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Board Policy 15: Pupil Accommodation Reviews

Legal References

Education Act Section 8 (1) 26 School Closings; Education Act: Section 171 (1) 7 Schools and Attendance Areas; Education Act: Sections 194-196 Dealings with Property; O. Reg. 444/98 Disposition of Surplus Real Property; Ministry Guidelines: Planning Capacity

Related References

Ministry of Education Memorandum 2015: B09 Release of New Pupil Accommodation Review Guideline and Community Planning and Partnerships Guideline; Memorandum 2015: B03 Capital Planning Capacity Program

1. Accommodation Reviews

1.1 Avon Maitland District School Board is committed to providing a comprehensive range of educational opportunities equitably distributed across a broad and diverse geographical area through sustainable community schools. Various factors beyond the control of the board impact on this commitment. These factors include changing and mobile populations, a changing funding environment, new legislation, changing educational objectives, community aspirations, the potential for mutually beneficial partnerships with other agencies and the physical characteristics of buildings.

1.2 To maintain its commitment to the judicious use of finite resources, the Avon Maitland District School Board monitors and evaluates all schools on a regular basis and studies in detail schools whose viability may be in question.

1.3 The Avon Maitland District School Board is aware that changes in any school’s student accommodation or other status have an impact beyond the school. The board therefore maintains that the detailed study of any school must have a district-wide perspective and include public consultation.

2. Application

2.1 This policy applies to schools offering elementary or secondary regular day-school programs. It is based upon the Ministry of Education Pupil Accommodation Review Guideline, March 2015 (Appendix A).

2.2 This policy does not apply:

2.2.1 Where a replacement school is to be built by the board on the existing site or built or acquired within the existing school attendance boundary as identified through the board’s existing policies or procedures;

2.2.2 Where a replacement school is to be built by the school board on the existing site, or built or acquired within the existing school attendance boundary and the school community must be temporarily relocated to ensure the safety of students and staff during the reconstruction, as identified through the board’s policies or procedures;

2.2.3 When a lease for the school is terminated;

2.2.4 When the board is planning the relocation in any school year or over a number of school years of a grade or grades, or a program, where the enrolment constitutes less than 50% of the enrolment of the origin school; this calculation is based on the enrolment at the time of the relocation or the first phase of a relocation carried out over a number of school years;

2.2.5 When the board is repairing or renovating a school, and the school community must be temporarily relocated to ensure the safety of students during the renovations;

2.2.6 Where a facility has been serving as a holding school for a school community whose permanent school is over-capacity and/or is under construction or repair; or

2.2.7 Where there are no students enrolled at the school at any time throughout the school year.

2.3 In the above circumstances, the board shall inform school communities about proposed accommodation plans for students before a decision is made by the board.

2.4 The board will also provide written notice to each of the affected single and upper-tier municipalities through the Clerks Department (or equivalent), as well as other community partners that expressed an interest prior to the exemption, and the coterminous boards in the areas of the affected school(s) through the Director of Education, and the Ministry of Education through the Assistant Deputy Minister of the Financial Policy and Business Division no fewer than five (5) business days after the decision to proceed with an exemption.

2.5 A transition plan will be put in place following the board’s decision to consolidate, close or move a school or students in accordance with this section.

3. Process

3.1 The process of student accommodation review, which may or may not result in change in student accommodation, shall consist of three stages:
    1. Preliminary Analysis of Accommodation Data
    2. Review for Possible Substantial Change
    3. Decision and Implementation
3.2 Student accommodation review may result in such changes as:
    1. changes to the grades offered in a school
    2. closures
    3. any other practical solutions to overcrowded, underutilized or inadequate school facilities
3.3 In this policy, use of the word “school” shall mean “schools” where more than one school is being considered.

3.4 In this policy use of the word “day” shall include all business days and exclude statutory holidays, weekends, and board-designated winter, spring, and summer breaks.

3.5 In this policy the terms “Director of Education” and “board administration” shall refer to the Director of Education or designate.

