Law……..continued

1. Law……..continued

2. Duties of a teacher In addition to Reg. 264 outlining the duties of a teacher , Reg. 298 which normally deals with operation of schools has a section 20 dedicated to the duties of the teacher. The last slide show only highlighted certain sections whereas the next slides has all of the duties of a teacher.

3. Regulation 298 Operation of Schoolsection pertaining to Duties of a Teacher • Duties of Teachers • 20.In addition to the duties assigned to the teacher under the Act and by the board, a teacher shall, • (a) be responsible for effective instruction, training and evaluation of the progress of pupils in the subjects assigned to the teacher and for the management of the class or classes, and report to the principal on the progress of pupils on request; • (b) carry out the supervisory duties and instructional program assigned to the teacher by the principal and supply such information related thereto as the principal may require; • (c) where the board has appointed teachers under section 14 or 17, co-operate fully with such teachers and with the principal in all matters related to the instruction of pupils;

4. Regulation 298 Operation of Schoolsection pertaining to Duties of a Teacher • d) unless otherwise assigned by the principal, be present in the classroom or teaching area and ensure that the classroom or teaching area is ready for the reception of pupils at least fifteen minutes before the commencement of classes in the school in the morning and, where applicable, five minutes before the commencement of classes in the school in the afternoon; • (e) assist the principal in maintaining close co-operation with the community;

5. Regulation 298 Operation of Schoolsection pertaining to Duties of a Teacher • f) prepare for use in the teacher’s class or classes such teaching plans and outlines as are required by the principal and the appropriate supervisory officer and submit the plans and outlines to the principal or the appropriate supervisory officer, as the case may be, on request; • (g) ensure that all reasonable safety procedures are carried out in courses and activities for which the teacher is responsible; • (h) co-operate with the principal and other teachers to establish and maintain consistent disciplinary practices in the school;

6. Regulation 298 Operation of Schoolsection pertaining to Duties of a Teacher • ensure that report cards are fully and properly completed and processed in accordance with the guides known in English as Guide to the Provincial Report Card, Grades 1-8 and Guide to the Provincial Report Card, Grades 9-12, and in French as Guide d’utilisation du bulletin scolaire de l’Ontario de la 1ère à la 8eannée and Guide du bulletin scolaire de l’Ontario de la 9e à la 12eannée, as the case may be, both available electronically through a link in the document known in English as Ontario School Record (OSR) Guideline, 2000 and in French as Dossier scolaire de l’Ontario: Guide, 2000, online at www.edu.gov.on.ca/eng/document/curricul/osr/osr.html or www.edu.gov.on.ca/fre/document/curricul/osr/osrf.html;

7. Regulation 298 Operation of Schoolsection pertaining to Duties of a Teacher • (j) co-operate and assist in the administration of tests under the Education Quality and Accountability Office Act, 1996; • (k) participate in regular meetings with pupils’ parents or guardians; • (l) perform duties as assigned by the principal in relation to co-operative placements of pupils; and • (m) perform duties normally associated with the graduation of pupils. R.R.O. 1990, Reg. 298, s. 20; O. Reg. 95/96, s. 2; O. Reg. 209/03, s. 1.

8. Regulation 298 –section 19 There are three major factors that determine what mix of classes secondary teachers may be assigned to teach: • Teachers qualifications as identified on the OCT (Public Register) • Section 19 of Reg.298 • Collective agreement of the Board Section 19 for instance will state that a teacher • Who hold a “general studies” certificate such as History, Mathematics, Science, etc may be assigned to teach another such general studies subject even if they are not certified in that subject as long as there is a mutual agreement from the teacher and the principal

9. Section 19 of Reg. 298 2. The “limited subjects list” allows a teacher without specific subject certification to teach up to “two courses” per year in such subjects as “art, business, guidance, physical education, music, etc 3. The “restricted subjects list” requires teachers to hold specific subject qualifications in order to be assigned to teach the course. This list includes French, Technological Studies, special education, or classes for deaf and blind. Boards may apply to the College of Teachers for Temporary Letters of Approval to use an uncertified teacher in this area. If after a wide advertizing an uncertified teacher is still not found, a Board can apply to the Ministry of Education for a Letter of Permission to hire an uncertified person. i.e. hiring of a Red Seal chef for a technological education course.

10. Reg.264 and Reg.298 Scavenger Hunt • At your table you will find an envelope with numbered cards • There are twelve cards that need to be dealt at your table. Someone needs to be the dealer. For instance if you are four in your group you will get three cards or if you are 6 you will get 2 cards. • You are responsible to find the answer, Regulation and section of the act that corresponds to your question • You will need to scavenger through the regulations 264 and 298 • You need to share and complete all 12 answers on the following table

11. Duties of a teacher Reg 264, Reg 298  Which regulation and section would you find the answers to the following questions or situations?

