school; or (b) is precluded from attending any registered primary school within 4·8 kilometres of the student's residence because— (i) of the lack of school accommodation; or (ii) the student is not resident within a specified area within which students must be resident in order to be eligible for enrolment at that school; or r. 3.13 -- 11 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 9 (c) is precluded from attending any appropriate post-primary school within 4·8 kilometres of the student's residence because— (i) of the lack of school accommodation; or (ii) the student is not resident within a specified area within which students must be resident in order to be eligible for enrolment at that school; or (d) resides not less than 4·8 kilometres from the nearest appropriate post-primary school and attends another school because the transport to the nearest appropriate post-primary school is unsuitable or more costly; or (e) is disabled; or (f) transfers from the junior secondary part to the secondary part of the same registered secondary school, on condition that the junior secondary part of the school is the nearest registered school and the student resides not less than 4·8 kilometres from the school attended. 3.14 Increased allowance for disabled students The Minister may, if the parents' financial circumstances warrant it, grant an increased allowance in respect of the travelling of a student who, because of his or her disability, needs to be accompanied while travelling. _______________ r. 3.14 -- 12 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 10 PART 4—TIMES OF STATE SCHOOL OPERATIONS 4.01 School terms The Minister must determine the days on which a State school is to be open for attendance by students. 4.02 Temporary closure of schools The school council of a State school may, with the approval of the Secretary, temporarily close the school. _______________ r. 4.01 -- 13 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 11 PART 5—DISCIPLINE IN STATE SCHOOLS 5.01 Definitions and application (1) In this Part— "corporal punishment" includes any deliberate action undertaken with the intention of causing physical pain or physical discomfort to a student; "staff" means principal, teachers and ancillary staff of a State school. (2) This Part applies to State schools. 5.02 Restraint from danger A member of the staff may take any reasonable action that is immediately required to restrain a student from acts or behaviour dangerous to the member, the student or any other person. 5.03 Corporal punishment not permitted A member of staff must not administer corporal punishment to any State school student. 5.04 School discipline policy (1) A school council must develop a school discipline policy for the students of the school consistent with— (a) this Part; and (b) section 25 of the Act. (2) Any periods of detention, additional work, or other punishments that may be imposed on students as part of the school discipline policy must be reasonable. (3) The policy must be brought to the attention of the students, parents, staff and school council of the State school. r. 5.01 -- 14 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 12 5.05 School discipline (1) The principal is responsible for implementing the school discipline policy and the nature and extent of punishment imposed in the school under his or her charge. (2) The principal may require a student to undertake additional work at a reasonable time and place if that is authorised by the school's discipline policy. (3) Without limiting sub-regulation (1), the principal may direct that a student be disciplined in accordance with sub-regulation (2) for not wearing a school uniform in accordance with the school council's determination on school uniforms. _______________ r. 5.05 -- 15 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 13 PART 6—SCHOLARSHIPS 6.01 Teaching scholarships Subject to section 30 of the Act, the Minister may by instrument grant— (a) teaching or other scholarships for courses at post-secondary education institutions approved by the Secretary; or (b) extend the term of a scholarship. 6.02 Admission to a course The granting or extension of a teaching or other scholarship is subject to the applicant gaining admission to the course for which the award was made. 6.03 Approved course and attendance A teaching or other scholarship is granted subject to the following conditions— (a) the holder must attend a course at a post- secondary education institution approved by the Secretary; (b) the attendance, conduct and progress of the holder must be satisfactory to the Secretary. 6.04 Value of scholarship The holder of a teaching or other scholarship is entitled to be paid an amount that the Minister determines not exceeding $30 000 per annum. _______________ r. 6.01 -- 16 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 14 PART 7—SCHOOL COUNCILS1 Division 1—Preliminary 7.01 Definitions In this Part— "an employee of the Department"— (a) means a person employed for 8 hours or more a week in either an on-going capacity or a fixed term of at least 90 days in accordance with one or more of the following— (i) under the Teaching Service Act 1981; (ii) by the Department under the Public Sector Management and Employment Act 1998; (iii) by the school council of a State school; (iv) under section 5 or 5A of the Education Act 1958; (b) does not include a person employed under a contract for service or the employees or contracted personnel of such a person; "deputy" means