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Local proposals

or changes to theschool day

October 2008


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Local proposals for changes to the school day

Introduction

Following requests from members, the PPTA Executive has

prepared advice on processes to be followed when there areproposa s to c ange a sc oo s instructiona times.

The Secondary Teachers’ Collective Agreement (STCA)requires t at sc oo s ave a timeta e po icy eve ope inonsu tation wit t e teac ing sta an t ere must e a

review mec anism or suc sc oo po icy. W ere t ere is aproposal to change the operational times of the school thiswould require a change to the school’s timetable policy and

t is wi require consu tation etween t e teac ing sta ant e emp oyer.

T is a vice is to gui e you t roug w at wou e expectein suc a consu tation process on c anges to sc oo times. Itontains a vice on t e ega an in ustria constraints aroun

proposals to change the school day, a list of reasons thatave recent y een raise wit ranc es or c anges to t e

teac ing times in some sc oo s an a vice on ow ranc es

n sc oo s s ou approac any oca suggestion to c anget e sc oo s norma operating times.

ppen e to t is a vice is t e outcome o a survey PPTAundertook of secondary school branches earlier this year. Theutcome demonstrates that when proposals for change are

poor y manage t ey requent y mean poor outcomes or t ec oo .

Contents

E ements o a goo process 2

recommen e process or sc oo s 5Furt er a vice on proposa s or c anges 7

ppendix A: 2008 PPTA survey of secondary schools onproposa s to c ange t e sc oo ay 10


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Elements of a good process

1 Consideration

proposa to c ange sc oo operating times is i e y to comefrom a genuine desire to improve the functioning of thechool or learning or working conditions. Fair considerationou e given to a reasona e proposa regar ess o its

rigins.

Consultation

The employer must actively consult with staff in good faith

bout any proposed change which may impact on theirworking conditions, including changes to their existingwor ing ours, an s ou active y consu t wit parentse ore see ing to c ange existing sc oo ours.

Reason

The reason(s) for the proposed change should be clearlyidentified and open to discussion. Examples of reasonsc oo s ave or consi ering c anges to t e ours t eyperate inc u e:

etter management o teac er wor oa

c ass size pressures

more flexible access to specialist rooms

improved access to curriculum options

improved student participation in learning

introduction of cluster learning situations (e.g. videoclasses)

health and safety of students and/or teachers.

PPTA involvement

Hours o wor are an emp oyment con ition. T e ranc , asrepresentatives o t e PPTA in t e sc oo , as a rig t as partyto t e emp oyment re ations ip wit t e oar o trustees to

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be consulted. Changes to the operating times of schools willrequire changes to the school’s timetable policy. Part 5 of theTCA gives mem ers t e rig t to consu tation over c anges

to t e timeta e po icy

T ere s ou e u ranc iscussion o propose c angesregar ess o any ot er consu tation process use .

T e ranc s ou consi er in goo ait t e reasons givenor t e propose c ange an t e a vantages an t eirisadvantages and whether there are alternative changes

that could achieve the indicated purpose.

The branch should seek to have a collective position on theproposa to c ange. It s ou ensure t at a o t e potentiaimpacts o c ange wor ing ours ave een proper yonsi ere . T is inc u es impacts on stu ents, part-time

teachers, teachers who are parents, health and safety of staffnd students, etc.

Branches are encouraged, if they need assistance, to seekfurther help or advice over proposed change to working hours

rom t eir e o cer, t eir regiona o cers an or t eirxecutive mem er.

When agreement might be appropriate

greement must be withheld from proposals thatbreach legislation or collective employment agreementrequirements.

To change the working hours of any staff involved, the

mp oyer must ave agreement. T e w o e ranc maygree to c ange wor ing ours or in ivi ua s may agree toange ours w ere t is app ies on y to t em. T e co ective

greement rights of teachers must not be undermined in theprocess of change and the workload of teachers should note increase as a consequence o any propose c ange.

