HISTORY AND DEVELOPMENT OF THE PRACTICE REVIEW OF TEACHING REGULATION
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Beginning in August 1985, COATS drafted principles, policies, and procedures and a draft Regulation for conducting reviews of teachers' teaching practice. The proposed Regulation described skilled teaching practices, how complaints about alleged unskilled teaching may be addressed and procedures for conducting investigations, panel hearings and appeals.
COATS consulted with major education partners in the Province. It provided, for comment, it's initial draft regulation to the Alberta Teachers' Association, Alberta School Trustees' Association, College of Alberta School Superintendents and the Federation of Home and School Association in April 1986.
In early 1987, COATS examined responses received by the Council and the Minister and redrafted sections of the draft. Concurrently, it drafted changes to the procedures to reflect the suggested revisions to the Regulation. In December 1987, the proposed Regulation and procedures were forwarded to the Minister for his consideration.
The Regulation was approved April 28, 1987.
COATS then focused on the implementation of the Regulation by conducting orientation sessions with Regional Offices of Education from August 1987 to June 1988. By participating in these sessions, Council members assisted in the development of a detailed outline of procedures that would guide individuals assigned to investigate a complaint. A document outlining procedures for conducting inquiries and investigations related to practice reviews was prepared and was presented to COATS for approval in fall of 1988.
In 1990, COATS completed its review of the Practice Review of Teaching Regulation. Changes to the Regulation in light of the amended School Act were recommended to the Minister, as were changes to the procedure for making the decisions of any hearings known to the media/public.
In 1992 COATS again reviewed the Practice Review of Teaching Regulation. It recommended a change to the Practice Review of Teaching Regulation to require only written information be placed before a Complainant Appeal Committee. Other recommendations were made to clarify and simplify the language in the Regulation and to expedite the process. The Minister approved these recommendations.
In 1996-97 COATS worked on proposed major revisions to the Practice Review of Teaching Regulation for the Minister's consideration. COATS recommended that the Regulation should apply to all teachers in respect of complaints about teaching practices. In respect to conduct complaints, COATS recommended the Regulation apply only to teachers to whom the Teachers Profession Act (TPA) did not apply.
A working group of COATS revised the Regulation. The product was reviewed by Alberta Justice and was vetted through the Regulatory Reform process. In May of 1997 the Council met with Alberta School Boards Association, Alberta Teachers' Association and Alberta Home and School Councils' Association representatives to discuss "publicizing" the practice review process. All agreed that it was critical to make the public more aware of how complaints about a teacher's practice can be made.
In 1998, COATS once again played a major role in re-writing the Regulation based on the 1997 Teaching Quality Standard Ministerial Order, as well as specific concerns about the inefficiencies in administering the regulatory process, and to ensure compliance with Freedom of Information and Protection of Privacy Act (FOIPP).
The new Regulation provides Albertans for the first time with a process to make a complaint abut the unprofessional conduct of teachers who are not subject to the TPA and therefore not subject to the Alberta Teachers' Association's Code of Professional Conduct. Under the new Regulation, charter school teachers, private school teachers and other individuals who hold a teaching certificate, but are not ATA members, will be subject to complaints of unprofessional conduct. Under the proposed amendments, for example, a teacher in a private school found guilty of unprofessional conduct will be subject to disciplinary action, including a recommendation to the Minister to suspend or cancel the teacher's teaching certificate.
The Regulation now links the Teaching Quality Standard Ministerial Order (1997) and the knowledge, skills and attributes (KSAs) teachers are expected to meet in their teaching practices with the Practice Review of Teachers Regulation. The Regulation, therefore, provides a vehicle whereby any person may make a complaint about a teacher whose practices are alleged not to be in keeping with the expected standard and the KSAs needed to meet the standard.
The revised Regulation provides for compliance with FOIPP, for example, by explicitly requiring that both the complainant and teacher receive a copy of the investigation report. The new Regulation also permits the Minister to take any action necessary to implement a decision under the Regulation.
Finally, like the TPA, the new Regulation provides a public window on the hearings by inclusion of public members on panels and committees and also by providing for public hearings of practice review panels and practice review appeal committee hearings.
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