Log In

Reset Password
Get your paper Delivered $1.55 per paper Now Subscribe Now
68 °F
Light rain
2025-03-11T09:55:00-03:00

Court blocks transfer of school principals

TN Tatem and Victor Scott PTA ruling (Photo by Mark Tatem)

The Ministry of Education’s decision to transfer two popular public school principals has been quashed by the Supreme Court.TN Tatem Middle School principal Francine MacMahon and Victor Scott Primary principal Valerie Williams will remain in place for at least the next year.Chief Justice Ian Kawaley ruled on Wednesday that the Ministry of Education should have consulted with parents before deciding on the transfer.Both principals were present for Mr Justice Kawaley’s ruling. Victor Scott PTA president Azuhaa Coleman was there along with about 15 supporters; TN Tatem PTA head Quinton Ming was unable to attend.A beaming Ms Williams declared herself “ecstatic” with the decision, as parents applauded and embraced outside the courtroom.Education Minister Jennifer Smith announced the transfers in March, explaining they were part of a wider restructuring of the public school system.The move prompted an emotional meeting of the PTA at Victor Scott and a march by stakeholders across Hamilton to Sessions House.Ms Coleman, who had vowed to withdraw her own child from Victor Scott if the Ministry went through with the transfer, told The Royal Gazette that she was “very happy” with the Supreme Court’s ruling.Eugene Johnston, lawyer for the PTAs, added: “There are still some significant things to be done in the relationship between the PTAs and the Ministry for the betterment of the educational system.”In his judgement, Mr Justice Kawaley wrote: “What appeared to me to be the main ground of complaint ... was that the applicants enjoyed as a matter of public law a legitimate expectation that they would be consulted by the COE [Commissioner of Education] before she decided to transfer the principals in question.”He also concluded: “The promise to engage parents and the community in the running of public schools is based on a commitment to make a paradigm shift in the management culture of Bermuda’s public education system and to make it more democratic and participatory and less authoritarian and paternalistic.”He referred also to “an express and unambiguous ministerial promise made on September 16, 2011 that the statutory role envisaged for school governing boards in the running of maintained schools would be played by PTAs instead”.Mr Justice Kawaley added: “Consultation means simply that. It does not mean that the relevant decision could not have been made over the PTAs’ objections, or that the PTAs had to become formally involved in any contractual collective bargaining procedures.”He also noted that Dame Jennifer and Education Commissioner Wendy McDonell, represented by Martin Johnson of the Attorney General’s Chambers, had objected to the “considerable administrative inconvenience” represented by the quashing, in the broader context of transfers.Based on agreements made in court during the review, the Chief Justice said he was satisfied that quashing the two transfers would not throw the education system into confusion. The transfers would have gone ahead on September 1.The judgement also noted that the exact form of the “heightened involvement” for PTAs was something that “will have to be worked out in the future”.In a joint statement the PTAs called it “one of those rare and exceptional occasions when everyone involved and affected scores a victory”.They added: “The Ministry of Education has demonstrated its unwavering commitment to bring about much needed changes to education at a crucial time.“Its determination in this regard has now provided opportunity for everyone to work together to ensure that those changes are for improved outcomes.”