Education Act 2004
20Establishing government schools etc
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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 levels of education to be provided by government schools. (3) The Minister may establish school-related educational institutions and services (school-related institutions). Example of school-related institution Murrumbidgee Education and Training Centre (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) give public notice of— (i) 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; a website operated by the administrative unit responsible for this Act Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (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) give public notice of the final decision; and Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(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;