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HomeMy WebLinkAbout09 SPPC Report 11 07 December 2011 and Appdx A REPORT NO. 1, STRATEGIC PLANNING AND PRIORITIES COMMITTEE TO: The Board DATE: 7 December 2011 A meeting of the Strategic Planning and Priorities Committee was held commencing at 7:30 p.m. Trustee Jennifer McKenzie in the chair and the following also in attendance: TRUSTEE MEMBERS: Rob Campbell, Bronwyn Funiciello, Katie Holtzhauer and Shirley Seward OTHER TRUSTEES: Theresa Kavanagh and Lynn Scott STAFF: Jennifer Adams, Director of Education and Secretary of the Board Stephen Sliwa, Superintendent of Instruction Michele Giroux, Executive Officer, Corporate Services Bruce Fraser, Board/Committee Coordinator NON-VOTING REPRESENTATIVES: Anna Clement, Student Senate Carrie Eaton, Ottawa-Carleton Assembly of School Councils Bruce Hubbard, Ottawa-Carleton Elementary Operations Committee Rob Kirwan, Special Education Advisory Committee 1. Call to Order Chair McKenzie called the public session to order at 7:30 p.m. 2. Approval of Agenda Moved by Trustee Funiciello, THAT the agenda be approved. - Carried Director Adams noted that Chief Financial Officer Clarke was unable to attend the meeting. 3. Public Question Period There were no public questions. 4. Chair McKenzie reported that consideration is being given to adding on a trial basis, a regular objectives related to well-being, engagement, leadership and learning. She advised that she had met with Marilyn Gouthro regarding a discussion of governance to take place at the trustee/senior staff retreat in February and that further details will be provided by memo. 1 Strategic Planning & Priorities Committee 7 December 2011 Report No. 1 Chair McKenzie noted that transportation issues will be discussed in the coming months. Director Adams advised that an information report with respect to the Ottawa Student Transportation Authority will be going to Business Services Committee in December followed by recommendations for action in January or February. 5. There was no report from the Director. 6. Review of Agenda Items for Standing and Statutory Committees Your Committee reviewed agenda items for the Standing and Statutory Committees and the following points were noted: Special Education Ad Hoc Committee The Committee will hold an all day working session on 12 December 2011. Committee of the Whole (Public) Kanata The meeting schedule was approved last spring based on the Accommodation Review Committee deadline requirements. Education Committee Significant organizational and program changes at Bell High School and the former Ottawa Technical High School will be coming forward for Committee and Board approval as per current Board policy. Director Adams noted that, to streamline the process, a review of the policy should be considered to determine if Board approval is necessary. Business Services Committee Discussion of the Ottawa Student Transportation Authority will be a major discussion item. Governance Task Force Discussion from 1 November 2011 meeting will continue based on input from trustees provided to Executive Officer Giroux. Special Education Advisory Committee Proposed changes to special classes report being presented at Education Committee is only the approval of consultation process. Consultation would have been delayed by a month if it was presented to SEAC first; and SEAC will include a notice of motion regarding a SEAC statement on inclusion. Trustee Scott asked if future meetings could include th current month. Rob Kirwan, Chair of SEAC, requested that Executive Officer Giroux or Superintendent McCoy contact him regarding revisions to policies with respect to workplace Health and Safety. He noted that he had received information from solicitors at Osgoode Hall Law School regarding changes with respect to occupational health and safety. Executive Officer Giroux noted that there were a number of changes emanating from feedback to the Ministry of Labour and procedures are being clarified. Staff will be following up with respect to additional policy work required. 2 Strategic Planning & Priorities Committee 7 December 2011 Report No. 1 7. Receipt of Report 5, Board Governance Task Force, 1 November 2011 Moved by Trustee Kavanagh, THAT Report 5, Board Governance Task Force dated 1 November 2011 be received. Moved in amendment by Chair McKenzie, THAT the statement in the last paragraph on page Trustee McKenzie submitted that staff may feel responsible to both the Board of Trustees and the Ministry of Education - Carried - Moved by Trustee Kavanagh, THAT Report 5, Board Governance Task Force dated 1 November 2011 be received as amended (attached as appendix A ). - Carried - 8. Board Member Motion: a. Adding a Standard Item re the Ottawa Student Transportation Authority to the Business Services Committee Agenda, Notice having been given, Trustee Campbell moved as follows: WHEREAS student transportation remains an important concern of the OCDSB District and Board of Trustees, for important budgetary, policy, governance and school community service reasons; WHEREAS a regular review of current student transportation-related information and updates, public or in camera