a person deputised by the principal to act in the absence of the principal on his or her behalf. r. 7.01 -- 17 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 15 Division 2—Proceedings 7.02 Proceedings of the Council (1) A council must meet at least twice in each school term. (2) If the President of a council is unable to preside at a council meeting, a member of the council, other than an employee of the Department, as elected by the council must preside. (3) The quorum for a council meeting is constituted if not less than one half of the maximum number of members that could be appointed to the council under its constituting order are present. (4) A decision of the majority of those members eligible to vote and present at any meeting of the council is the decision of the council. (5) The principal is a voting member of the council. (6) If votes are tied, the presiding member has a second or casting vote. (7) If a member of the council or a member of his or her immediate family has any direct pecuniary interest in a subject or matter under discussion at a council meeting, that member must not be present during the discussion unless invited by the council president, nor be present when a vote is taken on the matter, but may be included in the quorum for that meeting. (8) If a school council is required to have community members appointed to the council the principal must, as soon as possible after the declaration of the poll for an election, call, and preside at, the first council meeting for the sole purpose of appointing the community members, and must call, and preside at, a second meeting of the members to elect office bearers. r. 7.02 -- 18 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 16 (9) The first meeting called under sub-regulation (8) may be adjourned to a date decided by the meeting if the purpose of appointing the community members cannot be achieved. If upon resumption of the meeting the appointment of community members cannot be resolved, the council may proceed to the election of office bearers. (10) If a school council is not required to have community members appointed to the council, the principal must call, and preside at, the first council meeting to elect office bearers. (11) In the election of an office bearer for the council— (a) if the votes are tied, a new election must take place; and (b) if a further tie in the votes occurs, the election may be decided by the drawing of lots. (12) An office bearer may be removed from office (but not from membership) by resolution of the council if all members are notified of the resolution not less than 7 days before the meeting of the council at which the resolution is to be put. 7.03 Extraordinary Meetings (1) An extraordinary meeting of the council may be held— (a) at any time decided by the council, if all members are given reasonable notice of the time, date, place and object of the meeting; or (b) upon a request in writing by 3 members being given to the President of the council or deputy, who must thereupon convene a meeting by sending a notice giving members r. 7.03 -- 19 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 17 reasonable notice of the time, date, place and object of the meeting to all council members. (2) The business of any extraordinary meeting must be confined to the object for which it is convened. 7.04 Public reporting meeting (1) The council must call a public meeting at least once in every year and at that meeting must— (a) report the proceedings of the council for the period since the date of the previous public meeting; and (b) present a copy of the audited statement of receipts and expenditure of the council during the year ended on 31 December previous; and (c) present an up-to-date statement of the receipts and expenditure of the council. (2) If a statement of receipts and expenditure of the council is required to be audited in accordance with section 15F(2) of the Act and the statement has not been so audited, the council must present an unaudited statement of receipts and expenditure of the council. (3) Upon receipt of the audited statement by the council, the council must present a copy of the audited statement at the following public meeting. Division 3—Sub-committees and delegations 7.05 Sub-committees (1) Except as provided for in regulation 7.06, a council must not delegate any of its powers or duties or ratify any decision made by a sub- committee. r. 7.04 -- 20 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 18 (2) A sub-committee formed under section 15B of the Act must consist of at least 3 members. 7.06 Delegation to sub-committees (1) A council must obtain approval of the Minister before delegating under section 15B(1)(f) of the Act any power or duty, other than a power or duty relating to— (a) the use of school grounds or buildings by a voluntary organisation, Government department, municipality, person or body, if the school grounds or buildings are not required for ordinary school purposes or otherwise required by the council; or (b) any school forest plantation under the sole management, control, care or development by the council. (2) The terms and conditions of a delegation made by the council must be signed by the President of the council or deputy and delivered to the sub- committee. (3) A delegation may at any time be revoked or amended by the council in writing as provided in sub-regulation (2). (4) At the discretion of the council, a sub-committee may receive money and issue receipts on