Tolley has been suckered into a mistake by NZPF, BTAC, NZEI, this web site, and the courage of schools.
I recommend decisive action on this one. We can call Anne Tolley’s bluff.
Recommendations for how to do this follow.
On Tuesday, the ministry was all over my web site. I have learnt from experience that this often occurs around the time of the ministry making a move. I rang up a friend and said something’s on.
Late on Friday afternoon, I heard what – Aranga a small school near Dargaville had received a phone call informing the principal that on Monday a Limited Statutory Manager (LSM) was going to be appointed. I learnt on enquiry that the principal was Myles Ferris.
I rang the school and a calm, resonant voice said ‘Myles Ferris’.
The story that unfolded was quite remarkable and unprecedented in New Zealand education history.
A few hours earlier he had received a phone call from the Whangarei office saying that Aranga’s inclusion of a statement in its charter referring to ‘duress’ was a ‘disclaimer’ which meant the school’s charter was non-compliant.
The ministry person said that, as a result, the ministry had no alternative but to put the school under statutory management.
The ministry person, however, did not restrict this action to Aranga, saying, ‘All schools with such disclaimers would be put under statutory management.’
Nothing was sent in writing.
There was no communication with the board of trustees.
There was no communication with the chairperson.
The ministry is acting on highly dubious legal grounds.
The ministry would seem to know this – already it has said that, ‘The ministry has not recommended the appointment of any limited statutory managers.’
My response: ‘Aha!’
First, that is not a denial that plans to appoint statutory managers on the basis of the so-called ‘disclaimer’ inclusion were not en train.
Second, Tolley was clearly thinking that schools could be threatened into another backing off.
(I have read the conditions allowing the minister to appoint limited statutory managers to schools and it is clear that including the ‘duress statement’ in charters is not sufficient grounds. It is important to add that the appointment of an LSM is distinctly different from the appointment of a commissioner who replaces the entire board.)
Readers will recall that I recommended schools back off on charters and insert the two clauses the ministry wanted. I considered that schools had made their point beautifully and that in a social democracy the law should (under most circumstances) ultimately prevail.
On this one, though, I recommend standing firm.
I recommend that Myles Ferris make a statutory declaration about the details of the conversation with the ministry. (The ministry is likely to come out lying about this one – denying that there was ever any intention to call in a statutory manager, that it was all a misunderstanding)
I recommend that the NZPF take out an injunction against ministry in respect to Aranga. (I also recommend that schools follow the leadership of the NZPF as against any advice from elsewhere including my own.)
I recommend that schools send letters to the ministry reminding the ministry that they (the schools) had also included the ‘duress statement’ in their charters.
I recommend that schools that had not included the ‘duress statement’ in their charters or covering letters do so now in the form of an additional statement in a letter.
This is the opportunity we’ve been waiting for – go for it.
And northern schools I strongly urge you, in particular, to support Aranga. It would have been no accident that a northern school was chosen for the first hit.
The now legendary Kawakawa meeting was the beginning of the ministry taking the opposition to national standards seriously – the look on Mary Chamberlain’s face in the course of the meeting, her vapid response, and the huddle of ministry people around their car following the meeting was an indication of ministry panic to come.
At that meeting you gave your unanimous support – this is a terrific opportunity to act on that support. (Another likely reason a northern school was chosen for the first hit would have been to curb the influential northern leadership of Kelvin Davis, Pat Newman, Keri Milne-Ihimaera, and Peter Witana, which, by the way, is why I think a deep south school will be next.)
As I will detail, the ‘duress statement’ is not a ‘disclaimer’ – which is a refusal to do something – it is a moral declaration with origins in our commitment to professional and ethical standards.
A moral declaration is not in itself a refusal to do something, especially, as in this case, it is contained in a document intended to comply with the law. A moral declaration comes from the domain of freedom of speech not the rule of law.
Boards of trustees can be made to do something (insofar as the law is concerned) but they cannot be made not to do something if it is not illegal and not harmful to children.
A board has the right to express its special character in its charter which means, as part of that, it has the right to say it finds the imposition of national standards repugnant, the carrying out of national standards in its school repugnant, and the best interests of the children not served by national standards.
Teacher organisations, BTAC, and this web site, might have linked future action with the moral declaration, but that is not implicit. The ministry might have read this into the moral declaration but schools cannot be held accountable for that.
I urge action.
Being the weekend, I urge principals reading this posting to alert other principals, to alert their boards, and to start planning a course of action.
There is no doubt that NZPF, NZEI, and BTAC will have plans. I await these with keen anticipation.
Concerted action is need on this one – we must not leave Aranga blowin’ in the wind.
Enough is enough.