Teachers as Professionals
The role of teachers can be examined from two perspectives:
professional and union.
This chapter examines both teachers as professionals and the
professional role of teacher associations.
Considerable attention is given to ethical principles and to codes of
ethics and of professional conduct.
The final topic to be examined is that of teacher licensing.
There has been some debate over the years as to whether teaching
really is a profession.
Certainly elementary and secondary school teaching has become much
more professionalized over the past two or three decades than it ever
was before.
Some authors classify it as a semi-profession, whereas others
distinguish secondary school teaching from elementary school teaching
and classify the former as a profession and the latter as a
semi-profession.
This distinction has little to recommend it in Canada but may be valid
in those countries where, for example, secondary teachers are educated
in universities and elementary teachers are not.
Rich (8-11) lists seven characteristics of a profession.
A profession:
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1. requires a high degree of general and systematized knowledge,
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2. requires a long period of specialized intellectual training,
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3. is characterized by work that is essentially intellectual,
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4. provides a unique social service,
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5. controls its standards of entrance and exclusion,
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6. develops and enforces a professional code of ethics, and
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7. grants practitioners a broad range of autonomy.
No occupation fulfils all of these criteria completely.
Teaching would seem to rate very high on the third point, high on the
first and fourth points, high on the sixth point in most provinces,
medium on the second and seventh points, and low on the fifth
point.
These ratings are, of course, open to debate.
Teaching stands out in several ways on the above criteria.
Its mission, the transmission of knowledge, is intellectual by nature,
but that mission is unspecialized enough that it can be entrusted to the
family during an individual's first five years of life.
The only low rating that teaching receives is for the control of entrance
to and exclusion from the profession.
Provincial governments have not been willing to entrust
teacher
organizations with control of the supply of teachers.
Instead the provinces have kept close control of certification
requirements and, by logical extension, of the suspension and
cancellation of teaching certificates.
Two important exceptions to this rule are the colleges of teachers
in British Columbia and Ontario that control certification in those
provinces.
In no province have teacher organizations been able to limit the supply
of teachers.
As a result, teachers have not experienced the income benefits of supply
limitation, but neither has society had to pay the costs of artificially
induced teacher shortages.
Teacher organizations have already been discussed in chapter 12 as
organizations supporting education, and all teacher organizations in
Canada have been named.
We focus here on the professional activities of teacher
organizations.
It is important to recognize that, although membership is compulsory in
most teacher organizations, they are democratic in nature.
They normally have an elected president and executive that direct a
small staff of professional and non-professional employees.
Teacher organizations represent the interests only of teachers and only
in their role as teachers.
This fact goes a long way in explaining their behaviour.
Teacher organizations do not represent children, school trustees, or
society, nor do they attempt to act in these groups' interests.
They do not represent teachers as taxpayers, citizens, or parents.
Teachers are represented not as whole persons but as teachers.
A very important function of all teacher organizations is lobbying
governments, particularly provincial governments but also, to a lesser
extent, school boards and the federal government.
This lobbying occurs in areas of direct interest to teachers, including
pensions, certification requirements, curriculum reform, and working
conditions.
Teacher organizations are active during provincial elections, sensitizing
teachers to issues related to education and keeping them
well-informed.
Some perform a similar role for the public.
The issue of hours of work and preparation time provides an example of
the orientation of teacher organizations.
They invariably prefer shorter school days and years and more
preparation time for teachers.
This reduces the time during which the student has contact with
teachers, makes teaching less onerous, and may improve the
instructional efficiency of the remaining contact time.
The overall effect is difficult to judge.
But most parents and probably most trustees would prefer more, rather
than less, contact time.
Teacher organizations prefer that more money be spent on education.
As such, they are representing the views of their membership as
teachers rather than as taxpayers.
This is perfectly rational since teachers and the teaching profession
receive a large share of the benefits of public commitment to education
but pay only a small proportion of school taxes, which are collected over
a broad tax base.
Taxpayers as a group tend to be less enthusiastic about increasing
financial support for education than are teachers.
The related functions of professional development and inservice
education are major ones for teacher organizations.
Many of them have suborganizations called subject councils or specialist
councils that are involved in inservice education in their particular
subject areas and in curriculum reform.