as required, should not regularly require the attention of the whole Board; WHEREAS it is important that all Trustees have an opportunity to regularly review and discuss student transportation matters of interest in order for the Board to be able to guide its votes on student transportation budget and policy matters both at the OCDSB and at Ottawa Student Transportation Authority (OSTA); THEREFORE BE IT RESOLVED, THAT a regular part of every Business Services Committee meeting shall include an opportunity to review and discuss any newly available Ottawa Student Transportation Authority (OSTA) material generated since the last Committee meeting, including any OSTA reports to its Board or decisions emanating from its Board. Trustee Campbell noted that the intent of the motion is to provide regular reports to the Board through the appropriate Committee regarding important information with respect to meetings, discussions and decisions of the Ottawa Student Transportation Authority (OSTA). He noted that, in the past, directors of OSTA have requested input from the Board regarding various issues, such as the strategic priorities for OSTA, and it is important for the Board to maintain a close working relationship with the OSTA Board of Directors. He submitted that Business Services Committee is appropriate as at least one OSTA director is normally present at those meetings. 3 Strategic Planning & Priorities Committee 7 December 2011 Report No. 1 Trustees speaking in support of the motion agreed that information from OSTA would be useful to inform discussions regarding funding issues, policy items that require input from member boards such as the development of a common system for hazard criteria identification, and determining which issues will require Board action in the future. It was noted that this item would provide critical information for the next two or three years. Some Committee members expressed the view that the report should not be a staff undertaking but should be similar to that of the OPSBA report to Board. Trustee Seward expressed support for the motion but expressed a preference for the report being presented to the Strategic Planning and Priorities Committee which has a broader membership. She noted that Business Services Committee would be acceptable if there were challenges as the result of the timing of issues coming forward. Trustee Seward submitted that having a member of the OSTA Board of Directors present would be useful to interpret any information presented. Trustee Scott indicated that Director Adams and Superintendent Carson are both equal members of the OSTA Board in addition to the two OCDSB trustees and could address any information coming forward should trustee members not be available. Director Adams noted that the standing item would generally include items for discussion and that major items would continue to come forward through reports containing staff recommendations to ensure that the Board receive the best information available from staff. In wrap-up, Trustee Campbell submitted that he would expect at least one OSTA board member would be available at each meeting to inform colleagues and that the presentation of a summary report would provide the Board with an opportunity to obtain information for future decision making on significant policy issues related to transportation finance and governance. Moved by Trustee Campbell, THAT a regular part of every Business Services Committee meeting shall include an opportunity to review and discuss any newly available Ottawa Student Transportation Authority (OSTA) material generated since the last Committee meeting, including any OSTA reports to its Board or decisions emanating from its Board. - Carried, unanimously - 9. OCDSB Input to Grants for Student Needs Chair McKenzie advised that the genesis of the discussion item was the joint chairs and directors ideration would be given to developing a presentation with respect to the Grants for Student Needs (GSN) to the Standing Committee on Finance and Economic Affairs. She noted that as Superintendent Clarke was unable to attend the meeting the discussion would go forward without the benefit of his advice. During discussion, the Committee raised a number of items that should be included in the input to OPSBA as well as the Standing Committee on Finance and Economic Affairs. The following points were noted: Input should be provided to both OPSBA and the Standing Committee on Finance and Economic Affairs; 4 Strategic Planning & Priorities Committee 7 December 2011 Report No. 1 Discussions are needed with other large boards with comparable issues, such as the salary gap, to ensure there is a common viewpoint presented; Other significant items not directly related to the GSN should be included, such as capital needs, English Language Learners and Special Education needs; Limited timelines will make it challenging to present input beyond OPSBA and the Standing Committee on Finance and Economic Affairs; Efforts to influence the priorities of other boards with respect to the GSN through meetings with chairs and directors could be of limited success as there are few boards in the same situation as the