12. Duty of care • Ontario law requires teachers to perform various duties from a parental perspective. For example, teachers must be positive role models for their students and must act as kind, firm and judicious parents when disciplining students. • Under the common law, teachers also have a duty of care to protect their students from all reasonable foreseeable risks of injury or harm. The standard of care is that of the careful or prudent parent. • The application of this standard of care varies from activity to activity and depends on several factors, including the nature of the activity, the number of students being supervised, their age, and the degree of skill or training that the students have received in connection with the activity. Information taken from: Professionally Speaking December 1998 issue

13. Duty of care • Regulation 298 under the Education Act says that it is the duty of a teacher to "carry out the supervisory duties and instructional program assigned to the teacher by the principal." Teachers must "ensure that all reasonable safety procedures are carried out in courses and activities for which the teacher is responsible." • The Act and regulations do not specify what degree of supervision is required. Such decisions are made by supervisory officers, principals, teachers, and boards. Although it is not the duty of school authorities to keep students under supervision during every moment, common sense must prevail. Information taken from: Professionally Speaking December 1998 issue

14. Duty of care The following principles should be considered: • the greater the number of students, the less the required supervision of each individual student • the lower the age and experience of the students compared to the sophistication of the activity, the closer the supervision • the higher the degree of difficulty or risk of injury, the closer the supervision • the poorer the condition of the equipment and the greater its unsuitability, the greater the risk of injury and therefore the closer the supervision. Information taken from: Professionally Speaking December 1998 issue

15. Duty of care • LIABILITY • Negligence or legal liability is acting without proper care. Negligence can result from action or inaction. The teacher’s obligation is not to act in a negligent fashion. • Some activities may have an element of inherent danger. Allowing students to participate is not negligence. However, the teacher responsible for such an activity must exercise a high duty of care. • School boards are vicariously liable for the negligent acts of employees while on duty. The Education Act requires a board to insure its employees and volunteers against claims arising from accidents. Information taken from: Professionally Speaking December 1998 issue

16. Duty of care • Negligence • Proof of negligence is based on proof that the harm was reasonably foreseeable. Teachers are unlikely to be held liable if the incident was not reasonably foreseeable. However, a court will likely find the teacher negligent if there is evidence that the student under the teacher’s care has been injured or harmed, that a breach of duty has occurred, and that a causal connection exists between the breach of duty and the injury or harm. • A court may find that there is contributory negligence; namely, that the student and the teacher have a shared responsibility for the injury. The court will assess a percentage of the damages to each of the parties based on how negligent each is. Information taken from: Professionally Speaking December 1998 issue

17. Duty of care • Negligence • A teacher’s duty of care also relates to the quality of instruction or training provided to the students. Regulation 298 requires teachers to "be responsible for effective instruction, training and evaluation of the progress of pupils in the subjects assigned to the teacher." • Ineffective instruction and training can cause serious harm to students, especially to those participating in activities that have the potential to place them at risk. Information taken from: Professionally Speaking December 1998 issue

18. Duty of care EDUCATIONAL MALPRACTICE • The medical profession is not the only one that needs to think about malpractice. • Educational malpractice has been defined as "institutional or educator incompetence which results in non-physical harm such as student failure to attain that level of learning he or she would probably have attained if he or she had received a reasonable, competent education; had not been misinformed as to the level of his or her abilities or achievements; had been properly diagnosed and informed of his or her special educational needs; and the like." • So far, Canadian courts have not imposed liability on teachers for malpractice Information taken from: Professionally Speaking December 1998 issue

19. Duty of care REDUCING LIABILITY • When planning courses and activities for students, educators should consider what needs to be done to reduce risks of liability. Teachers must make every effort to address such crucial issues as the degree of supervision required, the instruction and training needed to permit the students to function properly, and the condition of the equipment to be used. • Parents expect their children to be educated in safe, caring learning environments. When you plan, ask yourself, "If the students were my children, what would I, as a careful or prudent parent, do to fulfill my duty of care?“ Jack Berryman is an education officer in the School Governance Branch of the Ontario Ministry of Education and Training and a member of the College of Teachers. Information taken from: Professionally Speaking December 1998 issue

20. Reg. 437/97 Professional Misconduct • Please see attached handout of the 27 possible misconducts • Read the document (DEAR) • At your table please assign some or all of the following numbers 5,7,8,9,11,14,17,18,19, 27depending on the size of the group • Think of a possible case that would help explain the misconduct outlined in that number • Discuss with the rest of the group • Please be prepared to share one case with the class

21. Duties of a teacher Reg 264, Reg 298  Which regulation and section would you find the answers to the following questions or situations? Re