NZ Teachers Council's process for considering complaints about competence
What is the competence process?
The Education Act 1989 provides a process for reviewing teachers' competence. This process will take place in limited circumstances to ensure that teachers are reaching the required level of professional standards. The emphasis, both in the Education Act and the New Zealand Teachers Council Rules, is on competence issues, where possible, being dealt with by the teacher's current employer.
The rules refer to a competence assessor. This role is fulfilled by the Advisor: Teacher Practice.
When will the process start?
Any person who has a complaint about a teacher's competence must first make that complaint to the teacher's employer, in all but very limited circumstances. The teacher's employer would then deal with the complaint in accordance with the learning centre's procedures.
What are the limited circumstances where a complaint about competence will come directly to the Council?
It is important to note that the complaint must be in writing: oral complaints are not sufficient. A complaint about a teacher's competence could be made directly to the NZ Teachers Council where:
- The complaint is about a teacher not currently employed by an employer;
- If the complainant has reasonable grounds to believe that the employer can not deal with the complaint effectively because of an actual or perceived conflict of interest;
- If the complainant is dissatisfied with the way in which the employer has dealt with, or is dealing with the complaint;
- In any other exceptional circumstance.
What happens on the receipt of a complaint by the NZ Teachers Council?
All complaints and reports about teachers are received by the NZ Teachers Council. A decision is then made as to whether the report or complaint is about conduct or competence. All reports about competence are referred to an officer of the Council known as the Advisor: Teacher Practice for preliminary investigation. Reports about conduct are dealt with by the Complaints Assessment Committee - click here for more information.
What does the Council view as a competence issue?
There is no definition of competence in the legislation, but competence issues will generally arise where concerns are raised regarding a teacher's performance and ability to perform to professional standards over a period of time. The criteria for reporting competence issues is that the employer would not, if asked, sign the teachers practising certificate because of doubts about whether the teacher meets the Satisfactory Teacher Dimensions.
Does a teacher's registration status affect whether or not a competence concern can be raised?
The legislation does not differentiate between the different levels of registration. For example, a fully registered teacher could be considered to have competence concerns, and this would be identified in their appraisal against the appropriate professional standards.
What will the Advisor: Teacher Practice do on referral of an alleged competence issue?
Every report or complaint sent to the Advisor: Teacher Practice will be immediately sent to the Teacher concerned. In most cases, complaints of alleged teacher incompetence can be dealt with satisfactorily by the teacher's employer. The Advisor: Teacher Practice is required to refer a complaint to the teacher's employer if it is considered that the complaint should have been sent to the employer first. If a complaint is referred to an employer, the Advisor: Teacher Practice informs the person who made the complaint, and also sends a copy of the complaint to the teacher. The employer is required to report back to the Advisor: Teacher Practice when the complaint has been dealt with, or as required by the Council.
When would an initial investigation be conducted by the Advisor: Teacher Practice?
In some very limited situations, the Advisor: Teacher Practice will not refer a complaint to the teacher's employer, but will still inform the current employer that a complaint has been received. This will occur ONLY if:
- The teacher is no longer employed as a teacher;
- The employer would not be able to deal with the complaint effectively because of a conflict of interest;
- The employer has already dealt with the complaint, or is dealing with it in a way that the Advisor: Teacher Practice considers to be unsatisfactory;
- Exceptional circumstances exist.
What does an investigation involve?
The teacher is sent a copy of the report or complaint as soon as possible after it is received, and the Advisor: Teacher Practice begins to deal with the complaint or report. This may involve:
- seeking further information from the person who made the complaint or report (the initiator);
- seeking further information from the teacher or from the teacher's current employer;
- reviewing the teacher's file to see whether any similar issues have been raised in the past.
What input into the process does the teacher have?
The Advisor: Teacher Practice, as part of the investigation process, will have contact with the teacher and/or his or her representatives, depending on the circumstances of the referral. The intial process is designed to encourage discussion and agreement between the Advisor: Teacher Practice and the teacher and/or representatives. For example, with the teacher's AGREEMENT the Advisor: Teacher Practice may:
- arrange, and attend if necessary, meetings between the teacher and other persons;
- conduct or arrange for the evaluation and assessment of the teacher's competence, arranging competence procedures or advice and guidance for the teacher;
- arrange for the teacher's competence to be monitored over time.
What will an evaluation and assessment of the teacher's competence involve?
Evaluation and assessment, and the means of conducting this, will be very dependent on the reasons for the referral and the level of agreement that can be reached.
When will the Advisor: Teacher Practice report to the NZ Teachers Council?
The Advisor: Teacher Practice reports to the NZ Teachers Council as required, and also when the investigation is completed. A draft of the report is sent to the teacher, with an opportunity to comment before the report is considered by the NZ Teachers Council.
What options are available to the NZ Teachers Council on consideration of the Advisor: Teacher Practice's report?
The NZ Teachers Council may resolve to:
- take no further action
- adjourn the matter for further consideration
- refer the matter back to the competence assessor for further work
Consideration by the NZ Teachers Council
The teacher is entitled to appear and be heard at a meeting of the NZ Teachers Council when a report on their competence is being considered. The teacher may be represented by a lawyer or other person, and may also make written submissions.
After consideration of a report, the NZ Teachers Council has the following options:
- taking no further action;
- adjourning the matter for further consideration;
- referring the matter back to the Advisor: Teacher Practice for further specific work;
- imposing conditions on the teacher's practising certificate;
- referring the teacher to an impairment process;
- cancelling the teacher's registration (after following the normal cancellation procedures).
The final outcome of the NZ Teachers Council's consideration of a report is notified in writing to the teacher, the teacher's employer and the initiator. p>
Further information
For more detailed information on the NZ Teacher's Council's processes and powers in relation to competency complaints and reports, see Part 10A of the Education Act 1989, and the New Zealand Teachers Council Rules.
For a flow chart of the processes outlined above, click here. (pdf 20k)
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