4. Preliminary Analysis and Identification for Review for Possible Substantial Change

4.1 Each school year, the Director of Education shall conduct a preliminary accommodation analysis of all schools under the board’s jurisdiction.

4.2 When the Director of Education or designate identifies a school (or schools) that is projected to have long-term excess space and/or low absolute enrolment, the Director of Education or designate would typically look at a number of options including, but not limited to: 
    1. moving attendance boundaries and programs to balance enrolment between over and underutilized schools;
    2. offering to lease underutilized space within a school to a coterminous board;
    3. finding community partners who can pay the full cost of operating the underutilized space; and/or
    4. decommissioning or demolishing a section of the school that is not required for student use to reduce operating costs.
4.3 Upon completion of the analysis, the Director of Education shall present a report to the board which will include:
    1. The Ministry of Education capacity for each school;
    2. The actual enrolment and occupancy as a percentage of the Ministry of Education capacity;
    3. The current and projected enrolments in each school;
    4. Other information or special circumstances that the Director of Education may deem relevant such as:
      1. The number of border-crossing students in attendance at each school;
      2. The location of and enrolment in special programs which attract students from other parts of the district;
      3. The status of the physical plants;
      4. The number and location of portables or temporary classrooms;
      5. The need for alterations and additions; and
      6. Preliminary financial information.
    5. Information on actions taken by the Director of Education or designate prior to recommending a pupil accommodation review process and supporting rationale as to any actions taken or not taken.
    6. Recommendations to the board regarding which school(s) should be placed in “Under Review Status” and the circumstances that support this designation.
    7. For the school(s) recommended to be placed “Under Review Status”, one or more options to address the accommodation issue(s) with a supporting rationale for each. The report must indicate the recommended option if more than one option is presented.
    8. The recommended option included in the preliminary accommodation report from item g) above must address the following:
      1. summary of accommodation issue(s) for the school(s) under review;
      2. where students would be accommodated;
      3. if proposed changes to existing facility or facilities are required as a result of the pupil accommodation review;
      4. identify any program changes as a result of the proposed option;
      5. how student transportation would be affected if changes take place;
      6. if new capital investment is required as a result of the pupil accommodation review, how the board intends to fund this, as well as a proposal on how students would be accommodated if funding does not become available;
      7. any relevant information obtained from municipalities and other community partners prior to the commencement of the pupil accommodation review, including any confirmed interest in using the underutilized space;
      8. a proposed timeline for implementation.
    9. Every effort will be made to provide the School Information Profiles (SIPs) for the schools affected by the review as part of the preliminary accommodation report. The SIPs will be available no later than the first public meeting of the Accommodation Review Committee (ARC).
    10. Rather than examining individual schools, wherever possible the board shall consider for “Under Review Status” a group of schools in a planning area that are close enough to facilitate the development of viable and practical solutions for student accommodation.
    11. If the board votes to place a school or schools under further review, the Director of Education shall inform the affected school community(ies) of the accommodation review and, specifically, the potential for any school closures as a result of the review.
    12. Following the board’s approval to undertake an accommodation review, the Director of Education shall invite municipalities and other community partners to discuss and comment on the recommended option(s).
    13. Following the board’s approval to place a school or schools under further review, the Director of Education will also notify the Director(s) of Education of the coterminous school board(s) and the Ministry of Education through the office of the Assistant Deputy Minister of the Financial Policy and Business Division.

5. Establishment of a Local Accommodation Review Committee (ARC)

5.1 When the board, by motion, identifies a school or schools as being “Under Review”, the following actions shall occur:

Initiating the Accommodation Review Committee
5.1.1 The board shall forthwith inform parents, staff, the school council(s), and the community(ies) of the identification and possible changes in accommodation status.
 
5.1.2 The board will establish an ARC that represents the school(s) under review and acts as the official conduit for information shared between the board and the school communities.
 
