School Charter

 

For the Independent Institution

VIBORG PRIVATE REALSKOLE

 

Adopted 4 April, 2006

 

Contents

 

      I.         School name, address, location and status 

     II.        The school's purpose 

   III.        The school's board and management 

   IV.         Accounts etc. 

    V.         Parent committee, election of supervisors, etc. and general meeting 

   VI.        School operations 

 VII.         Right of decision

VIII.        Changes to the school's regulations 

   IX.         Closing of the school 

 

 


I. SCHOOL NAME, ADDRESS, LOCATION AND STATUS 

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Article 1: The school's name is "The private foundation Viborg Private School." The school was  established on 6 October 1890 and became an independent institution, 5 February 1969. 

 

Article 2: The school’s location is Viborg municipality. The school operates from the address Trekronervej 12-14. 


Article 3: The school is a private educational institution and in its work is independent. The school has reg.-nr.: 42,345,628

 

II. THE SCHOOL’S PURPOSE 

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Article 1: The school's purpose is to operate a private elementary school after the then-current laws and regulations governing private schools and private primary schools etc. 

Article 2: The school must provide an education that is commensurate with what is generally required of public schools. 

Article 3: The school should prepare students for a living in a society of freedom and democracy. 

Article 4: It is also the school's purpose of doing business on the following basis: 

The school works towards a close cooperation with parents, teachers and pupils. This will be achieved through openness and dialogue. The school works to develop the individual student's academic and creative abilities and interests. We will motivate students to achieve their maximum potential maximum.  Students will learn to make choices, develop opinions and critical thinking as tools for empathy and accountability in a democratic society. Students will also acquire cultural understanding based on respect for their surroundings and the wider world. An important prerequisite for achieving these goals is students' welfare. Therefore, the school shall foster an atmosphere of safety, respect and tolerance. 


III. THE SCHOOL'S BOARD AND MANAGEMENT 

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Article 1: The school board is responsible for the overall management of the school and is accountable to the Minister of Education. School finance and operations - including the administration of government grants - is in accordance with school regulations and with the then-current laws and regulations to private and independent elementary schools. 

Article 2:  The School management is responsible for the daily educational leadership of the school. The school management is also responsible for ensuring that the daily operation of the school is safe and in compliance with applicable rules and conditions. The school's management consists of the principal and vice principal. 

 

Article 3: The Board consists of 7 members elected at a general meeting and are among parents of pupils at the school. However, those elected who are not members of the parent committee, provided that their number never exceeds 2. Each year there is also elected 2 reserves for one year at a time. The Board is responsible for ensuring that only persons belonging to class parents can vote. Choices are made in accordance with the rules of the election of supervisors. 

Article 4: Board members’ terms of office last for 4 years. They decide alternatively every 2nd, but only in years after having been on the municipal board.

 

Article 5: The Parent Committee can, in a general meeting, remove one or more directors in their term, if the agenda includes an item for a vote on removal of one or more directors, indicating that mobilization takes place in accordance with the rules of the election of supervisors. 

Article 6: A director must retire within the next ordinary general meeting, if her child is no longer a student at the school. A director shall not resign from the board if his/her child, during the election period, signed out by the school against their parents' wishes. 

Article 7: The Board should, if possible, have a balanced composition of women and men, according to Section 11, paragraph 2 of the Act on Equality between women and men. 

Article 8: School officials may not be a member of the board and can only participate in the election of the board when they are simultaneously a member of the Parent Committee. The Board may decide that the school management together with a representative of the employees may attend Board meetings without voting rights. When handling individual cases involving persons in the school management or individual employees, the Board may suspend the attendance of one, or several concerned. 

Article 9: Board members are not in the performance of board duties subject to the decisions of parents or community, except in cases where a staff is assigned general meeting responsibilities. See P 3 A5, P3 A21, P10 A1, and P11 A2.

 

Article 10: The Board elects its own chairman and vice chairman. The President is elected by Board members. The next President will enter the President's office upon his absence. 

Article 11: Board members must be of legal age and at least a majority, including the President, shall be registered in the CPR with residence in Denmark. 

Article 12: Board members are not personally liable for the school's debt, but may become liable under Danish law liability rules. 

Article 13: Directors may not receive fees from the school's funds for the performance of his duties as a director. 

Article 14: A board member resigns from the Board immediately if the member no longer meets the disqualification conditions listed in paragraph 2, article 1 in the above rules concerning membership on the Board. Refer to Section 5 paragraph 6 of the Law on Private and Independent Schools, etc. and notice of the statutes to private and independent Schools etc. 

Article 15: In the case of a Board member leaving their term, e.g. disqualification occurs during his remaining term. If this is not possible, a new member is chosen as soon as possible for the rest of the period. 

Article 16: For the Board, director, management and other staff at the school, applicable are the provisions of Chapter 2 Administration of disqualification and Chapter 8 on Secrecy etc. 

Article 17: The Board is quorate when at least half of its members appear personally. Board takes decisions by simple majority except in the below paragraph 21 indicated decisions regarding real estate. No voting by proxy or by letter. By voting, the chairman - and his absence the Vice Chairman - cast votes. 

