The Quality in the Classroom Act Just Turned 10: Are Teacher Performance Reviews Any Easier?

Seminar Summary

In 2001, the Ontario government passed the Quality in the Classroom Act, setting out a comprehensive system for the performance appraisals of teachers across the province. Ten years have now passed since this legislation was enacted and a body of jurisprudence has begun to form interpreting the provisions of Part X.2 of the Education Act and the Teacher Performance Appraisal Regulation enacted under the Quality in the Classroom Act. However, many issues have yet to be dealt with by adjudicators.

In this session, we will review the legislative framework for teacher performance appraisals, as well as the most significant decisions issued over the past few years. In doing so, we will provide guidance with respect to the following thorny questions:

• The consequence of missing a deadline in the performance appraisal process: Does it invalidate the appraisal performed?
• When can out-of-cycle appraisals be performed? What process should be followed? How does an out-of-cycle appraisal impact the regular appraisal cycle of a teacher?
• In which circumstances is it appropriate to recommend termination before completing a third evaluation?
• What type of information should be part of your recommendation to the Board? What happens if the Board does not accept your recommendation?
• Which of the following can you take into consideration when evaluating a teacher: complaints received from parents? complaints received from students? Observations other than those made during classroom visits which are part of the formal process under the Education Act?