These councils represent subject areas such as mathematics and
reading, levels such as elementary and early childhood, and special
functions such as school administration and special education.
They frequently sponsor workshops and conferences and are a major
source of curricular improvement.
Many teacher organizations publish periodicals, reports, and handbooks
and sometimes operate their own printing shop.
A typical teacher organization will publish a handbook for its members
that gives the history and policies of the organization.
It also publishes at least one general-purpose periodical for its members
and may publish periodicals for the specialist councils.
Some of the most important aspects of teaching professionalism for
classroom teachers are contained in the codes of ethics and codes of
professional conduct that teacher associations have adopted.
Not all Canadian teacher associations have them, but, even in the
absence of a code, the principles they embody represent worthwhile
guides to practice.
Ethical codes contain two types of statements: broadly worded positive
exhortations representing general principles and more specific rules
that forbid certain types of behaviour.
Statements in codes are frequently organized according to the object of
the ethical principle involved in the statement: students, colleagues,
employers, and the profession.
Most of the principles in this chapter come from such codes.
Teacher organizations are able to enforce their codes by virtue of powers
given them under teacher profession acts.
Alleged violators are investigated by the organization and, if found
guilty, may be reprimanded
or denied the privileges of the organization.
Teacher organizations are unable to dismiss teachers from their
employment or cancel their licences to teach, but, in serious cases, the
latter course of action can be recommended to the minister of education
in most jurisdictions and to the College of Teachers in British
Columbia.
Ontario is exceptional in that the ethical principles that apply to
members of all teacher associations are contained in a series of
regulations under the
Teaching Profession Act,
the act that creates the Ontario Teachers' Federation.
Regardless of association membership, all Ontario teachers are
members of the Ontario Teachers' Federation and are subject
to these regulations.
Some codes contain provisions specifying the professional
responsibilities of teachers and requiring that these not be
delegated.
The “Code of Professional Conduct” of the Alberta
Teachers' Association provides an example (Alberta
Teachers' Association, 1).
2(1) The teacher is responsible for diagnosing educational
needs, prescribing and implementing instructional programs
and evaluating progress of pupils.
(2) The teacher may not delegate these responsibilities to any
person who is not a teacher.
3 The teacher may delegate specific and limited aspects of
instructional activity to noncertificated personnel, provided
that the teacher supervises and directs such activity.
The exception in section 3 should cover the use of paraprofessionals in
the classroom and the occasional use of outsiders, such as firefighters,
to teach one class in their area of expertise.
Provisions similar to these are often found in collective agreements
rather than in codes of ethics, in order to permit their enforcement
against the employer.
Boards have an incentive to employ resources that are less costly than
teachers; hence, the ability to enforce these clauses against the board
makes them far more effective.
These provisions operate to protect the profession against unqualified
practitioners and sometimes against qualified ones employed by the
board in lower paid teacher aide positions.
The more specific treatment-rights provisions resemble those in human
rights codes, as illustrated by the following example from the statement
of “Professional Rights and Standards of Practice” of the British
Columbia Teachers' Federation.
2. Social Responsibility
(f) interactions with students, parents and colleagues, and
other members of the educational community are conducted in
an ethical manner free from discrimination with regard to
gender, age, race, nationality, religion, socio-economic status,
physical ability, mental ability, marital status or sexual
orientation.
This clearly applies to relationships with students, but also applies to
interaction with their families.
In the classroom it involves both the process of teaching and the
material that is taught.
Some other teacher associations have similar clauses but not all include
sexual orientation as a forbidden basis of discrimination.
The “Code of Ethics” of the British Columbia Teachers' Federation spells
out a more general treatment requirement.
1. The teacher speaks and acts toward pupils with respect
and dignity, and deals judiciously with them, always mindful
of their rights and sensibilities.
Similar provisions in other codes require that pupils be treated in a just
and impartial manner, that they not be restrained from independent
action in the pursuit of learning, that they not be denied access to
varying points of view, and that they not be exposed to intentional
embarrassment or disparagement.
Teachers are not to undermine the confidence that students or teachers
have in students.
Some codes contain a positive requirement that teachers be mindful of
the health and safety of students.
Confidentiality provisions are almost universal in codes of ethics for
teachers.