Article 18: The Board shall keep minutes of its decisions. Every director has the right to have his dissent be recorded. The protocol should be signed by the members who participated in the meeting. Finding of incapacity must be recorded in the minutes. 

Article 19: The Board establishes a procedure for its operations, which shall include provisions for how the convening of Board meetings is to happen. 

Article 20: The Board appoints and dismisses the principal and other school personnel. The authority to appoint and dismiss other school personnel or management, the Board may delegate to the school management, as school management, without a delegation being necessary, at any time on his/her own can hire and fire temporary workers and other temporary assistants for short-term service. 

Article 21: The Board and General Meeting, acts in community on decisions regarding buying, and/or selling and mortgaging of real estate. Within the Board this requires that at least 2 / 3 of members vote in favour. At the General Meeting, this requires a simple majority vote without regard to the number of members present see Section 7, Paragraph 7.

Article 22: The Board shall determine the amount of school fees and the amount of parental fees for school clubs and decide on any other general questions about the school the Board wants to decide. However, note the P3 A2, P3 A5, P3 A21, P10 A1 and P11 A2 


IV. ACCOUNTS ETC. 

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Article 1: The school year follows the calendar year. 

Article 2: The Board is responsible for ensuring that each year a correct financial statement is produced for the school in accordance with existing rules. 

Article 3: The Board is responsible for the accounts being subject to audit in accordance with applicable regulations. 

Article 4: The Board is responsible for ensuring that a revised and original, signed account and audit reports are sent to the Ministry of Education before the expiration of the Ministry deadline. All Board members must sign the accounts and declare solemnly that they qualify for membership. 

Article 5: The Board selects a school auditor. 

Article 6: Parents of pupils and staff at the school always has the right to have knowledge of budgeting, accounting and audit protocol approved by the Board. The Board may extend this right to others. The board may establish procedures for the right to inspect the school's financial situation. Information is subject to the provisions of the privacy rules in Public Administration and may not be divulged. 


V. PARENT COMMITTEE, CHOICE OF SUPERVISOR ETC. AND GENERAL MEETING 

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Article 1: The Parent Committee is composed of parents of children enrolled at the school. 

Article 2: Parents' rights, falling under the statute; The Act on Private Schools and Private Elementary, etc. is for the person who has custody of the pupil or the child carer; who has the student in care but cannot decide on schooling beginning and duration. 

Article 3: The school shall maintain a list of persons who have registered themselves as belonging to the Parent Committee. The list changes only after a reasoned - if necessary also documented - written request with subsequent appropriate notification to the person being recorded and, respectively, deleted from the list. 

Paragraph 6

 

Article 1: The Board is responsible for calling Parent Committee meetings, possibly in connection with a General Meeting and that this chosen one or more persons or the local council shall oversee the students' position in Danish, arithmetic / mathematics and English, and with the school's total educational programs. An overall assessment is commensurate with what is generally required in public schools, and the language of teaching is Danish.

Article 2: The Board is also responsible for providing the Ministry of Education and the municipality information regarding who is elected as supervisors. The municipality is asked to perform supervision, where parents or the municipality do not elect supervisors, and the Parent Committee shall be informed about the annual supervising statement. 

Article 3: The Board is also responsible for ensuring that the Parent Committee provides guidance for the Parent Committee’s own oversight of the school's normal activities including those that provide an education commensurate with what is generally required of public schools. 

Paragraph 7

 

Article 1: A General Meeting of the Parent Committee is to be held every year at school or somewhere else in the local municipality before the end of April. The General Meeting called by the Board by letter is mailed with at least 14 days’ notice, with an agenda. The notice of General Meeting shall contain the following agenda: 

·       Election of chairman 

·       The Board shall report

·       The Board shall submit the audited and approved financial statements for information. 

·       The Board shall submit the adopted budget for information.

·       Election of Directors; P3 A3 and A4

·       Choice of substitutes; P3 A4 

·       Incoming proposals

·       Other items of business

Article 2: At General Meetings, where supervisors are elected, P6 A1 shall be supplemented with the following agenda items: 

·       Payment of term (maximum 4 years) for the school's supervisor. 

·       Decisions on whether supervision should be undertaken by one or more persons or the local council. 

·       Setting the maximum number of supervisors and possible breakdown in oversight activities. 

·       Appointment of Supervisor 

Article 3: Proposals to be discussed at the General Meeting shall be the Board at least 3 weeks before the General Meeting. Proposals must be announced to members by the convening of the General Meeting. 

Article 4: A notice shall specify the rules for the election of directors and - in those years where there should be choice of supervisors - rules for selection of supervisors and supervising guidelines. Elections are conducted according to rules of the notice of election of supervisors. Both choices must show that every parent has the right to propose candidates at the meeting. 

Article 5: Members of the Parent Committee, at the General Meeting have one vote. 

Article 6: In the election of directors and supervisor there may be given power of attorney to someone that shares custody. 

