Dáil Éireann Debate, Tuesday - 18 January 2011
116 Deputy Fergus O’Dowd asked the Tánaiste and Minister for Education and Skills the current arrangements regarding supervision and substitution in primary and second level schools; the level of funding allocated to supervision and substitution in 2010; and if she will make a statement on the matter. [2186/11]
Amharc ar fhreagraDetails of the Supervision and Substitution scheme for primary and second level schools are set out in the attached Circulars, P29/03 and PPT01/03. The managerial authority of a school may employ a substitute to replace a teacher absent from teaching duty on an approved absence. Examples of absences for which substitution is allowed are certified illness, maternity and adoptive leave, in-service courses, carers' leave.
Changes to the substitution arrangements for absences on uncertified sick leave at primary and second level and official school business at second level were introduced from the 1st January, 2009 and they continue to apply. The changes are outlined in Circulars CL0110_2008 and CL0115_2008 which are attached. The costs for both the supervision & substitution scheme and substitution for approved absences are listed below.
Post Primary teachers (excluding the VEC sector)
1. Substitution Costs €57.619m; 2. Supervision Scheme €34.190m.
Primary teachers
1. Substitution Costs €100.9m; 2. Supervision Scheme €57.542m.
Circular Letter 0110/2008
To: BOARDS OF MANAGEMENT OF POST-PRIMARY SCHOOLS AND THE CHIEF EXECUTIVE OFFICERS OF VOCATIONAL EDUCATION COMMITTEES
Substitute cover for registered teachers employed in post-primary schools — Amendments to existing arrangements.
As a result of the 2009 Budget provisions for Education, arising from current economic challenges, and following subsequent proposals from the management bodies of post-primary schools, new arrangements are being put into place for substitution cover for uncertified sick leave for teachers in post-primary schools and for official school business in post-primary schools.
These arrangements are being put in place with effect from 1 January 2009 and will remain in place for the remainder of the 2008/09 school year while a review of the supervision/substitution 37 hour scheme and related matters takes place.
1. Allocation of Hours:
Each post-primary school will be provided with a defined number of hours of substitution cover outside of the supervision and substitution scheme to provide cover for teacher absences arising from uncertified sick leave and official school business. This will be calculated on the basis of the number of pupils in a school with a minimum number of available hours for all schools with less than 100 pupils. Thus for the remainder of the school year 0.16 hours substitution cover will be allocated for each pupil in a school as per the school's recognised pupil enrolment on the 30th September 2007. Examples are an allocation of 32 hours for a 200 pupil school and 64 hours for a 400 pupil school.
The allocation of substitution hours for secondary and community/comprehensive schools will be issued by the Teacher Allocation Section before the commencement of the new school term. It will be issued in an amended staffing allocation schedule and shall be titled "substitution". The "substitution" allocation will not be taken into account in calculating Posts of Responsibility. The claims for substitution for uncertified sick leave and official school business should be made from the part time hours allocation on the On Line Claim System.
Allocations to VECs will be provided in the normal way and will be calculated on the same basis.
2. Substitution Cover for Other Absences.
The existing arrangements for substitute cover for other absences of teachers from teaching duty will continue to apply.
3. Supervision/ Substitution Scheme.
The supervision/ substitution scheme will continue to operate and teachers who undertake the duties in accordance with the terms of the scheme will continue to receive the annual payment. School managerial authorities are requested to ensure that the supervision substitution scheme is operated to maximum effectiveness in all schools.
P. Maloney,
Payroll Division,
December, 2008.
Primary Circular 29/03
DEPARTMENT OF EDUCATION AND SCIENCE
PRIMARY BRANCH
TO BOARDS OF MANAGEMENT, PRINCIPALS AND TEACHERS IN PRIMARY SCHOOLS
SUPERVISION FOR MID MORNING AND LUNCHTIME BREAKS
Introduction:
The Minister for Education and Science wishes to advise Boards of Management, Principal teachers and teachers in primary schools of the arrangements regarding payment of supervision monies to primary school teachers.
1. Duty of Care
Rules 121(4) and 124(1) of the Rules for National Schools and Section 23(2) of the Education Act 1998 oblige teachers to take all reasonable precautions to ensure the safety of pupils and to participate in supervising pupils when the pupils are on school premises, during school time and/or on school activities. Accordingly, the responsibility of all teachers individually and collectively to provide a duty of care at all times towards the children in the school in which they teach, including periods of supervision, is not changed.
