The Alberta Teachers’ Association

Pre-employment

Certification

The Registrar at Alberta Education is responsible for the evaluation of credentials and issuance of certification for teachers in Alberta.

The requirements for interim professional certification in the province are a minimum of sixteen years of schooling, inclusive of four years of university education, and a recognized degree that includes, or is supplemented with, a structured, preservice teacher preparation program from an institution acceptable to the minister of education. The program must include, at minimum, 48 semester-hour credits (1 and 3/5 years) in professional teacher education coursework, inclusive of a minimum of 10 weeks in supervised student teaching at the elementary or secondary level. Currently, all preservice teacher education programs in Alberta exceed the minimum requirements both in the amount of coursework and weeks of practicum that are required to complete their programs. Depending upon the institution, up to one year of advanced credit may be given to qualified journeymen (including certified) who enter the vocational education route and to persons holding acceptable credentials in music, drama or art.

For applicants who have graduated from a teacher education program at an Alberta institution, an interim professional certificate is generally issued on the recommendation of the dean of a faculty offering a bachelor of education program, providing other qualifications have been met.

The certificate is valid for up to three years with the possibility of extension if needed.

Graduates from an Alberta Bachelor of Education program with an employment offer are also eligible for a 90-day temporary teaching authority.

1. Submit your Interim Professional Certificate (ICP) application, including all required documentation, and submit your fee at least 8 weeks before the end of your degree program.

2. In approximately 20 business days you will get a pre-certification letter.

3. Request an offer letter from your employer.

4. Take the pre-certification letter and the offer letter from your employer to the Dean of your Education faculty and request a letter stating you have successfully completed your program.

With these three letters, you are authorized to teach for 90 days.

To move to permanent certification, an individual must have taught for a minimum of two full school years (or equivalent) in the province’s school system (public, separate, private, charter, francophone and band schools), receive two successful formal evaluations, and receive a written recommendation for permanent certification by the superintendent of schools or other officer acceptable to the minister of education, attesting that the teacher’s practice consistently demonstrates the competencies for permanent certification as identified in the Teaching Quality Standard Applicable to the Provision of Basic Education in Alberta, Ministerial Order (#016/97).

Due to the recent Agreement on Internal Trade (AIT), teachers from outside Alberta who hold valid Canadian certification, can obtain certification in Alberta without additional training and examination, with the exception of teachers who hold a certificate with a limited scope of practice. A teaching certificate with a limited scope of practice is one that restricts teaching practice to certain grade levels or specific subject areas. The AIT is only applicable to teachers who hold a valid teaching certificate from another Canadian jurisdiction. It does not apply to teachers who hold a certificate that has been suspended or revoked or has expired.

Two types of certificates can be issued in Alberta to teachers with Canadian certification:

1. Certificated teachers from Canadian jurisdictions whose scope of practice as denoted on their teaching certificates is the same as in Alberta (can teach in kindergarten through Grade 12) will be granted an interim professional certificate with no additional requirements.

2. Certificated teachers from Canadian jurisdictions whose scope of practice as denoted on their teaching certificates is different from Alberta’s scope of practice may be issued an Internal Trade Letter of Authority (AITLA). The letter will include the same conditions on scope of practice (grade levels and subject areas) as established by the current certificating jurisdiction.

The letter of authority is issued for three years and can be renewed. However, in accordance with the deficiency letter from Alberta Education, teachers can take additional coursework to meet the requirements for interim certification and can then apply for an interim professional certificate. Only days taught under an interim professional certificate, can be counted toward permanent certification.

Teacher Qualifications Service

The Teacher Qualifications Service (TQS), established under the Memorandum of Agreement between the Alberta Teachers’ Association, the Alberta School Trustees’ Association (now the Alberta School Boards Association) and the Department of Education, is the agency in Alberta responsible for evaluating a teacher’s years of education for salary purposes. All public, separate and francophone school boards in the province, as well as some private boards accept evaluations issued by the TQS for the purpose of helping to determine a teacher’s placement on the salary grid. School boards use a teacher’s TQS evaluation (which is based on years of acceptable education), along with an assessment of the teacher’s years of teaching experience (as governed by the relevant collective agreement), to ascertain a teacher’s ultimate placement on the salary grid.

Obtaining a position

Whether new to teaching in Alberta or merely wishing to change employers, most teachers secure a teaching position by applying to the superintendent. Sometimes application is made on forms provided by school boards or online; however, it is common for teachers to write their own letters. An application must specify the teacher’s desires with respect to geographic location, grade level and subject preference. A copy of the application letter should be retained since it may be the only record of any conditions that the teacher placed on the type of assignment deemed acceptable. If the application was in response to a specific advertisement, a copy of it should be kept as well. Copies of all correspondence should be kept.

