Pupil Accommodation Review Procedure

The Durham District School Board is committed to providing a full range of educational opportunities and to enhancing the learning environment in its schools.

The Board recognizes that various accommodation factors, including changing demographic patterns, student enrolment, changes in curriculum and facility conditions, affect its ability to deliver educational services efficiently and effectively. The Planning Section within the Facilities Services Department is continuously engaged in the short and long-term study of these accommodation factors. One or a combination of these factors may trigger the need to develop alternative solutions to student accommodation including the closure of a school or schools and/or the consolidation of two or more schools. Any of these scenarios may also result in the movement of program(s) and boundaries for the schools under review. 

This Procedure implements the requirements of the Pupil Accommodation Review Guideline (the Guideline) issued by the Ministry of Education in March 2015. This Guideline and the Ministry of Education’s Administrative Review of Accommodation Review Process are posted on the Board’s website and are available at the Board’s office.

The Board supports the inherent flexibility of the requirements contained in the Guideline which recognizes that student achievement and well-being are a priority and as such, ongoing assessment of the Board’s use of existing school buildings within the context of available funding is necessary to ensure continued effective use of available space and delivery of education programs. 

The Board supports and encourages ongoing dialogue about the Board’s long-term capital planning direction and identified need to manage accommodation growth pressures as well as declining enrolment issues with its local municipalities, the Region of Durham and the Board’s community partner organizations. 

Within the context of the Pupil Accommodation Review process, discussions with municipal and communitypartners regarding long-term partnerships to more effectively utilize surplus school space have occurred. The goal is to identify long-term partnership opportunities that would reduce or eliminate the need to consider individual school closures as an option for reducing costs and enhancing program delivery.

As required in the Guideline, the Pupil Accommodation Review Procedure includes the process by which the Board will undertake any Accommodation Review within its jurisdiction as well as a School Information Profile (SIP) template to be used in any Accommodation Review. The SIP, which focusses on the value of the school(s) under review to the Student and to the Board will help inform the community and the Accommodation Review Committee of information about the school(s) under review. As well, the required Terms of Reference outlining the mandate of an Accommodation Review Committee (ARC) and the conduct of said Committee is also set out in this Pupil Accommodation Review Procedure.

The final decision regarding the future of the schools identified under a Pupil Accommodation Review rests solely with the Durham District School Board’s Trustees. Such decisions will be considered at a Board of Trustees’ meeting to be identified by Board Staff responsible for managing any approved Pupil Accommodation Review. 

1.1 Scope

This procedure applies to schools offering elementary or secondary regular day-school programs. 
The following outlines circumstances where the Board is not obligated to undertake an accommodation review in accordance with the Ministry of Education’s Pupil Accommodation Review Guideline. 

• Where a replacement school is to be built by the Board on the existing site, or built or acquired within the existing school attendance boundary as identified through the Board’s existing policies; 
• Where a replacement school is to be built by the Board on the existing site, or built or acquired within the existing school attendance boundary and the school community must be temporarily relocated to ensure the safety of students and staff during the reconstruction, as identified through the Board’s policy;
• When a lease for the school is terminated;
• When a Board is planning the relocation (in any school year or over a number of school years) of grades or programs, in which the enrolment constitutes less than 50% of the school’s enrolment (this calculation is based on the enrolment at the time of the relocation, or the first phase of a relocation carried over a number of school years);
• When a Board is repairing or renovating a school, and the school community must be temporarily relocated to ensure the safety of students during the renovations;
• Where a facility has been serving as a holding school for a school community whose permanent school is over-capacity and/or is under construction or repair; or
• Where there are no students enrolled at the school at any time throughout the school year.

As indicated in the Ministry of Education’s Pupil Accommodation Review Guideline, should the Board be required to address the situations listed above, the Board will inform school communities about the proposed accommodation plans for the students prior to a decision being made by the Board of Trustees.

The Board is required to provide written notice of any of the above-noted exemptions from a Pupil Accommodation Review to the affected local municipality as well as the Region of Durham via the Clerk’s Department as well as to other community partner organizations that previously expressed interest in the Board’s school accommodation decisions. 

Notice is also to be provided to the Directors of Education of the three co-terminus school boards and the Assistant Deputy Minister of the Financial Policy and Business Division of the Ministry of Education. 
Notices are to be provided within 5 business days after the decision to proceed with an exemption has been approved by the Board of Trustees.

