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HomeMy WebLinkAboutChairs' Committee Report 2 25 Jan 2006 Minutes PublicOTTAWA- CARLETON DISTRICT SCHOOL BOARD TO: The Board REPORT NO. 2, CHAIRS' COMMITTEE DATE: 25 January 2006 A meeting of the Chairs' Committee was held this evening commencing at 7:30 p.m. in the Trustees' Committee Room, 133 Greenbank Road, Ottawa, with Trustee Lynn Graham in the Chair, and the following also in attendance: TRUSTEE MEMBERS: Riley Brockington, Alex Getty, Greg Laws and Lynn Scott OTHER TRUSTEES: Bronwyn Funiciello, Margaret Lange, Jim Libbey, David Moen and Joan Spice STAFF: Laura McAlister, Superintendent of Curriculum (Acting Director) Isabel Millington, Executive Officer (Instruction) Michele Giroux, Executive Officer (Administration) Maggie Melenhorst, Manager, Communications and Information Services Sharlene Hunter, Communications Coordinator Bruce Fraser, Committee Coordinator STUDENT TRUSTEES: Kate Genest and Ian Kasper LEGAL COUNSEL: Roger Mills NON - VOTING REPRESENTATIVES: Frank Cserepy, Ottawa - Carleton Assembly of School Councils (OCASC) Hal Grossner, Special Education Advisory Committee (SEAL) David Steele, Student Trustee Advisory Committee (STAG) 1. Call to Order Chair Graham called the meeting to order at 7:30 p.m. 2. Approval of Agenda On a motion by Trustee Spice the agenda was approved as circulated. 3. Public Question Period There were no public questions. Chairs' Committee 1 25 January 2006 Student Trustee Presentation Student Trustees Genest and Kasper presented a report from the Ontario Student Trustees' Association - Association des eleves conseillers et conseilleres de 1'Ontario (OSTA -AECO) entitled The Student Trustee Today, and Tomorrow. Student Trustee Genest provided a summary of the key areas of the report, viz., responsibility, integration, resources and elections /term of office. She noted that the report provides an overview of the interpretation of legislation regarding student trustees throughout the province. As the result of the input gathered for the report, OSTA -AECO has made the following eight recommendations to the Minister of Education: THAT new legislation be introduced granting Student Trustees the power to fully participate at the board table including the power to vote and make motions. 2. THAT the Education Act be amended to provide Student Trustees access to portions of in- camera meetings where the issue of school closures, or other issues not providing a conflict of interest for the student, will be discussed. THAT the Education Act, Regulation 461/97 be amended to replace the title `pupil representative' with the title `Student Trustee'. 4. THAT the Education Act be amended to include, under Ontario Education Act Regulation 461/97, guiding principles which would ensure that: a. All of the Ministry of Education's grant funding for the business and operations of Student Trustees flow directly to their expense account(s). b. All Student Trustees receive a scholarship, half the amount and level of honoraria received by the members of the board at the completion of their term. c. Student Trustees have equal access to all board resources as exists for regular members of the board. 5. THAT the Education Act be amended to include, under Regulation 461/97, Section 3, Subsection 3, the requirement for boards to set in their Student Trustee policy the implementation of a student advisory committee made up of students from across the board. 6. THAT the Education Act be amended under Regulation 461/97, Section 2, Subsection 1, to set a limit for the number of Student Trustees to three. THAT the Education Act be amended under Regulation 461/97, Section 3, Subsection 1, to remove the words `or by appointment' to ensure that Student Trustees are selected through democratic means by their peers. THAT the Education Act be amended under Regulation 461/97, Section 3, Subsection 2, to remove the words `or appointment' to ensure that Student Trustees are selected through democratic means by their peers, as well as to change the date to which Student Trustees must be elected from June 30 to May 30 to ensure that Student Trustees are able to receive the appropriate level of orientation before taking office. Chairs' Committee 2 25 January 2006 In response to a query regarding the OCDSB, Student Trustee Genest acknowledged that student trustees of this Board are permitted to speak and provide input, but stated that participation is not consistent across Ontario. In response to a query regarding student trustee participation in in- camera portions of meetings, the student trustees noted that it is difficult to determine when they should be permitted to participate, as the subject matter discussed is currently not available to them. They submitted that while they do not need to participate in negotiation discussions for example, they should be permitted to participate in meetings in which background information on an issue may be available that