The Alberta government is looking to reform how the province deals with teacher discipline currently handled by the Alberta Teachers Association (ATA) and the Registrar at Alberta Education, depending on where a teacher is employed..The governance structure has long been criticized as a conflict of interest as the ATA — which employs approximately 46,000 teachers, compared to the registrar with approximately 7,000 — is the collective bargaining agent in place to advocate for its members, yet is tasked with the responsibility of overseeing complaints of alleged unprofessional conduct of its members..In December, Minister of Education Adriana LaGrange committed to reviewing and addressing these long-standing opposing interests after it was revealed Calgary teacher Michael Gregory got away with decades of sexual assault on children..Five days after being charged in February 2021 with 17 counts of sexual assault involving six students, Gregory took his own life. Following his death, a police investigation revealed other victims..A $40 million lawsuit has been filed against the Calgary Board of Education and Gregory’s estate alleging teachers knew about his behaviour but said nothing..With Bill 15 — Education (Reforming Teacher Profession Discipline) Amendment Act — the Government of Alberta said it is committed to “strengthening the teaching profession and improving the current governance structure” that oversees the discipline of teachers to ensure greater accountability, transparency, student safety and public interest as well as address gaps, inefficiencies and conflicts of interest..If passed, Bill 15 would create the Alberta Teaching Profession Commission (ATPC) and appoint an arms’-length commissioner to oversee all complaints of unprofessional conduct and competency issues against teachers and teacher leaders..“Alberta’s government is committed to ensuring student safety is at the centre of our disciplinary processes,” said LaGrange..“I want parents and the public to have peace of mind and know that we are improving accountability in the process, enhancing the reputation of the teaching profession and increasing public assurance when it comes to oversight of discipline matters.”.ATA President Jason Schilling called Bill 15 a “vindictive piece of legislation designed to punish the teaching profession.”.“The minister is misrepresenting cases and revictimizing students and witnesses for her own political advantage,” said Schilling..“This is a crass, insensitive bid to undermine public confidence in teachers and the ATA. The minister’s plan is to professionalize teachers, and in doing so, she will destabilize one of the best performing public education systems in the world.”.ATA’s chief executive said the bill will “fundamentally change how the ATA operates within the education system.”.“This bill strips out an integral piece of our professional identity and culture,” said ATA Executive Secretary Dennis Theobald..“It will change fundamentally the collaborative, collegial culture that has evolved here over decades and has contributed to Alberta’s success in education.”.“The ATA has always taken its work in discipline very seriously, and we have managed this process in a way that has always maintained the honour and dignity of this profession by protecting the public interest,” said Schilling adding teachers and the ATA plan to fight Bill 15..Within Alberta’s current system — a Dual system model — the ATA assesses disciplinary complaints for active members and the registrar at Alberta Education oversees the disciplinary process for all other teachers who are not active ATA members. The government then issues certification..Whereas in most other provinces, with the exception of BC, Ontario and Saskatchewan, the provincial governments play a significant role in overseeing teacher discipline processes with additional checks and balances from arms’ length adjudicative committees. In some cases, the union or professional organization may also play a role. The government then issues certification..In BC, the disciplinary system is a hybrid where the government has significant operational roles but an externally appointed commissioner oversees the process. The government in BC also issues certifications..In Ontario and Saskatchewan, an arms’ length professional organization oversees all matters of professional discipline for teacher members and the organization itself issues the certification..Todd and Loni Snow of Raymond, Alberta, said they’re happy to see the proposed reform after dealing firsthand with a complaint against a teacher that took five years to resolve..“As parents, we have been very disappointed in the current ATA disciplinary process,” said parents Todd and Loni Snow..“Students, parents and the public need to know we have an advocate separate from the teachers’ union and that our voices will be heard. It is our hope that the creation of an.arms-length Alberta Teaching Profession Commission signals that students will be at the forefront of the process moving forward and families will not experience the frustration ours has over the last five years.”.“We are pleased to see the current government taking steps to protect vulnerable children by aligning teacher disciplinary processes with other jurisdictions and regulated.professions.”.The Alberta government is proposing a new model that would see an independent commissioner oversee disciplinary matters with government staff support and remove the function from the ATA to eliminate longstanding conflicts of interest.. Capture .All complaints made against a certificated teacher or teacher leader would be addressed under one legislative structure under the proposed Bill 15 — the proposed Alberta Teaching Profession Commissioner — would be responsible for addressing the complaint..“Creating a new model for teacher and teacher leader discipline overseen by a commissioner would bring Alberta in line with comparable provinces and other regulated professions, such as (nursing), where an arm’s-length organization oversees disciplinary matters,” said the province in a news release..