2.1 As a requirement of the Board’s Regulation regarding Partnerships, Facility Partnerships, Sponsorships and Donations, the Board Staff are to meet with the local municipalities where Pupil Accommodation Reviews may be contemplated as well as community organizations that participate in the Board’s Community Planning and Partnership initiatives to determine whether or not there are potential, immediate (within one year) partnership opportunities to effectively utilize surplus space and where such partnerships would be of benefit to the students.

Such a meeting may be scheduled outside of the required annual Community Planning and Partnership meeting. 

The Board will present the portion of its long-term capital plan for the area in which staff have identified surplus space and request that as part of the meeting, the organizations invited prepare to bring relevant planning information. This information includes, but is not limited to 10-year population projections by age cohort, 10 year development projections by unit type, community needs, land use and green space/park requirements. The Board is to listen to what needs or plans community partners may have.

The invitation list, the attendance sign-in sheet and any information exchanged is to be formally documented by the Board. This information is to be provided as part of the Initial Staff Report to the Trustees for consideration in the implementation of a Pupil Accommodation Review.

Prior to the establishment of an Accommodation Review, if Community Groups or Municipalities indicate a desire to be kept apprised of any Pupil Accommodation Reviews within their communities, their representatives will be invited to meet with the Board Staff to discuss and provide comments on the recommended option in the Board’s Initial Staff Report after the Report has been submitted to the Board of Trustees and the Board of Trustees has initiated a Pupil Accommodation Review (see Sections 6.1.1 and 6.1.2 of this Pupil Accommodation Review Procedure document).

These groups are required to provide input on the recommended option no later than the day before the final Public Meeting (See Section 6.1.1 and 6.1.2).

2.2 An annual review of the Board’s elementary and secondary schools is to be undertaken by the Area 
Superintendents of Education with the assistance of Facilities Services as part of the review of the Board’s Long-term Capital Planning directions to identify:

2.2.1 Schools where current and/or 5-year or 10-year projected enrolment levels would compromise program offering and extra-curricular or co-curricular offerings;

2.2.2 Schools with enrolment levels leading to sustained underutilization of the buildings;

2.2.3 Schools where required repair, renewal or upgrading costs are greater than or approaching the 
replacement cost of the building;

2.2.4 In conjunction with the Board’s Community Planning and Partnership annual meeting (Regulation: Partnerships, Facility Partnerships, Sponsorships and Donations), written indication provided by the affected municipality or other community organizations in the school community (as defined by a planning area in the Board’s Long-term Capital Plan) that there are opportunities for community planning and partnerships that may result in more effective and sustainable use of surplus space in the short-term (one year). Such solutions would result in enhanced program supports for students and cost savings to the Board.

2.3 Staff shall prepare the Initial Staff Report complete with accommodation options, for the Board of Trustees, that analyzes student enrolments in schools and other relevant factors including those listed above, in order to determine whether there is a need to consider possible closure and/or consolidations of a school or group of schools. 
Any of the points above or a combination may result in a recommendation for an Accommodation Review to determine whether school closure or consolidation would result in improved educational opportunities for 
elementary or secondary students of the Board.

The Initial Staff Report must contain justification and a recommendation to undertake either a full 
Accommodation Review in which an Accommodation Review Committee (ARC) is to be established or a 
justification and a recommendation to undertake a Modified Accommodation Review process which must meet at least two criteria set out in Section 8 of this Procedure.

The Initial Staff Report must also contain the completed School Information Profile (Appendix B) for each school being recommended as part of this review.

The contents of the School Information Profile may be revised by School Board Staff within 5 business days of an Accommodation Review being approved by the Board of Trustees.

2.3.1 The Options in the Initial Staff Report will, at a minimum, address the following:Accommodation issue(s) for the school(s) under review;

• Where students would be accommodated;
• If proposed changes to existing facility or facilities are required as a result of the Pupil Accommodation Review;
• Identification of any program changes as a result of the proposed option;
  
  • Impact on student transportation if the proposed option occurred;
• Availability of funding to support the Accommodation Review solution;
• The impact or revision to the proposed option if funding is not available.
• Relevant information obtained from the affected municipality and other community partners prior to the commencement of the Pupil Accommodation Review, including any confirmed interest in using the 
  underutilized space;
• Timeline for implementation of the recommended option;
  • In the case of the Board’s Recommended Option, the timeline is to include the timing for a 
    transition plan.

