Government
Withdraws Bill 160 Clauses on Non-Certified
Instructors
The Ontario College of Teachers took a
stand against provisions in the Education Quality
Improvement Act, 1997 that undermined the
College’s public accountability for ethical and
professional standards in Ontario’s classrooms.
The government has now withdrawn four clauses in the
bill that would have allowed cabinet to put
non-certified instructors in sole charge of classes
and courses.
The
College’s recommendations to the Ministry of
Education and Training have resulted in significant
changes to Bill 160.
As the committee
reviewing the bill began clause-by-clause examination
of the legislation, Education and Training Minister
Dave Johnson announced the withdrawal of
regulation-making powers that appeared to undermine
the mandate of the College to certify teachers and
determine their qualifications.
"We are pleased
that Mr. Johnson has listened to the College and
removed the possibility that non-certified
instructors will replace qualified teachers in
Ontario’s classrooms," said College Chair
Donna Marie Kennedy.
The College had
recommended the withdrawal of four clauses of the Education
Quality Improvement Act, 1997. The minister withdrew all four.
Registrar Margaret
Wilson said, "These amendments deal specifically
with professional issues that affect the
College’s mandate. We were very concerned that
these sections would undermine the College’s
accountability to parents and students for
professional standards and ethics."
College Council, meeting
in a special session on October 16, had passed a resolution calling for the withdrawal of
the four clauses after College legal counsel Tom
Forbes told the members that his examination of Bill
160 clearly showed that instructors who were not
qualified members of the College could be placed in
sole charge of classrooms.
Johnson, who had just
been appointed Minister of Education and Training,
wrote to College Chair Donna Marie Kennedy the day
after the Council meeting. "It is certainly not
this government’s intention that Bill 160 would
change teacher qualifications or alter the role of
the College," he said in his letter. "The
government and the College agree that classroom
teachers should not be supplanted by unqualified
persons."
But the College
registrar told MPPs reviewing the bill that,
"Subsection 4 is very specific. ‘A
regulation may establish different requirements for
different classes of teacher,’ which means that
you would have a College of Teachers running a
regulation, which was transferred to us on May 20
this year, on one class of teacher and apparently the
Ministry of Education running a parallel
operation."
Kennedy, Wilson and
College Vice-Chair John Cruickshank presented the
College brief to the Standing Committee on the
Administration of Justice on October 20 just hours
after they met for the first time with the new
education minister.
"Students have the
right to be taught the subjects covered by the
province’s curriculum by teachers who are
qualified and accountable for their practice,"
Kennedy told the MPPs.
The College
representatives told the committee that the bill
would undermine public accountability by creating two
classes of teachers – those required to belong
to the College and subject to standards of practice
and professional conduct, and those who are
ineligible for membership and not accountable for
their conduct or teaching practice.
Wrong
Assumption
Donna Marie Kennedy told
the committee that the teaching profession is deeply
concerned about the thinking that appeared to
underlie sections of the bill. "There seems to
be an assumption that possession of knowledge and
skill is synonymous with the capacity to impart that
knowledge and skill to elementary and secondary
students.
"The research on
effective teaching clearly shows that this assumption
is wrong."
A committee member
wanted to know the College’s position on
"Wayne Gretzky coming to your school and
teaching hockey to a class."
Cruickshank told the
MPP, "Of course, anyone at that skill level will
be welcome in a school to help present a particular
skill to youngsters, but that’s teaching in a
very narrow area. There are few people in the world
like Wayne Gretzky who can make a living out of it.
For the vast majority of youngsters who are
interested in it, that’s not going to be their
world. That would be a nice motivational thing for
them, but it’s not instructional programs.
"But in and of
itself, as the principal of a school, we need the
trained teacher, not just someone with a very
specific and narrow skill area who can’t connect
it to the broader base of an educational program that
is critical for our young people as they move
forward. We don’t know what our graduates’
world is going to look like 12 years from now, but we
can’t provide them with a narrow set of skills.
We have to teach them at a much broader base."