would assist them to provide a student perspective. Trustee Getty suggested that OSTA -AECO should develop a clear position paper on the subject of access to in- camera meetings. Trustee Graham thanked the student trustees for their presentation and noted that further discussion of student trustee participation at meetings would take place later in the meeting. Preliminary Strategy for Implementation of Trustee Priorities Your Committee had before it staff report No. 06 -019 regarding the development of a preliminary strategy for implementation of trustee priorities. Executive Officer (Administration) Giroux noted that following the establishment of local and provincial trustee priorities, noted below, staff was to develop an implementation strategy for trustees' consideration. Local Priorities: 1. trades and technology initiatives 2. district wide capital plan 3. secondary school program review 4. setting the stage for strategic planning by the next Board Provincial Priorities: 1. Immediate action to bring to the attention of the provincial government the urgency of the budgetary situation faced by the Ottawa - Carleton District School Board and to propose that student funding for 2006 -2007 and future years reflect: a) implementation of the Rozanski recommendations, b) revisions to the transportation funding formula to ensure equity among all boards and especially between public and Catholic co- terminous boards, and c) standards and associated funding to meet the needs of special education students. 2. The enhancement of Board governance including authority and autonomy It was recognized that local and provincial priorities would require different strategies as the four local issues involve mostly on -going work across the district while the external priorities would require direct political action. Ms. Giroux noted that senior staff has scheduled a planning session which will include discussions of short and long term mandates and invited trustees to submit input to her office. Chairs' Committee 3 25 January 2006 Strategies for external priorities will include a position paper on funding issues, a letter to the Premier and Minister regarding budget issues, the advancement of budgetary concerns and a letter regarding Board governance, remuneration and local autonomy. She advised that work is underway in a number of areas and that staff is attempting to arrange a presentation to the Standing Committee on Finance and Economic Affairs in Cornwall on Friday, 27 January 2006. In addition, a draft submission will be circulated to trustees for comments which will then be submitted to the Committee in advance of the 2 February 2006 deadline. Trustee Moen expressed the view that submitting letters to the Minister has not been very successful in the past and that alternate strategies such as discussions with political contacts or the hiring of a professional lobbyist to influence public opinion should be employed. Trustee Libbey noted the Toronto Sun newspaper article regarding the use of a lobbying firm by school boards in Toronto. He pointed out that should the Toronto boards be successful in lobbying the Minister for additional funds, their success could be to the detriment of school boards in Ottawa. Trustee Libbey expressed support for trustees to raise concerns with individual political contacts and to work with other school boards to raise awareness of funding issues across the province through the use of detailed analysis. Trustee Scott expressed concern with the hiring of a lobbyist as using funds for anything not directly related to schools could be perceived negatively by the general public. She expressed the view that the Board should continue to lobby the Minister and other politicians by targeting items with immediate focus and using strategies tailored to each particular audience. Trustee Getty expressed the view that efforts to influence the Minister should be done by the Board and not by individual trustees. He noted that, because the government is aware of the issues, the Board should continue its efforts to focus on areas which require improvement, but also acknowledge improvements that have already been made. Trustee Getty submitted that the Board should express its concern with the poor communication from the government with respect to the consultation process of the Standing Committee on Finance and Economic Affairs. Trustee Scott moved THAT the Ottawa - Carleton District School Board send the Standing Committee on Finance and Economic Affairs a short written submission, including a table of major gap numbers and some measure of realistic dollar suggestions to recommend how the provincial budget should be shaped. Trustees generally agreed that a presentation to the Standing Committee on Finance and Economic affairs would be useful. The motion was carried. On a motion by Trustee Scott therefore, your Committee recommends: THAT the Ottawa - Carleton District School Board send the Standing Committee