Teacher Rights and Responsibilities

The following is for information purposes only.

It is in no way complete.

It is intended as a guideline for teachers to be used as a basis for seeking help.

It should not be used as a basis for making legal decisions.

Teachers should always seek advice from the Association at the earliest opportunity if they feel threatened in, or by, any aspect of their employment.

Immediately speak to your School ATA Representative who should be able to direct you to the person(s) who can provide you with accurate information on where to seek advice.

Legal questions and professional issues should never be communicated to, or from, the Board’s E-mail system. Employees have no legal right to privacy when using an Employer’s E-mail system.

You can also contact the Alberta Teachers Association directly. The toll free numbers are:

Barnett House (Edmonton:) 1-800-232-7208
(SARO) Southern Alberta Regional Office (Calgary): 1-800-332-1280

Introduction

The following information provides a miniscule overview of the legislation and regulations that directly or indirectly influence your teaching and professional career as a teacher. There are other Acts that may come into play such as the Charitable Fund-raising Act. However, over the course of your career, the two Acts that will have the most impact on your daily teaching lives are the School Act and the Teaching Profession Act which essentially gives the Code of Professional Conduct the status of a legal statute.

Teachers should also make an effort to become familiar with Board policies, particularly Student Policies 3000, Instructional 4000 and Personnel 5000. A link to the Policy Manual can be found on the home page.

Local

1. School Board Policies

2. School Policies and Practises

Provincial

1. School Act

2.       Teaching Profession Act

3. Code of Professional Conduct

4. Freedom of Information and Protection of Privacy Act

5. School Amendment Act 2000 (requires Boards to “develop and implement a written policy respecting student conduct “.

6. Child, Youth and Family Enhancement Act

7. Student Financial Assistance Act, Student Financial Assistance Regulation (AR 298/2002), Student Loan Limits Order (AR 309/2002) (This legislation consolidates the previous Students Finance Act and Students Loan Act.)

8. Teacher’s Pensions Act

Federal

1. The Criminal Code Of Canada

2. Canadian Charter of Rights and Freedoms 1982

3. Youth Criminal Justice Act 2002

4. Divorce Act

Teacher Rights and Responsibilities

· Teachers must act in loco parentis, treating students as a firm, kind and judicious parent would.
· Canadian Courts recognize 3 standards of procedural fairness: 1) duty of fairness, 2) natural justice, and 3) fundamental justice (law that signifies those basic procedural rights that are afforded anyone facing an adjudicative process or procedure that affects fundamental rights)
· Most important appears to be natural justice requiring prompt and clear notice of charges or accusation, an opportunity to be fully heard, and an unbiased decision maker

School Act

Teachers

18(1) A teacher while providing instruction or supervision must

(a) provide instruction competently to students;

(b) teach the courses of study and education programs that are prescribed, approved or authorized pursuant to this Act;

(d) encourage and foster learning in students;

(e) regularly evaluate students and periodically report the results of the evaluation to the students, the students’ parents and the board;

(f) maintain, under the direction of the principal, order and discipline among the students while they are in the school or on the school grounds and while they are attending or participating in activities sponsored or approved by the board;

(g) subject to any applicable collective agreement and the teacher’s contract of employment, carry out those duties that are assigned to the teacher by the principal or the board.

(2) At any time during the period of time that a teacher is under an obligation to the board to provide instruction or supervision or to carry out duties assigned to the teacher by a principal or the board, a teacher must, at the request of the board,

(a) participate in curriculum development and field testing of new curriculum;

(b) develop, field test and mark provincial achievement tests and diploma examinations;

Code of Professional Conduct

The Code of Professional Conduct stipulates minimum standards of professional conduct of teachers but is not an exhaustive list of such standards. Unless exempted by legislation, any member of The Alberta Teachers' Association who is alleged to have violated the standards of the profession, including the provisions of the code, may be subject to a charge of unprofessional conduct under the bylaws of the Association.

