Final Report of the Hiring Practices – Regulation 274 Committee

Elementary Teachers’ Federation of Ontario (ETFO), the Ontario Public School Boards’ Association (OPSBA) and the Ministry of Education.

Context

As part of the Memorandum of Settlement of the 2014-2017 Central Agreement signed by the Elementary Teachers’ Federation of Ontario (ETFO), the Ministry of Education and the Ontario Public School Boards’ Association (OPSBA) agreed to Letter of Agreement (LOA) #2 Regulation 274 – Hiring Practices. In accordance with that LOA a committee was created to meet and further discuss Regulation 274 – Hiring Practices. Specifically “The Committee shall address the following issues, including but not limited to:

  • The size of the [long term occasional] LTO list
  • The number of interview cycles and
  • The interview process”.

This report documents those discussions and is shared by the parties on November 10, 2016. During the intervening period between committee meetings both ETFO and OPSBA undertook to gather feedback from their respective constituents to inform the discussion.

Across the sector there are a number of different approaches to the operationalization of Regulation 274. Many factors influence how school boards have implemented the regulation such as, the geography of the board, enrollment patterns and insufficient number of candidates qualified in certain subject areas (e.g. French). Where regular communication between the school board and the occasional teacher local has occurred, this has often allowed for solutions to concerns to be found and as a result the potential for ongoing issues has been reduced.

Moving Forward

The following provisions were agreed to through the bargaining process.

  1. Following the interview to the LTO list, unsuccessful candidates who make the request shall be debriefed within thirty (30) days of the interview and recommendations shall be made to help enhance the professional growth that may lead to successful placement on the LTO list in the future.
  2. The local parties may, if they choose, negotiate a capped roster.
  3. A relocating permanent Teacher who has been employed by a public school board in Ontario may apply to another Board to be placed on the LTO list and shall be granted an interview.
  4. Where an occasional teaching assignment extends beyond the number of LTO threshold days identified in the local collective agreement, the Board may continue the occasional teacher in the assignment if the teacher is qualified and is on the LTO list, unless the local parties have mutually agreed otherwise.
  5. Information Disclosure to the Occasional Teacher Local Unit
    The Board shall provide the following information to the Union, upon request, as it relates to the Long Term Occasional Teacher List, Long Term Occasional Teacher assignments, and permanent teaching positions:
  1. The job posting at the time the posting is circulated to the system;
  2. The job/position title and the list of any applicants for the posting within 3 weekdays following the closing of the posting;
  3. Names of the successful applicants.
  4. In addition to the provisions agreed to through bargaining the committee has agreed that the following considerations could be shared in order to address; the size of the LTO list, the number of interview cycles and the interview process.

    1. District School Boards continue to monitor the size of the LTO list to ensure that there is a sufficient number of teachers on the list to fill positions;
    2. In circumstances where there are no qualified teachers on the LTO list and the board has met its’ obligations under Regulation 274,  the board may post positions externally;
    3. Interview cycles and timeframes for the LTO list should be regular and transparent.
    4. Refreshing the LTO list, may require interviews to be scheduled more or less frequently to meet local staffing needs;
    5. An evaluation tool for assessing candidate’s LTO list interviews will assist with a consistent process, particularly where there are multiple interview teams;
    6. Where references from a Principal/Vice-Principal are required as part of the interview for the LTO list, a process is needed so that obtaining references does not become a barrier for otherwise qualified applicants.
    7. When there is mutual agreement between the District School Board and the Occasional Teacher Local, grand-parenting teachers on the Roster with LTO experience to the LTO list without an interview, respects experience and saves time and effort for District School Board staff;
    8. Open lines of communication between the District School Board and the Occasional Teacher local are encouraged.