Australian Capital Territory Consolidated Acts

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EDUCATION ACT 2004 - SECT 20

Establishing government schools etc

    (1)     The Minister may establish government schools.

    (2)     The Minister may decide—

        (a)     the kinds of government schools to be established; and

        (b)     the educational level or levels (which may include preschool) for the schools.

Note     Preschools are also subject to requirements under the Education and Care Services National Law (ACT) .

    (3)     The Minister may establish school-related educational institutions and services ( school-related institutions ).

Example of school-related institution

Murrumbidgee Education and Training Centre

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).

    (4)     The Minister may name, and change the name of, a government school or school-related institution.

    (5)     Before making a decision to close or amalgamate a government school, the Minister must take the following steps:

        (a)     tell the school community that the Minister is considering closing or amalgamating the school and the reasons why;

        (b)     obtain a report from the committee established under section 20A to use in consultation with the school community under paragraph (c) that—

              (i)     comprehensively assesses the impacts of closing or amalgamating the school on the school community; and

Note     For what impacts must be assessed, see s 20B.

              (ii)     identifies alternatives to closing or amalgamating the school;

        (c)     consult with the school community for at least 6 months on the educational, economic, environmental and social impacts of, and identifying alternatives to, closing or amalgamating the school;

Note     For how the Minister must undertake consultation, see s 20A.

        (d)     publish in a daily newspaper—

              (i)     notice of a proposal to close or amalgamate the school; and

              (ii)     details of where a copy of the report mentioned in paragraph (b) can be obtained;

Example

a website operated by the administrative unit responsible for this Act

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).

        (e)     give written notice of the matters mentioned in paragraph (d) to—

`               (i)     the parents and citizens association; and

              (ii)     the chairperson of the school board; and

              (iii)     the principal of the school.

    (6)     Not less than 12 months after telling the school community that the Minister is considering closing or amalgamating the school, the Minister must—

        (a)     publish notice of the final decision in a daily newspaper; and

        (b)     give written notice of the decision to—

              (i)     a parent of each student at the school; and

              (ii)     each member of the school's parents and citizens association; and

              (iii)     each member of the school board; and

              (iv)     the principal and each teacher at the school; and

        (c)     explain to the school community the reasons for the final decision and how the following have been taken into account in making the final decision:

              (i)     the school community's views;

              (ii)     the relevant general principles of this Act under section 7 ;

              (iii)     the principles on which chapter 3 is based under section 18.

    (7)     The consultation must be done in a way that gives effect to the following principles:

        (a)     consultation should focus on access to, and the provision of, quality educational opportunities;

        (b)     consultation should be open, equitable, respectful and transparent;

        (c)     consultation should lead to sustainable decisions by involving effective community engagement;

        (d)     without limiting paragraph (c), consultation should ensure that—

              (i)     relevant information is provided in a timely, equitable and accessible way to enable maximum community participation in debate about the proposal; and

              (ii)     opportunities are provided for feedback about the proposal, especially from families and other people with significant interest in the proposal;

        (e)     consultation should include seeking the views of school boards that are likely to be affected by the proposal.

    (8)     The Minister must not close or amalgamate a government school before the later of—

        (a)     6 months after the final decision was made; and

        (b)     the end of the school year in which the final decision was made.

    (9)     In this section:

"school community", in relation to a school that is proposed to be closed or amalgamated, means the members of the community affected by closing or amalgamating the school, including students at the school, students' families, the school board, the principal and teachers at the school and the local community.

Examples—local community

residents, local businesses

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).



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