Concerns have been raised by school boards, principals, parents — and teachers themselves — over a hiring rule that gives preference to supply teachers with the most seniority, and Ontario’s education minister says that’s why the province is now reviewing it.
“From my days in opposition to my first day as minister, right through to today, I’m hearing a lot that (Regulation 274) is impeding teacher mobility, it’s causing frustration with principals with regards to interviewing some of the qualified candidates, and I also want to check in to make sure” that hiring is transparent and equitable, Lisa Thompson told the Star in a telephone interview.
Last month, the province wrapped up public consultations on a number of education issues — including sex-ed — that saw 72,000 people take part, and now wants to hear from teacher and support staff unions, as well as trustee associations, on changes to class size, full-day kindergarten and hiring practices.
Under Regulation 274, implemented in 2012, teachers hired into long-term and permanent positions are to be chosen from among the five applicants from the supply teacher pool who have the most seniority within the specific board.
The rule was created at the urging of the Ontario English Catholic Teachers’ Association, to curb nepotism, mostly in smaller boards. While initially opposing the regulation, other unions came to support the seniority-based change.
But principals have said the rule complicated the hiring process and administrative work, and it doesn’t always allow them to hire the best fit for the job.
A consultation document distributed last week says “the Ministry of Education recognizes teachers as the single most important out-of-the-home factor in student success. This is supported by research that suggests that what teachers know and are able to do is crucial to student learning. As such, teacher quality is paramount in ensuring students are able to succeed in the classroom.”
It goes on to say that Regulation 274 was created to “bring greater transparency, fairness, consistency and accountability to school board hiring practices of teachers. However, since its implementation, stakeholders … have raised concerns about the regulations. As boards make hiring decisions under the regulation, we have been told that student success may be negatively impacted and there have been some unintended consequences.”
The ministry says issues include how teachers lose all their seniority when they switch boards, meaning “permanent teachers could see this as a barrier to relocation” because they have to start over as supply teachers if they move.
A statement from Thompson about the consultations says the government also wants to start “reviewing the elements school boards should take into consideration when inviting candidates to interview for teaching positions” to ensure they are “interviewing the most-qualified candidates,” as well as “start discussing which factors should be taken into account … to ensure more transparent hiring practices.”
The regulation has led to situations where principals have interviewed the top five candidates, meanwhile applicants who might exceed qualifications “would not qualify for an interview.”
“This ministry has heard concerns about hiring that is heavily based on seniority … (that it) only values time spent on a list. It does not value quality of teacher, commitment to students, experience/time spent in a particular school or suitability for the particular assignment,” the document says.
Unions have heard complaints from their members about the mobility issue and said that is one area of the regulation they’d be willing to discuss.
Even former premier Kathleen Wynne — whose government introduced the regulation — said in 2013 that it went too far in trying to correct hiring problems by making seniority the main criterion.
Harvey Bischof, head of the Ontario Secondary School Teachers’ Federation, said, “We are absolutely prepared to engage in consultation with this government and can offer, as we have in the past, solutions to some outstanding problems with the hiring regulation.”
But Sam Hammond of the Elementary Teachers Federation of Ontario said any such changes should be made in upcoming contract talks this summer.
“Quite frankly, we were a little surprised that the fair hiring piece was there,” agreed Liz Stuart, head of the Ontario English Catholic Teachers’ Association. “Because that’s not a funding issue — we see that strictly as a bargaining issue.”
Hammond said a 2014 provincial report disputed criticisms that school boards were hiring unqualified candidates or that the rules were preventing young, diverse teachers from landing jobs.
“That report says that 274 is a more consistent, transparent and fair hiring process for Ontario teachers,” Hammond told the Star.
Toronto grandfather Charles Wakefield — who has long fought for the end of Regulation 274 — said “imposing a seniority-based teacher hiring policy has not been in the best interest of Ontario students and parents.”
He is a part of a groups called Parents for Merit-Based Teacher Hiring, which urges the government to cancel the regulation “after years of harm.”
University of Toronto Professor Charles Pascal, of the Ontario Institute for Studies in Education, said great teaching and “highly skilled teachers that can relate to the students they are working with” are the most important factors in hiring.
While he said he’s a “union guy at heart, I just think this is a balance of fairness for those who have been waiting around — there are a lot of teachers on that list who are highly qualified and who have proven their worth” and those who are just coming out of teacher education programs like the one at OISE.
“I’m a little soft on anything other than quality pedagogy trumps everything,” he said.
A private member’s bill introduced in 2013 by then PC education critic Lisa MacLeod — now minister of children, community and social services — sought an end to the regulation.
At that time, several boards had complained about a “domino effect” of the rule that led to “multiple teacher changes in some classrooms” within a school year.
Kristin Rushowy is a Toronto-based reporter covering Ontario politics. Follow her on Twitter: @krushowy