Code of Professional Conduct

In relation to pupils

1	The teacher teaches in a manner that respects the dignity and rights of all persons without prejudice as to race, religious beliefs, colour, sex, sexual orientation, physical characteristics, age, ancestry or place of origin.
2	(1) The teacher is responsible for diagnosing educational needs, prescribing and implementing instructional programs and evaluating progress of pupils.
	(2) The teacher may not delegate these responsibilities to any person who is not a teacher.
3	The teacher may delegate specific and limited aspects of instructional activity to noncertificated personnel, provided that the teacher supervises and directs such activity.
4	The teacher treats pupils with dignity and respect and is considerate of their circumstances.
5	The teacher may not divulge information about a pupil received in confidence or in the course of professional duties except as required by law or where, in the judgment of the teacher, to do so is in the best interest of the pupil.
6	The teacher may not accept pay for tutoring a pupil in any subjects in which the teacher is responsible for giving classroom instruction to that pupil.
7	The teacher may not take advantage of a professional position to profit from the sale of goods or services to or for pupils in the teacher's charge.

In relation to school authorities

8	The teacher protests the assignment of duties for which the teacher is not qualified or conditions which make it difficult to render professional service.
9	The teacher fulfills contractual obligations to the employer until released by mutual consent or according to law.
10	The teacher provides as much notice as possible of a decision to terminate employment.
11	The teacher adheres to agreements negotiated on the teacher's behalf by the Association.

In relation to colleagues

12	The teacher does not undermine the confidence of pupils in other teachers.
13	The teacher criticizes the professional competence or professional reputation of another teacher only in confidence to proper officials and after the other teacher has been informed of the criticism, subject only to section 23 of the Teaching Profession Act.
14	The teacher, when making a report on the professional performance of another teacher, does so in good faith and, prior to submitting the report, provides the teacher with a copy of the report, subject only to section 23 of the Teaching Profession Act.
15	The teacher does not take, because of animosity or for personal advantage, any steps to secure the dismissal of another teacher.
16	The teacher recognizes the duty to protest through proper channels administrative policies and practices which the teacher cannot in conscience accept; and further recognizes that if administration by consent fails, the administrator must adopt a position of authority.
17	The teacher as an administrator provides opportunities for staff members to express their opinions and to bring forth suggestions regarding the administration of the school.

In relation to the profession

18	The teacher acts in a manner which maintains the honour and dignity of the profession.
19	The teacher does not engage in activities which adversely affect the quality of the teacher's professional service.
20	The teacher submits to the Association disputes arising from professional relationships with other teachers which cannot be resolved by personal discussion.
21	The teacher makes representations on behalf of the Association or members thereof only when authorized.
22	The teacher accepts that service to the Association is a professional responsibility.

Approved by the 1999 Annual Representative Assembly pursuant to section 8(f) of the Teaching Profession Act.

Please note:

Items 13 and 14 of the Code of Professional Conduct do not pertain to reporting to the Association on the possible unprofessional conduct of another member.

The Teaching Profession Act, section 24(3), requires members to report forthwith to the executive secretary on the unprofessional conduct of another member.

Code of Professional Conduct and Surveys

Teachers are reminded to bear in mind the Code of Professional Conduct when filling out surveys. Some surveys contain questions wherein certain responses might either directly or indirectly, be considered an evaluation of a colleague or colleagues.

The Code of Professional Conduct requires teachers to inform colleagues of criticisms. With respect to those that contain questions directly or indirectly evaluating colleagues the following principles apply.

1. If a teacher is to criticize the professional competence of colleagues then a teacher is required to inform the colleague in question.

2. Leaving a response blank does not constitute a criticism.

3. Any survey that involves evaluation of colleagues is considered a report under the Code of Professional Conduct.

4. A survey where teacher responses are critical of a colleague must inform that colleague before forwarding the survey.

Feedback and evaluation are important. However teachers must use good judgement and bear in mind the Code of Professional Conduct when filling out surveys of any type where teachers may find themselves evaluating a colleague by completing the survey.

