2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mrs Vicki Dunne)

2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mrs Vicki Dunne)

An Act to amend the Education Act 2004

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Education Amendment Act 2006 (No 3).

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Education Act 2004.

(6) The Minister may determine guidelines for consultation under subsection (5) (b).

(7) The guidelines are a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(1) The provisions set out in schedule 2 are taken, on the commencement of this section, to be a determination made under this Act, section 20 (6).

(2) To remove any doubt and without limiting subsection (1), the provisions set out in schedule 2 may be amended or repealed as if they had been made as a determination by the Minister under this Act, section 20 (6).

(3) To remove any doubt, the determination mentioned in subsection (1) is taken—

(a) to have been notified under the Legislation Act on the day this section commences; and

(b) to have commenced on the day after this section commences; and

(c) not to be required to be presented to the Legislative Assembly under the Legislation Act, section 64.

(4) Subsections (1), (2) and (3) are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(5) This section and schedule 2 expire on the day they commence.

(1) This section applies to a government school that, on the commencement of this section, is a school identified by the Minister for closure or amalgamation with another government school.

(2) The Minister must not close or amalgamate the school before 1 January 2008.

(3) The consultation period mentioned in section 20 (5) (b) must continue until at least 31 March 2007.

(4) This section expires on 1 January 2008.

The Minister may restructure the government school system only if the Legislative Assembly has, by resolution, approved the restructure.

1 changing established student age groupings for schools

2 establishing a school as a middle school (years 5 to 8)

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(1) If the Minister makes a reviewable decision, other than a decision mentioned in schedule 1, item 1A or 1AA, the Minister must give written notice of the decision to each person mentioned in schedule 1, part 2.1, column 4 in relation to the decision.

(1A) If the Minister makes a reviewable decision mentioned in schedule 1, item 1A or 1AA, the Minister must—

(a) give written notice of the decision, including a written statement of reasons in relation to the decision, to—

(i) the principal of a school affected by the decision; and

(ii) the school board of a school affected by the decision; and

(iii) the parents and citizens association of a school affected by the decision; and

(b) publish in a daily newspaper published and circulating generally in the ACT—

(i) notice of the decision; and

(ii) a written statement of reasons in relation to the decision.

(4) In this section:

parents and citizens association—see section 37.

statement of reasons, for a reviewable decision, means a statement—

(a) of the findings on material questions of fact; and

(b) referring to the evidence or other material on which the findings were based; and

(c) giving the reasons for the decision.

made under the

These guidelines have been prepared to help schools facing declining enrolments consider their futures, consult their local communities, and make recommendations that would go to the Minister for decision.

The local community should necessarily be involved in helping decide the future direction for their school. This document outlines a process that schools might adopt as a model in developing their own framework for analysis, consideration and decision making.

The following guidelines include a list of issues that should be canvassed as part of a community consultation process. That process should be based on the ACT Government Consultation Protocol (available through the Internet on www.act.gov.au).

The following principles are to be kept in mind throughout the process:

• quality, range, access and flexibility of educational opportunities and associated services available to students are paramount

• consultation processes should be open, transparent, inclusive of all persons with a significant interest in the school, and carefully managed through a series of steps to encourage considered analysis of issues and options

• preschools, and other schools in the regional cluster should be consulted, because of their significant interest in the schools' future

• a balanced perspective, listing advantages and disadvantages of school size, is important

• a wide range of factors need to be considered in deliberations on the future of the school (see checklist of details to consider below).

To make the best decision about their school's future viability and quality of education, school communities must analyse enrolment trends and projections. Only then can they determine the relative advantages and disadvantages of the likely future size of their school.

l. Board to analyse enrolment information and trends

Enrolment data to be accessed and analysed includes:

• number of school-age students in the school's priority enrolment area (PEA)

• amount and rate of decline in school population over the last 5 years

• proportion of school enrolments resident (i) inside PEA (ii) outside PEA and change in proportion over the last 5 years

• number of eligible PEA students enrolled in (i) private schools (ii)other public schools in cluster and (iii) out of cluster public schools

• projected enrolments for next 5 years

• similar data for other schools in the region

In analysing enrolment data school boards should consider—

• whether the school trend is part of a general trend in the region or whether it is specific to the school

• whether the trends are likely to continue

• factors that might change projected trends such as new urban development

• likely causes of school-specific trends

• education programs and resources

• social and learning environment

• extra curricula activities

• parent participation

• staff work loads

• before and after school program

• financial support

• benefits of predicted school size

• anything else considered relevant

Note See checklist of details to consider (list 1) below

3. Board consults with school community and undertakes planning process

Board informs relevant Director: Schools and convenes meetings of the current school community.