T e in ivi ua circumstances o teac ers s ou e ta eninto account w en consi ering possi e c anges. Agreement

to c ange may e provisiona upon a ressing pro emsidentified (e.g. the provision of crèche facilities for teachers


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who are parents of young children, increased travel to andfrom work, meal costs, etc).

proposal to work outside the normal school day (or week)

may arise in relation to individual teachers and apply onlyto t em. In ivi ua s s ou now t at in agreeing to c anget eir own wor ing ours t ey may esta is a prece entthat may not be appropriate for other teachers. Wherethere is individual agreement this cannot undermine theright of the others to continue with their original conditions

emp oyment. In ivi ua s contemp ating a c ange t eirwor ing ours s ou consu t wit t e ranc to ensurethey do not inadvertently undermine the rights of otherteachers in the school or place them under unfair pressure.The employer and the branch should be clear through theonsu tation process t at in ivi ua agreement to c angeours is not a prece ent or ot ers.

greement to c ange s ou e on t e asis o a reasona etria perio an t ere s ou e a review process wit in apecified time frame which allows the school to assess theffects of the change and to make a further decision on

w et er to continue or return to t e origina ours. In mostases a term is i e y to e a reasona e tria perio , utertain y any c ange s ou e reviewe a ter no more t anyear.

review may confirm that the change was effective, oridentify improvements which could or should be made, oretermine t at t e aims o t e c ange were not met an

t at a return to t e previous con itions is appropriate.


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A recommended process for schools

1 A proposa arises rom iscussion o potentiaimprovement to t e operation o t e sc oo .

2 T e proposa is raise at a sta meeting an aconsu tation process is eve ope .

3 T e consu tation process invo ves:

• Esta is ing a time ine or initia iscussion,t e opportunity or consi eration, a process orconsultation, a period for consultation and feedbackand a decision date.

• Providing full written information about the currentsituation an t e propose c ange.

• Determining the way in which school consultationwi occur PPTA ranc meeting s , stameeting s , written consu tation, or somecombination of these).

• I t e c ange invo ves a tering t e timeta e po icyor changing employment conditions (includingstarting and finishing hours, lunch or other breaktimes etc arranging or meetings etween PPTAranc o cers an t e sc oo management.

• PPTA ranc o cers organising a ranc meeting toetermine t e ranc s process or iscussion o t e

proposa , ow it wi gat er mem ers ip opinion,

consider relevant issues and feed back into the mainprocess.

• Identifying any issues raised in the consultation andrespon ing to t ose issues.

• Organising or consu tation wit parents anstu ents i t e c ange wou impact upon t em.

• Ana ysing t e consu tation outcomes an a vising

sta o t ose resu ts.


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• If the change is to proceed, determining a suitabletrial period and review date, identifying how it wille reviewe an ow i enti e or new ris s wi e

monitore or a resse in t e meantime.

4 Items i e y to e consi ere in t e consu tation processinc u e:

Teac er wor oa

Co ective agreement requirements See next page

Current emp oyment con itions See next page

Access or stu ents to curricu um options

Teacher and/or student health and safety

Part-time teacher issues

Education Act requirements (See next page)

Employment Relations Act requirements (See next page)

Family responsibilities of teachers

Stu ent transport

Stu ent assessment issues

Stu ent earning t eory

Coor ination wit stu ent emp oyment

Any c ange operationa anci ary costs o propose c anges

Avai a i ity o sc oo aci ities

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urther advice on proposals for changes

1 The Education Act and education regulations

T e sc oo wee is 10 a - ays, Mon ay to Fri ay inc usive.school day is two half days, one before noon and one after,

nd each half-day is at least two hours. School must bepen ot er t an in emergency situations or 380 a ays

per year. Maximum timeta e teac er time i.e. timeta eontact p us timeta e non-contact or a u time teac er is

25 hours per week.

The Employment Relations Act

The employer must, in good faith, consult employees or theunion representing t em a out t e co ective interests o t emp oyees an ecisions w ic may impact upon t em. T is

inc u es c anges to esta is e wor ing practices i e t etart and finish times of their employment.

The Collective Agreement entitlements

Fu time teac ers are timeta e or no more t an 20 oursontact per 5 sc oo ays. Year 1 u time teac ers are

timeta e or no more t an 15 ours per 5 ays, an Year2 full time teachers for no more than 17.5 hours. Part timeteachers employed for 18 hours or more must have some non-ontact time an t e sc oo must en eavour to provi e part-

time teac ers o 12 ours or more wit pro rate non-contact.In ivi ua teac ers ave re uce timeta e contact ours orunits or other time allowances. Refer to part 5 of the STCA.

