School Closure Policy Public Meeting Dec. 12 th, 2006 Jordan Tinney Dec. 12, 2006

Materials tonight… Thanks to Harris and Company for their materials. Thanks to Harris and Company for their materials.

From the Ministerial Order Board must have a policy; Board must have a policy; Policy must be made available to the public; Policy must be made available to the public; Policy must be applied when closing a school permanently; Policy must be applied when closing a school permanently; Policy must include a public consultation process; Policy must include a public consultation process; Power to close a school must be exercised through bylaw. (Bylaw under revision as a result of Committee of the Whole Structure) Power to close a school must be exercised through bylaw. (Bylaw under revision as a result of Committee of the Whole Structure)

Policy and legal decisions “The contents of that policy are left completely up to the Board, presumably to enable it to craft a policy that will be responsive to local conditions.” “The contents of that policy are left completely up to the Board, presumably to enable it to craft a policy that will be responsive to local conditions.” Civitarese et al v. The Board of School Trustees of School District No. 20 (Kootenay-Columbia). Civitarese et al v. The Board of School Trustees of School District No. 20 (Kootenay-Columbia).

Policy and legal decisions The 45 day time span was “far from perfect” but still fundamentally procedurally fair. The 45 day time span was “far from perfect” but still fundamentally procedurally fair. Mercer et al v. School District No. 61 (Greater Victoria School District) Mercer et al v. School District No. 61 (Greater Victoria School District)

Lessons learned from closures The essential question to be addressed in each case is whether the consultation process as a whole was fair. The essential question to be addressed in each case is whether the consultation process as a whole was fair. Essential question is whether parents have the opportunity to make timely submissions with respect to the school closure criteria. Essential question is whether parents have the opportunity to make timely submissions with respect to the school closure criteria.

Lessons learned from closures To justify quashing a decision of a duly elected body, flaws in procedural fairness must be very significant, amounting to fundamental flaws such as not being afforded the opportunity to be heard or not being given most or even some of the relevant information. To justify quashing a decision of a duly elected body, flaws in procedural fairness must be very significant, amounting to fundamental flaws such as not being afforded the opportunity to be heard or not being given most or even some of the relevant information.

Permanent School Closure Policy 3050 Guiding Beliefs: Guiding Beliefs: The Board will ensure that adequate public consultation has taken place prior to making a decision to permanently close a school. All persons in the community who could be affected by a school closure should be made aware of the Board’s proposal to close a school and given an adequate opportunity to comment on the proposal. The Board will ensure that adequate public consultation has taken place prior to making a decision to permanently close a school. All persons in the community who could be affected by a school closure should be made aware of the Board’s proposal to close a school and given an adequate opportunity to comment on the proposal. For consultation to be meaningful, the Board will give fair consideration to all public input prior to making its final decision with respect to any school closures. Fair consideration includes the concept that the Board’s proposal to close a school could be changed or reversed. For consultation to be meaningful, the Board will give fair consideration to all public input prior to making its final decision with respect to any school closures. Fair consideration includes the concept that the Board’s proposal to close a school could be changed or reversed.

Permanent School Closure Board Regulations 3050R1 Timelines and Process Timelines and Process The Board will provide a minimum of 60 days for the consultation process, relating to specific schools proposed for closure. The Board will provide a minimum of 60 days for the consultation process, relating to specific schools proposed for closure. Public Board Meeting Public Board Meeting Any proposed closure of a school will first be raised at a regular open meeting of the Board. Any proposed closure of a school will first be raised at a regular open meeting of the Board. Public consultation will be undertaken by the Board prior to making a final decision on any proposed closure of a school. Public consultation will be undertaken by the Board prior to making a final decision on any proposed closure of a school.

Permanent School Closure Board Regulations 3050R1 The Board will take the following steps to ensure that an open and meaningful public consultation has taken place: a) Make available, in writing, a full disclosure of all facts and information considered by the Board with respect to any proposed school closure, including but not limited to: i. detailed reasons for the proposed school closure; ii. which specific school(s) are being considered for closure; iii. the proposed new catchment areas for all schools proposed to be affected; iv. the number of students who would be affected, at the school(s) being considered for closure as well as surrounding school(s); v. the effect of proposed closures on board-provided student transportation; vi. educational program/course implications for the affected students; vii. the proposed effective date of the closure(s); viii. financial considerations, and ix. impact on the Board’s five-year capital plan.

Permanent School Closure Board Regulations 3050R1 Provide an adequate opportunity for affected persons to submit a written response to any proposed school closure and information and directions on how to submit a written response to the Board. The information and directions should advise potential correspondents that their written response may be referred to at subsequent public forums respecting the proposed closure, unless the correspondent specifically states in their written response that the correspondent wishes his or her name and address to remain confidential. Provide an adequate opportunity for affected persons to submit a written response to any proposed school closure and information and directions on how to submit a written response to the Board. The information and directions should advise potential correspondents that their written response may be referred to at subsequent public forums respecting the proposed closure, unless the correspondent specifically states in their written response that the correspondent wishes his or her name and address to remain confidential. Hold at least one public meeting to discuss the proposed closure, summarize written submissions, and listen to community concerns and proposed options. Hold at least one public meeting to discuss the proposed closure, summarize written submissions, and listen to community concerns and proposed options.