The Alberta Teachers' Association's code requires that (Alberta
Teachers' Association, 1):
5 The teacher may not divulge information about a pupil
received in confidence or in the course of professional duties
except as required by law or where, in the judgment of the
teacher, to do so is in the best interest of the pupil.
Other codes require that such information be divulged only through
professional channels.
Modern codes make an exception for the reporting of suspected child
abuse, now legally required by every province.
Even without the exception, these reporting requirements take
precedence over codes of ethics.
A conflict of interest occurs when a professional interest clashes with a
private one.
As a consequence, professional objectivity is compromised and
professional performance may suffer.
The existence of a conflict of
interest situation raises a suspicion of
unprofessional performance.
In any profession, conflicts of interest are avoided to ensure both
professional practice and the appearance of professional practice.
All professions have potential conflicts of interest specific to the
profession, and teaching is no exception.
Conflicts of interest can occur with respect to pupils, colleagues, or the
employer.
The two archetypal conflicts of interest involving pupils are dealt with
specifically in the Alberta code (Alberta Teachers'
Association, 1).
6 The teacher may not accept pay for tutoring a pupil in any
subjects in which the teacher is responsible for giving
classroom instruction to that pupil.
7 The teacher may not take advantage of a professional
position to profit from the sale of goods or services to or for
pupils in the teacher's charge.
Some other codes are stricter with respect to tutoring, by
forbidding the tutoring of one's own pupils for pay
regardless of the subject.
Campbell gives some applications of the above principles:
“The case of a teacher using his professional status to
sell encyclopedias to parents is a classic example of
stretching the Code beyond its limits. . . .
The example of fund-raising campaigns for schools leading to rewards
for the organizers is beyond the pale.
Students do the leg work and the teacher gets the trip.” (5).
Both of these examples involve a clash between the pupilteacher
relationship and private profit or gain.
In general, conflicts of interest with respect to pupils involve teachers
exploiting their positions of authority and influence over pupils.
Many of the ethical principles governing relationships with colleagues
do not involve conflicts of interest, but there is one recurring and
frequently unavoidable conflict that teachers have to learn to
live with.
It is the teacher who is also a parent and has a child in the same
system, school, or even class in which the parent teaches.
The role of parent comes into conflict with the role of teacher
or staff member.
A conflict of interest arises when a husband and wife are on the staff of
the same school.
Some large boards forbid this, whereas others allow it but do not permit
one spouse to have a reporting relationship with the other spouse.
In the latter case, a principal's teacher-spouse would have to
teach in a different school.
Neither rule is very attractive to small boards or those operating in
sparsely populated rural areas.
In some isolated situations, husband-and-wife teams are encouraged.
There are few conflicts of this type involving teachers.
Occasionally the spouse of a teacher will be a school board member, but
this creates a conflict more for the spouse than the teacher.
Engaging in non-school activities for profit during schools hours creates
a conflict in the use of time and is explicitly forbidden by
some codes.
Another possibility is the purchasing-agent conflict of interest.
Many codes do not deal with this, but the code of the New Brunswick
Teachers' Association does (New Brunswick Teachers' Association,
3941).
It shall be unethical . . .
(l) For a teacher to accept personal gifts which would not
directly benefit the school program, from companies servicing
the needs of schools or student extracurricular activities.
The “Code of Ethics” of the National Education Association (of the
United States) requires that the teacher “not accept any gratuity, gift,
or favor that might impair or appear to influence professional decisions
or actions” (Rich, 148).
The problem is that acceptance of personal gifts may influence the
purchase decision or professional decisions more generally.
The stricter codes for purchasing agents prevent the acceptance of any
gift from a potential supplier, including drinks, meals, and even small
mementos such as pins and pens.
Teachers, because they control small budgets, frequently find
themselves not being pursued by salespersons with offers of free drinks
and meals and therefore have little opportunity to violate this ethical
principle.
Codes of ethics contain detailed provisions for preventing one teacher
from undermining another and for preventing conflicts between
teachers from harming the profession or its image.
The following series is from the Alberta code (Alberta
Teachers' Association, 1).
12 The teacher does not undermine the confidence of pupils
in other teachers.
13 The teacher criticizes the professional competence or
professional reputation of another teacher only in confidence
to proper officials and after the other teacher has been
informed of the criticism.