The overall responsibility for the day-to-day management of school supervision will continue to rest with the Principal teacher. The terms of Circular 16/73 will continue to apply i.e. “the Principal teacher should organise supervision for the order and general behaviour of the pupils during school hours. In particular, s/he should organise and participate in the effective supervision of the pupils during breaks, lunch-breaks, assembly and dismissal”.
2. Maximum number of hours supervision due to a school
2.1 A school is entitled to 37 hours supervision per annum for each full-time teaching post (including temporary full-time teaching posts), or to a minimum of 122 hours per school, whichever is the greater.
This figure takes account of
the nature of supervision at primary level
the age range of pupils and
guarantees the current levels of care and supervision
provided to all primary pupils.
N.B.: A full-time temporary teaching post refers to a temporary teaching post sanctioned for a full school year.
2.2 The number of full-time teaching posts allocated to a school on 30th September in a school year determines the number of hours supervision due to a school in that year. Example : If a school has 10 full time teaching posts on 30th September, a maximum of ten supervision payments of 37 hours each will be made to the school for the school year.
2.3 There are no circumstances where additional supervision monies can be paid to a school over and above the staffing allocation on 30th September.
2.4 Where there is a shared teaching post, this post is counted in the base school when calculating entitlement to supervision allocation.
3. Contract to undertake supervision
3.1 A teacher undertaking supervision duties must sign a letter of contract with the Board of Management. Sample attached at Appendix A. The letter of contract must be certified by the Chairperson, Board of Management and retained in the school for at least six years.
Sample A: relates to teachers committing to undertake supervision duties of 37 hours per annum on an on-going pensionable basis to retirement.
Sample B: relates to teachers committing to provide 37 hours supervision for a full school year, but deferring decision regarding pensionability until 1 September, 2004.
Sample C: relates to newly appointed teachers opting to provide 37 hours supervision but deferring decision on pensionability for 1 year from the date of their first appointment.
4. Roster for Supervision
4.1 The Principal teacher should prepare the roster for supervision and, where possible, this should normally be drawn up before the start of the school year.
4.2 The roster should include arrangements for providing supervision for short-term absences of 28 days or less i.e. for teachers to swap days they are due to do supervision duties. It should be submitted to the Board of Management for approval and should be retained in the school for inspection by Department officials.
4.3 The roster should be posted in a prominent position within the school so that all teaching staff have access to it.
5. Eligibility of Teachers to Undertake Supervision Duties and Receive Payment of Monies
5.1 A permanent or long-term temporary teacher who undertakes supervision duties in a primary school must opt to provide a minimum of 37 hours supervision per school year in order to receive payment with salary from the Department. (For the purpose of this circular a long-term temporary teacher is a teacher employed under contract with a Board of Management for a full school year).
5.2 The Department will issue a grant to the Board of Management to facilitate payment to a teacher who opts to do less than 37 hours supervision per annum.
5.3 Job-sharing teachers may undertake supervision duties on their rostered teaching days and will receive annual payment with salary for a maximum of 18.5 hours supervision in a school year.
5.4 Permanent/temporary teachers in shared posts are paid for undertaking supervision duties. Local arrangements for carrying out the 37 hours supervision duties by the shared teacher should be made between the Boards of Management concerned. Supervision payment will issue with salary to the teacher at the base school.
5.5 A replacement teacher appointed in a permanent or long-term temporary capacity that commences or ceases employment with a Board of Management during the school year will receive payment with salary on a pro-rata basis for the period for which supervision was undertaken in the school.
5.6 If a teacher moves to a permanent post in another school s/he must sign a supervision contract with the new Board of Management in order to undertake supervision duties and to be eligible to receive payment of supervision monies at the new school. However, such an arrangement can only be entered into if the teacher is filling an existing vacancy in the school. Any additional posts allocated to a school after 30 September cannot be counted for supervision payments.
5.7 If a teacher is absent from a school on special leave under Rule 116 (Study Leave) a grant for supervision duties will be paid to the Board of Management for the period of the absence. It is a matter for the Board of Management to arrange payment for the person who undertakes supervision duties for the absent teacher.
