Minutes Meeting of the Board of Directors A meeting of the Board of Directors was held on Wednesday 22 April 2009 at 10:30 am in the Board Room, Learning and Teaching Scotland, The Optima, 58 Robertson Street, Glasgow G2 8DU. Present: James Conroy, Board Member Carole Ford, Board Member Louise Hayward, Board Member Jacqui Hepburn, Board Member Bernard McLeary, Chief Executive John Mulgrew OBE, Chair Iain Nisbet, Board Member Graeme Ogilvy, Board Member In attendance: Alan Armstrong, Director - Education Improvement Denise Brock, Head of Communications (Item 10 only) Eileen Gill, Seconded from Scottish Government Alistair Gordon, Head of Finance & Company Secretary Stewart Carruth, Director - Corporate Services Jamie MacDougall, Scottish Government Catherine MacIntyre, Professional Adviser, Policy & Governance Laurie O'Donnell, Director - Learning and Technology Stuart Ritchie, Director - Curriculum Apologies: Alison Coull, Scottish Government Christine Pollock, Special Adviser Douglas Weir, Board Member Gavin Whitefield, Special Adviser Action 1. Apologies / Welcome 1.1 Apologies were received as noted above. 1.2 John welcomed Eileen Gill who has been seconded to work in LTS from a senior post within the Scottish Government. Eileen will play a lead role in implementing the outcomes from the Review and will help strengthen links with the Scottish Government. John also welcomed Jamie who would provide an update on progress with the Scottish Government’s Review of LTS. Meeting of the Board of Directors 22 April 2009 1 B.Mins.02/09 Due Date Minutes 2. Due Date Alistair Feb 08 Minutes of the Previous Meeting held on 18 February 2009 + Action Grid 2.1 3. Action The Minutes of the previous meeting, Closed Session Discussion and Action Grid were accepted as a true record. The Minute and Action Grid will now be published on the website, subject to any FOI exemptions. Matters Arising from the Previous Minutes 3.1 3.2 Pay Negotiations / Voluntary Severance (Items 7.5 & 7.6 refer) 3.1.1 Stewart advised that Year 2 of the 3 year pay arrangement came into effect on 1 April 2009 and approximately 75% of staff received, on average, a 5% pay increase. The Board noted that 6 / 7 members of staff, previously ‘red circled’ were now back within the pay structure. This leaves around 20 staff who remain ‘red circled’, but this number is slowly decreasing. 3.1.2 Jim queried the affect being ‘red circled’ had on those staff. Alistair explained that staff had responded differently, but generally all had a professional attitude. Bernard added that each staff member is being supported individually, with counselling,professional development and retraining being part of the discussions. 3.1.3 The Board noted that LTS was not alone in this and many organisations are facing the same difficulties. Board’s Engagement with Stakeholders (Item 10.1 refers) 3.2.1 John commented on the correspondence that had been circulated to Board Members since the last meeting. Catherine confirmed that the staff lunches and Glow awareness raising sessions had now been arranged. The Board will be kept up-to-date on progress with other actions as previously agreed. Meeting of the Board of Directors 22 April 2009 2 B.Mins.02/09 Minutes Action 4. Declarations of Interest 4.1 5. None. Curriculum for Excellence and Glow Presentation 5.1 Bernard introduced this item and drew the Board’s attention to the letter received from the Cabinet Secretary commending LTS for its very significant contribution to the achievement of the successful launch of the CfE experiences and outcomes. 5.2 Board Members also noted the key points in the paper. These included: Support for Teachers and Local Authorities 5.2.1 Over the coming months, LTS will be focusing on providing support for local authorities, teachers and other education practitioners in the use of the new Experiences and Outcomes. 5.2.2 LTS is arranging a series of CPD events across Scotland in April and May. 5.2.3 Examples of good practice on the CfE website will be expanded over the next few months. The CfE website itself will continue to be developed with the launch of an interactive version of the Experiences and Outcomes to coincide with the launch of the ring-bound, hardcopy versions of the full set of Experiences and Outcomes in late May. Both the website and hardcopy versions will follow the same colour coding convention for each curriculum area. 5.2.4 National Glow Groups have been established by LTS to cover the full range of CfE activity and can be accessed by all members of the Glow community, including pupils and parents. 5.2.5 Online events and extensive use of Glow meet have been planned demonstrating the added value that Glow brings to the development of CfE. Meeting of the Board of Directors 22 April 2009 3 B.Mins.02/09 Due Date Minutes Action Testing the Framework 5.2.6 LTS has initiated and is lead partner in Testing the Framework. This provides an opportunity for practitioners to work together on the technical tasks of testing the Building the Curriculum 3 framework for curriculum planning. The partnerships includes LTS, Scottish Government, SQA, HMIE and liaison with Scotland’s Colleges. 