Government introduces Education Improvement Act
The following announcement was released by the Ministry of Education on February 28, 2012 to summarize the introduction of the Education Improvement Act and appointment of a mediator to facilitate bargaining with the BCTF.
Feb. 28, 2012
Ministry of Education
Act sets K-12 improvements, cooling off and mediation
VICTORIA – Government introduced Bill 22 today, the Education Improvement Act, that suspends the teachers’ strike action and sets a “cooling off” period, appoints a mediator to facilitate bargaining, and implements a new $165-million Learning Improvement Fund and other enhancements to K-12 education.
Bill 22 imposes a cooling off period and suspends the teachers’ union strike action while calling on the assistance of a mediator. The legislation does not impose a new contract. Rather, it extends the previous collective agreement to cover the mediation period, with the goal of reaching a negotiated agreement by the beginning of summer.
If there is no agreement, then the mediator will issue a report by June 30, 2012 with non-binding recommendations.
The mediator will work to balance the interests of employers and employees and their mandate includes the ability to help find agreement on manner and consequences of class organization and the local-provincial split of bargaining issues. Their mandate also requires that any proposed solutions must not result in net new costs for school districts.
The Education Improvement Act also includes several initiatives that will benefit teachers, including the Learning Improvement Fund to help teachers meet complex needs in their classrooms and the restoration of class size and related matters to the scope of collective bargaining. The legislation streamlines and sets the stage for more effective consultations between teachers and administrators on class organization matters and mandates additional compensation for teachers where class size exceeds 30 students. Collectively, the improvements serve as the government’s response to last year’s B.C. Supreme Court decision on Bills 27 and 28.
Quotes:
Minister of Education George Abbott –
“We’re putting more money into the classroom, we’re improving supports for students and teachers, we’re providing additional teacher compensation where class size exceeds the student limit, and we’re restoring the opportunity to bargain class size and related matters. Taken together, these are significant gains that recognize the important role and contribution of teachers.”
“We are not prepared to see a school year pass without every parent in B.C. getting a full accounting of how their children are progressing in school. We are particularly concerned about the impact on vulnerable students. Using legislation to resolve stalled negotiations is never the preferred option, but we need to end the disruptive strike that’s creating a strain in our schools and classrooms.”
“We are hopeful that a mediator can help the parties achieve a negotiated agreement, in keeping with the more than 100 agreements already achieved under the government’s bargaining mandate.”
“The employers are prepared to talk about how to improve benefits for teachers, how to ensure the right teachers are matched to the right jobs and how to support good teachers so they can become great teachers. We hope that mediation can also re-engage the parties in a discussion of how we can make a great education system even better.”
“We hope the teachers’ union will take a constructive approach and respect the cooling off period. However, if they choose a different path, the legislation includes stiff financial consequences for illegal strike action.”
Learn More:
You can find the Feb. 23 report on the status of BCTF and BCPSEA negotiations (the Hughes Report) at: www.gov.bc.ca/citz/reports_publications.html
For more information related to K-12 teacher contract negotiations, visit: www.bcpsea.bc.ca
To read about BC’s Education Plan and get involved in the conversation, visit: www.bcedplan.ca
Contact:
Government Communications and Public Engagement
Ministry of Education
250 356-5963
Connect with the Province of B.C. at: www.gov.bc.ca/connect
BACKGROUNDER
For Immediate Release 2012
Feb. 28, 2012
Ministry of Education
Facts about BCPSEA and BCTF contract negotiations:
There have been 78 face-to-face negotiating sessions between the British Columbia Teachers Federation (BCTF) and the British Columbia Public Schools Employer Association (BCPSEA) since negotiations began on March 1, 2011. According to BCPSEA, the BCTF’s demand for a 15 per cent wage increase and other benefit improvements exceed $2.06 billion. Trevor Hughes, assistant deputy minister of Industrial Relations, Ministry of Labour, Citizens’ Services and Open Government, conducted an inquiry and on Feb. 23 issued a report the status of bargaining The Hughes Report concluded that parties have not been able to narrow the outstanding issues and it is very unlikely that they will be able to reach a voluntary settlement of their collective bargaining dispute. Under the net-zero mandate, there have been 130 agreements and agreements in principle covering 75 per cent of almost 300,000 unionized public sector employees and 75 per cent of public sector collective agreements negotiated to date.