Questions should be directed towards school reps or SARO. (1-800-332-1280)

Harassment of Teachers by Parents

principal “must maintain order and discipline in the school and on the school grounds and during activities sponsored or approved by the board” Section 20(f)
schools are not public buildings

School Act

27(1) No person shall

(a) disturb or interrupt the proceedings of a school,

(b) disturb or interrupt the proceedings of a school meeting or board meeting, or

Contracts of employment

97(1) In this Division, “teaching day” means

(a) a day on which instruction is given by a teacher,

(b) a day on which a school is closed due to an emergency,

(d) 2 days on which a teachers’ convention authorized by the Alberta Teachers’ Association is held,

(e) holidays declared by a board, and

(f) any other days that are approved by the Minister.

Probationary contract

98(1) A board may employ a teacher under a probationary contract of employment for a complete school year if that teacher

(a) was not employed by that board as a teacher in the school year prior to the school year in which the contract was entered into, or

(b) was employed by that board in the school year prior to the school year in which the contract was entered into under section 100 or under a contract referred to in section 101.

(2) For the purposes of subsection (1), a teacher employed under section 103 is deemed to have been employed by the board under a probationary contract of employment if at the conclusion of a school year the total amount of time that the teacher taught for the board is at least equal to the amount of time the teacher would have been required to teach in a complete school year if the teacher had been employed by the board to teach on a full‑time basis.

(3) A probationary contract of employment shall terminate on the June 30 next following the commencement date specified in the contract.

(4) Notwithstanding subsection (3), if evaluations of the teacher indicate to the board that a further probationary period is required and the teacher agrees, the probationary contract of employment may be extended for a further period ending no later than the June 30 next following the date of the renewal of the contract.

Continuing contract

99 Subject to this Act, a contract of employment between a board and a teacher continues in force from year to year.

Temporary contract

101(1) A teacher may be employed by a board under a temporary contract of employment when that teacher is employed for the purpose of replacing a teacher who is absent from the teacher’s duties for a period of 20 or more consecutive teaching days.

(2) A temporary contract of employment entered into under subsection (1) shall

(a) specify the date on which the teacher commences employment with the board, and

(b) terminate

(i) on the June 30 next following the commencement date specified in the contract, or

(ii) on a date provided for in the contract,

whichever is earlier.

(3) Notwithstanding anything contained in a temporary contract of employment, a party to a temporary contract of employment may terminate that contract by giving 30 days’ written notice of the termination to the other party to the contract.

(4) Section 132 does not apply to the termination of a temporary contract of employment under this section.

Interim contract

102(1) A board may employ a teacher for a period of not more than 360 teaching days under an interim contract of employment if that teacher

(a) was not employed by that board as a teacher in the school year immediately prior to the school year in which the interim contract of employment commences, or

(b) was employed under section 100 or under a contract referred to in section 101 by that board in the school year immediately prior to the school year in which the interim contract of employment commences.

(2) For the purposes of subsection (1), a teacher employed under section 103 is deemed to have been employed by the board under an interim contract of employment if at the conclusion of a school year the total amount of time that the teacher taught for the board is at least equal to the amount of time the teacher would have been required to teach in a complete school year if the teacher had been employed by the board to teach on a full‑time basis.

(3) An interim contract of employment terminates on the June 30 next following the commencement date specified in the contract unless otherwise specified in the contract.

Part‑time contract

103(1) A board may employ a teacher under a part‑time contract of employment for a period that includes all the teaching days in a school year

(a) to teach on a part‑time basis, and

(b) to be paid only for the time that the teacher teaches.

(2) When the board employs a teacher under a part‑time contract of employment, the board may, unless that teacher’s contract provides otherwise, vary the amount of time that the teacher is required to teach in the subsequent semester or school year.

(3) If

(a) under subsection (2), a board varies the amount of time that a teacher is required to teach under a part‑time contract of employment, and

(b) the teacher does not agree to teach for that amount of time as varied, the board may terminate that teacher’s contract.

(4) Section 132 does not apply to the termination of a contract under subsection (3).

Transfer of teacher

104(1) A superintendent may, at any time during a school year, transfer a teacher from one school operated by the board to another of its schools.

