School Closure School Closure PolicyPolicy

Public MeetingPublic Meeting

Dec. 12Dec. 12thth, 2006, 2006

Jordan Tinney Dec. 12, 2006

Materials tonight…Materials tonight…

Thanks to Harris and Company for Thanks to Harris and Company for their materials.their materials.

From the Ministerial From the Ministerial OrderOrder

Board must have a policy;Board must have a policy; Policy must be made available to the Policy must be made available to the

public;public; Policy must be applied when closing a Policy must be applied when closing a

school permanently;school permanently; Policy must include a public consultation Policy must include a public consultation

process;process; Power to close a school must be exercised Power to close a school must be exercised

through bylaw. (Bylaw under revision as a through bylaw. (Bylaw under revision as a result of Committee of the Whole result of Committee of the Whole Structure)Structure)

Policy and legal Policy and legal decisionsdecisions

““The contents of that policy are left The contents of that policy are left completely up to the Board, completely up to the Board, presumably to enable it to craft a presumably to enable it to craft a policy that will be responsive to local policy that will be responsive to local conditions.”conditions.”

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

Policy and legal Policy and legal decisionsdecisions

The 45 day time span was “far from The 45 day time span was “far from perfect” but still fundamentally perfect” but still fundamentally procedurally fair.procedurally fair.

Mercer et al v. School District No. 61 (Greater Mercer et al v. School District No. 61 (Greater Victoria School District)Victoria School District)

Lessons learned from Lessons learned from closuresclosures

The essential question to be The essential question to be addressed in each case is whether addressed in each case is whether the consultation process as a whole the consultation process as a whole was fair.was fair.

Essential question is whether Essential question is whether parents have the opportunity to parents have the opportunity to make timely submissions with make timely submissions with respect to the school closure respect to the school closure criteria. criteria.

Lessons learned from Lessons learned from closuresclosures

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

Permanent School Closure Policy Permanent School Closure Policy 30503050

Guiding Beliefs:Guiding Beliefs: The Board will ensure that adequate public The Board will ensure that adequate public

consultation has taken place prior to making a consultation has taken place prior to making a decision to permanently close a school. All persons decision to permanently close a school. All persons in the community who could be affected by a in the community who could be affected by a school closure should be made aware of the school closure should be made aware of the Board’s proposal to close a school and given an Board’s proposal to close a school and given an adequate opportunity to comment on the proposal. adequate opportunity to comment on the proposal.

For consultation to be meaningful, the Board will For consultation to be meaningful, the Board will give fair consideration to all public input prior to give fair consideration to all public input prior to making its final decision with respect to any school making its final decision with respect to any school closures. Fair consideration includes the concept closures. Fair consideration includes the concept that the Board’s proposal to close a school could be that the Board’s proposal to close a school could be changed or reversed. changed or reversed.

Permanent School Closure Permanent School Closure Board Regulations 3050R1Board Regulations 3050R1

Timelines and ProcessTimelines and Process The Board will provide a minimum of 60 days The Board will provide a minimum of 60 days

for the consultation process, relating to for the consultation process, relating to specific schools proposed for closure. specific schools proposed for closure.

Public Board MeetingPublic Board Meeting Any proposed closure of a school will first be Any proposed closure of a school will first be

raised at a regular open meeting of the Board. raised at a regular open meeting of the Board.

Public consultation will be undertaken by the Public consultation will be undertaken by the Board prior to making a final decision on any Board prior to making a final decision on any proposed closure of a school. proposed closure of a school.

Permanent School Closure Permanent School Closure Board Regulations 3050R1Board Regulations 3050R1

The Board will take the following steps to ensure that an The Board will take the following steps to ensure that an open and meaningful public consultation has taken place:open and meaningful public consultation has taken place:

a) Make available, in writing, a full disclosure of all facts and a) Make available, in writing, a full disclosure of all facts and information considered by the Board with respect to any information considered by the Board with respect to any proposed school closure, including but not limited to:proposed school closure, including but not limited to:

i.i. detailed reasons for the proposed school closure;detailed reasons for the proposed school closure;ii.ii. which specific school(s) are being considered for closure;which specific school(s) are being considered for closure;iii.iii. the proposed new catchment areas for all schools proposed to be the proposed new catchment areas for all schools proposed to be

affected;affected;iv.iv. the number of students who would be affected, at the school(s) the number of students who would be affected, at the school(s)

being considered for closure as well as surrounding school(s); being considered for closure as well as surrounding school(s); v.v. the effect of proposed closures on board-provided student the effect of proposed closures on board-provided student

transportation;transportation;vi.vi. educational program/course implications for the affected educational program/course implications for the affected

students;students;vii.vii. the proposed effective date of the closure(s);the proposed effective date of the closure(s);viii.viii. financial considerations, andfinancial considerations, andix.ix. impact on the Board’s five-year capital plan.impact on the Board’s five-year capital plan.

Permanent School Closure Permanent School Closure Board Regulations 3050R1Board Regulations 3050R1

Provide an adequate opportunity for affected persons Provide an adequate opportunity for affected persons to submit a written response to any proposed school to submit a written response to any proposed school closure and information and directions on how to closure and information and directions on how to submit a written response to the Board. The submit a written response to the Board. The information and directions should advise potential information and directions should advise potential correspondents that their written response may be correspondents that their written response may be referred to at subsequent public forums respecting referred to at subsequent public forums respecting the proposed closure, unless the correspondent the proposed closure, unless the correspondent specifically states in their written response that the specifically states in their written response that the correspondent wishes his or her name and address to correspondent wishes his or her name and address to remain confidential. remain confidential.