5.8 The nature of certain teaching posts in primary schools, i.e. visiting teachers/teachers on secondment, does not allow for their availability to undertake supervision duties in the school. Consequently, no payments for supervision can issue to such teachers.
Short-term absence: (28 days or less)
5.9 Short-term absences (28 days or less) should be covered by local arrangements e.g. colleagues covering for each other, and Boards of Management should have a policy in relation to supervision for such absences. Where a temporary or substitute teacher employed to cover an absence of 28 days or less undertakes supervision duties payment for these duties will be made via a grant to the school. In the event that a substitute or temporary teacher is employed for a number of absences of four weeks or less, the substitute/temporary teacher cannot combine such separate days worked in order to receive supervision payment.
Long-term absence:
5.10 A permanent or long term temporary teacher absent in excess of 28 consecutive days on any type of leave during the school year, including absences before and after a holiday period, e.g. mid-term breaks, Christmas and Easter breaks (the holiday period is included when counting towards the absence), will be paid supervision monies on a pro rata basis i.e. they will not receive supervision monies for this absence. However, if the Board of Management certifies that full supervision duties were carried out in the school year by the absent teacher (i.e. 37 hours) then payment can be made. Examples of instances where such an absent teacher can fulfill the full 37 hours supervision include:
If another teacher in the school has opted out of supervision and there are hours available. In such an instance the grant due to issue to the school will be reduced accordingly; or
If a colleague covers for the absent teacher and the absent teacher then covers for the colleague on his/her return.
In the latter instance, the temporary or substitute teacher employed to cover the absence in excess of 28 days should not be called to do supervision to replace the absent teacher and there are no circumstances in which a payment for supervision will be made for this substitute/ temporary teacher.
5.11 If a short-term temporary teacher employed for a period in excess of 28 consecutive days or a substitute teacher employed in excess of 4 consecutive weeks is called upon to do supervision duties, the payment for the absent teacher will be reduced accordingly and payment will issue with salary on a pro-rata basis to the short-term temporary teacher/substitute teacher.
6. Payment of Grants to Schools
6.1 Schools where all teachers do not opt to undertake supervision duties
In schools where a teacher(s) opts not to undertake supervision duties, the Department will issue a grant (equivalent to 37 hours for each teacher who opts out plus an additional payment of 10.75% to cover the employers rate of PRSI) to Boards of Management. This will enable Boards to pay other teachers in the school who undertake supervision duties in excess of 37 hours annually or to employ external supervisors (i.e. non teaching staff). Section 5.6 also refers.
6.2 1, 2 and 3 teacher schools
In the case of 1, 2 and 3 teacher schools the standard payment (37 hours) will be made to each teacher undertaking supervision duties. A further grant will be payable to the Board of Management by the Department to facilitate the cost of external supervisors or any additional payments due to teaching staff as a consequence of working in excess of 37 hours supervision.
Based on an minimum entitlement of 122 supervision hours per school, grants will range as follows:
1 teacher school — 85 hours;
2 teacher school — 48 or 20 hours (see paragraph below in relation to 2 teacher schools) and
3 teacher school — 11 hours
One teacher schools:
In one teacher schools the Board of Management may employ an external supervisor(s) to undertake supervision duties. This is to enable the Principal teacher to comply with the terms of 12.1 of the Organisation of Working Time Act (1997).
Two teacher schools:
Each two-teacher school is entitled to 122 hours supervision.
Under present arrangements, the 2nd teacher in a two teacher school who is in receipt of the Special Duties Allowance as per Primary Circular 7/03 must undertake 28 hours of this supervision and is receiving payment for this in the special duties allowance. Consequently, the balance of supervision hours payable for such schools under the terms of this circular is 94 hours. If the 2nd teacher in a two teacher school is a Privileged Assistant or is in receipt of an allowance on a personal basis or is not in receipt of the special duties allowance, such teachers are not obliged to undertake supervision duties as per the terms of Primary Circular 27/02 (i.e. undertake 28 hours supervision).
Three teacher schools:
Each teacher in a three-teacher school, who opts to do supervision duties will receive payment with salary for the 37 hours undertaken. A grant will issue to the Board of Management for the balance of supervision, i.e.11 hours, if all three teachers have undertaken the duties.
