bcpsea: overview of bill 22 (mar. 1, 2012)

8/2/2019 BCPSEA: Overview of Bill 22 (Mar. 1, 2012)

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An Overview of Bill 22 Education Improvement Act

Comparing Class Size and Composition

Current Model Proposed Bill 22 Model

District Average Requirements

Has district average requirements

Kindergarten = 19 Grades 1-3 = 21 Grades 4-7 = 28 Grades 8-12 = 30

Repeals district class average requirements

Class Size Limits

Teacher consultation required for all classesexceeding 30 students (Grades 8-12) or wherethere are more than three IEP students in theclass (Kindergarten to Grade 12)

Requirement of consent of teacher to exceed30 students in a class for Grades 4-7

Maintains hard cap of 22 students forKindergarten and 24 students for Grades 1-3

Requires that classes in Grades 4-12 not to

exceed 30 unless:

in the opinion of the superintendentand principal the class is appropriatefor student learning, or

the class is in a prescribed category[categories will be set out in Regulation- examples may be band, drama]

Additional compensation to be provided toteachers for Grade 4-12 class that exceeds 30

students unless the class is in a prescribedcategory of classes

Minister can create categories of classes thatare exempt from the limit to 30 provisions(including additional compensation) describedabove


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Current Model continued Proposed Bill 22 Model continued

Students with Designations

Requirement that principal of school andsuperintendent of district to hold opinion that

class that contains more than three IEPstudents is appropriate for student learning

No reference to IEP students in a class [allowsfor an unlimited number of students with

designation to be placed in a class providedother statutory requirements met]

The School Regulationwill be amended tomake explicit that, as part of core duties, on allmatters of organization including placement ofstudents with special needs, principals have aduty to consult.

Report Requirements

Reporting requirements to Board, School

Planning Council, Parents Advisory Council,Ministry, public on rationale for classes thatare organized over 30 students

Principal no longer required to consult or

obtain teacher consent, or consult with SchoolPlanning Council regarding the organization ofclasses, or provide a report to thesuperintendent on the organization of classes

New Regulations

Bill 22 provides for regulations:

Prescribing categories of classes, amount/timing and form of compensation to teachersfor classes over 30 students

Prescribing class size limits of fewer than 30 for the purposes of s. 76.1(2.4) [thoseclasses 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 sizefor 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 Actprovides 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 collectiveagreement 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 learningthrough:

(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 Actto 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 Actto 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.

bcpsea: overview of bill 22 (mar. 1, 2012)

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