Hamilton Junior High School Board of Trustees will comply with all the requirements of the current teachers’ collective employment contract and the rules of the New Zealand Teachers’ Council when considering a teacher’s competence.
i. To ensure competent staffing of the school.
ii. To ensure honesty and fairness in any competence process.
iii. To comply with the current collective employment contract.
i. The Principal will provide all staff with opportunities for appropriate and effective professional development.
ii. The Principal will have an appraisal system to monitor teachers’ effectiveness and identify areas for development and extension.
iii. The school will keep records of a staff member’s appraisal and professional development history.
iv. All complaints about competence must be in writing and directed to the Principal and Board of Trustees unless:-
a) The complaint is about a teacher who is not currently employed by the Board.
b) The complainant considers on reasonable grounds that the Principal and Board will not be able to deal with the complaint effectively because of an actual perceived conflict of interest;
c) The complaint has been made to Principal and Board, but the complainant is not satisfied with the way in which the complaint is being, or was dealt with:
d) In any other exceptional circumstance.
In these circumstances a written complaint can be made directly to the New Zealand Teachers council. The complaint must include a report on any action taken by the Principal and Board.
v. When there are matters of competence, which are causing concern in respect of any employee, the employee shall be advised as early as possible. The process will be managed to protect the mana, dignity, of the teacher.
vi. The teacher shall be advised of his/her right to seek family/whanau, professional and/or union support.
vii. The teacher shall be advised of the right to be represented at any stage.
viii. An appropriate assistance and personal guidance programme to assist the employee shall be put in place.
ix. When the assistance and guidance has not remedied the situation the following actions will be taken:
a) Advise the employee in writing of:
- The specific matter(s) in relation to the relevant section(s) of professional standards causing concern.
- The ways concerns can be remedied.
- The right to consult their union.
- The right to be represented at any stage.
- The time (normally 10 weeks) to be given to remedy the situation.
- The monitoring or guidance given.
b) Assess whether or not the teacher has remedied the matter(s) causing concern.
c) Show the written report of the process and any written evaluation to the employee and request a signature on the documentation.
d) Provide time for the employee to make a comment in writing or orally or both.
e) If the employee has remedied concerns, then no further action is to be taken.
f) If the employee has not remedied the concerns, then:
- The employee may be dismissed without notice and paid one month’s salary in lieu of notice.
- A holder of units may be reduced in status if the circumstances warrant such a reduction, rather than dismissed.
x. It is mandatory to report failure to reach the required level of competence to the New Zealand Teachers’ Council. The Board must immediately report to the Council if it is satisfied that, despite undertaking competency procedures with the teacher, the teacher has not reached the required level of competence.
xi. A copy of any report to the New Zealand Teachers’ Council will be made available to the employee.
xii. The Board must report immediately to the NZTC if within 12 months after a teacher has left a complaint is received about the teacher’s competency while they were employed, The report must:
- Be in writing
- Include a description of the competency issues
- Describe what action (if any) the Principal and Board has taken
The report may include any additional information the Principal and Board think relevant.
xiii. The Board must immediately report to the New Zealand Teachers’ Council in the following situations:
- When a teacher has been dismissed for any reason;
- When a teacher resigns and the school had in previous 12 months;
- Investigated them in regards to competence; or
- Warned them about competence,
The report must be in writing and must contain:
- The reason for the dismissal
- A decision of the competency issue involved
- A report of what action (if any) was taken by the school.
xiv. Failure to report, in any of the situations where the Board is required to, is a summary offence and carries a $5,000 fine.
xv. If the Board believed on reasonable grounds that it was following the exemptions to reporting a former employee:
- They are satisfied that the complaint is malicious, vexatious, or without any foundation;
- They are satisfied the teacher reached the required level of competence about the compliant was made;
Then they have a valid defence to any charge of non-reporting.
This policy will be reviewed as part of the Board’s cycle of review/schedule
Date of Approval __________________________________________________