6.3 External Supervisors
If the process of seeking volunteers from the teaching staff of the school to undertake supervision duties does not produce enough school based volunteers to cover the school supervision needs, the Board of Management may source and recruit personnel to provide supervision services, e.g non-teaching staff or external supervisors. Please see Primary Circular 18/03 in relation to the employment of such personnel.
The Board of Management will make payment for supervision duties undertaken by such personnel from grants provided by the Department which will be based on the balance or proportion of the balance of the schools' non-committed supervision hours.
6.4 Statutory Deductions
Where a Board of Management makes payments to teachers/external personnel, responsibility for statutory deductions (tax, prsi) should be dealt with directly by the Board of Management with the relevant statutory bodies.
7. Pensionability of Monies paid to Teachers for Supervision
7.1 Teachers, who are in pensionable service and who opt-in to supervision duties under a 37-hour per annum contract on an on-going basis to retirement, will have the supervision payment made pensionable, subject to the payment of contributions and the rules of the Superannuation Scheme.
7.2 In order for serving teachers to qualify for pensionability of supervision monies, they must opt in to supervision duties on or before the 1st September 2004. Teachers who are on authorised leave of absence (eg. Career break, secondment) and who are not in service in September 2004 will be given an option to opt in to supervision on a pensionable basis on their return.
7.3 Since the start of the 2002/2003 school year, newly qualified teachers in their first appointment, in order to qualify for pensionability, must opt in to supervision duties within twelve months of first appointment.
7.4 A teacher, who has opted to partake in the supervision duties, but later opts out, will forfeit pensionability (for supervision monies) and will not be allowed under any circumstances to re-enter such a commitment. The teacher will not, in such circumstances, be entitled to a refund of superannuation contributions paid in respect of supervision payments. The teacher must advise the Board of Management of his/her decision on or before the 30th June prior to the commencement of the next school year. The teacher may continue to provide supervision duties on a volunteer basis and receive grant payment from the Board of Management.
7.5 Where teachers make an ongoing commitment to supervise, the commencement date for pensionability shall be the 1st September 2001 in the case of serving teachers who delivered the appropriate supervision in each year since that date or the date of appointment in the case of new teachers who delivered appropriate service from that date. On entering the commitment teachers will be required to make the appropriate pension contribution with effect from these dates. Pension contributions effective from 1 September 2001 will be deducted from any supervision payment due to a teacher opting in to pensionability. Pension deductions will be made from the supervision payments for the 2003/2004 school year.
7.6 Any supervision duties undertaken for less than 37 hours duration or less than 18.5 hours in the case of job sharing teachers (other than where a teacher has been available throughout the school year to provide 37 hours supervision but where a Board of Management does not call on delivery of all the committed hours) or duties undertaken in excess of 37 hours in a school year are not pensionable.
8. Payment for the 2003/2004 school year
8.1 Arrangements will be made to include payments with teachers' salary at the end of the current school year, pending receipt of certification of supervision duties undertaken from Boards of Management.
8.2 Payments to substitute teachers will issue as soon as possible thereafter.
8.3 In an effort to assist schools with the costs arising from the employment of external supervisors, arrangements will be made to pay grants to schools as soon as possible in 2004. However, in order for such arrangements to be put in place, schools must complete the enclosed form Supervision — 2003/04 (Teachers Who Have Opted Out Of Supervision Duties) and return it to the Department by Friday 12th December 2003.
This circular may be accessed on the Department of Education & Science website at www.education.ie. (Access through Education Personnel/Primary/Circulars & information booklets).
J. Bracken
Primary Branch. November, 2003.
Contract for Supervision Duties
(full-time primary school teachers)
A
I _________ hereby give a commitment to undertake supervision duties on a pensionable basis under a 37 hour per annum contract on an ongoing basis to retirement in accordance with the terms of Primary Circular 18/03. I understand that, should I cease to meet this commitment, pensionability will be forfeited and I will not be allowed to re-enter such a commitment.
Or
B
I __________ hereby give a commitment to undertake supervision duties under a 37 hour contract for the school year 2003 / 2004 in accordance with the terms of Primary Circular 18/03 but wish to defer a decision on pensionability until on or before 1 September 2004.
Or
C
I __________, have commenced teaching on and hereby give a commitment to undertake 37 hours supervision duties per annum in accordance with the terms of Primary Circular 18/03. I wish to defer decision on pensionability for 1 year.