on Finance and Economic Affairs a short written submission, including a table of major gap numbers and some measure of realistic dollar suggestions to recommend how the provincial budget should be shaped. Recommendation approved at 30 January 2006 Board meeting Chairs' Committee 4 25 January 2006 Student Trustee Participation at Board Meetings Your Committee had before it the following information items for discussion regarding the issue of student trustee participation at committee and Board meetings: 1. Information provided by Joan Melancon, Assistant Secretary of the Board on the history of the student vote dated 12 December 2005, 2. Memo from the Assistant Secretary of the Board to trustees, stating that the student trustees will be able to present their views prior to the Chair noting that the recommendation from a committee is a consent item, 3. Excerpt from the 16 December 2003 Board Minutes and supporting documentation, (notice of motion, Policy P.0I TGOV, presentation by Ottawa - Carleton Student Presidents' Council, and delegation by Mike Sornberger), 4. Excerpt of the minutes of the 17 March 2003 Meeting of Trustees, 5. Report to OCDSB Trustees by Mike Sornberger and Kyle Marsh dated 17 March 2003,and 6. Ontario Public School Boards' Association comments on The Role and Responsibilities of Student Trustees. Notice having been given, Trustee Spice moved as follows: WHEREAS, the Board recognizes the important role of our student trustees and the Student Trustee Advisory Committee (STAG) in representing the views of students at Board Committees and Board and in informing students about Board decisions, WHEREAS, the Board wishes to ensure that the contributions of student trustees and STAC are facilitated to maximize their effectiveness to support student learning, WHEREAS, as stated in the Ontario Public School Boards' Association's paper on "The Role and Responsibilities of Student Trustees" (December 2005), the "democratic governance structure of school boards" reflects the "universal principle" that "all of a society has a stake in the education of its youth" and that only "duly elected trustees have the role of representing the entire community" and are accountable to that community "through the ballot ", WHEREAS, a student trustee binding vote would be contrary to this democratic principle, would result in double representation and would raise issues about a "parent" vote or a vote from other legitimate stakeholder groups, THEREFORE BE IT RESOLVED, A. THAT the OCDSB confirm its commitment to ensuring an effective role for student trustees, enhancing the voice of students and considering proposals from student trustees and the Student Trustee Advisory Committee (STAG) to further these objectives, and B. THAT the Chair write to the Minister of Education to indicate the Board's opposition to the adoption of a binding student trustee vote. Chairs' Committee 5 25 January 2006 Trustee Spice expressed support for student trustees but submitted that democracy is the fundamental issue involved in providing or not providing student trustees with a binding vote. She noted that trustees are accountable to the electorate to represent all stakeholders, not just students, and that she could not support the idea of a binding vote for student trustees within the current system. A motion by Trustee Laws to defer the motion to a future Chairs' Committee meeting to provide time to study the issue was defeated. Frank Cserepy noted that while the Ottawa - Carleton Assembly of School Councils (OCASC) supports and values student trustee participation it does not support them receiving a binding vote or honorarium. He suggested that if student trustees acquire either a vote or honorarium that the same would have to be considered for other non - voting groups. Student Trustee Kasper clarified that OSTA -AECO is recommending a scholarship not an honorarium. The student trustees expressed the view that they are accountable to the student electorate and because students are the reason the Board exists, it is reasonable to provide these major stakeholders with a voice on the Board. Trustee Moen noted that providing student trustees with a binding vote would override the legal age limit for voting or change the democratic process, as a student trustee over the age of majority could technically have two votes at the Board table. He submitted that while the opportunity to hear the voice of student trustees is essential, providing a binding vote is not appropriate. Student Trustee Genest noted that the Minister of Education's main initiative is student success and expressed the view that Minister Kennedy believes a binding vote is appropriate as it would raise the profile of student trustees and demonstrate to students that they do have input into the education system. Trustee Brockington noted that Nathan Lachowsky, President of OSTA -AECO, indicated to him that only a small number of students were polled with regards to the