College Resolution on
Bill 160
The College Council met
in a special session on October 16th to discuss the
sections of the Education Quality
Improvement Act, 1997
that affect the mandate of the College. The focus for
discussion was this motion:
Whereas
the Legislature granted the teaching profession the
right of self regulation and assured the public that
the profession would be accountable by establishing
the Ontario College of Teachers on June 27th, 1996 and
Whereas
the Ontario College of Teachers is responsible –
and publicly accountable – for regulating the
profession of teaching; for developing, establishing
and maintaining qualifications for membership in the
College; for accrediting teacher education programs;
and for establishing and enforcing professional and
ethical standards applicable to members of the
College and
Whereas
the Minister of Education and Training pledged on
July 21, 1997 to consult with the College on issues
related to teaching qualifications and
Whereas
sections 81 and 118 of Bill 160 will create the need
for a parallel structure to the Ontario College of
Teachers and
Whereas sections
81 and 118 of Bill 160 undermine the College’s
public accountability for ethical and professional
standards in Ontario’s classrooms
Be it resolved:
that the Council of the Ontario College of Teachers
recommend to the Minister of Education and Training
that references to clauses 170.1 (3) (e), (4), and
(5) of the Education Act as outlined in section 81 of
Bill 160, and clause 262 (2) of the Education Act as
outlined in section 118 of Bill 160 be withdrawn.
The resolution was
debated in committee of the whole and approved by a
vote of 20-7.
Non-Certified
Instructors – A Chronology
- The issue of
allowing school boards to use personnel other
than certified teachers in fields such as
guidance, library sciences and computer
technology surfaces in:
The Royal Commission on
Learning report For the Love of Learning, January
1995
The Ontario Public
School Boards’ Association (OPSBA) report, Removing
the Barriers to Cost-Effective Education, September 1995
- On March 6, 1996,
then-minister John Snobelen announces the
"appointment of a small group to
investigate and make recommendations, by the
summer, on the feasibility of having
qualified personnel who do not have an
Ontario Teacher’s Certificate perform
functions such as library, career
counselling, and computer-related
services."
- In July 1996, the
ministry announces the creation of the
Differentiated Staffing Project.
- In late spring of
1997, Education Minister Snobelen requests
advice from the newly established Education
Improvement Commission (EIC) to assist in
developing a new funding model.
- The Council of the
College, at its first meeting on May 1, 1997,
resolves: That the Chair and
Registrar communicate to the Minister of
Education and Training the position of the
Council that all requests to the Minister for
alterations in the qualification requirements
for those who deliver educational programs in
Ontario schools be forwarded to the College
for consideration, and that the Minister hold
such requests for authorization in abeyance
until the College has provided a decision or
authorization.
- College Chair and
Registrar meet with Education Minister John
Snobelen on July 21st. He agrees that several
meetings would be arranged between the
College and the Minister to "discuss the
issue of teaching qualifications, after the
Education Improvement Commission has reported
on the issue to (the Minister)".
- EIC reports on
September 11th – recommends allowing
instructors who are not certified teachers
"to supervise students, under specific
conditions and circumstances, and to deliver
certain programmes (e.g. guidance, sports,
technology)". This measure is intended
as a means of giving boards "more
flexibility in their programme delivery and
school organization while ensuring that
education quality is maintained or
enhanced".
- On September 11th,
College Chair issues a public statement
expressing "serious reservations about
the Education Improvement Commission’s
recommendation to add instructors who are not
qualified teachers in the province’s
schools" and stating that the
"proposal would undermine accountability
to parents and students".
- Bill 160, the
proposed Education Quality Improvement Act,
1997, receives first reading in the
legislature on September 22nd. It includes
four clauses that undermine the
College’s accountability for
professional standards and ethics:
Clause 170.1 (3) (e):
The Lieutenant
Governor in Council may make regulations, (…)
designating positions that are not teaching positions
and duties that are not teachers’ duties and
prescribing the minimum qualifications for a
designated position or for performing designated
duties.
Clause 170.1 (4):
A regulation may
establish different requirements for different
classes of teacher, class, position, duty, school or
any other variable.
Clause 170.1 (5):
It shall not be
presumed that a person is required to be a teacher
solely because he or she holds a position that is not
designated under clause (3) (e) or performs duties
that are not designated under that clause.
Clause 262 (2):
A person who is
employed in a position or who performs duties
designated by a regulation made under clause 170.1
(3) (3) is not required to be a teacher.
- College Council
meets in special session October 16th,
debates and passes resolution calling for withdrawal
of four clauses.
- October 17th,
newly-appointed Minister of Education and
Training Dave Johnson writes to Chair and
Registrar, "It is certainly not this
government’s intention that Bill 160
would change teacher qualifications or alter
the role of the College."
- College Chair Donna
Marie Kennedy, Vice-Chair John Cruickshank
and Registrar Margaret Wilson meet the
education minister on October 20th.
- October 20th,
College presents its position to Standing Committee on
the Administration of Justice.
- Discussions
continue between College and ministry staff.
- October 30th,
Minister of Education and Training Dave
Johnson announces that the government is
withdrawing all four problem clauses.