Signed ______________ Date __________
(Teacher)
Signed ______________ Date __________
(Chairperson, Board of Management)
Please retain with school records for a period of six years. This document should not be sent to the Department.
Circular Letter PPT01/03
To: Management Authorities of second-level schools.
(i) Supervision of pupils during the morning and lunchtime breaks and before and after school
(ii) Extension of approved substitution to cover uncertified sick leave and Teachers’ absences from class because of other approved school activities (e.g. games, competitions and other extra-curricular activities).
1. Introduction
1.1 This Circular Letter replaces and supersedes Circular M 39/02. The Minister for Education and Science wishes to inform authorities of post-primary schools of the arrangements for the pensionability of supervision and substitution payments and restate and clarify the revised arrangements for supervision and substitution in second level schools. The purpose of this circular letter is:
a) To advise schools regarding the new arrangements for paid supervision and substitution that will apply arising from agreement between the parties at the Teachers’ Conciliation Council.
b) To set out the conditions that will apply to the pensionability of supervision and substitution payments.
c) To outline to schools the funding/payment arrangements that will apply
d) To confirm the extension of paid substitution
1.2 Context of the Agreement on paid Supervision and Substitution
Teachers are routinely involved in supervision of pupils in their care as part of their contractual duty of care in a variety of situations. Supervision of pupils in classes under their control is an integral part of teachers' professional duties and the contracts of employment. This proposal relates to supervision of students during periods that are not assigned to any teacher and which had previously been provided by teachers on a voluntary basis.
The paid substitution element of this agreement is intended to cover situations where a suitable substitute is not immediately available. This has, up to the present, generally involved other members of the teaching staff substituting/supervising for their absent colleagues on a voluntary basis. It is this substitution that is intended to be provided under the new paid supervision and substitution arrangements.
While the scheme envisages that supervision and substitution will be provided by teachers, the circular letter also makes provision for the situation, which may pertain in those schools where teachers are not available to carry out this work.
The scheme, which applies to all post-primary schools, is outlined below. Detailed operational guidelines specific to the three different sectors (Community and Comprehensive, VEC and Voluntary secondary schools) may be circulated by the relevant management authorities following consultation with the relevant teacher unions. The Department may also issue further elaboration/clarification as required.
2. Basis of Scheme for Supervision and Substitution
2.1 Schools will be allocated hours for supervision and substitution on the basis of 37 hours per wholetime teacher equivalent (WTE) per school year. The WTE figure used for the allocation of supervision and substitution hours will be based on the teacher allocation as on the 1st September each year to the school.
2.2 Hours will be allocated to VECs on the basis of the teacher allocation as on 1st September each year to the scheme.
2.3 Payment will be made in July of each year on the basis of certified delivery as provided in the scheme. The payment will be calculated by reference to the hourly rate, appropriately weighted to give proportionate effect to any increases in the rate in the school year ending on the 30th June preceding payment. It is intended that payment will be made through the normal payroll system on the basis of certification by the Principal or Board of Management/VEC in relation to the commitment entered into by each individual teacher and the actual hours delivered. Further discussions will be held with the parties on agreeing arrangements for an advance payment in December.
3. Contractual Arrangements for Teaching Staff
3.1 Permanent, temporary and part-time teachers employed in the school may volunteer at the commencement of the school year for supervision and substitution duties over the course of the year. A copy of the contract for permanent wholetime teachers is attached as Appendix 1. Other contracts will issue in due course.
3.2 Wholetime volunteers will be required to contract to deliver a minimum of 37 hours supervision and substitution over the course of the school year. Part-time and job-sharing teachers who volunteer will be required to deliver supervision and substitution on a pro-rata basis. This will cover both the supervision and substitution requirements of the school as determined by the school authorities following a consultation process. In the event that the full allocation of hours available to the school is not exhausted by the volunteers on the basis of the minimum commitments, the additional hours may be distributed among the volunteers, or any number thereof, on a pro-rata basis or as agreed locally, subject to a maximum allocation of 49 hours per annum, in the case of wholetime teachers,not being exceeded.In addition to the maximum allocation of 49 hours per annum, a part-time teacher may commit to the difference between the annual contracted part-time teaching hours with the school/VEC and 735 hours.
