Seniority Hiring & Assessment Diagnostic Opt-out Taken Out of Bill

On Aug 27 Minister Broten introduced Bill 115 dealing with Teacher Wages and Benefits.  It is nearly identical to the draft released earlier, with one significant victory for our students - Public English boards would be exempt from the seniority hiring and assessment diagnostic opt-out provisions in the OECTA deal. (Regrettably, the legislation imposes these provisions on all Catholic boards and French-language boards.)

This change was due in very large part to the clarity and power with which so many of you voiced your concerns with these provisions. Mike Colle and other MPPs heard your concerns clearly, as did Minister Broten and PC Leader Hudak. And they responded.

As one constituent emailed me on hearing the news: “Yay. Democracy worked.”

I am so impressed and so thankful that Eglinton-Lawrence citizens and others made their voices heard.  You have made such a positive difference for students across Ontario.  Well done!

(For a more detailed description of Bill 115 and its seniority hiring and assessment diagnostic opt-out provisions, see earlier posts on this site).

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Clearing Up Confusion About Seniority in Bill 115

I have been asked a lot of questions about statements the Government made (and is still making) about the seniority provision. People have heard conflicting explanations from different sources. They are asking what it really means for the assignment of teachers to classrooms and on opportunities for new teachers.  Instead or restating what I think, I have included relevant parts of the OECTA deal below.  That way you can judge it’s meaning for yourself (remember that Bill 115 was originally meant to implement the complete OECTA deal on all Boards).

 Section L.III of the OECTA deal states that:

 “The School Board in which the Long‐Term Occasional position is needed will hire, according to Regulation 298, one of five roster Occasional Teachers who apply and most closely match the following requirements in the following order:

i. Supernumerary/Redundant teachers in order of seniority.

ii. Recognizing the aim of providing the best possible program and ensuring the safety and well--‐being of students, the Occasional Teacher on the Long‐Term Occasional Teacher Placement Roster who holds the required qualifications for the position, as per the Education Act and Regulations (as recorded on the Ontario College of Teachers Certificate of Qualification), who has the greatest seniority. ...”

[Emphasis added]

(Section L.IV of the OECTA deal imposes similar rules on the hiring of permanent teachers, giving priority to the five properly credentialed occasional teachers who have the greatest seniority.  Reg 298 referred to in L.III deals with the duties of, and credentials needed by, teachers and others in schools.)

Chances are almost 100% that one of these five "most senior" teachers will accept the job (after all, they applied for it). This means that the odds are almost zero that the principal will be allowed to consider anyone else for the position. It simply wouldn't matter if there was another, less senior, teacher who would be a perfect fit for the students affected - one of the five most senior would be hired.

(Remember that, thanks to wide-spread objections, Bill 115 does NOT force Public Boards to use this rule.  It will only apply to Catholic and French Boards.)

Let’s take a closer look at the steps.

Step (i) involves full-time teachers who have been declared surplus. It gives them the first shot at long-term occasional openings.  The reality is that we very rarely lay off teachers. That makes it very unlikely that we will fill positions from this group. But note that positions filled from this group would also be filled by seniority and would place the most senior teachers in positions, while leaving the least senior teachers out of the running.

Step (ii) would generate almost all of the Long-Term Occasional placements. It only applies to teachers already on the occasional teacher list. For all practical purposes, step two says that principals will only be allowed to consider the five teachers with the highest seniority when filling a position.

I can't see how a system that places highest priority on seniority will give more opportunities to new teachers. I’ve talked to a lot of senior educators about this provision and they don’t see it either.