The BCTF represents the last major group of employees yet to reach agreement under the net-zero mandate.
Cooling Off Period and Mediation:
Bill 22 imposes a cooling off period to the end of August, which suspends all strike and lockout activities while a mediator attempts to facilitate a negotiated agreement between the BCTF and BCPSEA. The mediator’s mandate is clear that any contract proposals or agreements cannot impose net additional costs on employers. The mediation period will run up to June 30, 2012; if there is no agreement, then the mediator will issue a report with non-binding recommendations by June 30. The mediator will seek to balance the employers and union’s demands and help find agreement on matters such as:
o manner and consequences of class size and composition,
o the local-provincial split of bargaining issues,
o effective feedback and evaluation of teachers to promote improvements,
o alignment of professional development with teaching needs, and
o scheduling and selection of teachers suited to student needs. The mediator can help the parties arrive at compensation improvements, whether to wages or benefits, by looking for trade-offs within the contract – just as other public sector unions have achieved under the net-zero mandate.
The existing collective agreement remains in effect during the mediation and cooling off period. The legislation includes stiff financial consequences for employers, BCPSEA, BCTF, and individuals engaged in illegal strike action or lockouts during mediation. The government will only bring the penalty section into force if it is needed to support the cooling off period.
Learning Improvement Fund:
This fall, the first $30 million from the Learning Improvement Fund will be allocated to classrooms with the highest need in the province. This will increase to $60 million in 2013-14 and to $75 million in 2014-15 and each year thereafter. Districts will be able to use funds to:
o hire additional teachers and special education assistants;
o provide additional teaching time; and
o support professional development and training to help teachers meet complex needs in their classrooms. This process will involve consultations with the union, classroom teachers, and district and school staff.
The new fund is in addition to the more than $850 million per year already ear-marked for special needs students.
Collective Bargaining on Class Size and Related Matters:
Bill 22 restores class size and related matters to the scope of collective bargaining, effective for the next round of bargaining expected to begin in Spring 2013. The act does not restore the collective agreement provisions in place prior to 2002. Future bargaining on class size matters will start from the most recent contract, which does not include provisions related to class size and composition. While full bargaining on class size will resume in the next round of bargaining, the mediator can address issues related to “manner and consequences” of class organization in the current round of negotiations.
Class Size Limits and Compensation:
Bill 22 eliminates the use of district class size averages and requires additional compensation for teachers with classes that exceed the maximum of 30 students in grades 4-12. If the principal considers the learning conditions appropriate, and if approved by the superintendent, a class may exceed 30 students but the school districts must provide additional compensation for the classroom teacher, proportionate to the added workload. The compensation can consist of additional preparation time, professional development funding, increased pay, or a combination of different accommodations. The new cap will not apply to some subjects where large groups are desirable, such as band and drama; for all other subjects, the 30 student maximum will apply.
The act maintains the strict class size limits for kindergarten to Grade 3; under no circumstances can classes exceed 22 students in kindergarten or 24 students in grades 1-3.
Consultation on Class Organization:
Bill 22 eliminates the formulaic and cumbersome consultation process that only applied when there were three or more students with special needs assigned to a class. The Minister of Education will seek an order-in-council to amend the school regulation to make it explicit, that as part of their core duties, principals have a duty to consult, and teachers have a duty to advise, on all matters of class organization, including the placement of students with special needs. The intent is to promote regular communication between teachers and principals about overall class organization and the allocation of resources to provide an effective learning environment for all students.
Contact:
Government Communications and Public Engagement
Ministry of Education
250 356-5963
Connect with the Province of B.C. at: www.gov.bc.ca/connect
February 9, 2012
Assistant deputy minister to report on teachers’ talks
VICTORIA – Labour, Citizens’ Services and Open Government Minister Margaret MacDiarmid has instructed the assistant deputy minister of industrial relations to report on the likelihood of a negotiated settlement between the BC Teachers’ Federation (BCTF) and the BC Public School Employers’ Association (BCPSEA).