(2) Subject to this section, if a teacher is transferred, that transfer becomes effective not less than 7 days from the day on which the notice of transfer and reasons for the transfer are received by the teacher.

(3) When a teacher is given a notice of transfer, the teacher may, within 7 days from the day on which the teacher receives the notice of transfer, make a written request to the board to have a hearing before the board for the purpose of objecting to the transfer.

(4) The board may set a date and time for the hearing requested under subsection (3) that is not earlier than 14 days after the teacher receives notice of the transfer unless the teacher agrees in writing to an earlier date.

(5) Where a teacher makes a request to have a hearing before a board under subsection (3), that teacher shall not be transferred until after the hearing is held.

(6) Notwithstanding section 109, if a teacher has been given

(a) a notice of transfer and does not wish to transfer in accordance with the notice, or

(b) a hearing before the board under this section and does not wish to comply with the decision of the board, that teacher may resign from the teacher’s employment with the board on giving the board 30 days’ written notice of the teacher’s resignation.

(7) Notwithstanding that 30 days have not passed from the date that a teacher gave notice of the teacher’s resignation under subsection (6), the contract of employment between that teacher and the board terminates on the board paying to the teacher the salary that the teacher would have been entitled to if the teacher had remained in the employ of the board for 30 days from the date of the giving of the teacher’s notice of resignation.

Student Rights and Responsibilities

School Act

Students

12 A student shall conduct himself or herself so as to reasonably comply with the following code of conduct:

(a) be diligent in pursuing the student’s studies;

(b) attend school regularly and punctually;

(d) comply with the rules of the school;

(e) account to the student’s teachers for the student’s conduct;

(f) respect the rights of others.

Suspension

24(1) A teacher or a principal may suspend a student in accordance with subsection (2) or (3) if in the opinion of the teacher or principal

(a) the student has failed to comply with section 12, or

(b) the student’s conduct is injurious to the physical or mental well‑being of others in the school.

(2) A teacher may suspend a student from one class period.

(3) A principal may suspend a student

(a) from school,

(b) from one or more class periods, courses or education programs, or

(4) A principal may reinstate a student suspended under subsection (2) or (3).

(5) When a student is suspended under subsection (3), the principal shall

(a) forthwith inform the student’s parent of the suspension,

(b) report in writing to the student’s parent all the circumstances respecting the suspension, and

(c) if requested, provide an opportunity to meet with the student’s parent, and the student if the student is 16 years of age or older, to discuss the reasonableness of the suspension.

(6) If the student is not to be reinstated within 5 school days after the date of the suspension, the principal shall

(a) forthwith inform the board of the suspension, and

(b) report in writing to the board all the circumstances respecting the suspension and the principal’s recommendations, and the student remains suspended until the board has made a decision under subsection (8).

(7) The principal may recommend that the board expel the student if

(a) the student has displayed an attitude of wilful, blatant and repeated refusal to comply with section 12, or

(b) the student’s conduct is injurious to the physical or mental well‑being of others in the school.

(8) The board shall within 10 school days after the date of the suspension

(a) reinstate the student, or

(b) expel the student from school in accordance with section 25.

(9) Before the board makes a decision under subsection (8), the student and the student’s parent may make representations to the board with respect to the principal’s recommendation to expel the student.

Expulsion

25(1) On considering the report provided to it under section 24(6)(b) and any representations made to it under section 24(9), the board may expel the student if

(a) the principal has recommended that the board expel the student, and

(b) the student has been offered another education program by the board.

(2) An expulsion must be for a period of more than 10 school days.

(3) When a student is expelled under this section, the board shall forthwith notify, in writing, the student’s parent, and the student if the student is 16 years of age or older,

(a) of the expulsion, and

(b) of the right to request a review under section 124.

(4) The board may re‑enrol a student who has been expelled.

Admin Procedure 351 STUDENT CONDUCT

Background

Students must understand that they are responsible for their behaviour, and they must recognize that any behaviour that disrupts or detracts from the educational climate of the school is unacceptable. Any behaviour which encroaches upon the safety or freedom of opportunity of others is not responsible behaviour. Students are expected to follow reasonable rules and regulations which are established for the benefit of students as well as the community. During any school related activity, conduct should be governed accordingly.

