openness and transparency in local governments and smaller organizations june 5, 2014
TRANSCRIPT
Saskatchewan Boards of Education
• 28 boards of education– 170,000 students– 12,000 teachers– 8000 non-teacher employees
Saskatchewan Boards of Education
• Boards of education range from 90 students to over 22,000 students– 12 division have 1000-5000 students– 10 divisions from 5000-10,000 students– 3 have under 500 students– 3 have 15,000 to 22,000
The Education Act, 1995
Section 110 - the board must:• make minutes available for inspection, during
regular office hours after the minutes have been adopted
• furnish copies of the minutes at any rate that the board may fix
The Education Act, 1995
Section 110 - the board must:• send to the minister, a statement of the
estimated revenues and expenditures of the board
• make any other reports and statements required to be made pursuant to the Act.
The Education Act, 1995
Section 110 - the board must, on request:• forward certified copies of the previous year’s auditor’s report and financial statement to a municipality where property is taxed or grants are paid in lieu to the school division.
The Education Act, 1995
Section 87.2 and following sections - a board must• notify the public of it’s intention to review the
closure or discontinuance of grades in a rural school
• provide certain information to committees• notify the public of motions made
The Education Act, 1995
Section 97 - before the annual meeting of electors the board must provide to the school community council:• the report of the board of education with respect to
educational developments in the preceding year• the report of the auditor and financial statement for
the preceding year; and• the report of the director concerning progress of
education in the schools of the division.
The Education Act, 1995
Section 175 - the duties of the principal of a school include: “exercise leadership in co-operation with the director and the board of education …in the promotion of public involvement in educational planning directed towards the improvement of education in the school and in the school division …”
The Education Act, 1995
Section 283 - a board must annually submit to the minister: • a report on the activities of the board • financial statements
The Education Act, 1995
Section 369“(1) A board of education shall preserve all public documents of a schooldivision or school community council until their disposal is:
(a) authorized by a resolution of the board of education; and(b) approved by the minister.”
The Education Act, 1995
Section 80• every meeting of the board shall be open to the public• board may go into closed session by motion • can conduct vote only in meeting open to public
What records are available to the public?
• All records of the school division must be made available to the public unless they are exempted from disclosure by the provisions of LAFOIP
Exceptions to the right to access records
• Specific exemptions in Part III of LAFOIP
• Personal Information
Examples of Issues
Disclosure of salary on internet• LAFOIP provides that employee salary , benefits
classification and duties are not personal information
• Ministry requires publishing of annual report on website
• Concerns raised by Privacy Commissioner about publication of salary information on internet
Examples of Issues
Disclosure of salary on internet• publish all information in hard form• Do not include salary on website – have
contact for individuals to obtain information
Examples of Issues
Termination of employment• Board motion is required to terminate
contract of employment:– by Education Act for all teachers– By some board policies for some employees
• LAFOIP Regs allow disclosure regarding “terms or circumstances’ under which employee ceased to be employee
Examples of Issues
Termination of employment• Board motion refers to report and
recommendations which contain personal information
• Requests for reports can be addressed if LAFOIP request is made
Examples of Issues
Tendering• Education Act requires public tenders for
specified goods and services• LAFOIP allows board to refuse assess to
information which:– discloses financial interests of board– affects competitive position of third parties
Examples of Issues
Tendering• Final contract with successful bidder is
released after signing• Bidder information and board methodology
for assessment of bids is not shared but is retained for duration of legal limitation period
Examples of Issues
Student Assessments• Education Act requires sharing of information
with Ministry• Public interest in effectiveness of education• Requirement to protect privacy of individual
students and teachers
Examples of Issues
Student Assessments• only aggregated information is shared with
public• aggregation considers size of class, school and
community
Examples of Issues
Access to Student Information by Parent or Guardian• Section 49(d) of LAFOIP provides that where
an individual is under 18 the parent or guardian may exercise the right to access information where the school believes it is not an unreasonable invasion of the privacy of the student
Examples of Issues
Access to Student Information by Parent or Guardian• Final filter before release of any student
information is whether or not the release would be an unreasonable invasion of the student’ privacy
• Safety trumps privacy
Practical considerations
Need for:• Clear board policy and procedures• Appointment of someone with responsibility
for privacy and access issues
Practical considerations
Need for:• Clear board policy and procedures• Appointment of someone with responsibility
for privacy and access issues• Education of staff and board members
Practical considerations
Need for:• Clear board policy and procedures• Appointment of someone with responsibility
for privacy and access issues• Education of staff and board members• Education of students
Practical considerations
Need for:• Clear board policy and procedures• Appointment of someone with responsibility
for privacy and access issues• Education of staff and board members• Education of students• Education of parents