2.4 Wherever possible, the accommodation review process being proposed should focus on a group of schools within a planning area or areas, rather than a single school, in an effort to develop feasible and practical solutions for the accommodation of students within the planning area.

2.4.1 Planning areas are previously defined sub-areas of the Board’s jurisdiction in which the location of the schools are close enough to each other to impact the accommodation needs of students and to impact the ability of the Board to support program needs.

2.5 Prior to making a decision to close a school, the Board will undertake a thorough review of all relevant 
information and options. Such reviews will include a determination of the value of the school to the students and to the Board. The Board will, through the establishment of an Accommodation Review Committee, if applicable, consult with all interested stakeholders in the review process and will provide opportunities for public input with ample notice of Public Meetings being provided.

2.6 Wherever possible, a school should only be subject to an Accommodation Review once in a five-year period, unless there are extenuating circumstances as determined by the Board.

3.1 Following consideration of the Initial Staff Report, the Board may initiate an Accommodation Review process which is a dual-phased community consultation process. 

3.1.1 Phase one consists of the establishment, by the Board, of an Accommodation Review Committee (ARC) with representation from the school(s) under review.

The ARC is the official conduit for information shared between the school board and its school 
communities. The ARC will be charged with reviewing the option(s) contained in the Initial Staff Report and providing comments or seek clarification regarding the option(s) contained in the Report.

The ARC may provide and assess other accommodation options not considered in the Initial Staff Report; however, the ARC must include supporting rationale for any such options by addressing each of the points set out in Section 2.3.1 above.

3.1.2 The Superintendent of Education for the school or group/family of schools under review, or a designated Superintendent of Education will be appointed by the Board to Chair the ARC.

3.1.3 The Supervisory Officer responsible for Facilities Services for the Board, or a designate, will be appointed by the Board as Secretary of the ARC.

3.1.4 Trustee(s) for the affected administrative area of the Board may be members of the ARC. Trustees will signify their intention with regard to membership at the time of the establishment of the ARC. Trustees, as part of the ARC, are non-voting members.

3.1.5 The membership of the ARC shall include, but not be limited to, the members of the school community and the community at large as set out in the Terms of Reference (Appendix A).

3.1.6 Phase two consists of the Board of Trustees receiving the Final Staff Report and Recommended Option as support in arriving at final decisions. 

Community members will have access to the report once it is posted on the Board’s website and will have the ability to consult with Trustees up to the Board Meeting where a final decision is made by the Trustees.

4.1 When an ARC is appointed, the Board is to provide the ARC with a Terms of Reference (TOR) document that describes the ARC’s mandate supporting the Board’s education program and school accommodation objectives resulting in a sustainable strategy to support student achievement and well-being. The TOR template is found in Appendix A of this document.

4.2 The Board may review and revise the TOR template prior to a decision leading to the establishment of an ARC.

4.3 The ARC is required to comply with the Terms of Reference set out in Appendix A of this Procedure and consider the Mandate of the ARC as it relates to only those schools identified as part of the Pupil Accommodation Review. 

4.4 The TOR will outline the Board’s expectations regarding the roles and responsibilities of the ARC. At a minimum, the ARC is to provide feedback on the accommodation option(s) and the Board Staff recommended option contained in the Initial Staff Report regarding the Pupil Accommodation Review.

4.5 The TOR will identify the ARC membership and the role of voting and non-voting Members, including Board and school administration. The TOR will describe procedures for the ARC, including the minimum number of working meetings; material, support and analysis to be provided by Board administration.

5.1 The Board is required to complete a School Information Profile (SIP) that it has developed to help the ARC and the community understand the context surrounding the decision to include the specific school(s) in a Pupil Accommodation Review. The SIP is intended to provide an understanding of the facilities under review.

The Board may review and revise the SIP template prior to beginning an Accommodation Review. The SIP 
template is attached as Appendix B.

The same SIP template must be completed for each school under review from the perspective of the same point-in-time for comparison purposes.

SIPs are to be complete and accurate, to the best of the Board’s ability, prior to the commencement of a Pupil Accommodation Review. Information in the SIPs may be revised by Board staff no later than 5 business days from the Board of Trustees’ approval to initiate an Accommodation Review.