behalf of the council while acting in the exercise of a delegation, but the sub-committee must remit the money to the council through the principal as soon as practicable after its receipt. (5) A sub-committee must provide a written report about activities for each regular meeting of the council. r. 7.06 -- 21 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 19 (6) A council may ratify any decision made by the sub-committee acting beyond its delegated power if the decision relates to a matter which could have been delegated to the sub-committee under this regulation. Division 4—Miscellaneous 7.07 Executive officer of council The Principal must act as the executive officer of the council and ensure that— (a) adequate advice is given to the council on educational and other matters; and (b) the decisions of the council are implemented; and (c) adequate support and resources are provided for the conduct of council meetings. 7.08 Employment (1) A council must not appoint a person to an ongoing, casual, part-time or fixed term position for a term exceeding 4 consecutive months unless the position has been advertised in a newspaper circulating generally in the district. (2) If a person is employed for a term of less than 4 consecutive months, that person may not have the term of employment extended or be re-employed unless the position is advertised in a newspaper circulating generally in the district. 7.09 Accounts (1) A council must ensure that there are kept, in the form determined by the Secretary, proper accounts and records of the transactions and affairs of the council and any other records necessary to sufficiently explain the financial operations and financial position of the council. r. 7.07 -- 22 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 20 (2) The council must maintain records in a form which will— (a) ensure that all money payable to the council is properly collected; and (b) ensure that all money expended in the council's name is properly expended and properly authorised; and (c) ensure that adequate control is maintained over assets owned by the council or in the council's custody; and (d) ensure that all liabilities incurred in the council's name are properly authorised; and (e) ensure efficiency and economy of operations and avoidance of waste and extravagance; and (f) develop and maintain an adequate budgeting and accounting system; and (g) develop and maintain an adequate internal audit system. (3) All cheques drawn on any account kept under the control of the council must be signed by the principal and the President or some other office bearer nominated by the council for the purpose. (4) A council may from time to time pay into accounts kept under the control of the principal for the purpose such funds as are necessary for the day to day running of the school. (5) The principal must make available for inspection by any person interested in the work of the school a copy of the audited statement of the receipts and r. 7.09 -- 23 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 21 expenditure of the council for the most recent year ending on 31 December. 7.10 Common seal (1) The council must provide for the safe custody of the seal of the school council. (2) The seal may be affixed to a document by authority of the council only and must be witnessed by the President and one other office bearer appointed by the council. 7.11 Records (1) The council must keep all records in the school building, unless otherwise approved by the council, for the purpose of preparing or auditing books of account or records. (2) The records must be available at any time to the Minister or to any person authorised by the Minister in that behalf and may be removed from the school by any such person. _______________ r. 7.10 -- 24 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 22 PART 8—WELFARE CLUBS AT STATE SCHOOLS 8.01 Formation On receiving a written request signed by at least 6 parents of students at a State school, the principal of that school must convene a meeting for the purpose of forming a welfare club. 8.02 Interim committee If the meeting agrees to form a welfare club, those persons present must appoint an interim committee to— (a) develop a constitution for the welfare club; and (b) seek the approval of the Minister for the formation of the welfare club under the terms of that constitution; and (c) conduct any meetings that are necessary for the purposes of paragraph (a) or (b). 8.03 Funds The raising of funds and the expenditure of funds raised must be with the approval of the school council and must be consistent with Part 9. 8.04 Bank accounts The welfare club must operate banking accounts to provide for— (a) the administrative functions of the welfare club; (b) the raising of funds for the benefit of the school. r. 8.01 -- 25 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 23 8.05 Dissolution A welfare club may not be dissolved unless— (a) all reasonable steps have been taken to circulate a notice of dissolution generally throughout the school community; and (b) a meeting to discuss the notice of dissolution is held not less than 14 days after the circulation of that notice; and (c) at least two-thirds of those present at that meeting agree to the dissolution. 