5.1.3 The ARC has the following general terms of reference:
5.1.3.1 The ARC provides feedback and information; any decisions related to the final outcome of the accommodation review rest solely with the board.
5.1.3.2 At a minimum, the ARC will provide feedback on the initial staff report option(s) and may, throughout the pupil accommodation review process, seek clarification of the initial staff report.
5.1.3.3 The ARC may provide other accommodation options than those in the initial staff report; however, it must include supporting rationale for any such option.
5.1.3.4 The ARC members do not need to achieve consensus regarding the information provided to the board. The members of the ARC do not vote on the feedback related to the staff report or the alternate options presented for the board’s consideration.

5.1.4 The board’s staff resources assigned to the ARC are required to compile feedback from the ARC as well as the broader community in the Community Consultation section of the final staff report to be presented to the board.
 
5.1.5 The board will provide the ARC with Terms of Reference (Appendix B) that describe the ARC’s mandate.
5.1.5.1 The mandate will refer to the board’s education and accommodation objectives in undertaking the ARC and reflect the school board’s strategy for supporting student achievement and well-being.
5.1.5.2 The Terms of Reference will also clearly outline the board’s expectations of the roles and responsibilities of the ARC; and describe the procedures of the ARC.
5.1.5.3 The Terms of Reference outline the minimum number of working meetings of the ARC.

Composition of the Accommodation Review Committee
5.1.6 Members of the ARC shall, where possible, include:
          • The chair(s) of the school council(s) of the schools(s) under review, or another member of the school council chosen by the council;
          • A community member from the school(s) under review who is nominated by the school council (and who may also be a parent of a child in the school);
          • The board member(s) representing the area in which the school(s) under review are located for the purpose of monitoring the ARC progress (ad hoc
            members);
          • The Superintendent of Education for the school(s) under review;
          • The Superintendent of Corporate Services and/or the Superintendent of Financial Services; and/or
          • Central office staff members.

5.1.7 The school council(s) of the school(s) under review are to nominate an alternate member who will sit as a member of the ARC should one of the two members outlined in 5.1.6 not be able to attend.
 
5.1.8 Should the school council(s) be unable to nominate members for the local ARC as outlined in 5.1.6 and 5.1.7, the board shall appoint members to represent the school.
 
5.1.9 The membership of the ARC, including the alternate members, shall be confirmed through a motion of the board prior to the first public meeting.
 
5.1.10 The local ARC shall be chaired by the Director of Education or designate.

Rules of Operation for the Accommodation Review Committee
5.1.11 Meetings of the ARC shall be conducted under Robert’s Rules of Order, and minutes of meetings of the local ARC shall be made publicly available on the board’s website.
 
5.1.12 All meetings of an ARC shall be open to the public, and the dates of such meetings shall be published.

Role of the Director of Education or Designate
5.1.13 The Director of Education or designate shall provide the ARC with information regarding the board’s long-term enrolment and capital planning. This information shall include partnership opportunities (e.g. with other school boards, municipalities, community groups, etc.), or lack thereof, as identified as part of the board’s long term planning process as discussed with municipalities and other potential partners.

5.1.14 The Director of Education or designate shall provide the ARC with at least one alternative accommodation option that addresses the objectives and Reference Criteria outlined in the Terms of Reference. The option(s) will address items as outlined in 4.2(h) above.

5.1.15 The Director of Education or designate shall provide the ARC with a School Information Profile (Appendix C) for each school listed in an accommodation review. The School Information Profile (SIP) shall include data for each of the following two considerations about the school(s) under review:
        1. value to the student
        2. value to the board
5.1.15.1 The requirements for the information contained in a SIP are found in Appendix C.
5.1.15.2 The board may choose to introduce additional items that could be used to reflect local circumstances and priorities which may help to further understand the school(s) under review.
5.1.15.3 While the ARC may request clarification about information provided in the SIP, it is not the role of the ARC to approve the SIP.
5.1.16 The Director of Education or designate shall post on the board’s website, and make available in print upon request, all information provided to the members of the local ARC.

6.0 Consultation with Local Municipal Governments

6.1 As noted in section 4.2, following the board’s approval to undertake a pupil accommodation review, the board must invite affected single and upper-tier municipalities as well as other community partners that expressed an interest prior to the pupil accommodation review to discuss and comment on the recommended option(s) in the board’s initial staff report.

