Dear MPP,
One of the
key roles of school boards is to be responsive at the local level to the
expectations of parents of school-age children and youth. Parents in Ontario
expect school boards to protect the quality of education in the classroom and
the future of the education system by making decisions that are focused
squarely on what is in the best interests of all students and the learning
environment.
This
communication is to bring to your attention those aspects of the Putting
Students First Act that:
·
require
caution with regard to the unprecedented measures contained in this
legislation, and
·
are
not in the best interests of students.
Unprecedented
Measures
The Putting
Students First Act has been introduced after more than five months
of provincial discussions, during which the government signed agreements with
only three employee groups, with complete disregard for the views expressed by
school boards. The signing of these “agreements” was an unprecedented
action that lies outside the provisions of Ontario’s Labour Relations Act
which governs collective bargaining in this province.
Today, more
than 60 percent of the employee groups remain without a provincial framework,
which would typically guide the local agreements. School boards now find
themselves, at the 11th hour, being threatened by the government if
they fail to reach more than 400 collective agreements inside of three weeks
based on the unsatisfactory framework developed with the Ontario English
Catholic Teachers’ Association. In addition, the government knows that
collective bargaining is a bi-lateral process and school boards cannot impose
an arbitrary deadline for the conclusion of joint negotiations between equal
parties. Consequently, the government's expectations are unrealistic,
unreasonable and unprecedented.
Failing to
achieve these agreements could mean that the provisions of the Putting
Students First Act will be imposed on school boards and all school board
employees, (unionized and non-unionized) whether or not the provisions actually
work within the context of existing local collective agreements and working
conditions.
The
proposed legislation expressly provides that neither the Ontario Labour
Relations Board nor any arbitrator may make any decision on whether any
provision of the Putting Students First Act is constitutionally valid.
In addition to over-riding provisions of the Ontario Labour Relations Act,
the proposed legislation seeks also to override provisions of the Employment
Standards Act and to prevent challenges that might be based on provisions
of the Ontario Human Rights Code. It even purports to reign in the
jurisdiction of our courts.
The
proposed legislation would fundamentally alter the landscape by impeding the
right of employees to collectively bargain, while enabling the government to
essentially impose collective agreements on boards and teachers. Furthermore,
unlike “back to work” legislation, this bill would eliminate the right to
strike or lockout even before such right is exercised.
The
best interests of students
The Government insists, without any meaningful policy debate, on imposing
conditions about how teachers are to be hired and how students are to be
assessed. These are two important factors that affect the quality of education
in our schools and are not in the best interests of our students, parents or
Ontario’s world-class education system.
We fail to see how they help to address the government's major concern of reducing the deficit. Instead, they will seriously undermine the primary mandate of school boards as spelled out in the Education Act - "to promote student success and well-being."
Currently, hiring is based on the
principles of equity and fairness. Assessment is based on well-established
practices and protocols. Both hiring and assessment are determined by school
boards. New teachers are hired based on qualifications and experience, not by
the amount of time they have worked as an occasional teacher. The objective is
to hire the best qualified applicant. Indeed, restraints on hiring may impede
boards’ efforts to ensure that their teachers collectively reflect our diverse
communities.
With respect to student assessment,
teachers assess students using objective measures chosen by the board and not
simply by a method of the teacher’s choosing. Teacher input into assessment
tools is important, but the ultimate responsibility must reside with each
school board.
Control over hiring and assessment
was, without the consent of school boards, given away by the government in the
process of gaining the agreement with the Ontario English Catholic Teachers’
Association to accept a wage freeze and other concessions. Reducing the
amount of time teachers spend supervising children as agreed to by the
government and the l’Association des Enseignantes et des Enseignants
Franco-Ontariens (AEFO), seriously compromises the safety and well-being of students. In so doing, the government ignored
the strong objections of elected trustees, directors of education, and
supervisory officers.
Boards are purposeful in the assessments they use to achieve the best outcomes for students, year over year. This is lost if teachers, outside of the board’s improvement planning process, can choose which assessments to use, for which students, when and how often. Both of these past practices, directly connected to what is best for students, were given away. This loss should not now become part of government regulations.
Amending
the proposed legislation
We
appreciate that the recent action on the part of the government is driven by
the need for fiscal constraint in Ontario’s current economic climate. School
boards have told the government a number of times that we support the need for
stringent financial parameters. Since the government believes it is necessary
to legislate in order to achieve its financial goals, such legislation should
only support achieving the necessary financial parameters for the defined
two-year period and not have open-ended enabling language to permit unfettered
regulations or comparable orders that subvert the legitimate collective
bargaining process. The legislation should also not compromise the
ability of school boards to fulfil their obligations with regard to ensuring
student achievement and student well-being. By altering the hiring practices of
school boards and undermining the student assessment practices of school
boards, the government is weakening the quality of education for our students.
There is no
need to compromise quality education to achieve the government's fiscal
objectives relating to employee compensation. We would ask all MPPs who are
planning on supporting this legislation to stand up for the rights of students
in your schools, and amend the proposed legislation accordingly.
Thank you for your consideration.
Ontario Public School Boards'
Association (OPSBA)
Association des conseils scolaires
des écoles publiques de l'Ontario (ACEPO)
Association franco-ontarienne des conseils scolaires catholiques (AFOCSC)
Ontario Catholic School Trustees' Association (OCSTA)