EDUCATION Minister Bronwyn Pike has the power to save Berengarra School from impending closure, according to State Government policy discovered by the Journal.
Berengarra, an alternative school that provides a unique program to 40 students with social, emotional and psychological problems, will close on December 4 if it can't find a new home.
During the past 32 years the school has helped about 2000 students with complex issues return to mainstream schools and TAFE.
After 22 years at its Glen Waverley home, leased from bestchance Child Family Care, Berengarra must move because a school for blind students will open at the site next year.
Berengarra has made countless bids to find a new home _ the most recent of which is being denied by Ms Pike.
The school has offered to pay market value to buy or lease the former Monash Primary School site and its existing buildings in Notting Hill which have been unused for the past four years.
But Berengarra has been told by Ms Pike and the Department of Education and Early Childhood Development that vacant school sites cannot be made available ahead of a "strict disposal process" that can take up to five years.
Last year, Opposition spokesman for education Martin Dixon told the Journal Ms Pike had the power to save the school under an "exceptional circumstance" provision.
For almost a year, questions about the policy remained unanswered.
Speaking to the Journal last month, Ms Pike denied the existence of an exceptional circumstance provision.
However, last week the Journal uncovered the Victorian Government Department of Infrastructure Policy and Instructions for the purchase, compulsory acquisition and sale of land.
Three sections of the policy gave Government ministers the power to approve an offer to purchase or lease sites under exceptional circumstances. Section 4.4 stated: "Where exceptional circumstances can be demonstrated and the sale of land is proposed to be conducted by means other than public auction, tender or other public process, the specific approval of the Minister is required irrespective of the value of the land."
Ms Pike didn't answer questions when a copy of the policy was emailed to her media adviser.
A State Government spokeswoman said vacant school sites were required to follow a strict disposal process.
"It is not appropriate for the State Government to provide for a private school's future through the provision of public land."
She said that if parents wanted to return children to the public system they would be accommodated in a government school and, if needed, a government school-run alternative program.
But Berengarra principal Peter Heffernan said two-thirds of its students were referred by principals of government schools. "When the process of disposal becomes more important than improving educational outcomes, the Government has clearly got its priorities wrong."
Mt Waverley MP Maxine Morand had been "disappointing" local member of Parliament because apart from a half-hour meeting in June, she had not provided support or advice, he said.
A spokeswoman said Ms Morand would meet with parents to discuss their options.
Parents of Berengarra students protested outside Ms Morand's office last Tuesday.