3.3 The supervision and substitution contract will provide that volunteers, who are wholetime teachers, will not normally be required to provide more than 1 hour 30 minutes per week on the contracted duties in a given week. However, the contract will provide that a teacher may agree to undertake contracted duties for more than 1 hour 30 minutes in a particular week on the request of the Principal. Additional time worked in such circumstances will be reckoned towards the total annual commitment.
3.4 The system of extra and separate payment for both supervision and substitution is for service in addition to normal class contact hours. Payment for supervision duties may not be made for periods within assigned timetabled class periods. In applying the system of additional and separate payments for both supervision and substitution the practice of timetabling teachers for these duties within normal teaching hours should cease. Similarly direct delivery of supervision and substitution duties should no longer form part of the duties of an Assistant Principal or Special Duties post.
3.5 On the basis of the contractual arrangements outlined above, teachers will qualify for additional annual payments, on the basis of an hourly rate of €37 w.e.f. 1 September 2002. Payment will be made on the basis of actual delivery. However, in the event that management does not demand delivery of the 37 contracted hours during the course of the school year, payment for the 37 hours contracted commitment will be made. Final payment on this basis will be made in July each year.
3.6 In the event of the allocation of hours to a school not being exhausted by the contractual arrangements the remaining hours may be used by the school to:
(i) pay teachers in addition to their contractual arrangements in respect of any additional casual supervision and substitution they provide, or
(ii) pay any other teacher, if no contracted teacher is available, to perform these duties on a casual basis.
4. Operational Arrangements for Supervision/Substitution
4.1 The Principal should consult with the volunteers in deciding on the timetable for supervision duties. Supervision duties should be timetabled over the course of the school year.
4.2 Residual hours available after the timetabling of supervision will be available for substitution. The specific arrangements for a substitution timetable should be made following consultation between management and teachers. The total time assigned to substitution and supervision may not exceed 1½ hours in any given week (save where otherwise agreed with the teacher). A commitment from teachers to be available for two timetabled class periods per week will form part of these arrangements.
Where, in any given week, a teacher is not called upon for substitution, the unmet commitment remains but is subject to a maximum delivery in any future week of 1½ hours within the two designated class periods (save where otherwise agreed with the teacher).
5. Pensionability of Supervision and Substitution Payments
5.1 Teachers who are in pensionable service and who give a commitment in writing to undertake supervision and substitution duties under a 37 hour contract on an ongoing basis to retirement will have the agreed payment made pensionable subject to the payment of contributions and the rules of the Superannuation Scheme. The pensionability of supervision and substitution payments for part-time teachers will be addressed in the context of the discussions on the Protection of Employees (Part-Time Work) Act 2001.
5.2 Serving teachers, in order to qualify for pensionability, shall make the necessary commitment on or before the 1st September 2004.
5.3 New teachers, in order to qualify for pensionability, shall make the necessary commitment within 12 months of first appointment. Details of teachers who have entered such a commitment should be notified to the Department of Education and Science in order that payment of the pension contribution can commence.
5.4 A teacher, who has entered such a commitment, but later ceases to meet the commitment, will forfeit pensionability and will not be allowed to re-enter such a commitment. The teacher will not, in such circumstances, be entitled to a refund of superannuation contributions paid in respect of supervision and substitution payments. Such teachers must advise their boards of management of their decision on or before the 30th June prior to the commencement of the relevant school year. However, this will not be a barrier to the provision of paid supervision and substitution on a casual basis.
5.5 Where teachers make an ongoing commitment, the commencement date for pensionability shall be the 1st September 2001 in the case of serving teachers who have delivered the appropriate service in each year since that date or the date of appointment in the case of new teachers. On entering the commitment teachers will be required to make the appropriate pension contribution with effect from these dates.
5.6 The pensionability of the supervision and substitution payment is restricted to the minimum commitment of 37 hours over the course of the year.
5.7 A teacher who is not entering a commitment to undertake supervision and substitution duties under a 37 hour contract on an ongoing basis to retirement may continue to provide supervision and substitution duties on a casual non-pensionable basis. Such teachers should advise their board of management of their availability on or before the 30th June preceding the next school year.
6. Supervision
6.1 School management has a responsibility to discharge its duty of care to pupils and to provide adequate supervision of pupils during the full period of time that schools are in operation.
