Teachers may sue over retirement cut

Source : Sunday Business Post

Sunday, November 09, 2008 By Martha Kearns
Teachers could take legal action over the budget decision to suspend an early retirement pilot scheme.

The Association of Secondary Teachers Ireland (ASTI) said yesterday that it felt the decision was against the law. John White, general secretary of the ASTI, said the union had taken legal advice on the issue, which he said was ''one of the most draconian measures'' in Budget 2009, and was considering taking legal action on behalf of some of its members.

The early retirement scheme was introduced on a pilot basis and was under review, but it had been agreed that it would include teachers until the end of the 2008/09 school year. Despite that, it was suspended with immediate effect in the budget. The scheme allowed teachers to retire if they were having ''professional difficulties in their teaching duties'' or where their roles were ''surplus to requirement''.

White said that the ''ASTI believes its suspension, particularly in the context where the Department of Education and Science had agreed to extend the pilot scheme to cover those retiring on August 31, 2008 and on August 31, 2009, is against the law''.

He said that some teachers who would have taken early retirement this year decided to stay teaching for another year, as they thought they could avail of the scheme next year.

"[They] could justifiably claim that they were entitled to notice. The ASTI has received senior counsel's opinion that teachers sufficiently prejudiced by the immediate termination of the scheme could justly complain that they were entitled to notice. The ASTI, guided by counsel's opinion, will take whatever legal action is necessary," said White.

Speaking at an ASTI education conference in Dublin yesterday, White added that teachers were prepared for a long and tough battle over a range of budget cutbacks.

''The ASTI does not accept these cutbacks and we will fight and argue against them as long as they remain. This campaign will not be a short, sharp campaign - it will, in all probability, be an extended campaign, but we have the stomach for the fight and we intend to see these cuts reversed," he said.

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Teachers who misbehave face sack in school rules shake-up

Source : Irish Independent

By John Walshe Education Editor

Tuesday November 04 2008

Teachers who are found guilty of serious misconduct or who pose a threat to the health and safety of students will be sacked under tough new rules.

A confidential Department of Education document obtained by the Irish Independent lists a long series of charges which will lead to a suspension on full pay, pending an investigation.

If this upholds the allegation of serious misconduct, "the normal consequence will be dismissal", according to the hard-hitting document.

Apart from theft and deliberate damage to school property, the document includes the following examples of serious misconduct:

  • Gross insubordination.
  • Incapacity to perform duties due to being under the influence of alcohol, unprescribed drugs or misuse of prescribed medication
  • Serious breaches of confidentiality.
  • Serious bullying, sexual harassment or harassment against fellow workers or students.
  • Downloading/disseminating pornographic material from the internet.
  • Circulation of offensive, obscene or indecent e-mails or text messages.
  • Bringing the school's name into serious disrepute.

Other examples of serious misconduct listed are violent or disruptive behaviour; serious abuse or misuse of school property and equipment; serious breaches of health and safety rules; gross negligence or dereliction of duties and fraud or deliberate falsification of documents.

The document stresses the list is "not exhaustive". But it is likely to spark an angry reaction from some teachers, who may feel it is too open-ended. The document still has to be accepted by unions and management.

Appeals

Under the proposals, a teacher accused of misconduct will have the right to respond to all allegations, and to appeal to an independent body put in place by the minister. The group's findings will be binding on the board of management and on the teacher.

The appeal panel will comprise a chairperson appointed by the minister, nominees of management and unions. Any decision to dismiss a teacher must be made by the school board.

The 17-page document was drawn up by a drafting committee comprising representatives of unions, managers and the Department of Education.

Under the terms of Towards 2016, all sides agreed to revise existing procedures for dealing with the suspension and dismissal of teachers.

The report says a "significant majority" of teachers discharge their duties in a competent and efficient way, so any process geared to address matters of professional competency is aimed at a minority.

