ATA calls teacher-discipline bill a 'power grab' by UCP

The Alberta Teachers' Association (ATA) says Bill 15 is a power grab by Education Minister Adriana LaGrange. 

The bill, tabled last Thursday in the legislature right before MLAs left for a two-week constituency break, aims to strip the association of the power to discipline its own members.

The bill proposes the creation of a new Alberta teaching profession commissioner to take over teacher discipline. The ATA would retain its function as the union for the majority of the province's teachers.

In a statement Wednesday, the ATA said it was unable to provide detailed analysis of the bill immediately after its introduction because it got no advance information on the contents.

The association has now conducted further analysis on the 130-page bill, it said.

In a virtual news conference, ATA president Jason Schilling said Bill 15 is flawed as it consolidates power with the minister and cabinet — unlike the old system, in which power was shared by ATA, the registrar, superintendents and school boards.

Schilling said teachers have been shut out of the entire disciplinary process under Bill 15. It proposes that cabinet hires and can fire the commissioner, and that LaGrange would appoint members of the hearing panel.

The minister would also make final decisions on what the commissioner recommends so she could overturn a finding she doesn't like, Schilling said.

"The design of the new system, from bottom to the top, is very susceptible to political influence, and the entire discipline process is at the risk of being politicized," he said.

If the bill is approved and becomes law, the commissioner would take over teacher discipline by Jan. 1, 2023.

Schilling said that isn't enough time to make such a significant shift. The government hasn't explained the process for moving current cases to the commissioner.

"I don't think the government truly appreciates the scope of the work they are about to take on giving themselves just eight months to take it over," he said. "And with many complicating factors, it jeopardizes public safety."

LaGrange has said the ATA's role as the bargaining agent for teachers conflicts with its other role as the disciplinary body for its members.

Bill 15 proposes the commissioner take over discipline of non-unionized teachers who work in charter, private and First Nations schools and school superintendents, whose professional college was supposed to start disciplining members this fall. 

LaGrange has said the commission would provide quicker resolution of complaints and streamline the process.

Katherine Stavropoulos, LaGrange's press secretary, said the changes proposed in Bill 15 aren't political and will ensure the safety of students.

Stavropoulos said the legislation doesn't significantly change the minister's current powers. She said the commissioner would be recruited through an open competition before their appointment is confirmed by cabinet. 

The change in disciplinary models would be aided through transitional regulations, Stavropoulos said. 

"For discipline matters that are underway when the new act takes effect, transitional regulations will allow, throughout the first half of 2023, for matters to continue in accordance with the rules under which they were started." she wrote in an email to CBC News.

"During this transitional period, the responsibilities would shift where appropriate to the commissioner, and newly appointed members of hearing and appeal committees, but the previous rules will be followed."

The ATA intends to start meeting with MLAs to convince them to vote against the bill. If the bill is passed, the association said it may consider its legal options.