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How Important is my Contract?

 

I have a contract to teach in a Christian School. What is my responsibility with respect to the contract?
 
Contracts matter a lot. Most CTABC members work at schools that are served by the SCSBC, the Society of Christian Schools of BC. This organization recommends to administration and school boards a sample contract that has been carefully crafted with input from teachers, principals, school boards and lawyers specializing in labour law and employee relations. If you have accepted a teaching job at a school, ensure you have a signed contract. Pious promises of a job given verbally are not good enough! Insist on a contract and a letter of employment.  
 
Most contracts come in two formats; a one year probationary contract and a continuous contract. When you begin your employment, you can expect to receive a probationary contract. You are well advised to read the entire contract and arrange to have a meeting with the Administrator to review the contract.
 
A contract is binding on both parties. Once a contract is signed, a teacher has a professional responsibility to abide by the provisions of the contract. A board and administrator have the same responsibility. In BC, our employment laws go as long way to ensuring workers rights are protected. The contract adds considerable legal weight to this responsibility. As Christians, contracts are covenants, and thus also carry with them a Biblical understanding of justice and compassion.  
 
The contract will often refer to the staff handbook as a further clarification on school policy. You are well advised to read this handbook and  many Principals will take the time during an “In-service” day before school starts to walk through the “Staff Handbook.” If your Principal does not have an “in-service meeting,” then ensure you take the time to read the Staff Handbook.”
 
The cover letter that comes with the contract is also an important document. This spells out any extra conditions that may apply. For instance, does the contract state that the position is for only one year, as may be the case for maternity leave coverage; or does the contract state that the position will be re-advertized and the teacher will need to re-apply? The latter may happen if the position is seen as a temporary appointment until an applicant is found who meets all the conditions for the job. A newly hired teacher is well advised to determine if there are any extenuating circumstances that apply to the contract. A one-year probationary contract is exactly that - a commitment by the administration and board to a teacher for one year.
  
 A contract spells out many other factors that may have implications for the teacher. The following is a check list that a teacher would be well advised to consider:
 
  1. What will I be paid? What are the benefits? How much of the benefit plan is paid by the board and how much do I pay.
  2. Are there any unexpected dues that will be deducted? Many schools deduct the CTABC membership of $160.00 over a twelve-month paycheck period. Some schools deduct a school membership fee.
  3. Is there a “Community Lifestyle” provision? Some schools expect teachers to send their children to the school where they are employed? Some schools have a  church membership requirement.
  4. Most contracts have a termination provision. The following are areas to note:
    1.  Our professional relationship to students is guarded carefully by Federal and Provincial statute and by the BC College of Teachers and the Inspector of Independent School Office. Christian School employment contracts support these laws unequivocally. Don’t expect to get a “compassionate Christian” break from your board or administration or CTABC if you violate the “boundaries” that a professional teacher needs to respect of his or her students.
    2. Incompetence can be a cause for dismissal. This rarely happens since most newly hired teachers have had a year of teacher preparation at an accredited teacher’s college or university. But when it does happen, it is generally accepted that the principal, or his or her professional designate, will have made at least three classroom evaluation visits and submitted reports to be shared with the teacher. Dismissal, based on incompetence, requires careful attention by professionals. An education committee or board member visit does not constitute professional judgment. It can be used only to confirm what administration has put in writing. A teacher who is dismissed for incompetence and has not had a written evaluation by an administrator has reason to challenge the decision and needs to call the CTABC office for “Facilitation or Mediation.”
    3. Declining enrolment can be a cause for losing a job. Some contracts make provision for this possibility. Most schools will absorb the loss of income if they are large enough and will honour the contract. Small schools may not have the financial resources to make this possible. The CTABC is of the view that at a minimum, a school should be expected to pay a three-month salary if a contract for a first year teacher needs to be broken for this reason. A teacher is well advised to ask questions about this provision and may address the concern in a letter to accompany the contract that has been signed. Have the principal and board initial the letter if the contract does not deal with the impact of declining enrolment.
 
    1. Some contracts are terminated “without cause.” This is a sad day for the teacher and the school when this happens but it is a provision that BC labour law provides to “terminate” an employee’s job. This approach should be a “last resort” for Christian schools. In this scenario, the teacher is asked to leave and is provided a substantial “buy out.” This option has been used by some Christian School Boards to dismiss a teacher who is “just getting the job done” but has lost the confidence of the school community. 
    2. Probationary contracts are, by nature, framed within the bounds of a time line. A prudent teacher with a probationary contract will want to initiate the following signals if he or she is interested in continuing to work at the school:
                                                               i.      In January of the school year, inform the Principal in writing of your intentions. Some Administrators initiate this process by issuing “Notice of Intention for the Following School Year.” Take this step seriously.
                                                             ii.      By April 1 of the school year, a teacher with a Probationary Contract, should have been evaluated three times. If this has not happened by February 1, request a classroom evaluation visit from the Principal. Written evaluations provide an invaluable professional growth opportunity and a future reference.
                                                            iii.      By April 30, your school should have issued you another contract. If you do not have a contract, insist on one. If by May 15, there still is no contract, send a letter to the Chair of the Board and Education Committee asking why the Probationary contract has not been renewed.
  
 
 
  1. The Contract is for Twelve Months. What are the reasonable expectations of the Board, Principal and Teacher for the year?
    1. Instructional Days: It should be clear from the contract or the staff handbook that the teacher is expected to be at school on time, be prepared to teach, provide extra-curricular support, attend meetings etc., on the designated days. Failure to show up at school will mean a loss in pay.
    2. Sick Days: Most schools provide 10 days of paid leave for illness.
    3. Personal Days: Contracts vary on the number of days permitted and what the criteria may be.
    4. The principal has the right to assign teaching duties. The teacher cannot expect to have the right to a certain class or classroom. The principal will usually alert the teacher to all the possibilities in advance of a new school year. However, unexpected changes in enrolment could necessitate a change in classroom assignments.
    5. Most schools have an expectation for the staff to do professional development. A professional teacher is well served to provide the principal a 5 to 10 year Professional Development plan in advance. Many schools have a provision to pay for all or part of a teacher’s professional development. An expectation that the teacher takes a university course or an equivalent team course writing project every three years is reasonable.
    6. Extra-curricular responsibilities are an expectation of each teacher. Most tasks are apportioned at a staff meeting when the interests and skills of a teacher are considered. A professional teacher will ensure that he or she is doing her extra-curricular time as part of the teaching community. 
    7. Meetings and community events can be an extra burden. Teachers and support staff are often expected to attend membership meetings and school community functions. These events are important but teachers with significant family responsibilities and unusual personal or professional expectations need to be given “grace” in opting out. The contract may be specific to some of these expectations.
 
 

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