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This is a Bill, not an Act. For current law, see the Acts databases.
EDUCATION AMENDMENT BILL 2006 (NO 3)
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mrs Vicki Dunne)
Education
Amendment Bill 2006 (No 3)
Contents
Page
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mrs Vicki Dunne)
Education Amendment
Bill 2006 (No 3)
A Bill for
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.
4 Establishing
government schools etcSection 20 (6) and
(7)
substitute
(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.
insert
20A Guidelines for
consultation—transitional
(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provisions set out in schedule 2 may be amended or repealed as if they had been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.
insert
20B Closing or amalgamating
schools—moratorium
(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.
insert
20C Restructuring government school
system
The Minister may restructure the government school system only if the
Legislative Assembly has, by resolution, approved the restructure.
Examples of
restructuring
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).
8 Notice
of decisions to be given to affected
peopleSection 141 (1)
substitute
(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.
insert
(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.
10 Minister’s
decisionSchedule 1, part 1.1, new items 1A
and 1AA
before item 1, insert
1A
|
20 (1)
|
deciding to close a government school established under section 20
(1)
|
friend of the school
|
1AA
|
20 (1)
|
deciding to amalgamate 2 or more government schools established
under section 20 (1)
|
friend of the school
|
insert
Schedule 2
(see s 20A)
Australian Capital Territory
Education (Community Consultation)
Determination 2006
Disallowable instrument
DI2006—
made under the
Education Act 2004, section 20 (Establishing
government schools etc)
Introduction
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).
Guiding principles
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).
Analysis of enrolment information and
trends
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
2. Board to analyse benefits and disadvantages of
future size of school
• 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
Decision
|
|
|
|
NO NEED TO PROCEED, ISSUES CAN BE ADDRESSED
IN THE SCHOOL DEVELOPMENT PLAN OR AMENDMENTS TO THE PLAN
|
|
|
or
|
|
PROCEED
|
|
|
|
CONSULTATION WITH THE SCHOOL
COMMUNITY
|
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.
NO NEED TO PROCEED, ISSUES TO BE ADDRESSED
THROUGH SCHOOL DEVELOPMENT PLANNING WITH FEEDBACK FOR
COMMUNITY
|
|
|
or
|
|
PROCEED
|
|
|
|
DEVELOPMENT OF OPTIONS
|
Analysis of strategic options
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.
Plan for implementation
Boards convey recommendation to Minister.
A working party should develop
processes for smooth implementation of the decision.
5. Community consideration of
options
• 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.
Decision
|
|
|
|
NO OPTIONS ACCEPTED
|
|
|
or
|
|
INFORM WHOLE SCHOOL COMMUNITY
AND CLUSTER SCHOOLS OF ITS DECISION
|
COMMUNITY AUTHORISES BOARD TO PROCEED
WITH ACCEPTABLE
OPTION/S
|
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
Checklist of details to consider in the
decision-making process
l. Assessing impact of declining enrolments
• 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
3. Factors to be taken into account in assessing options
• 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
12 Dictionary,
definition of friend of the school
insert
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.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2006.
2 Notification
Notified under the Legislation Act on 2006.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2006
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