“This legislation is the next step that builds on the Students First Act, 2021. The online teacher registry will make publicly available all hearing, appeal and minister decisions where there is a finding of unprofessional conduct or professional incompetence, as well as consent resolution agreements initiated by the Alberta Teaching Profession Commissioner.”. 2Proposed Complaint Process graphic courtesy Government of Alberta .If passed, the Reforming Teacher Profession Discipline Act would:.Create an Office of the Commissioner to give the commissioner authority to oversee a significant part of the process for complaints of alleged unprofessional conduct and professional incompetence made against any Alberta certificated teacher or teacher leader.Lead to greater accountability, public assurance, and consistency in addressing complaints under one legislated governance structure by the commissioner’s office.Make the registrar, who is already established and operating within Alberta Education, responsible for the intake of all complaints.The Alberta Teaching Profession Commissioner would have the authority to address and investigate a complaint and determine the most appropriate course of action to take regarding a complaint.Enhance the teacher and teacher leader registry, starting in September 2022 when the registry is launched, to include consent resolution agreements and all decisions where there is a finding of unprofessional conduct or professional incompetence.Combine the effectiveness of the Commissioner model in British Columbia and some arms-length features of Saskatchewan’s Teacher Regulatory Board such as posting upcoming hearing dates to ensure greater transparency.Set out in regulation processes related to how current complaints will be transitioned from the ATA and the registrar’s office to the commissioner ensuring procedural fairness in completing these matters.Reinforce requirements for stakeholders in the education system such as the registrar, commissioner, ATA, CASS and employers to report to police where there may have been serious harm or a threat to student safety.“The ATA would have you believe that this is an attack on teachers,” said LaGrange in a Thursday press conference..“Nothing, but nothing could be further than the truth.”.“At its core, this is about keeping students safe.”.LaGrange said she has heard from many current and former students and parents about the frustrations around the conflict of interest with the ATA overseeing complaints of its members and said, “this simply cannot continue.”. 3 .Also proposed by the province is a Professional Conduct and Competency General Panel comprised of teachers and public members who would adjudicate matters and oversee dispute resolution. A hearing and appeals committee structure would be set out in regulation..A single Code of Professional Conduct would be set out, in place of the two separate codes of conduct that currently exist..Bill 15 would also aim to strengthen the “Duty to Report” requirement that currently requires an employer to report to the Registrar only when employment is suspended, terminated, there is a resignation or retirement..As well, a requirement to report to police serious conduct where student safety is threatened would be added to the legislation, similar to the types of reporting requirements set out under the Child, Youth and Family Enhancement Act..“I applaud the government’s efforts to reform the discipline process used in Alberta schools,” said Sheldon Kennedy, co-founder of Respect Group Inc..“Professions and organizations all across North America are modernizing and refining their policies and processes to ensure they are unbiased, support victims and ensure transparency for the public. I’m pleased to see Alberta’s education system doing the same.”.“Placing students as the first priority in the education system and promoting the public interest in this regard are essential values to uphold for regulated members within the College of Alberta School Superintendents,” said Wilco Tymensen, president, College of Alberta School Superintendents..“Therefore, CASS supports aligning conduct and competence discipline processes for all teachers, principals, and system leaders in our province. CASS believes that strengthening an overall duty to report within legislation and the establishment of consistent processes will only enhance public assurance and student safety.”.The Association of Alberta Public Charter Schools (TAAPCS) also supports the Alberta government’s “efforts to modernize the discipline process” in Alberta..“We appreciate that charter school teachers and educational leaders will be part of one united set of processes, overseen by the newly created Alberta Teaching Profession Commission,” said Ron Koper, chair, TAAPCS..The Association of Independent Schools and Colleges of Alberta (AISCA) has also shown support for Bill 15..“AISCA and our members support a discipline process that provides assurance to the public and due process to teachers and teacher leaders,” said Simon Williams, AISCA president..“Our association looks forward to working with government in adjusting the teacher discipline model to further enhance public confidence and transparency in the process. We will continue to provide input to the Government of Alberta as details of the Alberta.Teaching Profession Commission are finalized.”.When asked if the UCP is “union-busting” with Bill 15 — having been at odds with the ATA on past matters — LaGrange said her government is looking to ensure student safety and the union will retain its professional commitments and advocacy interests to its members..LaGrange said her ministry will shoulder the cost of setting up the commission, however, further details on any cost-sharing between the government and the union will come at a later date. She also said the province has a “great relationship” with Alberta teachers and said she has received positive feedback on the proposed changes from several teachers..Melanie Risdon is a reporter with the Western Standard.,.mrisdon@westernstandardonline.com