14 The teacher, when making a report on the professional
performance of another teacher, does so in good faith and,
prior to submitting the report, provides the teacher with a
copy of the report.
15 The teacher does not take, because of animosity or for
personal advantage, any steps to secure the dismissal of
another teacher.
· · ·
20 The teacher submits to the Association disputes arising
from professional relationships with other teachers which
cannot be resolved by personal discussion.
Section 12 deters teachers from criticizing other teachers in class or
elsewhere in the presence of students.
Sections 12 to 14 prevent criticism of teachers from within the
profession in ways that could be very damaging to the profession.
The prior notice requirements of sections 13 and 14 act, on the one
hand, to discourage frivolous or malicious criticism and, on the other
hand, to give the targeted teacher an opportunity to mount a timely
defence.
Professions and professional associations benefit from unity within the
profession, and all these clauses operate to encourage unity and
mitigate disharmony.
The Code of Ethics of the British Columbia Teachers' Federation
contains a provision governing criticism of teachers by teachers.
5. The teacher directs any criticism of the teaching
performance and related work of a colleague to that colleague
in private and only then, after informing the colleague of the
intent to do so, may direct in confidence the criticism to
appropriate officials who are in a position to offer advice and
assistance. (See note below).
· · ·
NOTE: It shall not be considered a breach of Clause 5 of the
Code of Ethics to report reasonable grounds for suspecting
child abuse to proper authorities according to legal provisions
and official protocol requirements.
The note to clause 5 of the code, added in 1990, makes an exception for
legally required reports of suspected child abuse.
In a British Columbia Court of Appeal case
(“Re Cromer . . .”), a
teacher who was also a parent appealed a lower court confirmation of a
finding by the British Columbia Teachers' Federation that she had
violated section 5 (above) of its “Code of Ethics”.
Cromer, the appellant, had children in another school in the same
district in which she taught.
She attended a stormy public meeting at her son's school during which
the counsellor's sex education program was criticized by parents.
During the latter part of the meeting Cromer, told the counsellor
publicly that she should not be a teacher if she treated children the way
she treated parents and that she had been abusive to parents and had
told them that they were failures.
The counsellor complained to the federation, which found that Cromer
had violated the code.
Cromer's appeal against this decision, based on the freedom
of speech provisions of the
Constitution Act, 1982,
was dismissed at trial and
by the Court of Appeal.
Cromer argued that she spoke as a parent, but the court countered,
noting that (290291):
I do not think people are free to choose which hat they will
wear on what occasion.
Mrs. Cromer does not always speak as a teacher, nor does she
always speak as a parent.
· · ·
. . . if Mrs. Cromer's comments had been directed to the
subject-matter of the meeting, that is, the teaching of aspects
of human sexuality as part of the guidance programme for
grades 7 and 8 and the handing out of the lists of questions to
grade 8 students, then I would have considered that the
public interest in letting her speak out should have
overridden the Code of Ethics, to the extent that anything she
might have honestly said on that subject-matter could be
regarded as a criticism of Ms. Sauve.
But Mrs. Cromer's comments were not directed to the subject
matter of the meeting. . . .
They are entirely personal criticisms of Ms. Sauve as a
teacher.
Cromer's public criticism was unethical regardless of whether it was
true or false.
Had Mrs. Cromer not been a teacher she would have been beyond the
reach of the “Code of Ethics” and protected by her right to freedom of
speech.
In a case more recent than Cromer but very similar, the Alberta Court
of Appeal took a different position with respect to teachers
who are also parents
(“Eggertson . . .”).
The appellant and her husband attended “Meet the Teacher” night
at their children's school on September 26, 1997.
The purpose of
the occasion was to afford parents and teachers an early opportunity
to meet and exchange information about the students.
During a discussion with their children's new teacher, the appellant
made a comment to the effect that the children did not learn a thing
from their teachers the previous year.
The school principal convened a meeting at the school on October 9, 1997
for the purpose of dealing with the concerns expressed by the appellant
and her husband about the academic progress of their children.
The appellant and her husband, the children's current teacher and two
other members of the teaching staff were present.
Neither of the previous teachers attended.
The appellant made a comment at that meeting to the effect that her son
had learned nothing the previous year.
Four months after the statements were made, and shortly after the appellant
had the children removed from her responsibility, the current teacher
formally complained to the ATA that the appellant's critical comments
about the children's teachers the previous year constituted unprofessional
conduct.