5.2 The SIP is for information purposes only. The ARC may request clarification of information provided in the SIP; however, the ARC is not approving the SIP.

5.3 The SIP is to include data for each of the following two considerations about the school(s) under review:

5.3.1 Value to the Student

5.3.2 Value to the School Board

6.1 The Board is to provide written notice of the Board of Trustees’ decision to conduct a Pupil Accommodation Review within 5 business days from the date the decision was approved by the Board of Trustees.

6.1.1 Written notice is to be provided to the affected municipality and to the Region of Durham through the Clerks’ Department or equivalent, as well as other community partners who expressed interest prior to the Pupil Accommodation Review.

6.1.2 The written notice to the parties identified in 6.1.1 above is to include an invitation for a meeting to discuss and comment on the recommended option(s) in the Initial Staff Report. The written notice and invitation must indicate that a response on the recommended option in the Board’s Initial Staff Report is required no later than the date before the Final Public Meeting. 
If no response is received by the day before the Final Public Meeting, the Board will consider this to be a nil response and would have met its obligation to solicit input from the identified parties.

6.1.3 Written notice is to be provided to the parents/guardians and students of the schools identified as part of the Pupil Accommodation Review. In the case of a Pupil Accommodation Review of Secondary Schools, written notice is also to be provided to the parents/guardians and students of the elementary feeder schools that may be impacted.

6.1.4 Written notice is also to be provided to the Directors of Education of the co-terminous school boards and the Ministry of Education through the office of the Assistant Deputy Minister of the Financial Policy and Business Division for information only.

6.1.5 Notice of the establishment of a Pupil Accommodation Review is to be posted on the Board’s website and available in hard copy at the Board office.

6.2 All information or requests provided to the ARC or developed by the ARC will be posted on the Board’s website and made available in hard copy at the Board office.

6.2.1 Information of a technical nature is to be provided in plain language.

6.3 The ARC is required to hold a minimum of two Public Meetings to consult with the community on the 
accommodation needs for the students in the school or schools under review.

6.3.1 Board Staff may determine and recommend in the Board’s Initial Staff Report that the Accommodation Review for the area identified in the Initial Staff Report be extended to a maximum of three Public Meetings. In this case, the timelines for Working Meetings and Public Meetings will be scheduled accordingly as part of the recommended direction contained in the Initial Staff Report.

6.4 Public Meetings must be well publicized, in advance, through a range of methods and held at the school(s) under review, if possible, or in a nearby facility if physical accessibility cannot be provided at the school(s). Public Meetings are to be structured to encourage an open and informed exchange of views.

6.5 The first of the minimum of two Public Meetings may take place, at a minimum, 30 business days from the date the Board makes the decision to establish an Accommodation Review. To provide for sufficient time for the ARC to meet, review the SIP(s) and provide feedback on the Option(s) and Recommended Option(s) contained in the Initial Staff Report, the first of the minimum of two Public Meetings will take place no later than 45 business days from the date of the first ARC Working Meeting.

6.5.1 At a minimum, the First Public Meeting is to include:

• • An overview of the ARC orientation session;
  • The Initial Staff Report with recommended option; and
  • A presentation of the School Information Profiles (SIPs).

6.6 The maximum time between the first Public Meeting and the final Public Meeting must be no more than 100 business days excluding the Christmas, spring and summer breaks including adjacent weekends.

The total consultation period including the completion and posting on the Board’s website of the Final Staff 
Report shall be no more than 110 business days.

6.6.1 Despite the maximum number of business days for consultation, the Final Staff Report must be posted on the Board’s website within 10 business days of the final Public Meeting. Hard copies are to be made available at the Board Office upon request.

6.6.2 Public delegations to the Board of Trustees may be scheduled no fewer than 10 business days from the posting of the Final Staff Report;

6.6.2.1. Public delegations include presentations made at the Board’s Standing Committee meetings and questions posed at meetings of the Board of Trustees. Requirements for public delegations are based on the Board’s existing policy regarding public delegations.

6.6.3 There must be no fewer than 10 business days between the public delegations and the final decision of the Board of Trustees.

