Delegation of Safe Schools Duties to Teachers (Professional Relations Services)

The latest government safe schools initiative, Bill 157, Keeping our Kids Safe at School, came into effect on February 1. Among other things, Bill 157 permits the delegation to teachers of some of a principal’s powers,  duties, or functions under the safe schools provisions  in the Education Act. Since school boards are now approaching teachers to take on this role, it is vital that teachers  know their rights and  are aware of ETFO’s position on these delegations before accepting them.

LIMITATIONS ON THE POWER  TO DELEGATE
There are a number of limitations to the delegation powers set out in Bill 157 and in the Ministry of Education’s  Policy/Program  Memorandum 145. These are the main limitations:

1. A delegation must be in writing.
2. A delegation can only occur if both the principal and vice-principal of the school are absent from the school.
3. A delegation must respect the terms of applicable collective agreements.
4. Decisions to suspend or recommendations  to expel pupils cannot be delegated to teachers. However,  teachers may be delegated the authority to “initially deal” with situations involving activities that  must be considered for suspension or expulsion.
5. During the principal’s absence the authority to receive reports from others may be delegated to a teacher.  He  or she must report to the principal or vice-principal any activities that must be considered for suspension or  expulsion that are reported during the principal’s absence.  The teacher does not have the authority to return part 2 of the Safe Schools Incident Report form to the staff who  submitted the report.
6. A teacher may be delegated limited authority to contact the parents of a pupil who has been harmed as a  result of activity for which suspension or expulsion must be considered.  The information  the teacher shares  must be limited to (i)  the nature of the harm to the pupil and (ii)  the nature of the activity that resulted in  the harm. A teacher must not be delegated the authority to discuss the nature of any disciplinary measures  taken in response to the activity.
7. A teacher who is unsure about calling parents, should contact the principal or supervisory officer for direction.  In such circumstances,  the principal or vice-principal will follow up with the parents as soon as possible.
8. A delegation must comply with policies and guidelines established by the Minister of Education and by a  school board.
9. A delegation is subject to any restrictions, limitations, and conditions set out in the written delegation.

ADVICE TO MEMBERS
ETFO’s  position is that delegations are voluntary. Teachers are not required to accept a delegation. Bill  157  delegations are different from teacher-in-charge positions, which are addressed in many collective agreements.

Teachers   who  are  considering  accepting  a delegation of  principals’ duties  under the  safe schools provisions should be aware that they may be vulnerable if  they  agree to  carry out  these responsibilities. Beyond the  general limitations set  out  above, there  are  currently no  compre- hensive  legal  mechanisms in  place to  protect teachers – for example,  policies, procedures,  or a standard model delegation  accepted by ETFO.

Teachers  should also be aware that ETFO  has not  received clarification on  a  variety of  legal issues relating to these delegations. For example, ETFO has not received clarification on

• the rate of pay for assuming  this responsibility
• the training that a teacher would  receive prior to accepting these significant responsibilities
• whether specific board policies are in  place for this delegation, and whether these policies conform to Ministry of Education policy and program memoranda
• whether school boards will provide  legal representation or cover any legal  fees teachers incur in defending against  any legal claims relating to the delegated responsibilities.

Overall, teachers who accept delegated responsibilities should ensure that the delegation is in writing and explicitly covers all of the  issues set out above. The delegation  should be time-limited and should include a clause  providing that it can be terminated upon reasonable notice (e.g. one or two weeks). Finally, teachers should also be aware that  Bill  157  imposes other duties on teachers, such as  a   duty report to  principals when they become aware that students may have engaged in  incidents for which they could be suspended or expelled.

Members  were previously  provided  with information on this duty to report in PRS Matters #51, available at etfo.ca >Advice for Members > PRS Matters  Bulletins and in the December 2009 issue of Voice.

It  is  ETFO’s position  that  teachers should not  accept these responsibilities until  they are properly paid, trained, and covered by the board’s insurance.  Teachers  should  accept  delegation only when policies are in place that define how they are to carry out  this role.

Some boards are attempting to add delegation under Bill  157  to  teacher-in-charge   roles  that already exist in collective agreements. It is ETFO’s position that  teachers-in-charge  provisions existing in collective agreements  should not be used to  add on responsibilities or delegations under Bill 157. Teachers should not be making decisions regarding suspending or expelling students in any way: this is not their  responsibility.

For further information on Bill  157,  contact your local ETFO president or staff  in  Protective Services at 416-962-3836  or 1-888-838-3836.