The complaint to the Alberta Teachers' Association was accepted and
Eggertson was found guilty of professional misconduct under section
13 of the ATA code, quoted above.
Her appeals were rejected by the Professional Conduct Appeals Committee (PCAC)
and by the court of first instance but these decisions were reversed by
the Court of Appeal.
In its decision,
the Court of Appeal relied heavily on wording in the Alberta
School Act
and in the policies of the Calgary Board of Education (C.B.E.) ensuring that
parents would be involved in the education of their children
and that they could discuss the personal and educational growth
and the academic needs of their children with their children's
teachers.
The PCAC implied a parent - teacher may only criticize his or her child's
present or former teacher by following the procedure fixed by s. 13.
That would place parents who are also teachers at a disadvantage in communicating
with their children's teachers and discourage the free and candid exchange of
information and ideas between parents and teachers which is recognized by the
School Act
and the C.B.E. as a vital part of the education process.
The decision did not accord adequate weight to the parental rights of the
appellant as established by the School Act and the orders and regulations
made pursuant to it, or to the regulations of the C.B.E.
The appellant's status as a parent required a balancing of her parental
rights with her professional obligations as a teacher and member of the
ATA rather than the strict and literal approach taken by the Committee
and the PCAC.
With these words the Court of Appeal reversed the earlier decisions and
upheld the parental rights of parents who are also teachers.
An earlier Nova Scotia case (“Busche, Re”) involving a teacher who
wrote two letters to the editor of a Halifax daily newspaper opposing a
political position taken by the Nova Scotia Teachers' Union (NSTU)
illuminates the boundaries to the application of this type of clause.
These letters were written in response to letters written by other
teachers supporting the position of the union on some proposed
provincial legislation affecting teachers.
The opposing teacher referred to a statement made in one of the
supporting letters as “a misleading half-truth” and labelled other
statements in the letters as “double-talk”.
After being reprimanded by the NSTU for making “defamatory or
disparaging remarks concerning another teacher” contrary to the NSTU
code of ethics, the teacher appealed to the Nova Scotia Supreme Court.
In ruling in favour of the teacher, the court determined that to violate
this ethical principle the remarks must concern the other teacher as a
teacher (“Busche, Re” 169).
In my opinion, that article does not refer, and was not
intended to refer, to remarks concerning another person who
happened to be a teacher, if the remarks did not concern the
conduct of that other person as a teacher.
Many teachers enter the field of politics at the municipal,
provincial and federal level.
If one such politician referred to statements and actions of
another such politician, with regard to public affairs,
including matters relating to education, it is inconceivable
that the first
teacher could be charged with a breach of the
Code of Ethics, merely because some body considered that the
remarks were defamatory or disparaging with respect to the
other politician.
Even though this case was adjudicated before the fundamental freedom
guarantees of the
Constitution Act, 1982
came into effect, the court felt that teacher codes of ethics could not
impair the right of teachers to speak freely in the political arena, even
when the issue was one on which the teachers' union had an official
position.
The teacher in this case was not a politician; she was simply expressing
a political opinion.
Working conditions are generally dealt with in collective agreements,
but some codes contain related ethical principles, as the following
sections from the Alberta code indicate (Alberta Teachers' Association,
1).
8 The teacher protests the assignment of duties for which the
teacher is not qualified or conditions which make it difficult to
render professional service.
· · ·
16 The teacher recognizes the duty to protest through proper
channels administrative policies and practices which the
teacher cannot in conscience accept; and further recognizes
that if administration by consent fails, the administrator must
adopt a position of authority.
Operation of section 8 could be triggered by a teacher being assigned to
teach a subject that he or she was not qualified to teach.
The teacher is then obligated to protest the assignment, but is not
ethically obligated to refuse it.
Teachers may be obligated to take a position on education policies as
the following section from the regulations under Ontario's
Teaching Profession Act
indicate.
15.(1) A member shall,
(e) present in the proper manner to the proper authorities the
consequences to be expected from policies or practices which
in his professional opinion are seriously detrimental to the
interests of pupils.
Several code provisions deal with ethical behaviour toward employers,
which, for most teachers, will be school boards.