5.2.7 LTS materials used at Testing the Framework events will be put onto the CfE website in an easy to use format with instructions, presentations, film clips and presenter guidelines. Assessment 5.2.8 Working with the Scottish Government, HMIE and SQA, LTS has been closely involved in the development of national advice on assessment. As a key element of engagement activity on assessment, seminars across the country involved around 800 practitioners from early years, primary, secondary, special and FE sectors. Feedback from the seminars is informing the preparation of the assessment framework, to be published within the Building the Curriculum series. 5.2.9 LTS will continue to work in partnership to promote understanding of the key features of assessment in CfE, including advice on how assessment information should be used to support improvement throughout the system, and approaches to recognising achievement. Presentation 5.2.10 Alan then gave Board Members an insight into the newly launched CfE website, demonstrating the structure and easy navigation around the site. Laurie followed this with a demonstration and explanation of the added value that the effective use of Glow brings to both teachers and learners. Meeting of the Board of Directors 22 April 2009 4 B.Mins.02/09 Due Date Minutes Action 5.2.11 Going forward, the Board noted that LTS’ research team will be adding data to the website about current research. Further sections will be added which describe how teachers can make changes in the classroom and the conferences that LTS is running will explain this process. . Board Members discussed LTS’ role in this in light of the Concordat and agreed that it would require a combination / collaboration of LTS, universities and other organisations. 5.2.12 Board Members went on to discuss the need to see Glow as a component part of a teacher’s set of tools and one aspect of the blended learning experience. The Board also discussed access to Glow by parents and pupils and Laurie explained how this was contolled and monitored. 5.2.13 Finally, Board Members noted that LTS will be setting new targets for Glow – both qualitative and quantitative which will properly reflect Glow’s key role in the successful implementation of CfE. 5.2.14 The Board recognised the pressure put on LTS to deliver the CfE programme and were also very encouraged to hear how Glow is developing. 6. Scottish Government Review of LT Scotland 6.1 John introduced this item and reminded the Board of the status of the Review at the time of the last Board Meeting in February. Since then, John and Bernard met with the Director of Schools, Colin MacLean and Jamie MacDougall to discuss the next steps in the process. John invited Jamie to brief the Board on the Scottish Government’s progress to date and also to explain the subsequent stages prior to conclusion and implementation. 6.2 Jamie recognised that some considerable time had elapsed since the announcement by the First Minister in January 2008 until Jamie had taken over responsibility for the Review in October 2008. Meeting of the Board of Directors 22 April 2009 5 B.Mins.02/09 Due Date Minutes Action 6.1.3 However, Jamie stated that he did not now wish to rush the process as he was eager to ensure that the findings were underpinned by robust evidence. The key points from Jamie’s briefing were as follows: 6.2.1 The Scottish Government has consulted widely about what is required in the system and, as a result, now has a strong suite of evidence. This covers the areas of support needed. It was not about current activity nor was it an assessment of how LTS was delivering. 6.2.2 From this evidence, a number of themes emerged. These have been discussed with John and Bernard and used to construct the Phase 1 report. 6.2.3 Jamie had circulated the report internally within the Scottish Government from which some further issues emerged. The report was then sent to Bernard for comment, but further circulation has been restricted until the report has been shared with Ministers. 6.2.4 Comments were received from Bernard, most of which have been incorporated and the updated version will now be sent back to Bernard for final review by w/ending 24 April or w/beginning 27 April. 6.2.5 A meeting with Ministers (Fiona Hyslop and Keith Brown) is planned for 7 May 2009 to discuss the report. This meeting will drive the timetable of what happens next. 6.2.6 It was likely the main elements from the Phase 1 report would merge into Phase 2. Tasks and Functions and whether these are National or Local and what LTS’s role is in delivering these will be discussed with Ministers. It would then be the intention to discuss this with the LTS Board of Directors but importantly there would need to be discussion about implications for other bodies. Meeting of the Board of Directors 22 April 2009 6 B.Mins.02/09 Due Date Minutes Action 6.2.7 There are a number of grey areas within the National / Local tasks, eg where it would make more sense for economies of scale for some local needs to be delivered either nationally across all authorities, or in groupings of authorities. The implications of the Concordat will also need to be taken into consideration. 