Reforming teaching profession discipline

Alberta Teachers’ Association (ATA)

The ATA was previously responsible for overseeing professional conduct and competency matters involving their union members.

The ATA is a professional organization and is also the union for teachers and many teacher leaders (including school principals) employed in public and separate school authorities and francophone regional authorities across Alberta. The ATA also promotes and advances public education and serves as the advocate for its members.

The ATA provides many services to its members, including:

• collective bargaining
• member services
• pension and retirement services
• professional development
• teacher qualifications service

Registrar

The Registrar at Alberta Education is appointed by the Minister of Education to issue the following certificates of practice to both teachers and teacher leaders in Alberta giving them the appropriate authority or licence to practice:

• teaching certificates
• leadership certificates
• superintendent leadership certificates

The Registrar’s Office previously oversaw complaints of alleged unprofessional conduct and unskilled or incompetent teaching and leadership practice for members of the teaching profession who are not active members of the ATA.

The Registrar’s Office is also responsible for establishing and overseeing the review of standards of practice that are currently established by Ministerial Order for the teaching profession. This includes the Teaching Quality Standard, Leadership Quality Standard, and Superintendent Leadership Quality Standard.

The Registrar’s Office sets direction through the development of provincial policy, such as the Teacher Growth Supervision and Evaluation Policy that helps enable school authorities to develop and implement local policy to support practicing teachers in their professional growth, in areas such as annual professional growth plans.

This policy also outlines the important role school principals play to support and guide teachers in their practice, through effective supervision, as well as specific circumstances in which an evaluation of a teacher’s professional practice may be required for purposes of certification, employment or determining competence. The Teaching Quality Standard is used in conjunction with this policy to ensure effective practice in teaching.

The Registrar’s Office is also responsible for the regular review of legislation and related regulations that help ensure Alberta has excellent teachers and teacher leaders.

Complaints filed with the ATA fell into 2 categories: complaints of alleged unprofessional conduct and complaints of professional incompetence. These complaints were governed by the Teaching Profession Act and related bylaws established by the ATA.

Alleged unprofessional conduct

Under the Teaching Profession Act, unprofessional conduct is behaviour that is considered to be:

• detrimental to the best interests of students, the public, or the teaching profession
• does not meet the ATA’s Code of Professional Conduct
• is the basis of a criminal conviction by indictment under the Criminal Code, the Controlled Drugs and Substances Act, the Food and Drugs Act or the Youth Criminal Justice Act.

Learn more about the Alberta Teachers’ Association Complaint Process - Alleged Unprofessional Conduct.

Professional competence (practice review)

The ATA defines professional competence (practice review) as the quality of a teacher’s professional practice in meeting the requirements identified in the Teaching Quality Standard.

Under the Teaching Profession Act, the ATA had bylaw-making authority to develop a process to deal with professional competency complaints.

Learn more about the Alberta Teachers’ Association Complaint Process - Professional Competence (Practice Review).

Complaints filed with the Registrar’s Office at Alberta Education also fell into 2 categories: complaints of alleged unprofessional conduct and complaints of alleged unskilled or incompetent practice, and were governed by the Practice Review of Teachers and Teacher Leaders Regulation established under the Education Act. The regulation set out the complaint process.

Alleged unprofessional conduct

Under this regulation, unprofessional conduct involving a teacher or teacher leader is behaviour that:

• is detrimental or harmful to the best interests of students, the public, teachers or teacher leaders
• does not meet the professional conduct requirements found in the regulation
• is the basis of a conviction by indictment under the Criminal Code, the Controlled Drugs and Substances Act, the Food and Drugs Act or the Youth Criminal Justice Act

Read: Alberta Education Registrar’s Complaint Process - Alleged Unprofessional Conduct - Teachers and Teacher Leaders

Read: Professional Conduct Requirements for Teachers and Teacher Leaders

Alleged unskilled or incompetent practice in teaching or leading

The Registrar defined unskilled or incompetent teaching or leadership duties as a:

• teacher’s inability to meet the Teaching Quality Standard in practice
• teacher leader’s inability to meet the Leadership Quality Standard in practice
• teacher leader’s inability to meet the Superintendent Leadership Quality Standard in practice

Read: Alberta Education Registrar’s Complaint Process - Alleged Unskilled or Incompetent Practice

The Students First Act introduced an expedited discipline process in situations where a teacher or teacher leader is convicted of serious offences under the Criminal Code (Canada) that threaten student safety and public interest. This will save time and resources by permitting the Minister of Education an alternate option to move directly to certificate cancellation, while maintaining procedural fairness.