6.2 The invitation for this meeting will be provided through a written notice, and will be directed through the Clerk's Department (or equivalent) for the affected single and upper-tier municipalities.

6.3 The affected single and upper-tier municipalities, as well as other community partners that expressed an interest prior to the pupil accommodation review, must provide their response on the recommended option(s) in the board’s initial staff report before the final public meeting.

6.4 The board must provide them with advance notice of when the final public meeting is scheduled to take place.

6.5 The board must document their efforts to meet with the affected single and upper-tier municipalities, as well as other community partners that expressed an interest prior to the pupil accommodation review, and provide any relevant information from this meeting as part of the final staff report to the board.

7.0 Community Consultation and Public Meetings

7.1 Once the board has received an initial staff report and has approved the initiation of a pupil accommodation review, the board, in conjunction with the ARC, must arrange to hold a minimum of two public meetings for broader community consultation on the initial staff report.

7.2 Board staff and the members of the ARC will facilitate the public meetings to solicit broader community feedback on the recommended option(s) contained in the initial staff report.

7.3 The public meetings are to be announced and advertised publicly by the board through an appropriate range of media as determined by the board.

7.4 At a minimum, the first public meeting must include the following:
    1. an overview of the ARC orientation session;
    2. the initial staff report with recommended option(s); and
    3. a presentation of the SIPs
7.5 The board shall pass a motion prior to the first ARC meeting determining the dates of the first and the last public meeting.

8.0 Completing the Accommodation Review

Final Staff Report
8.1 At the conclusion of the pupil accommodation review process, board staff will submit a final staff report to the board which must be available to the public, and posted on the board’s website.

8.2 The final staff report must include a Community Consultation section that contains feedback from the ARC and any public consultations as well as any relevant
information obtained from municipalities and other community partners prior to and during the pupil accommodation review.

8.3 Board staff may choose to amend their proposed option(s) included in the initial staff report. The recommended option(s) must also include a proposed accommodation plan, prepared for the decision of the board, which contains a timeline for implementation.

Delegations to the Board Meeting
8.4 Once board staff submit the final staff report to the board, the board must allow an opportunity for members of the public to provide feedback on the final staff report through public delegations to the board.

8.5 Notice of the public delegation opportunities will be provided based on Board Policy 9 Board Governance By-Laws.

8.6 After the public delegations, board staff will compile feedback from the public delegations which will be presented to the board with the final staff report.

Decision of the Board
8.7 The board will be provided with the final staff report, including the compiled feedback from the public delegations, when making its final decision regarding the pupil accommodation review.

8.8 The board has the discretion to approve the recommendation(s) of the final staff report as presented, modify the recommendation(s) of the final staff report, or to approve a different outcome.

8.9 Unless there are exceptional circumstances as deemed by the board, final pupil accommodation review decisions will not be made during the summer holiday period (typically from July 1 to the day after Labour Day).

9.0 Timelines for the Accommodation Review Process

9.1 Following the date of the board approval to conduct a pupil accommodation review, the Director of Education or designate will provide written notice of the board’s decision within (five) 5 business days to each of the affected single and upper-tier municipalities through the Clerks Department (or equivalent), other community partners that expressed an interest prior to the pupil accommodation review, and include an invitation for a meeting to discuss and comment on the recommended option(s) in the board’s initial staff report.

9.2 The Director of Education or designate will provide written notice to the Director(s) of Education of the coterminous school boards and the Ministry of Education through the office of the Assistant Deputy Minister of the Financial Policy and Business Division.
 
9.3 The affected single and upper-tier municipalities, as well as other community partners that expressed an interest prior to the pupil accommodation review, must provide their response on the recommended option(s) in the board’s initial staff report before the final public meeting.

9.4 Beginning with the date of the board motion approving a pupil accommodation review, there must be no fewer than thirty (30) business days before the first public meeting is held.

9.5 There must be a minimum period of forty (40) business days between the first and final public meetings.

9.6 The final staff report must be publicly posted no fewer than ten (10) business days after the final public meeting.

9.7 From the posting of the final staff report, there must be no fewer than ten (10) business days before the public delegations.