In applying for a job, the teacher is not to misrepresent professional
qualifications or experience, make false statements, or fail to disclose
material facts of relevance to the employer.
Teachers must adhere to contractual obligations to employers, including
those obligations contained in collective agreements.
Two sections from the Alberta code illustrate this (Alberta Teachers'
Association, 1).
9 The teacher fulfills contractual obligations to the employer
until released by mutual consent or according to law.
10 The teacher provides as much notice as possible of a
decision to terminate employment.
Some codes specify that contractual obligations include both written and
oral contracts.
On occasion, teacher associations find themselves embarrassed by
breaches of these provisions committed by teachers seeking their first
teaching positionsindividuals who may not yet be members of any
association and who have not come under association influence.
A teacher seeking a position sometimes accepts an early offer for fear of
not obtaining a job, and then accepts a later, more attractive offer and
breaks the original contract either explicitly or by simply not showing
up on the first day of classes.
A teacher who accepts a position has a legally binding contract of
employment.
If the contract is broken, the employer can sue the teacher for breach of
contract, but this rarely happens.
Courts are unlikely to award either specific performance, forcing the
teacher to assume the position, or enough monetary compensation to
justify the legal costs of the suit.
For an association member, breach of contract can also be treated as a
violation of the code of ethics if it contains a contractual obligation
clause.
Available sanctions include certificate suspension.
In practice, adherence to teaching contracts has become an ethical and
moral issueone that must be addressed initially by faculties of
education and later by teacher associations.
A teacher who accepts a position and is then offered a more attractive
position has the ethical option of contacting the board with which the
contract is held and requesting to be released from that contract before
accepting the more attractive position.
When faced with a requested release from a contract of employment, a
board may prefer to try again for a longer-term commitment rather
than to retain an unenthusiastic teacher for one year.
But there is no guarantee that the board will feel this way, and in the
absence of a release, the only legal and ethical thing for the teacher to
do is to turn down the second offer and fulfil the requirements of the
contract.
Codes of ethics contain both positive and negative provisions designed
to protect and promote the teaching profession.
The code of the National Education Association requires that teachers
not assist a person who is unqualified, in respect to character,
education, or other relevant attribute,
to enter the teaching profession.
The code of the New Brunswick Teachers' Association requires that
teachers “endeavor to maintain public knowledge of their profession by
improving and maintaining favorable public relations” (New Brunswick
Teachers' Association, 3941).
The following two sections are from the Alberta code (Alberta
Teachers' Association, 1):
18 The teacher acts in a manner which maintains the honour
and dignity of the profession.
19 The teacher does not engage in activities which adversely
affect the quality of the teacher's professional service.
These clauses are general enough to obscure exactly what acts might
constitute a violation and, as such, they create enforcement difficulties
for associations with these and similar clauses.
Compliance with the above sections can be separated into compliance on
and off the job, with the latter being the more difficult of the two.
Community scrutiny of teacher behaviour off the job could be described
as an occupational hazard of teaching, especially in small communities.
Teachers have been criticized for holding part-time non-teaching jobs
both on the grounds that they should be preparing for the next day's
classes and that it tarnishes the image of the profession.
Professional associations have decided, probably wisely, not to attempt
to control the private lives of teachers.
An association is more likely to find itself defending a teacher whose
employment is threatened because of behaviour unrelated to teaching or
the school.
Teachers charged with or convicted of serious offences pose a
particularly difficult problem for associations.
Most codes of ethics, having been developed by associations or
federations of teachers, contain clauses to protect the organizations
from uncontrolled representation and public criticism by teachers.
The issue of the recognition of the teacher organization by teachers may
also be covered, although it is usually settled in the legal sense by
teaching profession legislation or collective agreements.
The final clause of the “Code of Ethics” of the British
Columbia Teachers' Federation deals with the representation
issue.
10. The teacher, as an individual or as a member of a group of
teachers, does not make unauthorized representations to
outside bodies in the name of the federation or its local
associations.
Such representations could embarrass the organization and cause
disunity.
Teachers making representations in good faith for an increase in time
and money resources for their subject area may come into conflict
with
teachers of other subject areas if the effect of the recommended changes
would be to shift resources away from these other subject areas.
Subject and specialist councils frequently lobby with respect to their
own curricular area, but this is done only through the larger
organization.