The document outlines procedures for dealing with underperformance, starting with the informal stage -- where the principal advises the teacher of concerns about their professional difficulties.

The teacher will have to resolve these within a term. Failure to do so can result in the principal reporting to the board, which can then ask the principal to draw up a formal improvement plan. If there is still no improvement within a term an external review is the next stage.

This will normally be carried out by the department's inspectorate. Failure to co-operate will be a disciplinary matter.

The inspectorate's report will be considered by the school board, which can decide to proceed to take any of the following disciplinary actions -- deferral or withdrawal of a pay increment, suspension for a limited period or dismissal.

This can be appealed to the independent appeals group.

The second section of the document deals with procedures relating to misconduct.

Teachers who are accused of misconduct will get a written warning, which will be removed from their file after six months if there has been satisfactory improvement. If that does not work, they will get a final written warning for another six months -- after which the board can decide on disciplinary action, including demotion.

But these stages will be dropped in the case of what's deemed to be serious misconduct, where the board can move immediately to suspension on full pay, pending investigation.

Sources say there is an urgency about the unions and managers accepting the deal as the early retirement scheme was dropped in the Budget.

This allowed teachers who were experiencing professional difficulties to retire early with an enhanced pension.

- John Walshe Education Editor


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O'Keeffe and INTO to meet over Budget cutbacks impasse

Source : Irish Times

O'Keeffe and INTO to meet over Budget cutbacks impasse

SEÁN FLYNN

Tue, Nov 04, 2008

MINISTER FOR Education Batt O'Keeffe is set to meet the INTO and second-level school managers in the coming weeks as efforts step up to resolve the impasse over Budget education cutbacks.

The Minister says he will not compromise on his plan to increase class sizes but some changes to the controversial new regime for teacher substitution are likely before it is introduced on January 7th next.

School managers have warned that classes may be suspended and pupils sent home unless there is some change.

The recent Budget move to increase class sizes led to bitter exchanges last week between the Minister and the INTO.

The union said up to 1,000 jobs would be lost in the primary sector but the Minister accused it of "scaremongering".

Over the coming weeks, the INTO is planning a national campaign, beginning with a rally in Galway on Saturday, against the increase in class size and the Budget cuts.

The cuts have been described by INTO general secretary John Carr as "callous and savage". There is no indication that Mr O'Keeffe will give way.

A meeting is also planned between the Minister and the Joint Managerial Board (JMB) who manage most second-level voluntary schools.

JMB general secretary Ferdia Kelly has said the new substitution regime will generate chaos in schools and leave school managers with little choice but to close schools in January. Education sources say however that some compromise on substitution is likely.

The Budget moved to cut substitution cover for uncertified sick leave and for second-level teachers on official school business such as sports or career events.

Over coming weeks, the department is likely to consider new limits on uncertified sick leave and on the number of teachers permitted to go on school business during school hours.

While both sides continue to talk tough, both are also anxious to avoid a confrontation - in which schools could close - in January.

Separately, the union said, INTO members voted to accept the national pay deal by a significant majority.

© 2008 The Irish Times

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Budget row leaves bitter taste

Source : Irish Times

Tue, Nov 04, 2008

TEACHER'S PET:The Government may have survived . . . but the bad feeling over those Budget cuts in education still lingers.

The key relationship between Minister for Education Batt O'Keeffe (below) and INTO boss John Carr has an icy chill. Carr was furious over that unexpected increase in class size. When the Minister accused him of "scaremongering" last week, it added insult to injury.

There is also a new frissonin the relationship between the Department and several key interest groups.

Many among the teacher unions and school management bodies were dismayed by mean-spirited nature of the cuts - and the lack of knowledge they betrayed of school life. Many had assumed that there were working in partnershipwith the Department - but the Budget row has exposed the limits of this partnership.

The cuts were presented as a fait accomplito the entire education sector, with only lip-service paid to the notion of consultation.

But, with the Government safe, Batt is digging in on the cuts.

