The Teacher Tenure Act

Transcription

1 The Teacher Tenure Act UNEDITED being Chapter T-6 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents 1 Short title 2 Interpretation 3 Application of Act 4 Notice of termination of contract 5 Hearing before school board and appeal to minister 6 Conciliation board 7 Duties and powers of conciliation board 8 Payment of expenses 9 Inquiry by board 10 Recommendation by board 11 Agreements by teacher and school board to accept decision of conciliation board 12 Certain rights not affected 13 Non-application of The Arbitration Act 14 Regulations 15 Transfer of teacher from one school or school district to another not dismissal SCHEDULE FORM A FORM B FORM C

3 CHAPTER T-6 An Act to provide for Security of Tenure in the Teaching Profession Short title 1 This Act may be cited as The Teacher Tenure Act. R.S.S. 1978, c.t-6, s.1. Interpretation 2(1) In this Act: minister (a) minister means the Minister of Education; school board (b) school board means the board of trustees of a school district organized or established under The School Act or The Secondary Education Act or any former School Act or Secondary Education Act, or the board of a school unit established under The Larger School Units Act or any former Larger School Units Act, or an official trustee or a board of education established under section 288 of The School Act, or a joint board established under The School Act, The Secondary Education Act or The Larger School Units Act; teacher (c) teacher means a person holding a certificate of qualification issued under the regulations of the Department of Education and valid under those regulations for the position in which he is serving. (2) All other words, names and expressions shall have the same meaning as is expressly or impliedly attached to them in The School Act. R.S.S. 1965, c.203, s.2; 1966, c.21, s.1; R.S.S. 1978, c.t-6, s.2. Application of Act 3(1) This Act applies only to a teacher who has not attained the age of sixty-five years and who has been employed by a school board: (a) for two complete and consecutive academic years; or (b) for four complete and consecutive terms; or (c) during a period of respect of which he has received the equivalent of two years salary in accordance with The School Act or The Secondary Education Act; and who during a subsequent academic year or term is still employed by the school board in teaching service, and applies only where a notice of termination of his contract is given to the teacher to take effect on the thirtieth day of June in any year. (2) For the purpose of subsection (1) a teacher shall be deemed to have been employed during the period of any leave of absence granted by the school board. R.S.S. 1965, c.203, s.3; 1972, c.132, s.2; R.S.S. 1978, c.t-6, s.3.

4 4 c. T-6 TEACHER TENURE Notice of termination of contract 4(1) A notice of termination of contract given by a school board to a teacher shall be in (Form A) and shall state the reasons for the board s action which may include professional incompetency, neglect of duty, unprofessional conduct, immorality, physical or mental disability and such other cause as in the opinion of the school board renders the teacher unsuitable for teaching service in the position then held by him, and in addition to stating the reasons the notice shall state that in the opinion of the board the teacher is for those reasons unsuitable for teaching service in the position then held by him. (2) The notice shall be sent by registered mail to the teacher not later than the twenty-fifth day of May in the year in which it is to take effect. R.S.S. 1965, c.203, s.4; R.S.S. 1978, c.t-6, s.4. Hearing before school board and appeal to minister 5(1) Where a school board gives notice of termination of contract to a teacher the school board shall within fifteen days from the date of the notice provide an opportunity for the teacher to be present at a regular or special meeting of the board and to give reasons why his contract ought not to be terminated. (2) If the differences existing between the teacher and the school board are not resolved at the meeting, or if no such meeting is held, the teacher may appeal to the minister within five days from the date of the meeting or, where no such meeting has been held, within twenty days from the date of the notice of termination of contract, to have the matter in dispute referred to a conciliation board and the minister may in his discretion refer the matter in dispute to a conciliation board constituted pursuant to this Act. R.S.S. 1965, c.203, s.5; R.S.S. 1978, c.t-6, s.5. Conciliation board 6(1) A conciliation board for the purpose of this Act shall consist of three members appointed by the minister. (2) Where a conciliation board is to be established The Saskatchewan Teachers Federation and The Saskatchewan School Trustees Association shall, upon the written request of the minister, each nominate a person for appointment to the board and give the minister written notice of the name and address of such person, and the minister shall thereupon appoint each such person as a member of the conciliation board. (3) If the minister does not within ten days from the mailing of the request receive such notice he may without such nomination appoint as a member of the conciliation board a person to represent the said federation or association, as the case may be. (4) The members appointed pursuant to subsection (1) or (2) shall jointly nominate a third person and give the minister written notice of the name and address of that person, and the minister shall thereupon appoint that person as a member and chairman of the conciliation board. (5) If the minister does not within ten days after the appointments pursuant to subsection (2) or (3) have been made receive written notice of the nomination of a third person pursuant to subsection (4) he may without such nomination appoint a person as a member and chairman of the conciliation board.

