Rules and Regulations for Non-Teaching Staff
Under the plain language of the law, a school district may assign qualified individuals who are either «employed» by the school district or who «work» in the school district as substitute teachers. For example, a school district may also use people assigned by external staffing agencies, such as EduStaff employees, to work at the school as substitute teachers. If a school district wishes to use third-party staff as supply teachers, we recommend working with the recruiting agency to clearly define the supply teacher mandate and to clarify that the supply teacher will continue to be employed in this role through the external recruitment agency. The implementation of new legislative requirements may also be based on collective bargaining obligations with labour groups. We encourage school districts to review their collective agreements, particularly recognition clauses and all languages relevant to supply teachers. Unions may demand to negotiate the impact of the law on the wording of the existing contract and its impact on other terms and conditions of employment. Although the law sets the minimum wage to be paid to those assigned to replacement apprenticeships, unions may attempt to negotiate additional wages or benefits for employees in the bargaining unit who are assigned substitute teaching duties under the law. Generally, section 1233 of the revised Education Act allows school districts to hire a person who does not have a teaching certificate as a substitute teacher, provided they have at least 60 semester hours of college credit or an associate`s degree from a college, university or community college, or have qualified expertise to teach in an industrial technology or training program. professional and technical. replace.
Finally, we note that the benefit requirements of the revised Education Act for individuals with a teacher training certificate continue to apply if they are assigned long-term replacement learning. Section 1236 of the revised Education Act, for example, states that supply teachers directly assigned to a particular position of supply teacher for more than 60 days must receive the privileges accorded to regular teachers for the duration of the assignment, including the payment of at least the minimum wage of the current payroll. This legal provision also requires a school district to offer employment in the following school year to directly employed supply teachers who have been employed as supply teachers for 150 days or more, provided that all other teachers have been placed in the following school year and that the supply teacher is certified to teach the work available for the following year. School districts should continue to apply these requirements when assigning supply teaching positions to individuals with teaching qualifications.