The Alberta Teachers’ Association

Question: I’ve been told to reduce FTEs (full-time equivalents) at my school for the fall. I have three questions related to this situation.

First, can I ask my staff for ­suggestions?

Answer: No. You should not involve teachers in the staff-reduction process at your school or at the district level. Teachers on continuous contracts expect their contracts to be respected by their employer, and they expect the Alberta Teachers’ Association to protect their contractual rights.

If any probationary teachers on your staff will not be offered a contract for the following school year, the sooner you advise them of this the better. If you have to reduce teaching staff further, and need to identify teachers for transfer who are on continuous contracts, you should discuss this with those staff members individually. Your recommendation to the superintendent must be professionally defensible. In the case of a teacher identified for transfer, the following should be considered when making your recommendation:

• What criteria were applied to determine that the teacher was surplus?
• Were the same criteria applied to all teachers in the school?
• What teaching positions were considered as potential choices for the teacher?
• What positions are open at the school or school division?
• Were there any specific ­programming needs that had to be taken into consideration?

Question: Can a teacher on maternity/parental leave be ­considered surplus?

Answer: No. Teachers at your school who are currently on maternity/parental leave cannot be automatically considered surplus. They have a right to return from their leave and, in some collective agreements, the right to return to their former position. They are members of your school staff and, as such, are accorded the same rights and privileges as teachers currently working. Do not make assumptions about teachers who may be contemplating maternity/parental leave. Those teachers are only required to provide six weeks’ notice, including the summer. Do not assume that a pregnant teacher will take a year off. To assume as much runs contrary to human rights legislation.

Question: Can a teacher be compelled to apply for open ­positions in other schools?

Answer: No. Asking a teacher to go from school to school to look for a position for the following school year, and to interview for positions that are open, is ­demeaning. It fails to recognize the teacher’s service and to show the district’s commitment to honour the teacher’s contract. To suggest this also may constitute constructive dismissal or a significant change in working ­conditions—both of which could be subject to appeal.

Given the above information, if there are more teachers on continuous contracts than there are continuous positions available, then the superintendent faces some tough decisions. Teachers are district employees, not school employees, and it is the responsibility of district-level administrators to formulate and implement staffing policies that best use the resources of the district. If another position within the school district and within a reasonable distance from the current school is not found for a teacher on a continuous contract, the superintendent must provide the teacher with reasons for a recommendation to terminate, allow the teacher ample time to prepare ­arguments for an appeal before the school district and provide official notice of intent to terminate.

Finally, in your role as principal, you may have an opportunity to raise questions with more-senior administrators concerning the school board’s budget and its implications for staffing.

Questions for consideration in this column are welcome. Please address them to Gordon Thomas at Barnett House (gordon.thomas@ata.ab.ca).