Article 7: The General Meeting is quorate regardless of the number of members present, however, see P10 A1 and P11 A2. The General Assembly takes decisions by simple majority, except decisions changing the school's charter; see P10 A1 and closure of the school, see P11 A2 

Article 8: The General Assembly makes its own decision about whether people outside the Parent Committee may attend the general meeting and if so whom. However, school staff has access to oversee General Meeting, although they may not be members of the Parent Committee. 

Article 9: The school staff and candidates for the Board and the supervisor cannot be chairman at General Meetings 

Article 10: There should be record of the General Meeting. The record shall be signed by the Chairman. 

Article 11: Selecting actions are to be secret, if one or more members of the Parent Committee wish. 

Article 12: In the election of directors, replacements and supervisors, each parent can vote on the number of members to be elected to the Board, on the number of substitutes and the decided highest number of supervisors. 

Article 13: Candidates are selected in order of size of personal votes. In the event of a tie, a lottery will be drawn. 

Article 14: Re-election of directors, substitutes and supervisors can take place. 

Article 15: An Extraordinary General Meeting is held when the Board decides. An Extraordinary General Meeting shall also be convened by the Management Board, 2 Board members or 100 members of the Parent Committee. There is required a written agenda. The EGM must be held within 1 month after the request is received. Notice takes place as with the General Meeting. 

Article 16: The General Meeting’s powers are specified in P3 A3, P3 A5, P3 A21, P6, P7, P10 A1, P11 A2 


VI. SCHOOL OPERATIONS 

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Article 1: The school's operation is carried out by government grants and its own coverage including school fees for students and parental contribution for school clubs; under the Act on Private and Independent Schools, etc. and possibly by contributions from others. 

Article 2: School funds are only for the school - and teaching. 

Article 3: Any surplus of funds falls on the school. 

Article 4: Contributions to the school are not entitled to any portion of school property or benefits of any kind. 

Article 5: The Board shall administer the school funds to the greatest benefit of the school and must take due financial consideration. 

Article 6: The school's liquid assets must be directed in accordance with the Law on Private and Independent Schools, etc. and may not be placed in accounts, etc., which anyone other than the school controls. 


VII. RIGHT OF DECISION

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Article 1: Decisions are signed either by the chairman and school principal jointly or by one of these in association with the Board’s next president. 

Article 2: The purchase and sale, pledge or other dispositions of school real estate requires the signatures of 2 / 3 of the Board’s members. 

 

Article 3: The decision right may not be delegated, and there can be no procuration see, however, paragraph 4 

Article 4: The Board may decide that the principal, of a scope and responsibility defined by the Board is authorized to perform overall management functions that deal with this when necessary to achieve an appropriate management team. 


VIII. CHANGES TO THE SCHOOL'S CHARTER 

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Article 1: Changes in the statutes can only be made after adoption at a General Meeting where at least half of Parent Committee members are present and assuming that at least 2 / 3 of those present votes. If there is a motion to obtain the necessary majority, but without the sufficient number of attendees is present, a further meeting is required where the proposal is considered and adopted if it obtains at least 2 / 3 majority, without regard to the number of attendees. 

Article 2: The school's charter and future statutory changes must be approved by the Ministry of Education, as with provisions for school administration and economic conditions. 


IX. CLOSING OF THE SCHOOL 

 

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Article 1: In cases where the Board by law must arrange for the liquidation of the school, the Board has jurisdiction to decide on school closure. Decisions will be made after the rule in P3 A17, first section. 

Article 2: Decision on dissolution of the school may be taken only at a General Meeting where at least 2 / 3 of Parent Committee members vote for it. If the proposal acquires a majority, but there are not sufficient members present for the school's liquidation, the proposal, at least 30 days after being submitted, will be taken up at a further meeting where it can be adopted by a minimum ¾ majority, regardless of the number of attendees. 

Article 3: If the school cannot run its activities under the provisions in P2 A1 and A2, it must be abolished. 

Article 4: The Board of Directors is to inform parents about the group decision on decommissioning and about their basis. Orientation must be immediate after the decision for decommissioning is taken. 

Article 5: The Executive Board shall provide the Ministry of Education and the municipalities, where pupils are resident, a message about the school closure. 

Article 6: It is the responsibility of the board to inform the Ministry of Education if the school suspends payments, experiences bankruptcy, or there is otherwise a danger that school activities must be halted. 

 

Article 7: The Board is responsible for maintaining the school's assets and the financial statement, at the occasion of the school's closure, is made in accordance with current charter, and the school's net worth is used in accordance with the charter. 

Article 8: Any excess funds should be, with the Ministry of Education’s approval, used for school purposes, supported by the Law on Private and Independent Schools, etc. 

Article 9: The Board of Directors must continue to act, until the financial settlement of the school's assets and liabilities has been completed according to applicable statutes, including the fact that the school's net worth shall be used in conformity with the charter. 


This charter and its statutes were adopted at the General Meeting on 21 / 2 2006 and the Annual General Meeting on 27 / 3 2006

Board of Viborg Private Secondary School, 4 / 4 2006