Openness and Transparency in Local Governments and Smaller Organizations

June 5, 2014

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

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

CLOSING

Privacy and Access in Saskatchewan Schools website can be found at:

www.saskschoolsprivacy.com