position paper on student trustees and that the impetus for the paper was to standardize the treatment of student trustees across Ontario. Trustee Brockington noted that constituents are not in support of a binding vote for students and submitted that other non - voting representatives could use similar arguments to gain a binding vote. Trustee Laws noted that in 1994, the Royal Commission on Learning made several recommendations including, that all boards have at least one student member entitled to vote on all Board matters and that a Student and Youth Council be created. Trustee Scott moved in amendment THAT "to advise him of the mechanisms in place in the Ottawa - Carleton District School Board to support an effective role for student trustees" be added at the end of Part B. A sub - amendment by Trustee Moen THAT Part B be divided into parts i) the Board's opposition to the adoption of a binding student trustee vote, and ii) to advise him of the mechanisms in place in the Ottawa - Carleton District School Board to support an effective role for student trustees, was accepted as friendly. Chairs' Committee 6 25 January 2006 The amendment as sub - amended was carried. Trustee Libbey noted that providing a binding vote is the ultimate voice at the Board table and that a student vote could determine the outcome of a close vote on an issue. Trustee Libbey noted that while democracy can be complicated he would not support providing a binding vote at this time. Student Trustee Genest expressed the view that providing a binding vote would result in student trustees being more involved in their respective roles. She submitted that, as students are the ones mainly affected by decisions at the Board table they should be given a voice, especially where trustees' positions on an issue vary significantly. In wrap -up Trustee Spice noted that the Minister has requested input on the concept under discussion but has not provided any context. She expressed the view that while there are many arguments on both sides of the issue, in the current political system, a binding vote for student trustees is not appropriate. The motion, as amended, was carried. On a motion by Trustee Spice therefore, your Committee recommends: A. THAT the Ottawa - Carleton District School Board confirm its commitment to ensuring an effective role for student trustees, enhancing the voice of students and considering proposals from student trustees and the Student Trustee Advisory Committee (STAG) to further these objectives, and B. THAT the Chair write to the Minister of Education to indicate: i) the Board's opposition to the adoption of a binding student trustee vote, and ii) to advise him of the mechanisms in place in the Ottawa - Carleton District School Board to support an effective role for student trustees. 2006 -2007 School Year Calendar Due to the time sensitivity of this issue, it was agreed to move discussion of this item to earlier on the agenda. Your Committee had before it staff report No. 06 -014 seeking Board approval of the proposed 2006 -2007 School Year Calendar. Executive Officer (Instruction) Millington noted that a School Year Calendar Consultative Committee was convened to develop a 2006 -2007 school year calendar in accordance with Board and Ministry of Education requirements. A draft calendar was distributed for consultation and following a meeting of the consultative committee to consider input from the various stakeholders a recommended calendar (Appendix B of report 06 -014) was developed. Recommendation approved at 30 January 2006 Board meeting Chairs' Committee 7 25 January 2006 In response to a query by Trustee Brockington, staff confirmed that consideration could be given to starting the school year in August in order that final exams be completed during cooler weather. Trustee Getty moved the recommendation in the staff report. In response to a concern by Trustee Funiciello with respect to early dismissal days, Executive Officer (Instruction) Millington noted that the Committee did not discuss the placement of possible early dismissal days. The motion was carried. On a motion by Trustee Getty therefore, your Committee recommends: THAT the school year calendar (outlined in Appendix B of staff report 06 -014) be submitted to the Ministry of Education as the official 2006 -2007 school year calendar for Ottawa - Carleton District School Board elementary and secondary schools. Trustees requested that the calendar be posted on the OCDSB website as early as possible. Bill 123, Transparency in Public Matters Act, 2005 Your Committee had before it staff report No. 06 -008 recommending that the Board express opposition to Bill 123, Transparencyy in Public Matters Act. Executive Officer (Administration) Giroux reviewed the background of Bill 123 noting that it is a private member's bill which attempts ensure that the decision - making process is open to the public. She pointed out that public access to school board meetings is already