6.7 Timelines for notices of Public Meetings is as follows:

6.7.1 Notice of the first of the minimum of the two Public Meetings is to be published at least 15 business days prior to the meeting date. 

6.7.2 Notice of subsequent Public Meetings is to be published at least 10 business days prior to the meeting date.

6.7.3 Written notice of the Public Meetings shall be provided to the parents of the students and the staff of the affected schools, the Clerk of the area municipality, and the Clerk of the Region of Durham. Notice of the Public Meetings shall be advertised in the local newspaper(s) and posted on the Board’s Website. 

In the case of a secondary school ARC, the elementary feeder schools will be included in the communication process. 

7.1 Based on community consultation and direct input by the ARC, Board staff will develop its Final Staff Report for the Board of Trustees’ consideration and final decision.

7.1.1 The Final Staff Report shall review all accommodation options considered and provide the recommended option for consideration.

7.1.2 The Final Staff Report must include a Community Consultation Section containing feedback from the ARC and any public consultations including Public Meetings, e-mails, feedback forms, voicemail, school 
community council updates, newsletters, etc.

Where available, links to community input posted on the Board’s website during the consultation process will be included in the Final Staff Report; however, hard copies of the information will be available upon request.

This section is to also include any information obtained from municipalities and other community partners prior to and during the Pupil Accommodation Review that is relevant to the schools forming part of the Pupil Accommodation Review.

7.1.3 In the Final Staff Report, Board staff may elect to amend or revise the recommended option included in the Initial Staff Report. The recommended option must include a proposed accommodation plan which contains the timeline for implementation.

7.1.4 The Final Staff Report must include the framework for a Transition Plan Committee to be implemented with consultation involving parents/guardians of the students impacted by the closure or consolidation decision, as well as the staff impacted by this decision.

7.2 The Board shall notify the public that it will consider delegations regarding the recommended option in the Final Staff Report at a scheduled meeting(s) of the Board of Trustees where members of the public shall be afforded an opportunity to present their views and comments to the Board. 

7.2.1 The notice shall also advise that the Board will not be adopting recommendations at this meeting, nor otherwise deciding on the outcome of the accommodation review.

7.2.2 The Chair of the ARC will present the Final Staff Report, previously posted on the Board’s website, to the Board of Trustees.

7.2.3 Written notice of the scheduled meetings of the Board of Trustees shall be sent to the parents of the students and the staff of the affected schools, the Clerk of the area municipality and the Clerk of the Region of Durham. 

Notice of these meetings shall also be advertised in the local newspaper(s) and posted on the Board’s website.

7.3 Following the Board meeting(s) where the Trustees formally receive delegations regarding the Final Staff Report, Board staff will compile feedback from these delegations and present it to the Board of Trustees with an updated Final Staff Report.

7.3.1 The Board shall provide at least 10 business days of consideration prior to a scheduled meeting of the Board of Trustees where the Board shall vote on the recommended option related to the Accommodation Review.

Where possible, a final decision will not be considered during the Christmas, spring or summer breaks including adjacent weekends.

7.3.2 The Board of Trustees has the discretion to approve the recommended option contained in the Final Staff Report as presented, modify and then approve the recommended option contained in the Final Staff Report or approve a different outcome. 

Under certain circumstances, where the potential accommodation option(s) are deemed to be less complex, the Board may elect to undertake a Modified Pupil Accommodation Review where the Board of Trustees must consider and approve the recommendation for a Modified Pupil Accommodation Review as justified in the Initial Staff Report.

8.1 A Modified Pupil Accommodation Review requires the completion of the SIP template in Appendix B of this document but does not require the establishment of an Accommodation Review Committee. As a result, the Terms of Reference set out in Appendix A of this document does not apply.

8.2 Two or more of the following factors may provide justification to recommend the use of a Modified accommodation Review Process for the closure of a school and the consolidation of the student body into 
another school:

*Minimum distances as applied by the Ministry of Education in determining a Board’s eligibility for Enhanced Top-up Funding.

A Modified Accommodation Review Process may also be initiated when the Board plans to relocate in any school year, or over a number of school years, a program, in which the enrolment constitutes more than or is equal to 50% of the school’s total enrolment.

• This calculation is based on the enrolment at the time of the relocation or the first phase of the relocation if the intent is to carry it out over a number of school years.
• As indicated in Section 1.1 of this Procedure, an Accommodation Review, modified or otherwise, is not required when students, located at a holding school, are relocated to their permanent new school as previously identified in the Board’s Long-term Capital Plan.