The established employment conditions

Working hours form part of teachers’ agreed employmenton itions. T ey are genera y part o esta is e customn practice in sc oo s. C ange in emp oyment con itions

requires ot consu tation an agreement.

T ere is an accepte ega orma e nition o consu tation.T e views in We ington Internationa Airport 1993 NZLR

71 (CA) were adopted by Goddard CJ in Communicationn Energy Wor ers Union v Te ecom NZ Lt 1993 2 ERNZ


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429. The Chief Judge restated several propositions as auide to employers and employees:

“(1) The word ‘consultation’ does not require that there be

greement.

“(2) On the other hand it clearly requires more than mereprior noti cation.

3 I t ere is a proposa to ma e a c ange, an sucange requires to e prece e y consu tation, it must not

e ma e unti a ter consu tation wit t ose require to eonsulted. They ‘must know what is proposed before they

an be expected to give their views’… “(4) This does not involve a right to demand assurancesbut there must be sufficiently precise information given tona e t e person to e consu te to state a view toget er

wit a reasona e opportunity to o so. T is may inc u e anpportunity to state views in writing or ora y.

5 T e requirement or consu tation is never to etreated perfunctorily or as a mere formality. The person orbody to be consulted must be given a reasonably amplen su cient opportunity to express views or to point to

pro ems or i cu ties…

6 Consu tation must e a owe su cient time…

7 Genuine e ort must e ma e to accommo ate t eviews o t ose eing consu te ; consu tation is to e area ity, not a c ara e…

8 Consu tation oes not necessari y invo ve negotiationtowar s an agreement a t oug t is not uncommon y canfollow, as the tendency in consultation is to seek at leastonsensus;

“(9) Consulting involves the statement of a proposal not yetna y eci e upon, istening to w at ot ers ave to say,onsi ering t eir responses, an t en eci ing w at wi e

one…

10 T e party o ige to consu t, w i e quite entit e to


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have a working plan already in mind, must keep its mindpen and be ready to change and even start afresh…

“(11) There are no universal requirements as to form or as

to duration of consultation.

Health and safety Act

T e emp oyer must ensure a sa e wor environment orot t e teac ers an t e stu ents.


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Appendix A: 2008 PPTA survey of secondarychools on proposals to change the schoolay

In term 3 2008 PPTA surveye secon ary sc oo ranc esbout proposals to change starting or finishing times madeince 2005. The results of that survey indicated that, onverage, 20 sc oo s per year wor t roug proposa s toange sc oo times.

Proposa s ave come rom t e PPTA ranc , sta meetings,timeta e committees or in ivi ua s. Most o ten t ey came

rom t e senior management.Propose c anges re ate to:

Ear ier start 27.5%Ear ier nis 32.5%Later start 22.5%Later finish 17.5%G i e c asses 5.0%E-c asses outsi e sc oo timeta e ay 2.5%.

T e ranc mem ers consi ere t e consu tation processun erta en to e air an accepta e in 65% o cases. Inboth types of process discussion of students’ access tourriculum options occurred 40% of the time. The suggestedange was equa y i e y to e imp emente in eit er type o

process, ut w en t e process was not consi ere to e airy t e teac ers it was 13 times more i e y t at t e outcome

was not supported by the staff.

When the process was considered to be reasonable:

It was twice as likely that there would be a staff meetingor meetings to iscuss t e proposa .

It was two an a a times more i e y t at t ere woue correspon ence wit t e w o e sta as part o t e

consu tation.

T e senior management was nine times more i e y tosee t e agreement o t e sta or c ange.

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Parents were more likely to be consulted.

T ere were, on average, t ree times as many issuesdiscussed in the process.

The following were more likely to be part of theconsultation discussions:

Collective agreement requirementsCurrent emp oyment con itionsFami y responsi i ities o teac ersPart-time teac er issuestudent and/or teacher health and safety

tudent learning theorytu ent transportTeac er wor oaT e avai a i ity o sc oo aci ities.

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