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Judge hears PTAs’ concerns over moving of principals

Government demonstrated “a lack of concern” for the rights of parents when it moved two popular school principals away from their posts, the Chief Justice heard yesterday.The argument was made by the Parent Teacher Associations of TN Tatem Middle School and Victor Scott Primary School, who want Supreme Court to block the transfers of Francine McMahon and Valerie Williams.The moves were announced on March 14 without any prior consultation with parents, according to the PTAs, who say the schools will lose out if the plan goes ahead.They launched legal action against Commissioner of Education Wendy McDonell and Minister of Education Jennifer Smith in May after writing to the Ministry of Education and marching on Parliament to protest without success.The public gallery of the courtroom was packed with PTA members and supporters during yesterday’s hearing in front of Chief Justice Ian Kawaley.Government argued that the transfers are necessary as a strategic move to improve the education system as a whole, and to enhance principals' professional growth. However, the PTAs argued through their lawyer, Eugene Johnston, that the transfers are unreasonable."To focus on the equalisation of the education system, notwithstanding the consequences which would likely be thrust upon an individual school, is the height of irresponsible decision making,” said Mr Johnston.He told Mr Justice Kawaley the PTAs had a "legitimate expectation" that they would be consulted before the decisions were made. He cited past press statements issued by the Ministry about the importance of involving parents as partners in the educational process as evidence of this."The applicants’ major problem with the transfer decisions is that they demonstrate the lack of concern the Ministry of Education, and the Commissioner of Education, appear to have for the wishes of (the) TN Tatem PTA and Victor Scott PTA membership," said Mr Johnston."The associations share the view that there is a culture of paternalism in the public education system in particular, which must be stamped out for the betterment of the children whose future depends on it."He argued that the transfers are illegal due to the lack of consultation and should be quashed.The reshuffle meant Ms McMahon of TN Tatem would be sent to Purvis Primary School at the beginning of the new school year on September 1, to be replaced by Idonia Beckles of East End Primary. Meanwhile, Ms Williams of Victor Scott would be sent to East End Primary and replaced by Judith Alexander of Purvis Primary.According to Mr Johnston, no information has been provided to “ease the sense of discomfort” caused by the transfers.“No policy documents have been provided showing what criterion was used to guide the Commissioner of Education. No academic data was provided to the court. This decision reeks of arbitrariness,” he said.He said the PTAs hope the judicial review will "facilitate a co-operative new role for PTAs giving such bodies a heightened importance and significance in the education system."Government is defending the decision to move the principals and was represented yesterday by Martin Johnson of the Attorney General's Chambers. Mr Johnson, who used to be a teacher himself, praised the PTAs despite arguing that they do not have a valid case."I would have relished them in my school because I think they are doing a good job," he commented.However, he questioned whether the PTAs as third parties have the appropriate status to be able to launch such legal proceedings. He argued that the principals should have launched the action, not the parents, but they have not filed any grievance.“They could be happy to move. We don't know," he said, pointing out that they did not give evidence in the case.However, Mr Justice Kawaley pointed out that the Hopkins report into Bermuda's education system, published in 2007, highlighted a culture of fear among teachers about challenging the Ministry of Education.The judge also noted that the case is about whether the PTAs had a legitimate expectation to be consulted, "so what the principals think about it is neither here nor there".According to Mr Johnson, however, Government had no legal or public interest duty to consult the PTAs over the transfers, although there may be a moral duty.Mr Justice Kawaley said he will make his ruling at a later date, noting that “the matter is one of urgency”.