He has also decided that attack is the best form of defence. His lively Dáil speech last week had a series of good humoured barbs directed at his various detractors. At this stage, it is difficult to see him giving ground on class size. Whisper it . . . but it may be that the INTO has already lost that battle.

• Who were the big winners in the Budget education battle?

INTO president Declan Kelleher emerged on the national stage as a figure of some substance. And Ferdia Kelly from the JMB, representing school mangers, was also impressive.

But, strangely, the big winner was Batt O'Keeffe who held his nerve while all those around him in Cabinet were yielding ground. On RTE's Prime Time, Batt managed to be combative - without losing his affability.

O'Keeffe and his clever communications director Bernard Mallee make a formidable team. And both appear to be relishing the battle.

• Is Fine Gael's Brian Hayes a secret rock and roll fan?

In a press release last Thursday, he labelled the Green's Paul Gogarty as "a rebel without a clue".

It was another memorable Hayes soundbite. But this great line was lifted from the Tom Petty classic Into the Great Wide Open.

© 2008 The Irish Times


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Pay cuts won't fix underlying problem in education

Source : Irish Independent

By John Carr
Tuesday November 04 2008

Opposition by thousands last week to the education cuts announced in the Budget has produced a predictable response from some quarters.

A typical example came from former Limerick University president, Edward Walsh, who called on teachers to take a 10pc pay cut.

His justification for this shows very little understanding of the real issues.

"Class size may be a factor when pupils are very young," states Walsh.

Loathe as I am to correct the homework of a former university president, but that should read, 'Class size is a factor when children are very young'.

Large class sizes mean less time for children in school with more children falling behind from an early age. Large numbers mean more distractions, more time spent on management and organisation of pupils than on teaching and learning.

Walsh makes the claim that the class size increase returns us to 2007 levels. Correct. That was the time 18,000 parents attended meetings to demand smaller classes and 200,000 parents petitioned the Education Minister for smaller classes.

Those parents who petitioned and protested all knew then and know now that class size is a factor when children are young.

This is even conceded by the McKinsey Company on whose analysis Walsh bases most of his subsequently misguided argument.

The McKinsey Report claims education standards can be boosted by improving teaching standards as opposed to spending more money or reducing the size of classes.

It claims that three things are necessary to improve standards -- getting the right teachers, developing effective teachers and ensuring every student performs well. I agree entirely.

Primary education performs well in this regard. We get the right teachers. Unlike many countries, Irish primary teachers are drawn from the top quarter of school leavers. We develop effective teachers in college and afterwards.

Irish teachers ensure that every student performs well. The curriculum sets particular learning outcomes for children, system wide checks are in place on school performance and discussions are well underway on a new system of tackling alleged teacher under-performance.

The way to improve outcomes is to make good in areas where we fall down badly. These are in the area of funding and class size.

Walsh claims that Ireland lags behind particular countries like Singapore on some international test comparisons.

Test performance is not the only criteria on which to judge an education system. Schools also need to produce pupils who are creative, adaptable and imaginative, traits that have attracted much of the foreign direct investment into this country.

He goes on to argue that the creators of the Celtic Tiger economy were educated in far larger classes. That is true. What he conveniently ignores is the many children left behind are now struggling in adult life.

The underlying problem is the low funding provided to Irish schools. Ireland spends 4.6pc of its wealth on education; 6pc is the average in most developed countries.

Yes, Irish teachers may appear well paid by international standards but when the cost of living in Ireland is factored in, pay rates are fairly average.

Calls for a 10pc pay cut are relatively easy for those who earn €250,000 a year. Most teachers on average salaries of €50,000 per annum are, like other workers, struggling.

A fairer way to fund education is through the taxation system through which all can make an appropriate contribution.

Walsh's flawed supporting arguments could easily damage a previously impressive academic reputation.

John Carr is General Secretary of the Irish National Teachers Organisation

- John Carr


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