6.2 Teachers are routinely involved in a variety of situations in the supervision of pupils in their care as part of their contractual duty of care. Supervision of pupils in classes under their control is an integral part of a teacher's professional duties and contract of employment. The issue being addressed in this scheme relates to supervision of students on the school premises outside of specified classroom teaching duties that has, up to the present, generally been provided by teachers on a voluntary basis. Under this scheme, the Department will make resources available to schools to provide supervision on a paid basis.
6.3 The supervisor in discharging his/her duty should take such care as to ensure the health and safety of the pupils as is reasonable in the circumstances.
7. Substitution
7.1 Substitution is the replacement of an absent teacher by another qualified teacher and substitution arrangements should aim to maximise appropriate teaching during substitution periods.
7.2 At present, the Department provides for paid substitution for specified approved teacher absences. In the case of absences for which paid substitution is available, schools normally employ a suitable qualified substitute as soon as possible to teach the subjects and classes of the absent teacher.
7.3 Under the terms of this agreement, the Department will now provide schools/VECs with resources to extend paid substitution for absences of teachers on uncertified sick leave, and other approved absences on school business, with a view to minimising the disruption of teaching programmes and improving the service to pupils. This substitution should be arranged in the normal way by the employment of a substitute teacher.
7.4 In addition, in order to facilitate school management in dealing with short-term unplanned or unexpected absences, teachers already employed by the school may commit to and be paid for casual substitution under the supervision and substitution arrangements set out in Paragraph 3 of this Circular. This does not alter the existing arrangements for part-time teachers to undertake duties as a substitute in the normal way.
8. Arrangements for Payment.
The following arrangements for payment have been agreed.
8.1 A claim form should be completed by each teacher who wishes to apply for payment. A copy of the claim form is attached as Appendix 11.
8.2 Valid claims should be certified by the Principal and retained in the school. The Principal of each school should notify the Department/VEC of the list of teachers eligible for payment on a composite claim form. The composite claim form will be forwarded to schools in due course.
8.3 The Department / VEC will arrange for payment of the teachers concerned through the teacher payroll system on receipt of the composite claim form.
8.4 Further discussions will be held with the parties on agreeing arrangements for an advance payment in December.
9. Supplementary Arrangements
9.1 The process of seeking teacher volunteers (from amongst the permanent, temporary and part-time teachers employed by the school) may not produce enough school-based volunteers to cover the school's supervision and substitution needs. In such circumstances, school management may source and recruit personnel to provide supervision services before school, at break-times and after school, and (where substitute teachers are not available) supervision of classes where teachers are absent on uncertified sick leave or on other approved absences on school business.
9.2 Such personnel employed by the school as supervisors may be paid either on a casual basis or on a contract basis from funds provided by the Department based on the balance or proportion of the balance of the non-committed supervision and substitution hours. Supervisors who contract for the delivery of supervision services will be remunerated at a weekly rate of €370 per week for which they will be expected to provide a minimum of ten hours and up to a maximum of twenty hours actual supervision per week. Supervision on a casual hourly basis or in excess of 20 hours for contracted staff in any week will be paid at a pro-rata rate.
9.3 These supplementary arrangements will continue to be kept under review in consultation with school management authorities.
10. Accounting Requirements
In the normal way each school/VEC will be required to keep records of the utilisation of the hours allocated under the supervision and substitution arrangements. Each school/VEC will also be required to provide a balancing statement showing the hours allocated, the hours certified for payment and expenditure on the employment of non teaching staff where applicable.
11. Review
The operation of the arrangements of this scheme will be monitored at national level throughout the year, and reviewed at the end of the school year, by a group representative of the parties to this agreement and may be revised as appropriate.
12. General
Queries regarding individual payments to teachers should be addressed to Post Primary Teachers Section in Athlone (Tel: 090-6474621).
Queries in relation to pensions should be addressed to Pensions Section (Tel: 090-6474621).
Queries in relation to school funding should be addressed to Post Primary Administration (Tel: 0506-24336).
13. Dissemination of Circular
Please provide a copy of this circular to the appropriate representatives of parents and teachers for transmission in the normal way.