8.06 Dissolution procedures A meeting held under regulation 8.05(b) at which the motion to dissolve a welfare club is agreed must— (a) report the dissolution in writing to the school council; and (b) transfer all remaining funds, after the proper payment of outstanding liabilities, to the school council; and (c) transfer all property and other assets to the control of the school council; and (d) report the dissolution to the Minister and advise him or her of the completion of actions required by paragraphs (a), (b) and (c). _______________ r. 8.05 -- 26 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 24 PART 9—EFFORTS FOR SCHOOL FUNDS 9.01 Fund raising Members of the school community may undertake money raising activities, having as their object the establishment or augmentation of school funds or funds for a particular school purpose, if the agreement of the school council is first obtained. 9.02 Monies held in trust (1) All funds raised for a school by money raising activities must be held in trust by the school council or the welfare club. (2) Funds held by the welfare club must be expended in the manner determined by the school council, after discussion with the club, as being the most desirable in the interests of the school. _______________ r. 9.01 -- 27 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 25 PART 10—EDUCATION ALLOWANCE 10.01 Definitions In this Part— "governing body" means the person or body (however designated) responsible for the operation of a registered school; "non-government institution" means a person or body, other than— (a) the Crown; or (b) an agency within the meaning of the Public Sector Management and Employment Act 1998; or (c) the holder of a government office; or (d) a person or body wholly funded from the Consolidated Fund. 10.02 Education maintenance allowance (1) If— (a) a person is under 16 years of age and attends a State school or registered school; and (b) the person's parent, on the first day of the term in which the allowance is granted, is an eligible beneficiary within the meaning of the State Concessions Act 1986— the parent may apply to the Minister for an education maintenance allowance for the person. (2) If— (a) a person is under 16 years of age and attends a State school or registered school; and r. 10.01 -- 28 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 26 (b) a non-government institution maintains, or has custody of, the person— the non-government institution may apply to the Minister for an education maintenance allowance for the person. (3) The Minister may permit a parent to apply for an education maintenance allowance for a person, even though the parent does not comply with sub- regulation (1)(b), if— (a) sub-regulation (1)(a) is complied with; and (b) the Minister is satisfied that there are special circumstances which justify the application. (4) An application for an education maintenance allowance— (a) must be in writing; and (b) may be made twice only in respect of the same person in any one year; and (c) must be made— (i) in the case of the first amount, within one month after the commencement of the first term; and (ii) in the case of the second amount, within one month after the commencement of the third term. (5) The Minister may accept a late application in special circumstances. (6) On application in accordance with this regulation, and on the recommendation of the Secretary, the Minister may grant an education maintenance allowance, but may decline to grant an education maintenance allowance in respect of a person, if the Minister receives a report from the person's principal that the person's attendance at school, for r. 10.02 -- 29 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 27 the period of 12 months before the allowance is proposed to be granted, is unsatisfactory. (7) The Secretary may for the purposes of sub- regulation (6), recommend that an education maintenance allowance in respect of a person be paid— (a) wholly to the applicant; or (b) wholly to the school the person attends; or (c) in the proportions that are determined by the Secretary, partly to the applicant and partly to the school the person attends. (8) If the Secretary recommends that the whole or part of an education maintenance allowance is payable to the school, the whole of the part of the allowance must be used for the direct benefit of the person. _______________ r. 10.02 -- 30 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 28 PART 11—TRANSITIONAL AND EXPIRY 11.01 Transitional (1) If a person has applied for an education maintenance allowance in accordance with the Education Regulations 1988 2 , as in force immediately before their revocation, and the application has not been determined at the date of commencement of these Regulations, the application is deemed to be an application made under these Regulations. (2) If an application for an allowance may only be made a certain number of times in a year, applications made or allowances granted in a relevant year under the Education Regulations 1988, as in force immediately before their revocation, shall be counted in determining whether that number has been met in that relevant year. 11.02 Expiry These regulations expire on 1 November 2000. ═══════════════ r. 11.01 -- 31 of 32 -- S.R. No. 52/2000 Education (Interim) Regulations 2000 29 NOTES 1 Part 7 (Heading): Note that school councils' powers and duties are governed by ministerial orders made under section 13 of the Act. 2 Reg. 11.01(1): S.R. No. 258/1988. Reprint No. 2 as at 18 June 1998. Reprinted to S.R. No. 162/1997. These regulations, as extended by S.R. No. 82/1999, sunsetted on 30 June 2000 by virtue of the operation of section 5 of the Subordinate Legislation Act 1994. Notes -- 32 of 32 --