2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mrs Vicki Dunne)
Education Amendment Bill 2006 (No 3)

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Establishing government schools etc
Section 20 (6) and (7)	2
	5	New section 20A	2
	6	New section 20B	3
	7	New section 20C	4
	8	Notice of decisions to be given to affected people
Section 141 (1)	4
	9	New section 141 (4)	5
	10	Minister’s decision
Schedule 1, part 1.1, new items 1A and 1AA	5
	11	New schedule 2	6
	12	Dictionary, definition of friend of the school	13

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:

1	Name of Act
This Act is the Education Amendment Act 2006 (No 3).
2	Commencement
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)).
3	Legislation amended
This Act amends the Education Act 2004.
4	Establishing government schools etc
Section 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.
5	New section 20A
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	(2)	To remove any doubt and without limiting subsection (1), the provisions set out in schedule 2 may be amended or repealed as if they had been made as a determination by the Minister under this Act, section 20 (6).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.
6	New section 20B
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.
7	New section 20C
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 people
Section 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.
9	New section 141 (4)
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 decision
Schedule 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	

11	New schedule 2
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.
Decision			
		
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