6.2.8 Once the report has been discussed and agreed with Ministers, it is then the Scottish Government’s intention to discuss the implications for other organisations, followed by discussions with, for example, Cosla, HMIE, SQA and then to look at the practicalities of taking this forward. 6.2.9 Timescales are difficult to define because of the consultation phase with other organisations and Cosla. 6.3 John agreed that, as soon as the report is available – following the meeting with Ministers on 7 May - he will convene a Special Meeting of the Board. Colin MacLean will represent the Scottish Government at this meeting. The Board’s role in the Review of LTS is very important and this meeting will be held for the sole purpose of discussion of the report with Colin MacLean. 6.4 John also commented on the Board’s concern for LTS staff and the need to have a meeting with staff at some stage in the near future. Bernard commended Jamie for his professional and speedy approach in taking forward the Review. However, there remains an issue of fairness to staff as it is now 15 months since the Review was announced. 6.5 The Board then discussed the key educational principles that underpin the tasks and functions, and in particular, that learning, teaching and assessment should not be separated. Jamie confirmed that assessment was one of the most controversial issues and that the way forward would likely be for the organisations (eg LTS and SQA) to work collaboratively. Collaborative working is an underpinning requirement for the delivery of CfE and assessment and this will be one of the areas to be discussed with Ministers. Louise commented that CfE should be Curriculum and Assessment for Excellence. Meeting of the Board of Directors 22 April 2009 7 B.Mins.02/09 Due Date Minutes Action 7. 6.6 Carole added that there are a number of different principles, for example, the business / commercial approach to delivery of qualifications. There is also serious concern within the school community in relation to HMIE / SQA that there is a danger of undue influence if roles are not clear and distinct. Jim endorsed the view that there is a issue of principle and a need for real clarity of purpose. Jamie suggested that the starting point should be from a basis of delivering outcomes. 6.7 In response to a question from Jacqui, Jamie confirmed that consultation with other organisations would commence very quickly after the meeting with Ministers, not least because of the need to continue delivery of CfE. Jacqui also raised the impact of the Review on the Budget / Grant-in-Aid and Business Plan for 2009 / 10. Jamie agreed that this would need to be taken into consideration. 6.8 In summary, John said that we would not want to see a collision of HMIE, SQA, LTS, etc., but rather something emerge which draws senior representatives of these organisations together in a formal sense, or a narrative with clear roles that avoids overlaps. The planned meeting with Ministers on 7 May is encouraging and the Board is prepared to respond flexibly to convene a meeting with Colin MacLean as soon as the report is made available. John thanked Jamie for his very full and useful briefing. Planning and Budgeting 7.1 Final Draft Business Plan 2009 / 10 7.1.1 Stewart reminded Board Members that LTS had received advice from the Scottish Government that we should proceed with development of our Business Plan on the basis of ‘business as usual’ and, similarly, our budget on an ‘as is’ basis. The Board noted that, also included within this year’s Business Plan are a number of examples of LTS’s achievements during the last year 08 / 09. Meeting of the Board of Directors 22 April 2009 8 B.Mins.02/09 Due Date Minutes Action 7.2 7.1.2 LTS’s Business Plan for 09 / 10 again demonstrates clear links between LTS’s programmes and the Scottish Government’s National Performance Framework. The scope of the programmes have been agreed in discussion with colleagues in the Scottish Government. 7.1.3 The Board accepted that there would be an opportunity for fuller debate on the Plan after the outcome of the Review is known. However, in the meantime, the Board unanimously approved the Business Plan for 2009 / 10. Final Draft Budget 2009 / 10 7.2.1 7.2.2 Alistair spoke to this item and commented as follows: i) The Audit Committee reviewed and endorsed the draft budget for technical accuracy at its meeting on 24 March. ii) It is a break-even budget and, although as at the time of writing LTS still had not received formal Grant letters from the Scottish Government, the budget had been prepared on an ‘as is’ basis per advice from Scottish Government. iii) LTS is operating on a capped core grant basis. iv) Provision has been made for a second phase of Voluntary Severance and for additional staffing as a number of