OCDSB; Submissions to both groups should be consistent; The approach used to present issues should be improved; Funding for provincial initiatives (e.g., full day kindergarten and mental health) should be sought; A draft letter from CFO Clarke would be useful as he has been effective at identifying major issues in past years; OCDSB issues and concerns should be at the forefront of the presentations; In order to provide local flexibility and planning, the provision of consistent funding should be promoted;, rather than the need for a business case to be developed on a case-by-case basis; The new special education funding model is a concern as it is based on the general municipal population for a given area therefore boards with higher needs, such as the OCDSB, may not receive the level of funding required; The Board needs to approve its advocacy priorities; The Board needs to work actively with other boards in a growth situation; behalf; Repetition of prior year concerns input can be effective; The unique needs of the National Capital Area should be stressed; and Concern with the reduction of funding as EQAO results improve should be included. It was agreed that Board and Committee input regarding Grants for Student Needs should be provided to Chief Financial Officer Clarke and Chair McKenzie as soon as possible. A draft letter to OPSBA and a draft submission to the Standing Committee on Finance and Economic Affairs will be brought for consideration to the January Strategic Planning and Priorities Committee meeting. In response to a query regarding the schedule for the Standing Committee on Finance and Economic Affairs, Executive Officer Giroux advised that the schedule has not been set but staff has requested a presentation time. The Committee Clerk responsible has noted the request and will advise on its status at a later date. 10. OCDSB Input to OPSBA re Board Member Code of Conduct Your Committee had before it for discussion, a draft code of conduct received from OPSBA soliciting feedback and comment on the draft. During discussion, Committee members expressed concern with the limited timeline being provided to discuss such a significant document. It was noted that information regarding a code of conduct has been expected from the province for a significant period of time and receiving this information from OPSBA raised a number of questions with respect to the status of the provincial code of conduct and the impact that responding to this document could have on the draft provincial regulation. 5 Strategic Planning & Priorities Committee 7 December 2011 Report No. 1 Some Committee members noted concern with the lack of clarity with respect to the timelines and process for submission of comments. Several Committee members expressed concern about the length and complexity of the draft Code of Conduct and it was noted that one-third of the document deals with behaviour while two-thirds of the document addresses the disciplinary process. Related to these issues were concerns that developing a sample Code of Conduct at this stage may serve to encourage additional complexity and prescription to the regulation. During discussion a number of additional concerns were raised and the following points were noted: the current draft might be better structured as two documents; one policy and one code; there is a risk of confusion with terminology which might be addressed by more clarity in writing and the inclusion of a definitions section; the boundaries between the informal and formal appeal processes are not clear and should be better delineated; greater emphasis should be placed on remediation opportunities in place of disciplinary processes; the process is burdensome relative to the sanctions; it is unclear why the person subject to the complaint cannot vote and the complainant can vote; the public and private parts of the process are unclear and a rationale for any decision on an appeal should be required publicly; the Code of Conduct should include or reference the required duties of trustees; expectations around a fair complaints process; the process for holding a hearing; and the process for discipline; any sanctions should be proportional to the offence or driven from the offence and should not be punitive in nature but should serve to protect the Board; it is essential that there be flexibility in the structure and content of a Code of Conduct to ensure it is reflective of the local issues and environment; and the current wording is still too restrictive; there is no independent appeal process for the person against whom the complaint is being made nor the complainant when a complaint is denied by the Chair and Vice Chair; further quired. Trustees should not be hindered from representing communities of which they form an integral part nor constituents with whom they are acquainted; paragraph 26 should be separated to differentiate between protection of personal information versus the responsibility to secure information in your possession; and The enforceability and appropriateness of withholding information relating to a meeting from which a trustee is barred may impede his or her ability in future meetings on that issue (paragraph 74). Staff agreed to draft a letter to OPSBA, based on concerns expressed at the meeting, regarding its request for input to a draft template document for a Board Member Code of Conduct. 