• Meetings should be provided with information on:

– enrolment tends

– assessment of impact of declining enrolments on schools

– potential benefits of maintaining school on site

• Board presents plan for consultation and decision making process for consideration by community. Matters to be considered include:

– defining the community to be included in consultation and decision making – all school parents, all teachers and staff, preschool parents, other parents with young children, other members of the local community

– nature of consultation process

– who is to make the final decision - community meeting, survey/ballot of the whole community or the school board

– how decisions will be made – simple majority, two-thirds majority or other as determined by the meeting

• Meetings consider establishing subcommittees of parents, teachers and where applicable students to prepare options to be put to the community.

4. Analyse strategic options for education provision

School board or sub-committees prepare a broad range of on-site and structural options for the future of the school and assess the advantages and disadvantages of each option

Note See checklist of details to consider (lists 2 and 3) below

In assessing the advantages and disadvantages of each option, school communities should

investigate:

• experience and organisation of other small schools

• experience of on-site solutions adopted by other schools

• processes and outcomes, and experience of school amalgamations

• sources of expert advice

In developing options school communities may need to establish whether there are other schools interested in pursuing amalgamation.

The extent of interest will determine whether

and what form of amalgamation may be a real

option.

Boards convey recommendation to Minister.

A working party should develop processes for smooth implementation of the decision.

• Board reports to school community on discussions with neighbouring schools, circulates process for consultation and decision-making process and seek approval for it.

• Board circulates summary of options paper to all school community members and full paper is made available on request.

• Board organises meetings to discuss options and implements agreed decision making process.

If amalgamation is agreed, the boards need to determine a process for identifying the site.

Factors to be taken into account could include:

• independent assessment of the strengths of each site

• accessibility for the communities eg transport, bike paths, major roads

• current community usage

• education programs and resources

– range and flexibility of educational programs

– student access to options/electives

– maintenance of staff to adequately teach and maintain a full range of subjects

– maintenance of staff to adequately support excursion and camp programs

– library facilities

– information technology

– classroom resources and equipment

– playground equipment

– sporting equipment

• parent participation

– pool of parent resources

– geographical access of parents to school

– availability of volunteer classroom support

• before and after school program

• staff work loads

– number of executive positions for administration, student management etc.

– sufficient support staff

– sufficient staff to maintain special needs committees, curriculum committees, multicultural committees etc

– sufficient staff to offer an adequate range of curricula and extra-curricula experiences such as sport, debating, choral training etc

• social and learning environment

– opportunity to learn living and social skills

– number of children in same year cohort compared with larger schools

– level of harassment, bullying and other abusive behaviour

– individual attention and care

– sense of student belonging and identity

– children's attitude to learning

– extent of mixed aged teaching

• extra curricula activities

– sporting activities

– tutor programs

• financial support

– parental contributions

– fund raising

– adequacy of SBM funding

• benefits of predicted school size

– access and safety for young children

– learning and social environment

– student participation in activities

– relationship with local community

• anything else considered relevant

2. On-site and structural options

On-site options might include:

• stabilising or increasing enrolments by

– developing a better match between school programs and community expectations

– communicating the strengths of the school to the school and wider community

– developing a particular school emphasis eg languages, arts etc

– providing before and after school care

• investigating feasibility of co-tenants in school to reduce excess capacity

Structural options might include:

– twin campus with another school covering the same year cohorts

– twin campus with another school covering a different range of year cohorts (eg create a K-10 school with different cohort groups on different campuses)

– amalgamation with another school on 1 site and covering the same year cohorts

– amalgamate with another school on 1 site but covering a different range of year cohorts (eg create a K-10 school on 1 site)

– school closure

• refer to list 1 above

• impact on families

– reduced local access to schooling for current and future users

– additional transport costs

– safety of young children walking or cycling to school

• impact on local community

– local neighbourhood and shopping centre

– facilities for community activities

friend of the school, for a government school, includes, but is not limited to the following:

(a) a parent of a student at the school;

(b) a staff member of the school;

(c) a member of the parents and citizens association of the school.

Presentation speech made in the Legislative Assembly on 2006.

Notified under the Legislation Act on 2006.

For the latest republication of amended laws, see www.legislation.act.gov.au.