5 TEACHER TENURE c. T-6 5 (6) The members of the concilation board shall hold office for the calendar year in which they are appointed and shall be eligible for reappointment. R.S.S. 1965, c.203, s.6; R.S.S. 1978, c.t-6, s.6. Duties and powers of conciliation board 7 Every conciliation board so constituted shall inquire into any matter referred to it by the minister under subsection (2) of section 5 and for that purpose the board and each member thereof shall have all the powers conferred upon commissioners by section 3 and 4 of The Public Inquiries Act. R.S.S. 1965, c.203, s.7; R.S.S. 1978, c.t-6, s.7. Payment of expenses 8(1) The expenses incurred by a conciliation board in connection with its work, and such per diem allowances to its members and such travelling and other expenses of its members as the Lieutenant Governor in Council may determine, shall be paid from moneys appropriated by the Legislature for the purpose. (2) The expenses mentioned in subsection (1) shall not include the fees or expenses of the parties to the matter in dispute or their counsel, agents or witnesses. R.S.S. 1965, c.203, s.8; R.S.S. 1978, c.t-6, s.8. Inquiry by board 9(1) Where a matter is referred to a conciliation board by the minister the board shall forthwith inquire into the matter and shall within twenty days from the time the matter is referred to it, or within such further time as the minister may fix, complete the inquiry and make a written report of its decision or the decision of the majority of its members and transmit the report to the minister and a copy thereof to the teacher and the school board. (2) The conciliation board shall forthwith after the matter is referred to it give to each of the parties thereto reasonable notice of the time when and place where it will inquire into the matter. (3) The teacher and the school board may be represented at the inquiry by counsel or agents, and the witnesses giving evidence shall be subject to examination, crossexamination and re-examination by the teacher and such counsel or agents. R.S.S. 1965, c.203, s.9; R.S.S. 1978, c.t-6, s.9. Recommendation by board 10 In addition to the report mentioned in subsection (1) of section 9 the conciliation board may make such recommendations to the teacher and the school board as it deems advisable. R.S.S. 1965, c.203, s.10; R.S.S. 1978, c.t-6. Agreements by teacher and school board to accept decision of conciliation board 11(1) If the teacher and the school board prior to the holding of the inquiry or within ten days from the making of the report pursuant to subsection (1) of section 9 agree to accept the decision of the board, the teacher shall forthwith execute an agreement in (Form B) and the school board shall forthwith execute an agreement in (Form C), and thereupon the decision as set forth in the report of the board shall be binding on the teacher and the school board.

6 6 c. T-6 TEACHER TENURE (2) The teacher shall forthwith transmit the agreement executed by him (Form B) and the school board shall forthwith transmit the agreement executed by it (Form C), to the chairman of the conciliation board. R.S.S. 1965, c.203, s.11; R.S.S. 1978, c.t-6, s.11. Certain rights not affected 12 Nothing in this Act affects the rights of a teacher or a school board under The School Act, The Secondary Education Act or The Larger School Units Act, except insofar as may be necessary to give effect to a decision of the conciliation board in respect of which agreements have been executed in accordance with subsection (1) of section 11. R.S.S. 1965, c.203, s.12 Non-application of The Arbitration Act 13 The Arbitration Act does not apply to inquires under this Act. R.S.S. 1965, c.203, s.13; R.S.S. 1978, c.t-6, s.13. Regulations 14 For the purpose of carrying out the provisions of this Act according to their true intent and of supplying any deficiency therein the Lieutenant Governor in Council may make regulations not inconsistent with the spirit of this Act which shall have the same force and effect as if incorporated herein. R.S.S. 1965, c.203, s.14; R.S.S. 1978, c.t-4, s.14. Transfer of teacher from one school or school district to another not dismissal 15 Where a school board has more than one school or school district under its jurisdiction the transfer by the board of a teacher under contract with the board from a teaching position in one school or school district to a teaching position in another school or school district under the jurisdiction of the board shall not for the purposes of this Act be deemed to be a termination of the contract with the teacher. R.S.S. 1965, c.203, s.15; R.S.S. 1978, c.t-6, s.15. SCHEDULE FORM A (Section 4) NOTICE OF TERMINATION OF CONTRACT I have been instructed to inform you that by resolution of the Board of the School Unit (or School District) Number adopted at a special (or regular) meeting held on the day of, 19, your contract with the board as teacher in the School District Number will terminate on the day of, 19. The reasons for the termination of your contract are: In the opinion of the Board of the School Unit (or School District) Number you are for reasons above stated unsuitable for teaching service in the School District Number.

7 TEACHER TENURE c. T-6 7 In accordance with section 5 of The Teacher Tenure Act, this is to notify you that you may attend a meeting of the board to be held at (description of place) on the day of, 19, at the hour of o clock in the noon, and give reasons why your contract ought not to be terminated.... Secretary. FORM B (Section 11) AGREEMENT TO ACCEPT DECISION OF CONCILIATION BOARD I, teacher of the School District Number hereby agree to accept, and to act in good faith upon, the decision of the conciliation board with respect to the termination of my contract with the Board of School Unit (or School District) Number. Dated at this day of, Teacher. FORM C (Section 11) AGREEMENT TO ACCEPT DECISION OF CONCILIATION BOARD The Board of School Unit (or School District) Number hereby agrees to accept, and to act in good faith upon, the decision of the conciliation board with respect to the termination of the contract between, teacher in the School District Number, and the said board. Dated at this day of, Chairman.... Secretary.

8 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2012