11. Report 11-217, 2012-2013 School Year Calendar Your Committee had before it staff report 11-217 providing an update on the timeline for developing the Ottawa--2013, and key dates associated with the calendar. 6 Strategic Planning & Priorities Committee 7 December 2011 Report No. 1 Superintendent Sliwa noted that the draft calendar presented was in response to a board motion in 2010 requesting that senior staff bring key dates in draft form regarding the school year to the December meeting of the Strategic Planning and Priorities Committee. He noted that the draft calendar will help parents to plan for vacation periods and that dialogue will continue next week regarding professional activity days and exam dates with the final draft being presented to the Committee in January for recommendation to the Board. In response to queries by Trustee Seward, Superintendent Sliwa advised that, while the Ministry of Education makes suggestions as to the most appropriate location in the calendar for breaks and professional activity days, boards do have some flexibility in scheduling as long as the required number of instructional days is observed. He indicated that, should the March break be extended to two weeks, the start or end of the school year would have to be adjusted by five days to accommodate the change. Superintendent Sliwa noted that the parent on the Committee indicated a parental preference to commence the school year following Labour Day. Adjusting the length of the instructional day would require negotiations with the federations as the length and make up of the school day is a contractual item. Superintendent Sliwa advised that boards are permitted by the Ministry of Education to have up to six Professional Activity (PA) days. with respect to improving student achievement and student success. He indicated that the current draft would include four, three-day weekends and one four-day weekend. Speculation with respect to additional four-day weekends would be premature at this time. In response to a query, Superintendent Sliwa advised that the current school year calendar planning committee does not include a student representative but input is received from the Student Senate. Director Adams noted that there are some very strict contractual guidelines regarding professional activity days as some dates are mandated for report card writing days for the elementary panel as well as requirements by the Ministry of Education. Trustee Scott noted that the planning of PA days takes into consideration a number of issues in an effort to enhance student learning. Trustee Campbell thanked staff for bringing the draft calendar forward and requested that, should the committee require additional time to develop the details of the calendar, that a staff recommendation for the start and end date of the school year be presented in January and a supplementary report with other details be presented at a later date. He submitted that the school calendar must focus on student progress; therefore, vacation periods and exam time decisions should be based on reasons that are pedagogical in nature. Trustee Seward expressed concern that the calendar is currently developed based on the pedagogical interest of students from an adult perspective and submitted that it should also take a student perspective into consideration. 12. New Business Trustee Campbell requested that staff prepare a response to an inquiry he received from a constituent regarding student safety at swimming events. 7 Strategic Planning & Priorities Committee 7 December 2011 Report No. 1 13. Adjournment The meeting adjourned at 10: 30 p.m. Jennifer McKenzie Chair Strategic Planning and Priorities Committee 8 Strategic Planning & Priorities Committee 7 December 2011 Report No. 1 APPENDIX A REPORT NO. 5, BOARD GOVERNANCE TASK FORCE A meeting of the Board Governance Task Force was held on 01 November 2011 commencing at 5:50 Theresa Kavanagh in the chair and the following also in attendance: TRUSTEE MEMBERS: Donna Blackburn, Rob Campbell, Bronwyn Funiciello, Katie Holtzhauer and Jennifer McKenzie OTHER TRUSTEE: Lynn Scott STAFF: Jennifer Adams, Director of Education and Secretary of the Board Michèle Giroux, Executive Officer, Corporate Services Monica Ceschia, Manager of Board Services Sue Baker, Board/Committee Coordinator 1. Call to Order On behalf of Chair Kavanagh, Trustee Holtzhauer called the meeting to order at 5:50 p.m. 2. Approval of Agenda Moved by Trustee Blackburn, THAT the agenda be approved. - Carried - 3. Confirmation of Minutes a. Report 4, 21 September 2011 Moved by Trustee McKenzie, THAT Report 4 of the Board Governance Task Force, dated 21 September 2011 be confirmed. Trustee McKenzie noted that it was her understanding that the last sentence of the third paragraph on folio 6 regarding a staff proposal based on the input received at the meeting referred to the timeline for a committee structure pilot project, and that this timeline was to have been understanding that the