vacancies have not been filled pending the outcome of the Review. Graeme advised that the Audit Committee had noted that the Scottish Government’s budget cuts and policy of no compulsory redundancy could give rise to problems. However, LTS had received confirmation from the Scottish Government that funds could be carried forward into 2009 / 10. Meeting of the Board of Directors 22 April 2009 9 B.Mins.02/09 Due Date Minutes Action 7.2.3 8. Final Draft Gaelic Language Plan for Learning and Teaching Scotland 8.1 9. Finally, John commented that it was the usual tight budget for LTS and the Board did not yet know what, if any, implications would emerge as a result of the Review of LTS. Notwithstanding the issues noted above, the Board unanimously approved the budget for 2009 / 10. Stuart summarised for Board Members the key points relating to the draft Plan which included: 8.1.1 LTS is committed to producing a plan as are other national bodies. The Board noted LTS’s commitment to Gaelic and to promoting the principle of ‘equal respect’ for Gaelic 8.1.2 The Plan will be translated into Gaelic prior to external consultation. 8.1.3 The Plan will be sent to Bord na Gaidhlig in June for final approval. 8.2 Stuart also advised that LTS continues to work in partnership with SQA and HMIE and recently held a joint conference in Inverness which was very well-received by the Gaelic community. 8.3 Finally, Stuart reported that LTS had appointed a Gaelic Education Manager who will take forward the work of implementing the Plan, together with CfE and Glow developments, making sure that Gaelic has a secure place in LTS’s work. Corporate Performance Report 9.1 Stewart confirmed that there were no issues to bring to the Board’s attention within the report covering January / February 2009. Meeting of the Board of Directors 22 April 2009 10 B.Mins.02/09 Due Date Minutes Action 9.2 10. 11. Stewart then provided a verbal update for March which indicated a change in two areas. Board Members noted that there is slippage back into ‘Red’ within the RLG (Resource, Learning and Growth) area of the Corporate Scorecard. This is due partly to longterm sick absence. However, in overall terms, LTS’s sick absence levels are low (3.77) when compared with elsewhere in the public sector (9.8). The other area is Investment in Learning and development which is largely because of the impact the Review is having on our ability to invest in certain areas of the organisation. We would expect to see this changing after the outcome of the Review is known and we are better able to target investment. Chair’s Report 10.1 The Board noted the update tabled by John. 10.2 John also reported on his regular communication with the Scottish Government and advised Board Members that Philip Rycroft, Director General Education, would be leaving the Scottish Government in May. John undertook to write to Philip on behalf of the Board to thank him for his support. John Chief Executive’s Report 11.1 Confucius Classroom Hubs Update 11.1.1 Alan commented briefly on his update, pointing out that Scotland has a greater number of hubs than England and Wales currently does not have any. 11.1.2 In response to a query from Iain, Bernard explained that the reason few authorities appear to be offering Higher Mandarin is that the qualification is not scheduled to be launched until May 2009. 11.1.3 Bernard also reported that other authorities have expressed interest in establishing a hub. However, there are issues about supply of teachers and also the importance of Mandarin. Meeting of the Board of Directors 22 April 2009 11 B.Mins.02/09 Due Date Minutes Action 11.1.4 LTS will be meeting with the Hanban and will explore the possibility of the Hanban supplying more language assistants. 11.1.5 Jim suggested that there was a role for LTS to develop a strategy for the Government. As CfE roles out the flexibility that it provides should be used. 11.2 Local Authority Pilot Update 11.2.1 Stewart described the rationale behind the pilots which LTS had initiated in response to changes taking place in the public sector landscape. This new model of working in partnership with local authorities will feed into the National Outcomes. 11.2.2 An evaluation of the model and of each of the four pilots will be carried out to determine whether LTS should adopt this way of working across all its programmes. 11.3 LTS and 4iP – Letter of Intent The Board noted the report. 11.4 LTS and iTunesU Update The Board noted the report. 11.5 Interconnect2 Update 11.5.1 Laurie reminded Board Members that the Interconnect forms part of the national ICT infrastructure for schools. 11.5.2 Laurie reported that the project is on track to deliver on time and within budget. However, given the scale, complexity and level of funding involved, the decision has been taken to continue the status of the project on Amber. There is also the issue of monitoring Thus and Cable + Wireless who are currently going through major restructuring. Meeting of the Board of Directors 22 April 2009 12 B.Mins.02/09 Due Date Minutes Action 11.5.3 The Board noted that the Interconnect2 will mean that bandwidth will increase and that local authorities can, individually, increase bandwidth further if they wish. 11.6 Scottish Learning Festival 11.6.1 Laurie confirmed that SLF is also on track for successful delivery. Keynote speakers are now in place and the programme is scheduled to be published shortly. 