Brown's Flat, Lorne Middle school closures head back to court

The lawyer representing opponents of two southern New Brunswick school closures says he will file a motion on Wednesday to block the school districtfrom proceeding with its plansto relocate students despite a judge's ruling to quash theclosures.

Kelly Lamrockwas responding Tuesdayto AnglophoneSchool District - Southofficials announcing it would be "impossible" to have students returntoBrown's Flat Elementary andLorneMiddle schools next week.

Lamrockdescribed the school district's decision to push aheadas an "illegal and unprecedented attempt to avoid the clear meaning of the court's decision."

"Nobody, even ministers of the Crown, is above being accountable to the courts and ultimately following the same laws other NewBrunswickershave to follow,"Lamrocksaid during a news conference.

"And we're going to ask the court to make that clear and then take steps to make sure the district is working in good faith to comply with the law, rather than trying to sneak around it."

• Parents await provincial response to school closure ruling

• Brown's Flat, Lorne Middle school closures quashed

ProgressiveConservativeMLA BrianMacDonaldpoints outEducation Minister SergeRousselleis also the attorneygeneral the government's top legal official.

"Of anyone in New Brunswick, he should be respecting the ruling of the courts," saidMacDonald. "And in thiscase,he has to follow his own policy. That's what the courts found."

Rousselle declined to comment again on Tuesday. Officials from his office told CBC Newshe is still reviewing Friday's court decision.

JusticeDarrellStephensonquashed the education minister's decision to close the two schools, saying the process that led to the decision was flawed.

But because the judge didn't explicitly order the schoolsopen, the school district says it will keep them closed.

SuperintendentZo Watsonissued a statement on Tuesday saying that the district is still planning on having thestudents attend their new schools.

"While theprocess continues to unfold we will continue with theplan that has the students assigned to other schools. Besides it would be impossible for us to make the necessary changes to have the schools operational on such short notice," she said.

Watson said district officials spent months making plans based on the district education council and minister's decision.

"Many alternate arrangements were put in place for students including reassigning teachers and other school staff, planning student transportation (including new bus routes), maintenance and administration. Furniture and equipment have also been relocated to other schools," Watson wrote.

Should have had contingency plan

ButLamrockcontends the school district knewmonths ago thatthe matter was going to court and should have had a contingency plan in place in the event the judge ruled against the closures.

"Inconvenient is not the same thing as impossible," he said.

The parents he represents are "profoundly disappointed" to be heading back to court when they thought their legal fight was over, Lamrock added.

He willbe seeking a judge's order to force the provincial government to keep the schools open.

Parents are expecting to have their children attendclasses atthe two schools in question.

Tammy Londonsaid she fully expects to drop off her three children at the Brown's Flat school in September.

"It's up to the district to do what they can. If they have to delay school by a few days, I'm OK with that. This is our school and we want it," London said.

She's been by Brown's Flat Elementary and she said she believes the school's books and computers have been removed.

Parents say they are ready to return to court if the schools aren't re-equipped, the teachers brought back and classes resume as normal for this year.

The district education council voted earlier this year to close the two schools and Rousselle accepted that recommendation.

The judge ruled that Rousselle's decision to accept the district education council's recommendation to close the two schools was not reasonable because the process did not follow policy 409, which governs school closures.

But the judge also said in the decision that he was "not prepared to order the school be kept open."

Lamrock contendsthose schools should be reopened in time for classes.

"They should be ready and quite frankly, it should be very doable to follow the law," he said.

Lamrock said more cases could be coming from parents trying to prevent small schools from being closed.

"Coles Island and Pennfield, the minister has made the same mistakes, they just haven't hit court yet. And some of those communities are thinking they have time to seek an injunction," Lamrock said.