statement regarding the timeline referred to the delivery of the Ontario Education Services Corporation (OESC) modules. Director Adams suggested that it would be appropriate to work first with the OESC modules before developing a plan for a committee structure pilot project. Trustee Kavanagh assumed the Chair. Board Governance Task Force 01 November 2011 Report No. 5 Director Adams agreed that the minutes would be amended to clarify the distinction between the timeline for a committee structure pilot project and the timeline for the facilitated session for the delivery of selected OESC modules and the development of a governance policy. Trustee McKenzie noted that she would like to receive an updated plan for a committee structure pilot project at a future meeting. Moved by Trustee McKenzie, THAT Report 4 of the Board Governance Task Force, dated 21 September 2011 be confirmed, as amended. - Carried - 4. Report 11-190, Policy on Board Governance The Task Force had before it Report 11-190 providing for discussion a revised draft policy on board governance. Director Adams advised that staff has reviewed the comments made during the 21 September 2011 Board Governance Task Force meeting and a revised policy is attached as Appendix A to Report 11-190. Executive Officer Giroux advised that the Task Force was quite specific during its discussion of proposed changes, and staff has incorporated these changes in the revised draft policy. She also noted b Officer Giroux advised that a number of other related policies have been appended to the staff report for reference in the event that the Task Force would wish to incorporate some elements of them into the governance policy. The Task Force commenced its review of the second draft policy on Board governance and during discussion the following points were noted: Title The title is ambiguous and it is unclear as to whether governance refers to the Board of Trustees or the Ottawa-Carleton District School Board. § 1.0 Objective It is unclear whether the objective of the policy is to establish a framework to establish the principles and philosophies, or if it should establish the principles and philosophies; the pieces that need to be in place to enable the Board to carry out governance; and The references to student achievement and wellbeing are mission statements and not objective statements. § 2.0 Definitions 2.1 Clarify the use of Board versus board, and District versus district; 2.2 The bulleted list of activities should be moved to section 4.1 or an appended job description and not form part of the definition of governance; and 2.4 Clarify the meaning of uphold. - 2 - Board Governance Task Force 01 November 2011 Report No. 5 § 4.0 Specific Directives § 4.1b Differentiate between the roles and responsibilities of trustees and those of staff; and Clarify what constitutes a board decision and what is a staff decision. § 4.1c Clarify whether the job description for board members has previously been formally approved by the Board. § 4.1d responsibilities to their constituents. Process for Further Development of Draft Policy Trustee Campbell expressed appreciation to staff for their work on the draft policy. He submitted that considerable work remains to be done and a large Task Force of 8-10 members might be too unwieldy to edit the text on a clause by clause basis. He suggested that it may be more effective to task a smaller sub-group of the Task Force with further revisions to the policy; Chair Kavanagh noted that it would have been helpful if Task Force members had provided their proposed changes in writing in advance of the meeting to enable a more thoughtful discussion; Director Adams suggested that the Task Force consider one of the three following methods to continue its development of the governance policy: the Task Force reviews the draft policy clause by clause and staff amends the draft as specifically directed (as was done at the last meeting of the Task Force); or the Task Force reviews and proposes changes and staff interprets the comments and suggestions and produces a third draft; or the Task Force forms a sub-committee to do the work; Trustee McKenzie suggested that the Task Force members outline their concerns with the draft policy and follow up the discussion with a written email to Executive Officer Giroux. She expressed the opinion that a small sub-committee should do the policy writing work; Trustee Scott submitted that all trustees need to provide input and discuss the concepts outlined in the draft policy rather than leave the work to a small group of trustees. She Task Force should seek input from all trustees and come to agreement about what components (i.e., statements, beliefs, philosophies, commitments, expectations, roles and responsibilities etc.) need to be addressed in the governance policy or other policies. She also noted that the Task Force would need to determine which aspects belong in policy and which are more appropriately embedded in the ylaws and Standing Rules; Executive Officer Giroux noted that policy development is an iterative process and staff has respected the Task Forces desire to draft suggestions that the Task Force review governance