There is always the chance that a group of teachers may take a position
inconsistent with the organization's position.
The code of the New Brunswick Teachers' Association deals with the
issue of criticism of staff (New Brunswick Teachers'
Association, 3941).
It shall be unethical . . .
(h) For a teacher or group of teachers to criticize the
Association, the Directors, Executive or Administrative Staff
except within the membership of the Association.
There is an important distinction between the membership of a teacher
organization and its staff.
The membership consists of teachers and some administrators who are
the employees of school boards.
Although most professional staff members of teacher organizations have
had teaching experience, they are non-teacher employees of the
organization.
They are not legally bound by any code of professional conduct or ethics,
although, as a practical matter, it is more important that they abide by
such codes, to the extent that they are relevant, than it is for an
individual classroom teacher.
Association employees do not come under the collective agreements
under which teachers work.
Thus a code provision governing criticism of other teachers would not be
effective in preventing public criticism of the organization or its
employees.
With provisions like these, teacher organizations hope to present a
united front to the outside world and to handle all criticism of members
and staff by teachers within the organization itself.
A positive protective provision in some codes requires that teachers
accept service to the organization as an obligation or a professional
responsibility.
Teacher organizations have executives elected from among the
membership who are responsible for directing the employed staff, and
the members of the executive at this level may be paid by the
organization.
But most of the work of the organization at the board and school level
must be accomplished by volunteer local executive members and
individual teachers.
All Canadian jurisdictions place restrictions on who can teach.
To teach, one must have a teaching certificate, licence, or credential,
three terms describing the same authorization.
In Canada a teaching certificate is
earned through post-secondary
education taken at a university or at a college under university
supervision.
Some other countries train teachers in separate institutions called
teacher training colleges or normal schools, and, in fact, this was the
pattern in many Canadian provinces early in the century.
Although universities educate teachers, it is the provinces that license
them in most provinces.
There is no common licensing standard for teachers across Canada, but
there is enough commonality that teachers educated in one province can
usually obtain certification in others.
Interprovincial teacher movement, once very common, declined
dramatically in the era of teacher surpluses but is now on the
increase.
Interprovincial agreements on certification facilitate this.
In recent years, numerous bilateral and multilateral interprovincial
agreements have been concluded which spell out the criteria for
awarding one province's teaching certificate based on
qualifications and certification obtained in another
province.
Although these agreements differ from province to province, as they
must, given differences in the certificates themselves, there are certain
common elements.
Generally speaking, if an applicant from one province applying to
another possesses a teaching certificate, a university degree, and has
successfully completed a teacher education program; that applicant will
be able to receive immediately, at a minimum, an interim certificate in
the receiving province.
If a permanent certificate is not immediately awarded, the applicant
will be informed of the requirements to have the interim certificate
made permanent.
The number of different certificates, their names, and their significance
vary considerably from province to province.
Some award an interim or provisional certificate of limited duration
that can be made permanent after a defined period of successful
teaching. The Atlantic provinces all award certificates identified with a
whole number that corresponds roughly to the number of academic
years of post-secondary education.
The lowest certificate now awarded is called a certificate four, although
certificates one, two, and three were awarded at one time.
The highest certificate is a six, seven, or eight, depending on the
province.
Teachers with certificate levels lower than certificate four are still
permitted to teach in all four Atlantic provinces.
Ontario awards one certificate, the Ontario teacher's
certificate (OTC), which is associated with a teacher's
qualification record card containing detailed information on
subject and specialist qualifications.
Special provision is made in many provinces for the certification of
vocational and technical teachers.
Technical school training, apprentice training, and certification as a
journeyman may be recognized for teacher licensing purposes.
Credit is sometimes given for work experience in a trade.
Most provinces have an arrangement to issue temporary licences to
unqualified persons in an emergency.
These have various names including interim certificate, letter of
standing, letter of permission, and local permit.
The use of temporary licences is especially common among substitute or
supply teachers.
Teaching has become increasingly professionalized in recent decades
and has all the characteristics of a profession in varying degrees.
Teacher organizations promote and protect professionalism by several
means, including codes of ethics and codes of professional conduct.
These are developed and enforced by teacher associations and
federations.
Professionalism has also been promoted by restricting entry to the
profession through provincial teacher certification requirements.
