SECTION X.D
MODEL CONSTITUTION FOR A LUTHERAN SCHOOL
[DISTRICT]
April2011
Interpretation
In this Constitution and the By-laws made thereunder, unless the context or subject matter otherwise requires:
(a)‘the Church’ means: LutheranChurch of Australia Incorporated;
(b)‘the District’ means: Lutheran Church of Australia Victorian District;
(c)‘the Association’ means: …………………………….(insert official name of association)
(d)‘the Parish’ means: …………………………………….(insert official name of parish and list its congregations)
(e)‘the Congregation’ means: ………………………………LutheranChurch; (insert official name of congregation)
(f)‘the School’ means: ……………………………..Lutheran School/College;
(g)‘the Council’ means: the School Council provided for in this Constitution;
(h)‘consultant’ means non voting member.
[Note:
1.Articles II, IV. & X.2 should be adopted unaltered.
2.Article headings define those matters which must be included in the Constitution; whereas actual wording may be varied to suit local circumstances, the substance must remain.
3.Local variations and practices can best be incorporated in the By-laws.
4.Where brackets occur, their contents indicate generally accepted standards, but local conditions need to be considered.]
I. NAME
The name of the School is ………………….……………………… LUTHERAN SCHOOL/COLLEGE.
II. CONFESSIONAL BASIS
1.The School holds to the Confession of the Church and declares that it
(a)accepts without reservation the Holy Scriptures of the Old and New Testaments, as a whole and in all their parts, as the divinely inspired, written and inerrant Word of God, and as the only infallible source and norm for all matters of faith, doctrine and life; and
(b)acknowledges and accepts as true expositions of the Word of God and as its own Confession all the Symbolical Books of the Evangelical Lutheran Church contained in the Book of Concord of 1580, namely, the three Ecumenical Creeds: the Apostles’ Creed, the Nicene Creed and the Athanasian Creed; the Unaltered Augsburg Confession; the Apology of the Augsburg Confession; the Smalcald Articles; the Small Catechism of Luther; the Large Catechism of Luther; and the Formula of Concord.
2.The Church requires that all who teach in or administer the affairs of the School shall carry out their responsibilities and duties in accordance with this Confession.
III. OBJECTS
- The District
Its objects are to
(a)implement in conjunction with other relevant bodies, the stated object of the Church: ‘to establish and maintain schools and other institutions and to foster all other means whereby the members of the congregations receive Christian education’; and
(b)establish and maintain Lutheran schools which provide Christian education.
2.The School
(1)The School, as an integral part of the ministry of the Church, shall be established to offer Christian education to children in the Church and in the community and serve as an arm of mission outreach for the Church.
(2)Its Objects are to
(a)provide students with a comprehensive program of education that is conducive to the development of their talents and skills for responsible Christian living and service;
(b)encourage students to strive for excellence in learning according to individual ability;
(c)help students value themselves as persons created in the image of God, redeemed by Christ, and made members of his body, the church, and to express their new life in Christ in their relationship with God and others;
(d)include as a core part of the program, a Christian Studies curriculum which has been developed deliberately and consciously from the perspective of confessional Lutheranism;
(e)provide an alternative to a secularistic, humanistic philosophy and practice of education;
(f)promote the spiritual life and development of the school community through regular worship, study of the Scriptures and pastoral care;
(g)assist parents in the fulfilment of their God-given responsibilities to their children; and
(h)assist the State in providing it with responsible citizens equipped to contribute positively to the community.
IV. RELATIONSHIPS
1.(1)The School, as an agency of the District, accepts the Constitution and By-laws of the Church and District, and shall act in accordance with their requirements. Any proposed amendments, alterations, additions or repeals to the Constitution and By-laws of the School shall be submitted to the Church Council of the District for approval.
(2)The School shall cooperate with the relevant officials, boards and committees of the Church and of the District, and report as required.
(3)The School, as a school within the State of Victoria shall satisfy the legislative requirements of the State/Territory and of the Commonwealth of Australia in so far as they are not contrary to the Confessions and religious principles of the Church.
V. MEMBERSHIP
The membership of the Association shall comprise the voting members of the Council.
VI. MEETINGS
1.The District
(1)The District Synod shall hold its annual meeting in the month of …… and transact the following School business:
(a)receive the annual reports of the Chairperson of the School Council and the Principal;
(b)receive the audited statements;
(c)review the policies of the School and revise them as is deemed necessary;
(d)elect the members of the School Council;
(e)appoint an accredited Auditor; and
(f)attend to any other business as required.
2.The School
(1)An annual general meeting shall be held, at a time and place determined by the Council to
(a)receive the annual reports of the School;
(b)receive the audited statements;
(c)elect the Officers of the School;
(d)elect the Officers of the Council; and
(e)attend to any other business as required.
(2)A general meeting shall be held, at a time and place determined by the Council, to
(a)receive an interim report on the financial affairs of the School;
(b)recommend the budget and schedule of fees for the following year;
(c)review the policies of the School and recommend revisions as deemed necessary;
(d)recommend the appointment of an accredited Auditor;
(e)attend to any other business as required.
(3)Special general meetings may be called at any time deemed necessary by the School or Council.