policies of other school boards, including the Edmonton Public School Board, she agreed to provide examples to assist the Task Force in determining appropriate wording; Trustee Campbell suggested that the Task Force identify the major issues that need definition, clarity, and resolution in order to ensure that the policy provides useful guidance and that the committee structure and reporting requirements are appropriate. He noted that it was important to understand what we want the policy to do and whether or not the policy would ultimately resolve some of the long-standing questions that plague this Board, such as: i. What is the role of the Board vis a vis staff? - 3 - Board Governance Task Force 01 November 2011 Report No. 5 ii. What is the role of the trustees versus Board members? and iii. What does upholding a decision of the Board mean? Task Force members suggested that the following components may be included in the policy: Purpose including statements about what the policy is intended to clarify and o resolve for the Board Definitions o Specific Directives: o i) Beliefs including: a. determine which beliefs belong in the policy, for example beliefs about board governance and/or beliefs about student learning; b. the role of the Board in setting general direction through policy and monitoring policy implementation; c. address what happens when the Board has not done its work fully or properly or does not have clear policies in areas where it wants work done; d. - appeals, boundary adjustments, program reviews, principal appointments etc. and determine whether policy statements are required or if these areas are outside the jurisdiction of the Board of Trustees; and e. address Board of Trustee involvement when the Board determines that staff has not done its work fully or properly. ii) Guiding principles including: a. differentiate between guiding principles for the district and guiding principles for Board governance. iii) Commitments of the Board, including: a. how the Board would conduct its business and tackle underlying issues; and b. expectations for schools and central services. iv) Job Description for Board Members, including: a. specificity around the roles, responsibilities and jurisdiction for the Board and for staff (i.e., policy setting, budget, strategic plan, implementing and monitoring policies, implementing provincial initiatives, facilities, monitoring OCENET, OSDN, Education Foundation, OSTA, constituency affairs); and b. the relationship between the Board and the Director of Education and delegation of authority. Executive Officer Giroux noted that while the policy can endeavour to address some systemic enforce it. She also noted that this policy should be different from a code of conduct for trustees; monitoring function, for example, should the Board amend and edit reports, or are trustees required to participate on selection committees when authority to hire has been delegated to the Director of Education? It would be helpful for new trustees to have examples of what they are expected to monitor and how it should be done; Bill 177 and the job description for board members include the following monitoring functions: monitoring the effectiveness of policies and multi-year plans in achieving the monitoring the performance of the Director of Education; and monitoring the fiscal management of the district; Trustee McKenzie submitted that staff may feel responsible to both the Board of Trustees and the Ministry of Education, and when provincial initiatives such as full-day learning and the - 4 - Board Governance Task Force 01 November 2011 Report No. 5 extended day program are imposed on school boards, the Board of Trustees may not become involved until the implementation of an initiative becomes an issue. She maintained that c- making powers; and With regard to local jurisdiction, clarity is required on policy governance in certain areas, for example, if the Board is requested by staff to make decisions on the location of EFI classes, then why does it not make decisions on the location of special education classes; and why are under what circumstances is the Board, through trustee motion, able to provide direction to staff in areas that are normally within the purview of staff. 5. Next Steps: Board Governance Chair Kavanagh asked Task Force members to submit their belief statements, concerns about the jurisdiction and other issues, and any other input on the draft policy to Executive Officer Giroux not later than 25 November 2011. The input will be compiled by staff for discussion at the next regular meeting of the Task Force on 19 December. Discussion will include the formulation of a statement on the Trustee Scott suggested that the Task Force generate more than one statement on a particular issue in order to facilitate debate at the Board level. Chair Kavanagh reminded the members that a facilitated discussion of OESC modules for trustees and senior staff will take place on 16 November 2011. 6. New Business There was no new business. 7. Adjournment The meeting adjourned at 7:30 p.m. Theresa Kavanagh Chair Board Governance Task Force - 5 - Board Governance Task Force 01 November 2011 Report No. 5