9.8 There must be no fewer than ten (10) business days between public delegations and the final decision of the board.

10.0 Transition Planning

10.1 The transition of students shall be carried out in consultation with parents/guardians and staff of the affected schools.
10.2 Where possible, the board shall establish a separate committee to address the transition for students and staff one year in advance of the implementation of the new school configuration.

11.0 Modified Accommodation Review Process

11.1 The conditions for conducting a modified pupil accommodation review process need to be based on two or more of the following factors:
    1. distance to the nearest available accommodation is fewer than 15 km for elementary schools or 20 km for secondary schools
    2. utilization rate of the facility is less than or equal to 65%
    3. number of students enrolled at the school is fewer than or equal to 100 students for elementary schools or 300 students for secondary schools
    4. when the board is planning the relocation (in any school year or over a number of school years) of a program, in which the enrolment constitutes more than or equal to 50% of the school’s enrolment (this calculation is based on the enrolment at the time of the relocation, or the first phase of a relocation carried over a number of school years)
11.2 An additional factor which may be considered in determining whether or not to proceed with a Modified Accommodation Review Process is a school or schools being deemed unsafe for occupancy.

11.3 Even when the criteria for a modified pupil accommodation review are met, the board may choose to use the standard pupil accommodation review process.

12.0 Implementing the Modified Accommodation Review Process

12.1 The initial staff report will explain the rationale for exempting the school(s) from the standard pupil accommodation review process.
12.2 The initial staff report and SIPs must be made available to the public and posted on the board’s website.
12.3 The board shall determine the date of a public meeting which will be announced and advertised through an appropriate range of media as determined by the board.
12.4 Following the public meeting, board staff will submit a final staff report to the board which must be available to the public and posted on the board’s website.
12.5 The final staff report must include a Community Consultation section that contains feedback from any public consultations as well as any relevant information obtained from municipalities and other community partners prior to and during the modified pupil accommodation review.
12.6 Once board staff submits the final staff report to the board, the board must allow an opportunity for members of the public to provide feedback through public delegations to the board. Notice of the public delegation opportunities will be provided based on Board Policy 9 Board Governance By-Laws.
12.7 After the public delegations, board staff will compile feedback from the public delegations which will be presented to the board with the final staff report.
12.8 The board has the discretion to approve the recommendation(s) of the final staff report as presented, modify the recommendation(s) of the final staff report, or to approve a different outcome.
12.9 Unless there are exceptional circumstances as deemed by the board, final pupil accommodation review decisions will not be made during the summer holiday period (typically from July 1 to the day after Labour Day).
12.10 A transition plan will be put in place following the decision to consolidate and/or close a school.

Timelines for the Modified Accommodation Review Process
12.11 Following the date of the board’s approval to conduct a modified pupil accommodation review, the Director of Education or designate will provide written notice of the board’s decision within 5 business days to each of the affected single and upper-tier municipalities through the Clerks Department (or equivalent), other community partners that expressed an interest prior to the modified pupil accommodation review, and include an invitation for a meeting to discuss and comment on the recommended option(s) in the board’s initial staff report.

12.12 The Director of Education or designate will provide written notice to the Director(s) of Education of the coterminous school board(s) and the Ministry of Education through the office of the Assistant Deputy Minister of the Financial Policy and Business Division.

12.13 The affected single and upper-tier municipalities, as well as other community partners that expressed an interest prior to the modified pupil accommodation review, must provide their response on the recommended option(s) in the board’s initial staff report before the final public meeting.

12.14 The board must hold at least one public meeting. Beginning with the date of the board’s approval to conduct a modified pupil accommodation review, there must be no fewer than thirty (30) business days before this public meeting is held.

12.15 The final staff report must be publicly posted no fewer than ten (10) business days after the final public meeting.

12.16 From the posting of the final staff report, there must be no fewer than ten (10) business days before the public delegations.

12.17 There must be no fewer than ten (10) business days between public delegations and the final decision of the board.
 
Please refer to Board Policy 15 PDF attachment for Appendices.
 
Revised May 2015