An applicant should attach copies of evaluation reports, if any. University transcripts and recent student teaching reports are often required for new teachers. Copies rather than original documents should be used to avoid loss of originals. Catholic jurisdictions usually require a reference letter from a priest or pastor.

The teacher should maintain a permanent file of all original documents and retain a list of all boards to which applications are submitted.

Teaching Contracts

Nature of a teaching contract

In Alberta, a teacher’s contract is made up of three parts: (a) an exchange of offer and acceptance, (b) specified clauses of the Education Act and (c) the collective agreement between the employing board and the Alberta Teachers’ Association. The first part may contain specific provisions that do not conflict with the other two.

Section 205 of the Education Act deals with contracts of employment between a board and a teacher.

Note that the offer and acceptance, which together constitute a contract, shall be in writing and may be delivered by a variety of methods, including by hand.

The Education Act does not specify the period of time to elapse between the receipt of the offer of employment and the acceptance in writing by the teacher. The significance of this fact is that the teacher and the person acting on behalf of the board must agree on the period of time that the teacher will be allowed to decide about the position. Ideally, that period would be specified in the offer. If it is not, the teacher would be wise to clarify this point if wishing to wait a few days before accepting. A teacher should be wary of a verbal offer of a position when it is not immediately confirmed by an offer in writing.

The offer of a position and its acceptance within the agreed time limit, both in writing, constitute a contract of employment between a teacher and a school board. All the terms and conditions of employment that are contained in the collective agreement between the Alberta Teachers’ Association and the employing board apply to each teacher and are part of the individual’s contract. No teacher can agree with a board to accept conditions or responsibilities that are in conflict with those specified in the collective agreement.

A further requirement is that no agreement between a board and a teacher is valid if it negates or contravenes those matters covered by sections 204 to 207 and 209 to 219 of the Education Act. These sections define the length of the contract, give the superintendent the right to transfer a teacher, specify the conditions under which a board or a teacher can terminate a contract of employment, specify the reasons and manner in which a suspension or termination of a teacher can be carried out and provide the teacher with the right to appeal to the Board of Reference in case of a suspension or termination. Therefore, all these matters must be handled in a manner consistent with the statute and not by any other mutual agreement in conflict with it. No teacher should sign a contract that purports to waive or supersede these rights without first seeking advice from the Association.

Section 205(3)(c) allows the board and the teacher to specify further contract provisions about matters that are not dealt with by either the collective agreement or the aforementioned sections of the act. If, for example, the collective agreement does not in any way specify conditions for noon-hour supervision or for cocurricular activities, it would be permissible for the board and the teacher to make some agreement about such a matter. Teachers could make use of this section to specify grade level or subject matter assignments that they are willing to accept. Teachers offered conditions about which they are dubious should consult the Association prior to accepting the offer.

Probationary contracts

Most teachers, particularly those just entering the profession or new to the province, will start employment with a board under a probationary contract, a provision introduced by the Education Act 1988. Section 206 sets out the requirements. The contract must be for a complete school year, cannot be offered to someone employed by the board in the preceding school year (other than as a substitute or temporary contract teacher—see below) and will terminate on the following June 30. If, at the end of the year, the employer’s evaluations of the teacher so indicate and the teacher agrees, the probationary contract may be extended for an additional period not exceeding a second full year.

Continuing contract

A board may employ a teacher on continuing contract. If the board has been employing the teacher either under a probationary contract (or an extended probationary contract) or under an interim contract, and the board wishes to employ that teacher in the next school year and the teacher agrees, the teacher is on a continuing contract. While this is the normal process, a board can also offer a continuing contract to a teacher new to the division or a teacher who has been on temporary contract provided these teachers have demonstrated successful teaching with at least two full evaluations. If the board does not wish to employ such a teacher, it is not legally required to provide the teacher with reasons for that decision, assuming that it is acting in good faith. However, it is morally obligated to do so. A teacher in such a situation, if genuinely ignorant of the reasons, should request them from the superintendent.

The continuing contract is a contract that remains in force from year to year without any further documentation being required. Any teacher offered a contract that does not conform to this requirement should immediately consult an Association staff officer prior to any action on the contract offer.

