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School transfers to go ahead, court rules

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Pleased with result: Education Minister Wayne Scott and the permanent secretary of the Education Ministry, Valerie Robinson-James

“Children must come first,” was the message from Minister of Education Wayne Scott yesterday as he welcomed a court decision allowing teachers and principals to go ahead with their transfers.

Mr Scott spoke to The Royal Gazette outside the Civil Court yesterday after an interim ruling let the transfers go ahead, as well as the enactment of new Parent Teacher Association rules. The Bermuda Parent Teacher Student Association had filed an injunction against the moves by the Ministry of Education on the basis that parents were not properly consulted.

However, individual PTAs have said they were adequately consulted and that their views did not reflect those of the BPTSA.

Puisne Judge Stephen Hellman said: “The stays [blocks] involved the transfer of 30 teachers and six principals. To halt them now would cause disruption in the schools.”

Mr Scott told The Royal Gazette: “We are pleased that the stays were not granted.

“We have been working in the best interests of our children, the system and will continue to do that. We are looking forward to a successful start of the school year on September 8.”

Asked whether he felt that the ministry had carried out proper consultation with parents, as they are obliged to do, he added: “We have always said that the changes we have to make in our education system are things that affect the whole community and we want the input of the community. We have demonstrated that.

“From day one I have had multiple public meetings, I have been engaging with PTAs, I show up at schools and talk to parents, students, faculties and we are all in this together. There are always concerns with education, especially with the number of ministers we have had over the past couple of decades, and the focus of all of our discussions has to be anchored on children first.

“Talking to and getting feedback from people is one thing. Making decisions and moving forward is another, and we have to recognise they are two distinct pieces.”

The transfers are still subject to a challenge and there will be a substantive hearing in due course as evidence is gathered. The BPTSA’s injunction also aims to block potential school closures and consolidations. Freddie Evans, the acting commissioner of education, said: “At this moment my principals and my teachers can go in the schools and I know that they won’t be disrupted. Now they can prepare to deliver quality education to the children of Bermuda.

“This is going to be a marathon and not a sprint. We have a lot of work to do but our focus now can be that we can deliver quality education and we are excited about that.

“We are ready to start school uninterrupted.”

One member of a school PTA told The Royal Gazette: “We are happy with the decision today. Could there be more consultation? Sure. But the only thing we want is consultation on principals and involuntary teacher transfers.

“If a teacher wants to move, who am I to tell them they can’t move? That doesn’t make any sense. It shouldn’t be the Ministry of Education coming to us and saying, ‘I’m going to consult with you even though you don’t have any issues’.

“There can be improvement though. If we are asking for consultation then having a framework for that consultation would be a good idea. That is important.”

The member questioned who would bear the financial burden if the BPTSA was required to pay court costs.

On that matter, lawyer Eugene Johnston, representing Mr Matthie, told the court: “My instruction is to say there shall be no concern about the cost aspect. There are various members of the BPTSA who are willing to back this action with their finances to whatever degree is necessary.”

He said he would take a “full and wholesome” approach to the issue, adding, “there is no real concern”.

The substantive hearing on the case will take place in the coming weeks.

Court action: The Ministry of Education’s lawyer, Delroy Duncan, left, of Trott and Duncan, with the acting education commissioner, Dr Freddie Evans (Photograph by Sarah Lagan)