(4)Notice of meeting shall be given as follows:
(a)for regular meetings, at least (…28) days;
(b)for special meetings, at least (…7) days.
(5)The chief business to come before the meeting shall be announced at the time that the notice of meeting is given.
(6)A quorum for meetings shall be:
(a)(…) of all voting members for the transaction of ordinary business;
(b)(…) of all voting members for the transaction of extraordinary business;
(7)The quorum for Council meetings shall be one half plus one of the members of the Council.
(8)Unless otherwise stipulated a majority of those members voting shall decide the motion, and in the event of an equality of votes, the Chairperson shall in addition to a deliberative vote, have a casting vote, or may refer the motion for further discussion.
(9)Unless otherwise stipulated, the Chairperson shall ordinarily decide the manner of voting, whether by show of hands or by ballot, but the meeting may itself decide by special resolution the manner of voting to be adopted.
(10)There shall be no voting by proxy.
(11)The conduct of meetings shall, where applicable, be in accordance with the rules for transacting business adopted by the Church.
VII. OFFICERS AND ADMINISTRATION
1.The School Council
(1)The government of the School shall be entrusted to a committee known as the ……..…………………………. Lutheran School Council.
(2)The Council shall be elected annually by the District Synod.
(3)The Council shall comprise
(a)voting members of the congregations of the District;
(b)voting members of other designated bodies of the Church;
[If required].
(c)the Principal who shall be an ex-officio, non voting member;
(d)the Pastor/Chaplain and the Bursar as consultants; and
(e)such other consultants as may be required from time to time.
(4)The Council
(a)shall not include School employees or their spouses; and
(b)should not include parents, children or siblings of employees.
(5)The Council shall submit nominations to the District Church Council to fill vacancies on the Council until the next annual meeting of the District Synod.
(6)The Council shall meet regularly, and at least (…10) times per year.
(7)Any Council member, absent for 3 consecutive meetings without reasonable excuses, forfeits the right to remain on the Council.
(8)The Council shall be accountable to the District and under its direction.
(9)The duties of the Council shall be as determined by the District ChurchCouncil.
(10)The Council may co-operate or affiliate with other bodies, always provided that the Objects of the School are upheld.
(11)In all its conduct, the Council shall abide by any relevant legislation and in so doing shall comply with all relevant policies and procedures established by the Church at District and National levels in order to ensure compliance with such legislation
2.The Principal
The day to day management of the School shall be entrusted to the Principal, who shall be appointed by the School Council in conjunction with the District Church Council. Appointment is to be made as determined by District Church Council.
3.Finance
(1)All financial commitments of the School, whether capital or recurrent, shall be the ultimate responsibility of the District.
(2)Government funding may be accepted provided that the conditions of acceptance do not conflict with the Confessional Basis of the School and the religious principles of the Church.
(3)The School shall be a not for profit organisation.
(4)The School shall be accountable to State and Commonwealth Governments for the use of any financial assistance offered and accepted.
(5)All moneys and properties received and derived in connection with the School shall be applied solely to the purposes of the School.
(6)A schedule of fees payable for enrolment at the School shall be determined each year by the District education authority on the recommendation of the Council.
[Note: DistrictChurch Council to determine actual authority authorised to adopt fee schedule and budget.]
(7)All incidental fund-raising activities on behalf of the School shall be conducted only with the approval of the Council, through the Principal.
(8)The Council shall be responsible for maintaining accurate and proper accounts and records of the financial transactions of the School.
(9)The financial year of the school shall commence on the 1st of January.
VIII. THE STAFF
1.The Principal/Deputy Principal/Acting Principal/Heads of sub-schools must
(1)(a)be an active member of the Church;
(b)uphold the teachings of the Church and model the Christian lifestyle; and
(c)be committed to the principles of Lutheran education; and
(2)be a registered and skilled teacher; and
(3)have completed or undertake to complete within an agreed period of time the necessary theological studies as prescribed by the Church in its Staffing Policy.
2.Other teaching staff shall
(1)(a)be active members of the Church but if appropriate staff is not available be active Christians in other denominations;
(b)be willing to uphold the teachings of the Church and model the Christian lifestyle;
(c)have a commitment to the principles of Lutheran education; and
(2)be registered and skilled teachers; and
(3)complete the necessary theological studies as prescribed by the Church in its Staffing Policy.
3.The Pastor/Chaplain shall have pastoral oversight of the School, exercising this ministry to the School and its community with and through the Principal and the teachers.
- Any action to suspend, dismiss or terminate the services of staff shall be taken in accordance with the current policies and procedures of the Church and State.
IX. THE STUDENTS
1.The students shall be enrolled in the manner determined by Council from time to time.
2.Within the context of Christian ministry a student who manifestly violates Christian conduct and/or seriously disrupts school life and work and refuses to respond positively to admonition and encouragement may be expelled from the School.
X. NOT FOR PROFIT
The assets and income of the school shall be applied solely in furtherance of the Objects set out in the Constitution and no portion shall be distributed directly or indirectly to members or members of the Ministry except as bona fide compensation for services rendered or expenses incurred on behalf of the school.