Substitute teaching

A teacher may, under section 208 of the act, be employed (a) on a day-to-day basis or (b) to occupy a vacancy that is expected to be less than 20 consecutive teaching days. It frequently happens that the teacher being replaced is absent for a period that is expected to be 20 teaching days or more. In this event, a temporary contract, which provides 30 days’ notice of termination, should be provided. Whether or not a temporary contract comes into effect, most collective agreements provide that, after a specified number of consecutive teaching days in the same position, salary changes from substitute pay to that determined by the salary grid. A few agreements provide full grid placement from day one.

Temporary contracts

Section 209 of the act deals with temporary contracts. These are used when a teacher is employed to replace a teacher who is expected to be absent for 20 or more consecutive teaching days. This written contract must specify the starting date; it may specify the ending date, but if it does not, it ends on June 30. It may be terminated earlier by either party giving 30 days’ notice to the other. In this event there is no appeal to the Board of Reference.

Teachers are cautioned about temporary contracts that expire “on the return of the teacher.” Although this clause provides a legitimate reason for the board to terminate the temporary contract, the board must still provide 30 days’ notice as required under the Education Act.

Interim contracts

The interim contract is described in section 210. Although there is a suggestion that this was intended to provide for limited time projects, nothing in the act restricts it to that purpose. Rather, it seems that the most common use will be for employing teachers new to the system who start work after the year has begun. An interim contract can be for up to 360 consecutive teaching days and may be offered only to the same individuals who would also qualify for a probationary contract. It normally expires on June 30, but a different date may be specified in the contract.

A probationary contract may not immediately follow an interim contract nor vice versa.

Part-time teaching

Any of the preceding employment contracts may be on a part-time basis. In the case of probationary and interim contracts, all requirements should be interpreted as full-time equivalents. Thus a probationary contract that is half-time could be valid for two years or an interim contract could be for up to 720 half-time consecutive teaching days. A continuing part-time contract, like a continuing full-time contract, is subject to appeal to a Board of Reference if terminated by one party. However, if the teacher is employed under a part-time contract, there is a unique provision: the board may vary the fraction of time the teacher is required to teach in the subsequent year or semester. If the board varies the amount of time and the teacher does not agree to teach for that new amount of time, the board may terminate the contract. In that event, except in unusual circumstances, the teacher does not have the right to appeal to the Board of Reference.

Drastic changes in the amount of assigned time under a part-time contract may constitute a constructive termination of the contract. Contact an Association staff officer if you are in this situation.

Transfer

Transfers

Section 212 of the Education Act provides that a superintendent may transfer a teacher from one school to another at any time during the school year. In carrying out a transfer, the superintendent must give the teacher at least seven calendar days’ notice in writing. If the teacher wishes to contest the transfer, a written request for a hearing before the school board must be made within seven calendar days of receiving the transfer notice. If the teacher does request a hearing, the transfer may not take place until the hearing has been conducted by the board. The hearing must be scheduled not earlier than 14 days from the day the teacher received the transfer notice. If the teacher is unsuccessful in persuading the board to reverse the superintent’s transfer decision, the teacher may decide to resign upon 30 days’ notice. If so, the transfer does not take effect; the board must pay salary to the termination date but may relieve the teacher of further duties forthwith (see flow chart).

Teachers wishing to appeal a transfer should obtain advice and assistance from an Association staff officer. No public announcement of the transfer should occur until after the hearing.

Transfer of teacher

Suspension and Termination

Resignation

The Education Act, in sections 215 and 216, provides that either a school board or a teacher may terminate a contract by giving not less than 30 days’ notice in writing of intention to do so. Such a notice may not be given at any time in the 30 days preceding or during a vacation of 14 or more days’ duration. In most cases this condition means that a teacher may not give the board notice after the end of May or before the first of September, though the actual dates will vary from one jurisdiction to another since they depend on the specific school calendar. Similarly, teachers should note that when the Christmas vacation lasts 14 or more days, resignation is prohibited for 30 days preceding and during that vacation.

A letter of resignation should clearly state the effective date of resignation and should be in the hands of the appropriate school board official a full 30 days before the intended termination date. Date of receipt can be certain if the letter is personally delivered or sent by registered mail, though other forms of transmission are acceptable.

A teacher who intends to resign should give the board as much notice as possible. The 30 days required by the Education Act is a minimum. Resignations during a school year should be infrequent and for strong reasons only, such as urgent personal circumstances or intolerable working conditions. Resignations for trivial or frivolous reasons are not in the best interests of children or of education generally.

The Education Act provides for termination by mutual consent. Occasionally a teacher has to request release during a vacation period or on less than 30 days’ notice. Most school boards and superintendents are cooperative and release by mutual consent if not difficult to arrange, and when the circumstances are justified and a replacement is readily available.