Administrative 351 Procedure Statement

The students in our Division are expected to behave in a manner that is courteous, respectful of others and supportive of the school philosophy and the goals of Catholic education.

Regulations

1. The Code of Student Conduct as stated in the School Act shall apply.

2. Students are responsible for what they choose to do. Therefore, students must be willing to accept the consequences of their actions. Students who misbehave face various disciplinary actions such as the withdrawal of privileges; detention at lunch or after school; suspension, both in school and at home; and expulsion.

3. Students of the Division are expected to use language that is caring, kind and courteous. Students are expected to observe proper and respectful conduct in classrooms, hallways, buses and school grounds. These standards of behaviour are expected during all school related activities

4. The drinking or possession of intoxicating beverages or illegal possession or use of drugs y students in the school building or on school grounds in prohibited. Nor shall a student be under the influence of same in school or on school property. This applies to all students involved in extracurricular activities for the duration of that activity, whether on school property or not. Transportation to and from that activity is deemed part of that activity.

.5. Discipline practices within the division schools should be designed by the Principal in

consultation with the Staff and the School Council and should have the following purposes:

.1 they should be instructional and communicate clear standards of behaviour.

.2 they should have elements which recognize positive student behaviour and consequences for misbehaviour.

.3 they should reflect the partnership and trust between the home, the school and the parish.

.4 they should enhance the instructional climate of the classroom and school.

.5 they should encourage maturity among the students commensurate with their age and readiness to accept responsibility

.6 they should affirm the necessity of respect for authority and courtesy in the community.

.7 they should support and seek to develop student self-esteem.

6. Discipline practices within the school should be communicated to all students and parents.

7. Conduct and behaviour on school buses must comply with expectations provided in the Division brochure on "Student Conduct on School Buses". Student misbehaviour on a bus may result in the loss of bus riding privileges for that student for a specified period of time. Under such circumstances the student is still expected to attend school.

8. Corporal punishment shall not be used in our Division.

9. All members of a school staff have a teaching responsibility with respect to student conduct and discipline. Orientation procedures for new staff include instruction in this responsibility.

Procedures

1. Staff members should apply mature judgement in deciding whether or not to inform parents of discipline problems with a student.

2. Parents who wish to discuss a matter of student conduct or discipline should first contact the child's teacher.

3. Further inquiries or complaints should then be addressed to the school Principal.

5 If the matter cannot be resolved by the Principal, the parent may contact the Superintendent - or through him - the Board of Trustees.

Administrative Procedure 350 RIGHTS AND RESPONSIBILITIES OF STUDENTS

Background

Every student meeting the requirements set out in the School Act is entitled to an educational program and the Board is required to make all reasonable efforts to ensure that a student attends school. In addition, students enrolled (sic) in our Catholic schools have the right to an education, based on the freedom to teach and live our Catholic faith. The Board believes that rights and responsibilities are intertwined.

Policy Statement

The Board will make every effort to provide a full range of educational programs from Kindergarten to Grade 12 for students of all abilities. We will strive to provide for an equality of opportunity for each child and a respect for individual differences. Christian values and Catholic tradition will be integrated throughout the curriculum.

Rights and Responsibilities

1. Students have the right to qualified and competent teachers.

2. Students are responsible for what they choose to do; therefore, students must be willing to accept responsibility for their actions.

3. Students have the right to be treated with respect and compassion in our schools; students have the responsibility to treat others with respect and compassion.

4. Students have the right to be treated fairly and the responsibility to treat others fairly.

5. Students have the right to a safe environment and the responsibility to keep our schools safe for others.

6. Students have the right to a peaceful school, free of weapons, fighting and harassment and the responsibility to keep our schools peaceful.

7. Students have the responsibility to be clean and tidy in person and clothes.

8. All students have the responsibility to respect the rights of other students to a successful Catholic education.