The minister appointed Trevor Hughes to inquire into the dispute in response to a request from Education Minister George Abbott. Hughes has been with the labour ministry since October 2008 after gaining 16 years of direct collective bargaining and labour relations experience in the broader public sector. The industrial relations division of the ministry monitors and, when requested, offers assistance in collective bargaining disputes that impact the public interest.
Hughes will meet with the parties over the next two weeks and provide a report to MacDiarmid by Thursday, Feb. 23.
***
October 14, 2011
Student Assessment – reporting student progress
As we near the time of the year where parent-teacher interviews typically occur and report cards come home, I’d like to advise everyone as to how the job action will impact reporting of student progress.
As you may already know, the Labour Relations Board essential services order provides that teachers need not:
- Participate in meetings or interviews with parents/guardians outside of instructional time, or
- Participate in meet the teacher activities outside of instructional time, or
- Prepare or distribute report cards, or
- Provide any student assessment data to principals or school office staff, except Grade 12 marks required for graduation, post-secondary applications and scholarship purposes.
The NVTA has indicated that teachers will continue to focus on instruction and will continue to assess student progress. They have also confirmed that teachers may continue to communicate with parents in informal meetings, phone calls and emails to discuss student progress.
If you wish to arrange a meeting or have questions regarding your child’s progress, please contact the appropriate teacher directly. A number of our schools have posted the staff directory to their school websites to help facilitate direct contact by e-mail.
Although teachers need not prepare or distribute report cards during Phase 1, they are assessing and evaluating your son/daughter on a regular basis and can provide you with your child’s status in their areas of instruction.
We understand students and parents traditionally rely on the valuable information contained in report cards. If any concern arises regarding communications between teachers and parents during the phase of job action, parents may wish to contact the NVTA office (604.988.3224) or the school principal or vice-principal.
Please note that students who attend classes taught by vice principals or principals will receive a report card that provides marks for those classes.
Updates will continue here and through your principal, and your school’s e-mail system.
Thank you for your understanding and patience as we continue to work through job action.
British Columbia Public School Employers’ Association (BCPSEA) issues September 18, 2011 news release: “Arbitrator agrees with employers’ association”
VANCOUVER – Arbitrator Jackson, in her final decision on the provincial–local split of issues, has agreed with BCPSEA and issued clear direction to the BC Teachers’ Federation,” said Melanie Joy, Chair of the BC Public School Employers’ Association (BCPSEA)…
Find the complete news release from the BCPSEA, here: BCPSEA~1
***
September 8, 2011
Minister of Education George Abbott’s message to parents and families at the beginning of the new school year.
Back to school message from
B.C. Education Minister George Abbott
This is an exciting time for B.C. students. As another school year begins, they’re heading back to class with fresh memories of recent successes and high hopes for their future education. It is our job to make sure we nurture, encourage, and equip them to achieve their best.
At the same time, we’re starting the year under a cloud. As you know, the government is involved in negotiations with the B.C. Teachers’ Association around a collective agreement. Those negotiations have not been successful to this point and the BCTF has made it clear it intends to take job action this fall.
While I am disappointed at the timing, the BCTF president has assured me the pending job action won’t affect student learning and that teachers will continue to focus on students in the classroom.
However, like many parents out there, I am naturally concerned about the ramifications around teacher-parent communication. What are the implications for parents who won’t have access to updates on their children’s progress in school? The union says its members won’t be supplying report cards.
Our concern is that parents may not get the information they need about how their children are doing. It is, to say the least, a difficult situation. The teachers of this province are second to none, and they work hard to create a teaching environment where every student can reach their full potential – not only as learners, but as human beings. My hope is that all parties can quickly come to a rational solution so that job action can be avoided and we can truly return the focus to maintaining and improving our great education system.
For our kids’ sake, B.C. teachers need to be the best-supported in the world. To do that, we must raise the bar for pre-service training and standards; we must have the highest standard of conduct; and we must have teachers remain current and demonstrate continued excellence throughout their career.
The simple fact is that the union’s demands for increased benefits and wages come at a time when the vast majority of public servants in British Columbia have agreed to no wage increases at all. This recognizes the very difficult economic situation the province is in. We are continuing to battle the economic storms that are still battering North America and the world and we are trying to get ourselves back on track financially by coming to terms with the provincial deficit.