A teacher does not have to resign because someone (anyone) makes such a request. A teacher who is asked to resign should contact the Association before any letter of resignation is signed or submitted.

Resignation prior to having rendered service under a contract is particularly frowned upon. Section 216 provides that in such a case no other board in the province may employ the teacher without first obtaining the consent of the original board. When a teacher accepts a position, it is expected that more enticing subsequent offers will be resisted.

Any resignation that does not meet the conditions described above (that is, 30 days’ notice in proper time or consent of the board) may constitute unprofessional conduct and could, therefore, lead to the teacher being charged before the Professional Conduct Committee of the Association.

Suspension by school boards

The Education Act permits a board or an authorized superintendent to suspend a teacher to whom notice of termination has been given. It also provides in section 213 for suspension if the board has reasonable grounds for believing that the teacher has been guilty of gross misconduct, neglect of duty or refusal or neglect to obey the lawful order of the board. In either case, the teacher is paid his/her regular salary during the period of suspension. A teacher may appeal a suspension under section 213 to the Board of Reference, which may reinstate the teacher or confirm the suspension. If the suspension is confirmed, the school board may reinstate the teacher or may terminate the teacher’s contract. If it chooses to terminate in this sequence of events, it is deemed to have acted reasonably and no further appeal to the Board of Reference on that point would be allowed.

School boards and superintendents do not have the right under the provisions of the Education Act to dismiss a teacher summarily; that is, at once and without notice, except after conviction of an indictable offence as per section 217(2). It must be recognized, however, that the school board has authority to adopt policy and to make rules. Section 196 explicitly requires the teacher to carry out duties assigned by the board. In some instances the rules or duties may be part of the collective agreement. In any event, any such rules must be reasonable. This requirement is based on at least three sources: the common law of master and servant, the provisions of the Education Act and the Labour Relations Code, all of which may relate to the dismissal of teachers.

Termination by school boards

Tenure is the right of a teacher to have a contract of employment with a school board continue as long as no adequate cause for its termination arises. Having a continuing contract with a board is tenure. The Education Act provides that a contract of employment between a board and a teacher terminates if the teacher’s certificate is suspended or cancelled by the minister or if the certificate of qualifications (such as a letter of authority) expires. The Teaching Profession Act provides that a board may not continue to employ a teacher who ceases to be a member of the Association except as provided in the act. Loss of employment could occur if the teacher was suspended or expelled from membership as a penalty under the discipline process, following conviction on a charge of unprofessional conduct, or suspended by the Executive Secretary pending results of a discipline investigation or hearing.

The Education Act provides that a school board shall act reasonably if it terminates the contract of a teacher. Reasonable has a definition in law and it may be presumed that a board would be judged to have acted reasonably if it established that the teacher was incompetent, if something serious in the mode of life or character of the teacher was judged to be detrimental to the students of the school or if the termination was necessary to accomplish a required reduction in district staff. Other reasonable grounds for termination would include excessive or flagrant breaches of section 196 of the Education Act (see box on page 14).

Section 215 and 217 provide for the termination of a teacher’s contract by the board. Prior to serving notice of termination, a school board or superintendent must give notice of its intent to consider such action. Actions taken must comply with the rules of natural justice: (a) reasons for possible termination must be given; (b) the teacher must be given the opportunity to appear at a hearing in person, alone or with an advocate, or to be represented by counsel to answer to these reasons; and (c) the teacher must have enough time to prepare a case.

Termination of contract

Termination of designation

A school board may terminate a teacher’s designation without terminating the teaching contract. All the observations on termination of contracts in the foregoing section also apply to terminations of designation. Reasons would, of course, have to relate to performance or behaviour of the teacher in the designated role only. In the case of a principal, the reasons could include serious or flagrant breaches of section 197 of the Education Act. Termination of a designation is appealable to a Board of Reference.

Appeal of termination or suspension

If a teacher’s contract is terminated by a school board or superintendent on 30 days’ notice, the teacher may appeal to the Board of Reference within 21 days of receipt of the notice of termination. The appeal must be in writing, must set out the board’s reasons for the termination, should indicate the reason(s) for contesting the board’s decision and must be dispatched to the minister of education by registered mail along with a $250 certified cheque or money order as a deposit.

A teacher is urged to consult with the Association as soon as a termination notice is received so that, if the choice is to appeal, help in filing an appeal in the proper form may be given. In most cases, the teacher would already have had the assistance of an Association staff officer at the district level hearing.