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

The Public Meeting(s)The Public Meeting(s) The time and place of the public meeting The time and place of the public meeting

should be appropriately advertised to ensure should be appropriately advertised to ensure adequate advance notification to affected adequate advance notification to affected persons in the community. Generally, this will persons in the community. Generally, this will mean a newsletter to students and parents of mean a newsletter to students and parents of students currently attending the school, and a students currently attending the school, and a clearly visible notice in a local newspaper. clearly visible notice in a local newspaper.

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

The Public Meeting(s)The Public Meeting(s)

Discussions should include the Discussions should include the following: following:

a)a) implications of the closure;implications of the closure;b)b) implementation plans, including timing of implementation plans, including timing of

the closure;the closure;c)c) options that the Board considered as options that the Board considered as

alternatives to closure;alternatives to closure;d)d) possible future community growth in the possible future community growth in the

area of the school, andarea of the school, ande)e) contents of written submissions presented contents of written submissions presented

to the Board by members of the community. to the Board by members of the community.

The Final DecisionThe Final Decision The Board should keep minutes of the public The Board should keep minutes of the public

meeting that include a record of options suggested meeting that include a record of options suggested or concerns expressed about the proposal. or concerns expressed about the proposal.

Following the public meeting, the Board should Following the public meeting, the Board should give fair consideration to all public input prior to give fair consideration to all public input prior to making its final decision with respect to any making its final decision with respect to any proposed school closures. proposed school closures.

The Board will make its final decision regarding The Board will make its final decision regarding the proposed school closure at an advertised the proposed school closure at an advertised public/Board meeting following the consultation public/Board meeting following the consultation process. process.

Comments from Comments from OmbudsmanOmbudsman

““principles of administrative fairness and principles of administrative fairness and case law regarding public consultation case law regarding public consultation provide that a fair public consultation provide that a fair public consultation process should include the provision of process should include the provision of information about the decision being information about the decision being considered, reasonable and adequate time considered, reasonable and adequate time to make views known and to express to make views known and to express opinions, and a real opportunity for opinions, and a real opportunity for persons affected to take reasonable steps persons affected to take reasonable steps to influence the decision.”to influence the decision.”

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

Comments from Comments from OmbudsmanOmbudsman

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…Willing to modify policies…

specifically to…specifically to… We wonder if …modify policy xxx to We wonder if …modify policy xxx to

include…include…

Fair and due processFair and due process

Often comes down to “I spoke but I Often comes down to “I spoke but I wasn’t heard.”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 Principles of ConsultationConsultation

Consultation means being provided a meaningful opportunity to be Consultation means being provided a meaningful opportunity to be heard prior to a decision being made or implemented.heard prior to a decision being made or implemented.

In order for consultation to be fair and meaningful, the ultimate In order for consultation to be fair and meaningful, the ultimate decision must not be made until input is received from the decision must not be made until input is received from the consulted party. (consulted party. (YellowknifeYellowknife))

Consultation should involve a bilateral interaction by parties Consultation should involve a bilateral interaction by parties informed of each other’s position where each has the opportunity informed of each other’s position where each has the opportunity to give and receive information. (to give and receive information. (Lakeland CollegeLakeland College))

In consultation there is a duty on the decision maker to fully inform 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 other side of its own position as well as to fully inform itself of the position of the other. (the position of the other. (R. v. Jack, Lakeland CollegeR. v. Jack, Lakeland College))

Sufficient information and the reasons for the contemplation of the Sufficient information and the reasons for the contemplation of the decision should be provided to the party being consulted. The decision should be provided to the party being consulted. The consulted party should then be permitted reasonable and adequate consulted party should then be permitted reasonable and adequate time to prepare and make submissions on the information.time to prepare and make submissions on the information.

Submissions should be received and considered with an open Submissions should be received and considered with an open mind. (mind. (PurssellPurssell))

Principles of Principles of ConsultationConsultation

Consultation is an opportunity to have a say and an Consultation is an opportunity to have a say and an expectation of a response. Parties must confer or take expectation of a response. Parties must confer or take regard and consider each others views. regard and consider each others views.

((Ottawa CityOttawa City)) An opportunity must be provided for both sides to be heard An opportunity must be provided for both sides to be heard

and to state the factors they feel should guide the decision. and to state the factors they feel should guide the decision. ((Lakeland CollegeLakeland College))

In consultation, both parties have an active role to discuss, In consultation, both parties have an active role to discuss, express opinions, and make their views known to each express opinions, and make their views known to each other.other.

The party with the obligation to consult should remain The party with the obligation to consult should remain open to suggestions and input before a final decision is open to suggestions and input before a final decision is made. (made. (Ottawa City, CBCOttawa 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. SampsonOttawa 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. SampsonHaida, R.v. Jack, R.v. Sampson))

Courtesy of Harris & Co.

Your suggestions…Your suggestions…

Feedback sheet for you….Feedback sheet for you…. What things do you like about our What things do you like about our

policy?policy? What things would you like to see What things would you like to see

changed in our policy?changed in our policy? Any other comment?Any other comment?

Adding comments here…Adding comments here…