Legal aspects of teacher terminations for incompetence in British Columbia
Date
1986
Authors
Marshall, Diane J.
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Abstract
The primary purpose of this study was to promote a better understanding of the termination of continuing teacher contracts for incompetence in British Columbia according to the provisions set down in the present British Columbia School Act and School Act Regulation. A secondary purpose was to examine and analyze the outcomes of the 17 teacher appeals from termination placed before the review commission from the inception of this tribunal until 1985.
Five questions were addressed in the course of the study concerning:
a) the historical origin of the present British Columbia legislation for employment and dismissal of teachers and for the review commission;
b) the legal requirements for the termination of a continuing teacher contract for incompetence in the present statute;
c) the results of the 17 teacher requests for review commissions between 1974 and 1985;
d) the standard of competence for teachers in British Columbia determined through decisions of the review commissions; and,
e) the comments of various British Columbia chief administrators on the termination of teacher contracts for incompetence.
The methodology involved the following: firstly, a detailed study of the present British Columbia legislation considered in the context of the relevant common law and of the historical origins of the statute; secondly, an examination of the confidential reports and records of the 17 review commissions appointed since 1972; and, thirdly, interviews conducted with chief administrators representing 10 British Columbia school districts.
The study identified the three stage process for termination of incompetent teachers as follows: receipt by a school board of three less than satisfactory reports written by administrators; a hearing before the school board; and, an appeal to a provincial review commission. Important elements in considering the issue of competence were identified from the reports of the review commission. Finally, chief administrators generally were found to be unfamiliar with the specifics of the process, critical of what they regarded as the time consuming, cumbersome and legalistic aspects of this process, and inclined to seek alternate methods of removing incompetent teachers from the classroom.
These findings were discussed and recommendations were made as follows: first, the need for administration to become more aware of all aspects of the statutory process for teacher contract termination for incompetence; second, the need, from a legal point of view, for clarification of the existing process in the School Act and School Act Regulation; third, the desirability, from a policy point of view, of considering alternates to the present process of contract termination; and, fourth the desirability of further research into the aspects of teacher contract termination for incompetence.