In part one of this three part series, we began looking at the squabble between the B.C. Teachers91裸聊视频� Federation (BCTF) and the B.C. government.

In part two, the B.C. Supreme Court made rulings which the province of B.C. then appealed.

READ MORE: Understanding BC Teachers91裸聊视频� Federation vs the Province of B.C.

READ MORE: BC Teachers91裸聊视频� Federation vs the Province of B.C. (Part 2)

In this third and final part, we take a look at where the fight has led to currently.

Some believe that class sizes in Okanagan schools are rigidly limited to a certain number of students: 20 in kindergarten, 22 in Grades 1-3, 28 in intermediate split classes, 30 in certain other classes, and so on. This is only partially correct.

Some believe that the courts specifically endorsed these class sizes or certain collective agreement terms. This is not correct.

As discussed in part two, confusion ensued after the Supreme Court of Canada91裸聊视频檚 2016 decision in the British Columbia teachers91裸聊视频� case. In the various court proceedings, at no level of court did any parent91裸聊视频檚 group participate.

The courts did not have the benefit of hearing submissions from parents or students. While the province and teachers participated, their interests do not completely align with students91裸聊视频� interests.

To address the confusion and restore certain previous collective agreement terms, the British Columbia Public School Employers91裸聊视频� Association (BCPSEA), the provincial Ministry of Education and the British Columbia Teachers91裸聊视频� Federation (BCTF) negotiated a Memorandum of Agreement (MOA). The MOA became effective on September 1, 2017.

The MOA permits base class size guidelines in collective agreements to be exceeded in certain circumstances. For example, if a particular school district91裸聊视频檚 collective agreement has superior language, that language applies.

In SD 23, base class size guidelines can be exceeded by 10 per cent before any staffing assistance must be provided.

The MOA also states that the restored language 91裸聊视频渟hall not result in a student being denied access to a school, educational program, course, or inclusive learning environment unless this decision is based on an assessment of the student91裸聊视频檚 individual needs and abilities.91裸聊视频�

So, class sizes can be exceeded to ensure such access.

Even in school districts without superior language, and in circumstances that do not involve otherwise denying access, the MOA allows base class sizes to be exceeded if the school district has made 91裸聊视频渂est efforts91裸聊视频� to 91裸聊视频渁chieve full compliance with the collective agreement provisions on class size and composition.91裸聊视频�

The obligation to make best efforts is on school districts. Neither parents nor children bear the brunt of these obligations.

Examples of best efforts include-re-examining how space is used within a school and across schools, using temporary classrooms, examining school boundaries, filling vacant positions, and renegotiating the terms of existing rental contracts that restrict a school district91裸聊视频檚 ability to fully comply with the restored language regarding class size and composition.

So, parents might soon be saying good bye to school-based after-school programs. Strong Start programs have historically been a unique exception.

Best efforts also include reorganizing classes even if it results in smaller classes. For example, rather than having three classes of 22 students and 14 children on a wait list, the school district may well find itself adding a fourth class, resulting in 20 children per class.

There are exceptions to the best efforts requirement. These include compelling family issues, teacher recruitment challenges, and student safety. Additional students are permitted in a class in these cases.

A school district that fails or refuses to carefully structure its classes to meet the requirements of both the collective agreement and the MOA risks teacher grievances, or complaints and possible litigation from parents displeased with their children being caught in the cross-fire.

While we all admire teachers and the important work that they do, their rights ought never to prevail over those of children.

The recent phenomenon of wait listing students, while also renting out school space for non-educational uses, and failing or refusing to accommodate student demand for educational programs as required by the MOA must be immediately reconsidered by any school district in which this occurs.

We can only hope that all involved remain mindful that the best interests of students ought never be compromised in this ongoing dispute.

To report a typo, email:
newstips@kelownacapnews.com.

newstips@kelownacapnews.com
Like us on and follow us on .