The Public Meeting(s) The time and place of the public meeting should be appropriately advertised to ensure adequate advance notification to affected persons in the community. Generally, this will mean a newsletter to students and parents of students currently attending the school, and a clearly visible notice in a local newspaper. The time and place of the public meeting should be appropriately advertised to ensure adequate advance notification to affected persons in the community. Generally, this will mean a newsletter to students and parents of students currently attending the school, and a clearly visible notice in a local newspaper. The Board should also specifically notify, in writing, any potentially affected local governments and First Nations of the time and place of the public meeting. The Board should also specifically notify, in writing, any potentially affected local governments and First Nations of the time and place of the public meeting.

The Public Meeting(s) Discussions should include the following: Discussions should include the following: a) implications of the closure; b) implementation plans, including timing of the closure; c) options that the Board considered as alternatives to closure; d) possible future community growth in the area of the school, and e) contents of written submissions presented to the Board by members of the community.

The Final Decision The Board should keep minutes of the public meeting that include a record of options suggested or concerns expressed about the proposal. The Board should keep minutes of the public meeting that include a record of options suggested or concerns expressed about the proposal. Following the public meeting, the Board should give fair consideration to all public input prior to making its final decision with respect to any proposed school closures. Following the public meeting, the Board should give fair consideration to all public input prior to making its final decision with respect to any proposed school closures. The Board will make its final decision regarding the proposed school closure at an advertised public/Board meeting following the consultation process. The Board will make its final decision regarding the proposed school closure at an advertised public/Board meeting following the consultation process.

Comments from Ombudsman “principles of administrative fairness and case law regarding public consultation provide that a fair public consultation process should include the provision of information about the decision being considered, reasonable and adequate time to make views known and to express opinions, and a real opportunity for persons affected to take reasonable steps to influence the decision.” “principles of administrative fairness and case law regarding public consultation provide that a fair public consultation process should include the provision of information about the decision being considered, reasonable and adequate time to make views known and to express opinions, and a real opportunity for persons affected to take reasonable steps to influence the decision.” Purcell v. Board of School Trustees (No. 82)

Comments from Ombudsman We recognize that the policy… We recognize that the policy… We note that the policy… We note that the policy… Consider strategies to… Consider strategies to… Willing to modify policies…specifically to… Willing to modify policies…specifically to… We wonder if …modify policy xxx to include… We wonder if …modify policy xxx to include…

Fair and due process Often comes down to “I spoke but I wasn’t heard.” Often comes down to “I spoke but I wasn’t heard.” There was no “real” consultation. There was no “real” consultation. It was all a done deal. It was all a done deal.

Principles of Consultation Consultation means being provided a meaningful opportunity to be heard prior to a decision being made or implemented. Consultation means being provided a meaningful opportunity to be heard prior to a decision being made or implemented. In order for consultation to be fair and meaningful, the ultimate decision must not be made until input is received from the consulted party. (Yellowknife) In order for consultation to be fair and meaningful, the ultimate decision must not be made until input is received from the consulted party. (Yellowknife) Consultation should involve a bilateral interaction by parties informed of each other’s position where each has the opportunity to give and receive information. (Lakeland College) Consultation should involve a bilateral interaction by parties informed of each other’s position where each has the opportunity to give and receive information. (Lakeland College) In consultation there is a duty on the decision maker to fully inform the other side of its own position as well as to fully inform itself of the position of the other. (R. v. Jack, Lakeland College) In consultation there is a duty on the decision maker to fully inform the other side of its own position as well as to fully inform itself of the position of the other. (R. v. Jack, Lakeland College) Sufficient information and the reasons for the contemplation of the decision should be provided to the party being consulted. The consulted party should then be permitted reasonable and adequate time to prepare and make submissions on the information. Sufficient information and the reasons for the contemplation of the decision should be provided to the party being consulted. The consulted party should then be permitted reasonable and adequate time to prepare and make submissions on the information. Submissions should be received and considered with an open mind. (Purssell) Submissions should be received and considered with an open mind. (Purssell)

Principles of Consultation Consultation is an opportunity to have a say and an expectation of a response. Parties must confer or take regard and consider each others views. Consultation is an opportunity to have a say and an expectation of a response. Parties must confer or take regard and consider each others views. (Ottawa City) An opportunity must be provided for both sides to be heard and to state the factors they feel should guide the decision. (Lakeland College) An opportunity must be provided for both sides to be heard and to state the factors they feel should guide the decision. (Lakeland College) In consultation, both parties have an active role to discuss, express opinions, and make their views known to each other. In consultation, both parties have an active role to discuss, express opinions, and make their views known to each other. The party with the obligation to consult should remain open to suggestions and input before a final decision is made. (Ottawa City, CBC) The party with the obligation to consult should remain open to suggestions and input before a final decision is made. (Ottawa City, CBC) The right to be consulted is not the right to veto power. The right to be consulted is not the right to veto power. (Ottawa City, CBC, R.v. Jack and R.v. Sampson) Consultation does not require the parties to agree. Consultation does not require the parties to agree. (Haida, R.v. Jack, R.v. Sampson) Courtesy of Harris & Co.

Your suggestions… Feedback sheet for you…. Feedback sheet for you…. What things do you like about our policy? What things do you like about our policy? What things would you like to see changed in our policy? What things would you like to see changed in our policy? Any other comment? Any other comment? Adding comments here… Adding comments here…