XI. DISSOLUTION
1.Any resolution for dissolution shall be made according to the following procedure:
(1)For a dissolution initiated by
(a)the School Council: the notice of motion shall be forwarded to the District Church Council after consultation with the District education authority; if Church Council agrees, it shall forward the motion to District Synod for approval.
(b)the District Church Council: the motion shall be forwarded to District Synod after consulting with School Council and the District education authority.
(2)At least 21 days written notice of a District Synod, specifying the intention to dissolve as a special motion, shall be given to all the delegates of the District Synod; and
(3)The motion shall require a majority of three quarters of all the delegates of the District Synod.
2.The use or disposal of the real and personal estate of the School shall be determined by District Synod.
3.In any case any surplus assets must not be distributed to members of the school or District but will be given or transferred to one or more institutions having objects similar to the Objects of the school and which prohibit the distribution of income and property among its members to an extent at least as great as is imposed on the school by Article X.
XII. ALTERATIONS TO CONSTITUTION AND BY-LAWS
1.The District Synod shall have power to amend, alter, add to or repeal these rules, except as hereinafter provided.
- Article II. and Article XII.2. shall be considered fundamental and shall not be amended, altered, added to or repealed so as to alter their intent and meaning.
3.Any alterations to the Constitution and By-laws shall have no effect until they have been approved by the District Church Council which shall consider alterations on the advice of the District Constitutions Committee,
Adopted by School Council on: ......
Signed:………………...... ………………………......
Chairperson
……………………...... ……………………………......
Secretary
Endorsed by the Council for Lutheran Education South Eastern Region on ..…………..….………………
Signed:……………………………………………………….
Director
Approved by Church Council of the LutheranChurch of Australia Victorian District on / /
Signed……………………………………………….
President
Signed ……………………………………………..
Council Member
MODEL BY-LAWS FOR A LUTHERAN SCHOOL
[DISTRICT]
By-Laws for the
………………………………….
(name of school)
I. VOTING MEMBERS
Voting members are the delegates of the District Synod who shall elect the members of the School Council and shall receive its Chairperson’s report and adopt the audited financial statements.
II. THE SCHOOL COUNCIL
1.Membership
(1)The Council shall comprise
(a) … voting members of congregations of the District;
(b) of these, at least one member must be a Pastor; and
(c) the Principal and consultants as specified in the Constitution.
(2)From its own membership the Council shall elect annually a Chairperson, a Vice-Chairperson and a Secretary.
2.Duties
The Council shall
(a)promote the School and foster interest in it among members of the District and in the community;
(b)develop and implement policies, programs and projects in accordance with the Objects of this Constitution;
(c)have oversight of the general administration of the School;
(d)be responsible for providing staff adequate for the needs of the School and to that end
(i)advise the District Director of Lutheran education from time to time of the staffing needs of the School;
(ii)recommend to the District Church Council, the Principal, Pastor/Chaplain for appointment to the School in accordance with Church policies; and
(iii)ensure that teachers and other staff are appointed in accordance with Church policies.
(e)be concerned with the livelihood and general well-being of the staff;
(f)encourage and assist in the academic and theological professional development of the Principal and teachers;
(g)have oversight of the activities of School auxiliary bodies;
(h)recommend annually to the District Church Council an independent, accredited Auditor for appointment;
(i)submit the schedule of fees and the annual School budget to the District Church Council;
(j)submit minutes of its meetings to the District Church Council;
(k)receive regular reports from the Principal;
(l)place before the District Church Council for its decision any matters that involve changes in policy, the adoption of new projects involving expenditure beyond the approved budget, and proposals for the borrowing of money; and
(m)conduct its meetings, where applicable, in accordance with the rules for transacting business adopted by the Church;
3.Duties of Officers
(1)the Chairperson shall
(a)preside at meetings of the Council;
(b)maintain liaison on behalf of the Council with the District Church Council, District educational authority, the Principal, and the staff, and so assist in carrying out the Objects of the School;
(c)ensure that the decisions of the Council are carried out and generally complied with, advise and encourage all who hold office; and
(d)ensure that an agenda is prepared for meetings of the Council.
(2)The Vice-Chairperson shall
(a)serve as Chairperson when the Chairperson is unable to act, or when requested to do so by the Chairperson;
(b)assist the Chairperson and carry out other duties specifically assigned; and
(c)act as Chairperson when the office of Chairperson is vacant.
(3)The Secretary shall
(a)keep an accurate record of all proceedings of the Council;
(b)attend to all correspondence unless delegated to another person;
(c)prepare an agenda for meetings in consultation with the Chairperson and the Principal; and
(d)ensure that committees are informed of decisions affecting their duties.
4.The Executive Committee
(1)the Council may have an Executive committee comprising the Chairperson, Vice-Chairperson and Secretary; the Principal shall serve as consultant.
(2)The Executive Committee shall
(a)act for the Council, if required, between regular meetings of the Council; and
(b)carry out other duties as directed by the Council from time to time. The Executive Committee is at all times responsible to the Council.
5.Sub-committees
(1)The Council may appoint sub-committees from time to time which may include persons who are not members of the Council, to perform specified tasks.