What British Columbians need now are cool heads focused on the task at hand, honest, open negotiations that will treat our teachers fairly in the context of today’s realities and ultimately result in what is best for students, parents and families.
Media contact:
Ministry of Education
250 356-5963
Connect with the Province of B.C. at www.gov.bc.ca/connect
August 31, 2011
Q&A
for
Parents and the Community
Job Action and North Vancouver Schools
Overview
The most recent collective agreement between the BC Teachers’ Federation and BC Public School Employers’ Association expired at the end of June. Negotiations for a new provincial collective agreement have now resumed. At this time, we are hopeful that a new contract can be achieved that is satisfactory to everyone and we approach our responsibilities to the bargaining process with professionalism and optimism.
The BCTF will commence Phase 1 job action in all school districts inBritish Columbiaon September 6, 2011. Please be aware that all schools are open as usual.
During Phase 1 of job action, teachers throughout the province are withdrawing from administrative meetings and related tasks. They may not prepare or distribute report cards, except Grade 12 marks required for graduation, post-secondary applications or scholarship purposes.
The North Vancouver School District acknowledges that the BCTF is participating in legal job action. During this time, the District is committed to making every reasonable effort to continue to support student learning.
Questions and Answers
Has job action been initiated by the British Columbia Teacher’s Federation?
72 hours’ strike notice was served on August 31st by the BCTF and Phase 1 job action will commence on September 6, 2011. Any subsequent phase of job action will require notice from the BCTF and approval by the Labour Relations Board.
Will there be picket lines at my child’s school on September 6th?
There are no picket lines in Phase 1 of job action.
How will students be supervised during recess and lunch hour?
In the North Vancouver School District, CUPE employees and school-based administrators (principals and vice principals) provide supervision services for students during recess and lunch hour. This is part of our standard service model, and is not impacted during Phase 1 job action.
What services will teachers perform at the start of the school year?
Teachers will teach in the classroom, prepare and plan lessons, perform—but not distribute— assessment, evaluations and marking. For the first few days of September, they are also expected to participate in basic activities of school start-up for the year.
I heard that teachers will not provide report cards for students during job action. Is this true? How can I stay informed of my child’s progress?
Yes, this is a service which teachers are permitted to withdraw from performing. However, the first scheduled report cards of the year are not released until November. We are hopeful that an agreement will be reached before that time.
If you have questions about your child’s progress, please contact your child’s teacher directly. If you have difficulty accessing them, please contact the North Vancouver Teacher’s Association (NVTA) for advice on how to proceed. The NVTA can be reached at: 604.988.3224.
My child has designated special needs. Will my child’s teacher be available to discuss their situation if necessary?
Teachers will continue to communicate with administrators regarding students with special needs as necessary. Teachers are expected to continue to support activities directly related to the health and safety of students. If you have concerns about your child and experience difficulty contacting your child’s teacher during job action, please contact the NVTA (as above) or your school’s principal or vice principal.
Will there be any extra-curricular activities at school this fall?
During Phase 1 of the strike, extra-curricular activities are not affected and they may continue if teachers choose to lead/sponsor them.
Will there still be Pro-D days during job action?
There has been no change to the school calendar at this time. Pro-D days remain in effect.
Can my school host its traditional “Welcome Back Barbeque” or similar events?
Yes. These types of events are PAC sponsored and not affected by teachers’ job action.
Where can I get current updates on the status of the job action?
As discussions proceed, there are several options available to stay up to date. The British Columbia Public School Employers’ Association facebook page will provide regular updates, and you can also visit their website, and subscribe to their RSS feeds at: http://www.bcpsea.bc.ca/
The BCPSEA’s “Video Series on Essential Services” is a good place to begin.
As well, we will provide updates to parents through our standard “Schools Connects” email system, as well as a new online channel The Superintendent’s Blog. You’ll find the blog link at: http://blog44.ca/superintendent
How will this job action affect the entire school year?
While negotiations are now at a very significant stage, it’s important not to lose sight of the strong position in which we begin this school year. As a school district, it is our commitment to provide services to students to the very best of our abilities, regardless of the duration of any job action.
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August 30, 2011
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