legislated under the Education Act and that this redundant legislation could create confusion for public bodies and the general public. Ms. Giroux noted that Bill 123 indicates that where there are conflicts between the Acts, the more permissive would apply and that the Bill would grant powers to the Information and Privacy Commissioner which appear to exceed normally accepted levels of authority. In response to a query by Trustee Moen, Roger Mills confirmed that parallel provisions regarding public meetings are also included in the Municipal Act. Trustee Moen indicated that a review of the legislation was conducted by the Ontario Public School Boards' Association (OPSBA) and expressed the view that a blanket withdrawal may not be the best approach as the legislation could result in improvements in some areas. Trustee Getty moved THAT the OCDSB send a letter to the Minister of Education expressing our concerns with Bill 123 and requesting his assistance in seeking a withdrawal of the Bill and that such letter be copied to the Premier of Ontario, Ms. Caroline Di Cocco, Member of Provincial Parliament for Sarnia - Lambton and Parliamentary Assistant to the Premier, all other MPPs, Ontario Public School Boards' Association and local area school boards. Recommendation approved at 30 January 2006 Board meeting Chairs' Committee 8 25 January 2006 In response to a request for comment, Roger Mills noted that the legislation provides for sweeping powers and that the legislation could make it difficult to determine when an in- camera meeting or session could be held. Trustee Moen moved in amendment THAT "indicating our view that any intended changes should be enacted by changes to the Education Act and /or the Municipal Act" be added following "THAT the Ottawa - Carleton District School Board send a letter to the Minister of Education expressing our concerns with Bill 123..." In response to trustee queries, Ms. Giroux explained that staff's concerns are the duplication in legislation and expressed the view that revisions should be within the Education Act. She noted that Bill 123 would legislate a higher standard for the posting of notices of meetings and minutes which would contradict the Board's position regarding authority and autonomy, as those types of changes could be done through revisions to the Board's By -laws. The amendment was carried. The motion, as amended, was carried. On a motion by Trustee Getty therefore, your Committee recommends: THAT the Ottawa - Carleton District School Board send a letter to the Minister of Education expressing our concerns with Bill 123, indicating our view that any intended changes should be enacted by changes to the Education Act and /or the Municipal Act and requesting his assistance in seeking a withdrawal of the Bill and that such letter be copied to the Premier of Ontario, Ms. Caroline Di Cocco, Member of Provincial Parliament for Sarnia - Lambton and Parliamentary Assistant to the Premier, all other MPPs, Ontario Public School Boards' Association and local area school boards. Annual Report, Municipal Freedom of Information and Protection of Privacy Your Committee had before it staff report No. 06 -005 providing trustees with an update on the status of activities under the Municipal Freedom oflnforniation and Protection ofPrivacly Act (MFIPPA) for 2005. Roger Mills noted that of the five requests received, only one request was denied as the information requested was not available from staff. The requestor appealed the decision to the office of the Information and Privacy Commissioner which confirmed the Board's position. Rescheduling of 12 June 2006 Board Meeting Your Committee had before it staff report No. 06 -013 requesting that the 12 June 2006 Board meeting be rescheduled to 13 June 2006 to accommodate a "Cappies" (Critics' Awards Program) Gala to be held 12 June 2006 at the National Arts Centre. Trustee Laws moved the recommendation in the staff report. * Recommendation dealt with at 30 January 2006 Board meeting Chairs' Committee 9 25 January 2006 Trustee Brockington noted that, while he supports the rescheduling, it reduces the number of evenings available for budget deliberations. The motion was carried. On a motion by Trustee Laws therefore, your Committee recommends: * THAT the Ottawa - Carleton District School Board's June 12, 2006 Board meeting be rescheduled to June 13, 2006 in order to permit trustees and senior staff to attend and participate in the inaugural Canadian Cappies gala on June 12, 2006 at the National Arts Centre. A motion to continue the meeting past 10:30 p.m. did not receive a two - thirds majority vote. The meeting adjourned at 10:30 p.m. The following information items were noted: • staff report No. 06 -021 Re: Electoral Zone Boundary Review • staff report No. 06 -020 Re: Board Motions Tracking Report Lynn Graham Chair Chairs' Committee /BAF * Recommendation dealt with at 30 January 2006 Board meeting Chairs' Committee 10 25 January 2006