An Overview of Bill 22 Education Improvement Act

Comparing Class Size and Composition

Current Model
District Average Requirements Has district average requirements Kindergarten = 19 Grades 1-3 = 21 Grades 4-7 = 28 Grades 8-12 = 30 Class Size Limits Teacher consultation required for all classes exceeding 30 students (Grades 8-12) or where there are more than three IEP students in the class (Kindergarten to Grade 12) Requirement of consent of teacher to exceed 30 students in a class for Grades 4-7 Maintains hard cap of 22 students for Kindergarten and 24 students for Grades 1-3 Requires that classes in Grades 4-12 not to exceed 30 unless: in the opinion of the superintendent and principal the class is appropriate for student learning, or the class is in a prescribed category [categories will be set out in Regulation - examples may be band, drama] Repeals district class average requirements

Proposed Bill 22 Model

Additional compensation to be provided to teachers for Grade 4-12 class that exceeds 30 students unless the class is in a prescribed category of classes Minister can create categories of classes that are exempt from the limit to 30 provisions (including additional compensation) described above

Current Model continued

Students with Designations Requirement that principal of school and superintendent of district to hold opinion that class that contains more than three IEP students is appropriate for student learning

Proposed Bill 22 Model continued

No reference to IEP students in a class [allows for an unlimited number of students with designation to be placed in a class provided other statutory requirements met] The School Regulation will be amended to make explicit that, as part of core duties, on all matters of organization including placement of students with special needs, principals have a duty to consult.

Report Requirements Reporting requirements to Board, School Planning Council, Parents Advisory Council, Ministry, public on rationale for classes that are organized over 30 students Principal no longer required to consult or obtain teacher consent, or consult with School Planning Council regarding the organization of classes, or provide a report to the superintendent on the organization of classes

New Regulations Bill 22 provides for regulations: Prescribing categories of classes, amount/timing and form of compensation to teachers for classes over 30 students Prescribing class size limits of fewer than 30 for the purposes of s. 76.1(2.4) [those classes where it may be preferable to have more than 30 i.e. band, drama] Requiring boards to prepare/submit and make publically available reports on class size for each school and district Stipulating how much teachers who teach classes over 30 have to be compensated, when they have to be compensated and what form that compensation can take

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Other Key Provisions in Bill 22

Repeals Section 78.1 of School Act, which rendered void any provisions of the collective agreement which limits or restricts the ability of the board to adopt an alternative calendar or extended day. New addition to the School Act provides for a Learning Improvement Fund - an allocation by the legislature with the purpose of enabling the boards to address learning improvement issues. Defines a cooling off period from the coming into force of the legislation until August 31, 2012 by providing that the BCTF must end its strike and all employees must resume their full duties and that officers, locals or staff of the BCTF who impede or prevent teachers from complying with that are subject to explicit fines. Provides that the collective is extended until August 31, 2012 or until a collective agreement is concluded, whichever is first. Provides that collective bargaining must occur within 72 hours after the legislation comes into force, and must be done in good faith, making every reasonable effort to conclude a collective agreement consistent with Bill 22. Provides for the Minister of Education to appoint a mediator to assist in settling the terms and conditions of the collective agreement, subject to specific terms of reference: o The term is from July 1, 2011 until June 30, 2012. o The collective agreement is subject to the net zero mandate. o The collective agreement is to enable high-quality teaching and learning through: (i) Effective feedback and evaluation of teachers to promote improvement (ii) Alignment of professional development with teaching needs, and (iii) Scheduling and selection of teachers suited to student needs. The collective agreement may include additional matters that may be negotiated locally if they do not: (i) affect any other school district, and (ii) would be more effectively negotiated as local matters. The collective agreement may contain manner and consequence provisions regarding class size, composition and staffing levels, caseloads or ratios. On or before June 30, 2012 the mediator must advise the Minister of matters that have been agreed to and make recommendations, consistent with these terms, on any outstanding issues that remain in dispute.

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Repeals restrictions on bargaining class size, composition, staffing levels, ratios after June 30, 2013. Amends the Public Education Labour Relations Act to add a section which deems manner and consequence provisions to be provincial matters where these provisions relate to class size, composition and staffing ratios. Amends the Public Education Labour Relations Act to specify that all provisions relating to workload, including class size provisions, are considered to be cost provisions. Establishes offences/fines for union and employees who engage in strike activity, and employers who lock out, during the statutory cooling off period.

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