The transfers of some 30 teachers and six principals are hanging in the balance less than two weeks before the start of the new school term as arguments rumble in the courts over whether parents were properly consulted about the moves.

The Bermuda Parent Teacher Student Association is taking action in the Civil Court to block plans by the Ministry of Education to shift teachers and principals, implement school closures and consolidations, and enact new parent council rules.

Representing the ministry, Delroy Duncan, of law firm Trott and Duncan, argued that a block, or stay in legal terms, would cause “chaos” and “disruption” to the children at the schools affected. The issue of the transfers took precedence in the case because of the imminent start of the school term — on September 8.

Representing the BPTSA yesterday, Eugene Johnston argued: “The lesser evil is to stop the transfers as the method is questionable.”

“There was no adequate consultation,” he added.

“A balancing exercise has to be done. On the one side is a clear, firm and consistent public interest in moving the education system away from its normal moorings or, in the words of the Chief Justice in 2012, ‘to bring about a paradigm shift in the leadership of management culture in the education system’.”

Parents were given more say in the reform of public schools by the Education Amendment Act 2015 after a landmark ruling in 2012 that overturned the ministry’s attempt to transfer two principals against the wishes of students and parents.

Mr Johnston continued: “On the other side is a murky, alarmist and unsubstantiated set of claims that this will cause chaos in the system.”

He argued that the teachers had not yet transferred to new schools.

“If it happened after the term had started they might have a case,” he said, a claim that was contested by Mr Duncan.

Mr Duncan said the transfers were already under way and that some principals had started work on the coming academic year.

“They have been preparing education plans, student plans, and moved lock, stock and barrel to the new schools,” he said, adding that “the plans” were not transferable between schools so would not “be done in time for the school year and that is an injustice”.

To outline the disruption the move would cause he said: “Lesson plans have been prepared, classrooms have been set up, teachers and principals have physically relocated and moved supplies in preparation for the next academic year.

“They have met with personnel at the new schools to prepare for the academic needs for the next academic year. Principals have met with PTA presidents. The work that has been done would have to be redone. Some of the transfers were to fill vacant posts and if it is reversed there will be no one to fill the posts.

“The transfers took place on the basis of the analysis of specific students’ needs at particular schools — some of which were not just academic but psychological and emotional.

“The time that went into consideration of the transfers can’t be redone before the start of the next academic year.” Mr Duncan said he would prepare overnight an evidence-based affidavit in relation to these concerns.

Mr Johnston argued that they could stay in place like they had done for the past three years, during which time the ministry had put a block on transfers.

“It is exactly the same position they were in 2012 and 2013. There was no chaos in stopping teacher transfers then,” he said.

He also noted that every principal had a deputy who could act in their place.

Mr Johnston argued that certain teachers and principals had a vested interest in wanting the transfers to go ahead, pointing out that due to the ministry’s three-year block, they were now desperate to move into new positions. “If we can keep the individual aspirations of teachers on hold for one year then so be it,” he said. “Even if it results in chaos, justice must be done.”

The question was raised over Harry Matthie’s right as chairman of the BPTSA, an unincorporated organisation, to be taking such a strong stance on the matter.

Puisne Judge Stephen Hellman asked: “Who is Mr Matthie to come in if teachers are happy with the transfers?”

Mr Johnston replied: “That is a red herring. It doesn’t matter if you like the transfers or not.”

He added that any “spirited individual” had the right to contest it. The question was raised as to whether Mr Matthie would incur the costs of the case if he was to lose or whether members of the BPTSA — many of whom do not support the action being taken by its chairman — would also bear the brunt.

Mr Duncan said; “An order can be made against members of the body for costs. They need to know their position before proceedings should continue.”

The heading of the action would have to be changed or an application made for the security of costs.

In the case of reorganisation, including closures and consolidation was “not so worrisome”, according to Mr Justice Hellman, as the timing was not so urgent as the transfers, which were just days away.

The same was said for the formation of PTA councils and the formation of new PTA rules, although Mr Duncan said it would stop the changes the ministry was looking to put in place.

The case continues.

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