A teacher filing an appeal may ask that the Association provide the services of its solicitors at Association expense. If such a request is made, an investigation of the circumstances involved in the termination of contract will be carried out and the solicitor’s advice sought as to what arguments can be made on behalf of the teacher. While Association support may not be granted in certain cases, such a decision in no way prejudices the teacher’s right to proceed with the appeal, if so desired, at the teacher’s own expense.

The Board of Reference is composed of one person assigned from a list of arbitrators as approved by the Lieutenant Governor in Council. All evidence placed before it is given under oath. The school board must first state its case and register the supporting evidence. The teacher then has the opportunity to rebut the case, usually by introducing witnesses to counter the testimony led by the board. Both parties are usually represented by legal counsel. The Board of Reference may make any order it deems appropriate to the case. Such orders could include support for the board’s termination, support for the teacher’s appeal, payment of salary or recovery of salary. The order is registered with the Court of Queen’s Bench and is appealable only to the Alberta Court of Appeal.

Teachers who have been suspended under section 213 of the Education Act or holders of designated positions whose designations have been terminated pursuant to section 219 of the act may also appeal to the Board of Reference in a similar manner to that described on page 15.

Other Employment Matters

Collective agreement provisions

If a disagreement arises between a school division and a teacher over the interpretation, application or violation of any provision of a collective agreement, the teacher may file a grievance as provided for in the collective agreement. Procedures for the settlement of grievances is dependent on if the alleged violation is related to a Central Table item (clauses in italics) or a Local Table item (clauses in regular text).  A teacher who has a grievance should consult the chair of the teacher welfare committee as soon as possible, to ensure timelines are maintained. Advice may also be obtained from Teacher Employment Services staff. If the grievance cannot be resolved it may be submitted to the grievance or interpretations committee, if applicable to that specific collective agreement. If no decision is reached at this level, the grievance may later be submitted to arbitration, in which case the Association assumes the responsibility for the action.

A common source of grievances is a teacher’s long delay or failure to submit to the division a statement of teacher education for salary purposes. A teacher should take steps to secure an evaluation immediately after accepting employment with a division or on completing additional university work that will lead to an increased evaluation. The first step is to submit an application for an evaluation to the Teacher Qualifications Service (TQS) of the Association, along with proper original transcripts and other documents. School divisions will consider the letter of notification from TQS stating the application has been received and the evaluation is ongoing, as demonstration that the application has been filed in good time and that the teacher has done everything possible to expedite the matter.

Another source of grievances lies in the application of the sick leave provisions of the Education Act, which are included with other salary matters in section 220. If a teacher has been ill and is experiencing difficulty in collecting proper salary, advice should be sought from the Association by contacting Teacher Employment Services at 1-800-232-7208.

Education Act, salary and medical leave provisions

Unless otherwise indicated in the collective agreement, the Education Act provides for a teacher to be absent with pay for a maximum of 20 teaching days per year, or if employed for part of the year only, a number is determined by dividing the total number of days taught for the board in the school year by 9.

Collective agreements usually provide details on when and how salary payments are to be made. The amount of salary is determined by the teacher’s position on the salary grid as a result of their level of education as determined by TQS and their years of experience according to the collective agreement. The salary to teachers on contract is usually paid on the basis of 1/12 of the annual grid amount per month during the school year, with any residual paid during the summer months or upon termination of the contract.

The Education Act in section 220 specifies that teachers working full time for the complete school year are entitled to the salary as determined by their grid position. Teachers employed on contract for part of the year only, or a full year but work fewer than 100 days, accrue salary on the basis of 0.5% of their grid placement for each day of work. Notwithstanding the above, teachers employed on a contract for the complete year but who do not work for the full year, but work more than 100 days, are entitled to the full salary less 0.5% of grid salary per day they did not work.

Teacherages

Some school districts or divisions provide teacherages for some of the teachers in their employ. Policy with respect to rental rates varies. In some areas, particularly the more isolated ones, rent is considerably less than the current rate in the area for similar, privately-owned accommodation. Other boards take the position that, while they are willing to provide teacher accommodation, they will not do so at subsidized rates.

Teacherage rental rates are rarely included in collective agreements, though some agreements do contain a provision requiring notice of increased rates to be given well before the end of a school year if they are to be effective in the next school year.

Some school boards enter into lease agreements with teachers while others simply operate on some type of understanding. Teachers would be well advised to have the terms and conditions of their rental agreement with a board clearly stated in writing. A properly executed lease with mutually agreed conditions is the best insurance against misunderstanding and trouble.

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