8.3 The Board is to prepare an Initial Staff Report explaining the rationale for recommending the use of the Modified Accommodation Review Process. This report and the SIPs for the school(s) under review are to be posted on the Board’s website and be available in hard copy once the Board of Trustees has approved the Recommendation(s) in the Initial Staff Report.

8.4 Section 2 of this Procedure applies, in its entirety, under a Modified School Accommodation Review. 
As such, within 5 business days of the date of the Board of Trustees’ decision to conduct a Modified Pupil 
Accommodation Review, the Board will provide written notice of this decision to each of the Clerks of the affected municipalities and to the Region of Durham and other community partners that expressed an interest as a result of the actions taken under Section 2. 

This notice will include an invitation for a meeting to discuss and comment on the recommended option in the Initial Staff Report.
These groups are required to provide input on the recommended option(s) by the day before the final Public Meeting (See Section 6.1.1 and 6.1.2). 

Notification, for information purpose only is to be provided to the Directors of Education of the co-terminous 
boards, and the Ministry of Education through the office of the Assistant Deputy Minister of the Financial Policy and Business Division. 

8.5 Under the Modified Accommodation Review Process, the Board will conduct one Public Meeting to be co-chaired by designated Board staff to:

8.5.1 Enable the community to understand the decision to proceed with a Modified Accommodation Review Process;

8.5.2 Present a summary of the SIPs of the school(s) under review to help the community understand the reason for including the school(s) and to provide information regarding the school(s);

8.5.3 Present the Recommended Option for sustainable student accommodation and seek the community’s input.

8.5.4 Provide an update on community input regarding the Recommended Option. Such input would have been received between the beginning of the Modified Accommodation Review Process to the day before the Public Meeting.

8.6 The Public Meeting is to be held no fewer than 30 business days after the Board of Trustees’ approval to proceed with a Modified Accommodation Review Process.

8.6.1 The Public Meeting must be well publicized, in advance, through a range of methods and held at the school or one of the schools under review, if possible, or in a nearby facility if physical accessibility cannot be provided at the school or one of the schools. 

8.6.2 Public Meetings are to be structured to encourage an open and informed exchange of views.

8.6.3 The designated co-chairs may direct that the Public Meeting presentation be lead by Board Staff involved in co-ordinating all Accommodation Review information.

8.7 Board staff will develop the Final Staff Report for the Board of Trustees to consider prior to the Board of Trustees making its final decision regarding the accommodation solution for the students impacted in the school(s) under review.

8.7.1 The Final Staff Report is to review any additional options resulting from the Public Meeting and provide the Board Staff recommended option for consideration based on the criteria set out in Section 2.3.1.

8.7.2 The Final Staff Report must include a Community Consultation Section containing feedback from the Public Meeting, e-mails, feedback forms, voicemail, school community council updates, newsletters, etc.

Where available, links to community input posted on the Board’s website during the consultation process will be included in the Final Staff Report; however, hard copies of the information will be available upon request. 

This section is to also include any information obtained from municipalities and other community partners prior to and during the Modified Pupil Accommodation Review that is relevant to the school(s) forming part of this review.

8.7.3 In the Final Staff Report, Board staff may elect to amend or revise the recommended option included in the Initial Staff Report. The recommended option must include a proposed accommodation plan which contains the timeline for implementation.

8.7.4 The Final Staff Report must include the framework for a Transition Plan Committee to be implemented with consultation involving parents/guardians of the students impacted by the closure or consolidation decision, as well as the staff impacted by this decision.

8.8 Following the Public Meeting, the Final Staff Report must be posted no later than 10 business days from the date of the Public Meeting and be made available in hard copy.

8.8.1 Public delegations to the Board of Trustees may be scheduled no fewer than 10 business days from the posting of the Final Staff Report;

8.8.1.1. Public delegations may include presentations made at the Board’s Standing Committee meeting and/or questions posed at meeting of the Board of Trustees. Requirements for public delegations are based on the Board’s existing policy regarding public delegations.

8.8.2 There must be no fewer than 10 business days between the date of the meeting in which public delegations were made and the date of the meeting of the Board of Trustees where the final decision will be made.