11.7 Outcomes Based Approach for NDPBs (verbal update) 11.7.1 Stewart gave the Board a brief update on LTS’s involvement in an initiative which is being led by the NDPB Chief Executive’s Forum. The work involves looking at outcomes across NDPBs to determine where there are opportunities for joint working between NDPBs and also to identify NDPB’s preferred level of engagement with local authorities. 11.7.2 This will enable LTS to cross check against outcomes and demonstrate our contribution to the National Performance Framework. The model also has the potential to become a learning tool for other organisations. 11.3 Media Update 11.3.1 The Board noted the report and the high level of press activity around the time of publication of the Outcomes and Experiences. 11.3.2 Stewart suggested that, in future, Board Members may find it more useful to receive the media report electronically in advance of Board Meetings. This was agreed. Meeting of the Board of Directors 22 April 2009 13 B.Mins.02/09 Due Date Minutes Action 12. Board Member Discussion Item 12.1 Role of Tapestry 12.1.1 Jim raised a number of issues concerning Tapestry. 12.1.2 Bernard confirmed that Tapestry is not a part of LTS and LTS/ LTS staff have no role in Tapestry management or governance. This position has recently been confirmed in writing to Tapestry in respect of Bernard and John’s previous informal role in advising Tapestry. 12.1.3 Like most local authorities and universities in Scotland, LTS does agree to joint badging on certain publicity. LTS has also commissioned Tapestry specifically to run a CfE event. 12.1.4 By way of background, Bernard advised Board Members that in 2005, the Scottish Government requested that LTS provide accommodation for the Tapestry Partnership and Tapestry moved to the Optima in February 2006 in response to that request. 13. Items for Noting 13.1 Finance Reports – January and February 2009 13.1.1 Board Members noted the reports. 13.2 Minute from Audit Committee – 24.3.09 13.2.1 Graeme gave a brief update in Douglas’ absence which included the following points: i) Corporate Risk remains ‘Red’ and will not change until the Scottish Government’s Review of LTS is completed. ii) LTS has begun scenario planning in relation to the impact of potential financial pressures as a result of current economic circumstances. Meeting of the Board of Directors 22 April 2009 14 B.Mins.02/09 Due Date Minutes Action iii) LTS internal auditors, PwC, has identified that LTS has good, well designed, arrangements in place for budgetary control. iv) Scott Moncrieff (LTS’s existing external auditors) has been appointed by the Auditor General to carry out the future external audit function. Future audits will be wider than previously undertaken and now include corporate governance, risk management, standards of conduct, internal audit arrangements and fraud and irregularity. 13.2.2 Overall, the Audit Committee is content with the controls in place and that appropriate measures are being taken by officers to mitigate risks. 13.2.3 John reminded Board Members that Douglas’ is due to retire from the LTS Board in July and the next meeting in June will, therefore, be Douglas’ last Board and Audit Committee Meeting. John has arranged to meet Douglas to discuss succession planning in terms of chairing the Audit Committee. 14. Any Other Business 14.1 Update from the Advisory Council 14.1.1 Louise advised Board Members that the Advisory Council is nearing completion of the draft of the first paper: What Matters for Effective Change. The intention is produce in two parts: detailed paper plus an Executive Summary. All papers will follow this format. 14.1.2 The Advisory Council is planning to merge ideas of engagement and dissemination, both internal and external, and will bring a paper to the next Board Meeting for reflection. The Advisory Council will be using a wide range of external networks, including Council Members’ own networks in this process. Meeting of the Board of Directors 22 April 2009 15 Louise B.Mins.02/09 Due Date Minutes Action Due Date 14.1.3 The eventual aim is to have a fully developed paper which can then be further developed into an interactive resource and made available through Glow. 15. Date of Next Meeting 15.1 The next meeting of the Board of Directors will take place at 10.30am on Wednesday 17 June 2009 in the Board Room, Learning and Teaching Scotland, Glasgow. Approved by: ______________________________________ John Mulgrew OBE, Chair Date: _________________ Approved by: ______________________________________ Alistair Gordon, Company Secretary Date: _________________ Meeting of the Board of Directors 22 April 2009 16 B.Mins.02/09