-
Some observers classify nursing and pharmacy as semi-professions
rather than as true professions on the grounds that practitioners simply
obey the orders of medical doctors and do not exercise any real
autonomy.
Do teachers exercise the degree of autonomy characteristic of a
profession?
Some argue that close provincial control of the curriculum limits
teacher autonomy.
But once the teacher enters the classroom and closes the door, how
much control does the province really have?
-
Teaching, as we know it, involves the transmission of abstract
knowledge to young people and, as such, is intellectual in its
essence.
Dentistry requires physical skills at the level of a skilled tradesperson
as well as some intellectual background.
Why does society require that dentists receive more specialized training
than teachers?
-
Teachers have been criticized for accepting part-time employment as
checkout clerks and cashiers in liquor stores.
Is it right for a person to teach children during the day and sell alcohol
to the children's parents in the evening?
Keep in mind that employment in a liquor store is more likely to be a
sign of honesty and sobriety than of substance abuse.
Is such employment damaging enough to the image of the profession
that it should be considered professional misconduct?
Is it any business of a teacher association what its members do outside
school hours?
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What personal lifestyles are acceptable for teachers?
Is it right for a teacher to “live in sin”, either with another
teacher or with a non-teacher?
Suppose that this teacher has been assigned to teach the sex education
course in a junior high school.
Suppose two teachers living together and having a sexual relationship
are both men.
Is it acceptable for a female teacher to have and raise a family without
ever being married?
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Should a national organization such as the Council of Ministers of
Education create a Canadian teaching certificate valid in any
province?
Should such a certificate be based on simple reciprocity or should there
be a national accreditation authority that would examine and approve
teacher education programs?
National and international accreditation exists for programs in
medicine.
Why not in education?
Members' guides and members' handbooks from teacher
organizations, some of which are cited here but most of which
are not, provide much useful information on policies and
activities of teacher organizations and on codes of ethics
and professional conduct.
The “Code of Ethics” of the (American) National
Education Association is contained in Rich as an
appendix.
Provincial certification requirements are summarized in
the Canadian Education Association publication.
Gauvin discusses the problems of interprovincial
recognition of teaching certificates.
Alberta Teachers' Association.
(1993).
Members' Handbook 1993.
Edmonton: author.
“Andrews and Newfoundland Teachers'
Association, Re”.
(1984).
Atlantic Provinces Reports.
139: 266270.
Borcherding, Thomas E. (ed).
(1977).
Budgets and Bureaucrats.
Durham, North Carolina: Duke University Press.
British Columbia Teachers' Federation.
(1995).
“Code of Ethics”.
Vancouver: author.
British Columbia Teachers' Federation.
(1995).
“Professional Rights and Standards of Practice”.
Vancouver: author.
“Busche, Re”. (1975).
Nova Scotia Reports
(2d).
20: 142170.
Campbell, Rod.
(1988 02 01).
“Ethics: a harbinger of a maturing profession”.
NBTA News.
Fredericton: New Brunswick Teachers' Association.
30,7: 5.
Canadian Education Association.
(1994).
Requirements for Teaching Certificates in Canada.
Toronto: author.
Downs, Anthony.
(1967).
Inside Bureaucracy.
Boston: Little, Brown and Company.
“Eggertson v. Alberta Teachers' Association”
(Alberta Court of Appeal).
(2002).
Gauvin, Richard O.
(1985 06).
“Reciprocity: Can it work in Canada?”.
Canadian School Executive.
5,2: 910,12.
Hamermesh, Daniel S. (ed).
(1975).
Labor in the Public and Nonprofit Sectors.
Princeton, New Jersey: Princeton University Press.
New Brunswick Teachers' Association.
(1987).
New Brunswick Teachers' Association
Members' Handbook
(1987-88 ed).
Fredericton: author.
“Re Cromer and British Columbia Teachers' Federation et al.”.
(1987 04).
Canadian Rights Reporter.
24: 271291.
Rich, John Martin.
(1984).
Professional Ethics in Education.
Springfield, Illinois: Charles C. Thomas.
“Teaching Profession Act”.
(1995).
Consolidated Ontario Education Statutes and
Regulations 1995.
Scarborough: Carswell.
465468.
© Lawrence M. Bezeau 2007