School Closure Policy

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School Closure Policy

• Public Meeting
• Dec. 12th, 2006

Jordan Tinney Dec. 12, 2006
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Materials tonight

• Thanks to Harris and Company for their materials.

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From the Ministerial Order

• Board must have a policy
• Policy must be made available to the public
• Policy must be applied when closing a school
  permanently
• 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)

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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.
• Civitarese et al v. The Board of School Trustees
  of School District No. 20 (Kootenay-Columbia).

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Policy and legal decisions

• 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)

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Lessons learned from closures

• 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.
  

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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.

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Permanent School Closure Policy 3050

• 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
  Boards 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 Boards proposal to close a
  school could be changed or reversed.

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Permanent School Closure Board Regulations 3050R1

• Timelines and Process
• The Board will provide a minimum of 60 days for
  the consultation process, relating to specific
  schools proposed for closure.
• Public Board Meeting
• 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.

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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
• detailed reasons for the proposed school closure
• which specific school(s) are being considered for
  closure
• the proposed new catchment areas for all schools
  proposed to be affected
• the number of students who would be affected, at
  the school(s) being considered for closure as
  well as surrounding school(s)
• the effect of proposed closures on board-provided
  student transportation
• educational program/course implications for the
  affected students
• the proposed effective date of the closure(s)
• financial considerations, and
• impact on the Boards five-year capital plan.

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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.
• Hold at least one public meeting to discuss the
  proposed closure, summarize written submissions,
  and listen to community concerns and proposed
  options.

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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 Board should also specifically notify, in
  writing, any potentially affected local
  governments and First Nations of the time and
  place of the public meeting.

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The Public Meeting(s)

• Discussions should include the following
• implications of the closure
• implementation plans, including timing of the
  closure
• options that the Board considered as alternatives
  to closure
• possible future community growth in the area of
  the school, and
• contents of written submissions presented to the
  Board by members of the community.

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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.
• 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.

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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.
• Purcell v. Board of School Trustees (No. 82)

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Comments from Ombudsman

• We recognize that the policy
• We note that the policy
• Consider strategies to
• Willing to modify policiesspecifically to
• We wonder if modify policy xxx to include

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Fair and due process

• Often comes down to I spoke but I wasnt heard.
• There was no real consultation.
• It was all a done deal.

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Principles of Consultation

• 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)
• Consultation should involve a bilateral
  interaction by parties informed of each others
  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)
• 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)

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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.
• (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)
• 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 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.
• (Haida, R.v. Jack, R.v. Sampson)

Courtesy of Harris Co.
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Your suggestions

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