A teacher or teacher leader has 15 days to respond to the Minister of Education’s intent to use the expedited process and share any relevant information they wish the Minister to consider. The Minister would still make the final decision to cancel a certificate(s) or to send the matter to a full hearing.

Prescribed offences from the Criminal Code that apply to the expedited process would be identified through regulation and will be communicated at a later date.

The Students First Act amended the Teaching Profession Act, requiring the ATA to notify the registrar at Alberta Education of all complaints filed against teachers and teacher leaders at various stages during the complaint process. This better aligns the complaints and investigation processes between the ATA and CASS as set out in the College of Alberta School Superintendents (CASS) Act.

This key change is now law and ensures accountability by keeping government informed on all disciplinary complaints received by the ATA.

The Education (Reforming Teacher Discipline) Amendment Act strengthens the duty, within the education system, to notify the registrar when conduct-related employment action is taken against a teacher or teacher leader.

In addition, ATA and CASS must notify the commissioner if a member’s status is suspended or cancelled in their organizations.

Under the Education Act, teachers and teacher leaders are part of a regulated profession requiring them to hold a certificate to be employed in their roles.

This unique position of trust and influence comes with a professional obligation and responsibility to meet standards of practice and codes of conduct.

The Teaching Profession Act establishes the Alberta Teachers’ Association (ATA) as a corporation that advances education in Alberta, including improvements in the teaching profession and increasing public interest in, and awareness of, important education matters.

The act identifies ATA responsibilities, such as promoting teaching excellence, supporting teacher preparation and certification, contributing to positive working conditions, advancing professional development and conducting professional practice reviews.

It also outlines ATA membership requirements, governance of the Association, and procedures to address complaints of alleged unprofessional conduct filed against teachers who are active members of the ATA. This act also enables the ATA to develop practice review bylaws and oversee the complaint process to address complaints of professional competence made against its active members.

The College of Alberta School Superintendents (CASS) Act grants CASS legislated status as a professional organization and allows CASS to assume oversight of mandatory professional learning for its regulated members.

The Students First Act amended 3 different statutes in Alberta – the Education Act, Teaching Profession Act and College of Alberta School Superintendents Act.

The Students First Act increases transparency and accountability in the teacher discipline process and elevates the status of the teaching profession.

It further addresses gaps, issues and inconsistencies in Alberta’s system of oversight and discipline for teachers and teacher leaders and shares information about the professional standing of all Alberta certificated teachers and teacher leaders.

The Students First Act received royal Assent on December 2, 2021. As of September, 2022, all parts of the act are in effect.

The Education (Reforming Teacher Profession Discipline) Amendment Act creates the Alberta Teaching Profession Commission and appoints an arm’s-length commissioner to oversee teacher and teacher leader conduct and competency complaints for the profession. This process applies equally to all teacher and teacher leaders under the Education Act.

The commission oversees a new model for teacher and teacher leader professionalism and disciplinary matters that brings Alberta in line with best practices used in comparable provinces and other regulated professions. This will further protect students and enhance accountability and transparency.

The act received royal assent on May 31, 2022.

The Education Act Transitional Regulation ensures a smooth shift from the previous system of teacher and teacher leader professionalism to the new commissioner model.

For discipline matters that were not concluded by January 1, 2023, transitional regulations allow, throughout the first half of 2023, for matters to continue in accordance with the rules under which they were started.

During this transitional period, the responsibilities will shift, where appropriate, to the commissioner and newly appointed members of hearing and appeal committees, but the previous rules will be followed. This allows for procedural fairness while also ensuring an efficient transition into a fully operational single model for teacher and teacher leader professionalism in Alberta.

Professional practice standards for principals and superintendents were introduced in 2019 along with new certificate requirements for teacher leaders. These standards ensure teacher leaders practicing in the system are competent in their professional practice.

Also in 2019, a revised Teaching Quality Standard was introduced to ensure teachers are current and competent while engaged in the practice of teaching.