John Dennehy
Secretary General
10th January 2003
Appendix 1
Contract for Supervision and Substitution Duties
(permanent wholetime teachers)
A. I _________ hereby give a commitment to undertake supervision and substitution duties for 37 hours per school year on an ongoing basis to retirement in accordance with the terms of the Circular Letter PPT01/03. I understand that, should I cease to meet this commitment, pensionability will be forfeited and I will not be allowed to re-enter such a commitment.
or
B. I __________ hereby give a commitment to undertake supervision and substitution duties for 37 hours for the school year 2002/2003 in accordance with the terms of Circular Letter PPT 01/03. I understand that this is on a non-pensionable basis.
Signed ______________ Date __________
(Teacher)
Signed ______________ Date __________
(Principal/Board of Management)
Optional
C. In addition to the commitment to undertake substitution and supervision duties of 37 hours I undertake to provide additional casual supervision and substitution hours when available as and when the need arises.
Signed ______________ Date __________
(Teacher)
Signed ______________ Date __________
(Principal/Board of Management)
Appendix 11
Claim for payment for voluntary Supervision/Substitution in the school year 2002/2003.
To: ______________________ Principal
From: _____________________Applicant
( Block Capitals)
In accordance with the terms of Circular Letter PPT 01/03 I hereby claim payment for voluntary Supervision/Substitution outside timetabled class contact hours on the basis that I have delivered on my contracted commitment of 37 hours over the course of the 2002/2003 school year.
In addition I hereby claim payment for an additional ___ non-pensionable hours which I delivered over and above my contracted commitment of 37 hours in the school year.
Signed: _____________________ Applicant
Date: _____________
I certify that the above claim has been verified by reference to school records and is in accordance with the terms of Circular Letter PPT01/03.
Certified: ________________ Principal
Date: _________
Circular Letter 115/2008
To: BOARDS OF MANAGEMENT OF PRIMARY SCHOOLS
1. Substitute cover for registered teachers employed in primary schools — Amendments to existing arrangements.
1. (a) As a result of the 2009 Budget provisions for Education, arising from current economic challenges, and following subsequent proposals from the management bodies of primary schools, new arrangements are being put in place for substitution cover for uncertified sick leave for teachers in primary schools.
1. (b) These arrangements are being put in place with effect from 1 January 2009 and will remain in place for the remainder of the 2008/09 school year while a review of the supervision, substitution arrangements and related matters takes place.
1. (c) With effect from the 1st January, 2009, the general rule will be that substitute cover will not be provided for the first day of an absence of a teacher on uncertified sick leave in a school.
1. (d) There will be two exceptions to this general rule. The first will be that substitute cover will be provided for the first day of an absence of a teacher on uncertified sick leave in schools with two or less classroom teachers.
1. (e) The second will be that in the event that two or more teachers in a school are absent from teaching duty on the first day of uncertified sick leave, substitute cover will be provided for the second and subsequent teachers that are absent.
1. (f) The existing arrangements for substitute cover for other absences of teachers from teaching duty will continue to apply.
2. Checks for the Employment of Substitute Teachers.
2. (a) A recent newspaper report of journalists being offered employment as substitute teachers gaining access to two schools while purporting to be qualified teachers serves as a timely reminder of the importance of carrying out adequate checks when school staff are being recruited. For school authorities, when employing persons for teaching or other positions, good practice should involve the checking of recent employment records, qualifications, experience and names of referees. While many substitute teachers have previous experience of working in schools and may be known to the authorities in particular schools, there is clearly a heightened requirement for vigilance in checking the prior employment record where the person seeking employment is not known to the school or is approaching it for the first time. Good practice is warranted in any event, regardless of the specific issue with regard to safeguarding against any child protection risk.
2. (b) In the context of child protection specifically, the arrangements for vetting of teaching and non-teaching staff are set out in Department circular 0094/2006, which issued to all schools in June 2006. This circular is available on the Department's website. Irrespective of the position on vetting by the Garda Vetting Unit, where facts or information come to a board of management's attention calling into question a person's suitability to work with children, it is a matter for the board to be satisfied that the person is suitable to work in that capacity.
The position will naturally have to be assessed on a case-by-case basis.
2. (c) A Board of Management must consider the various circumstances of the case, give due weight to all relevant factors and afford fair procedures to the individual concerned before making a decision.
H. Loftus,
P. Maloney,
December, 2008.
