Quebec Government Imposes Anti-Social Restructuring in Education

Increased Concentration of Powers in the Hands of the Minister


Protest at the National Assembly November 4, 2019. Bill 40 was tabled on October 1, 2019 and passed under closure on February 7, 2020 (FAE)

The Legault government invoked closure on February 7, to adopt Bill 40 named An Act to amend mainly the Education Act with regard to school organization and governance. This is the fourth piece of legislation that the CAQ government has adopted through this procedure. The others are: the Act respecting the laicity of the State; and, the Act to increase Québec's socio-economic prosperity and adequately meet labour market needs through successful immigrant integration (both imposed on June 15, 2019); and, the Act to simplify the process for establishing electricity distribution rates (December 8, 2019).

Bill 40 modifies 76 laws, 6 codes and two charters. At the time of its introduction last October, the bill was 90 pages long and contained over 300 articles. The Education Minister added 160 pages of amendments just four days prior to its forced adoption. One amendment immediately removed the 600 elected members of the French-language school boards, instead of awaiting the scheduled date of their removal according to the bill at the end of February.

Bill 40 replaces school boards with service centres, which will now be responsible for assigning staff to the various education establishments, distributing grants, approving their budgets, organizing school transportation, child care, and services for students in difficulty etc. Formerly, the councils of commissioners, the school board governing body elected through universal suffrage was responsible for those decisions. Their election mandate also included informing the community of their decisions.

The elected councils of commissioners have now been replaced by a service centre board of directors whose members work without pay and must undergo compulsory training. Each french-speaking service centre board of directors is to be composed of 8 parents, four community members, who meet criteria laid down in the Act, and four school staff members.

English-language service centres boards are to be composed of between 8 to 17 parents, 4 community representatives and 4 school staff members. The parents and community representatives, at least in the English-language centres, will continue to be elected through universal suffrage. No mention appears in Bill 40 as to how the other service centre boards of directors either French or English language will be chosen. The bill says, "[the] government may, by regulation, determine the terms, conditions and standards for designating the members of a French-language school service centre's board of directors and for designating the members of an English-language school service centre's board of directors."

As was the case under the former school board system, teachers, parents or "community members" sitting on the service centre governing board will have no control over the financial resources to be allocated to each of the schools comprising the service centre. The director general and managers will propose and elaborate resource allocation but even they have little or no say regarding the sums of money the Minister will make available to the service centres.

At the end of the day, the main change other than the disappearance of officials elected through universal suffrage is the increased power placed in the hands of the Minister. He or she may "prescribe the criteria and terms applicable to the division of a French-language school service centre's territory into districts, [prescribe] the criteria and procedures applicable to the division of the territory of a French-language school service centre into districts, [and] prescribe that a school service centre cease to exist or establish a new school service centre [...] and determine objectives or targets for the administration."

Another last-minute amendment included just before closure and adoption obliges Quebec municipalities to cede land free of charge to the Ministry for the building of new schools. This allows unelected managers to intervene in municipal taxation and opens possibilities for corruption to serve private economic interests.

Bill 40 is one of the many anti-social laws of governments that eliminate intermediate levels of decision-making from the past to concentrate decision-making in the hands of the government executive. Many believe that the law will allow large-scale privatization and corruption, as the minister has the power to decide upon services, how they are to be offered and the allocation of state funds. One example has been raised of private firms to be entrusted with the responsibility of resource-sharing among service centres.

Quebec teachers and their allies are calling for an education system where they and all those concerned with education and the direction of society play decisive roles in affirming the right to education for all at the highest possible level. At present, a minority that has seized control of the economy and the state is dictating all decisions regarding the direction of education and other political, economic and social matters. The people organized in their collectives and as individuals must find ways to deprive the tiny minority of oligarchs of their power to impose their will on the majority, the economy and society.


This article was published in

Number 10 - March 5, 2020

Article Link:
Quebec Government Imposes Anti-Social Restructuring in Education: Increased Concentration of Powers in the Hands of the Minister - Geneviève Royer


    

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