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NSW
GOVERNMENT

Institute of Teachers

NSW

Consultation Paper regarding Great Teaching Inspired Learning Recommendation 10.1

-

Proposal to accredit all NSW teachers through the

NSW Institute of Teachers

1. 1.1

Preamble Establishment of the NSW Institute of Teachers

The Institute of Teachers Act was passed by the NSW Parliament in June 2004. It was proclaimed on 24 January 2005 to apply to teachers newly seeking employment as a teacher in NSW schools from 1 October 2004 (including teachers returning to teaching following a five year absence), and the Institute itself was fully operational from Jan 2005. Approximately 7000 teachers annually are accredited, provisionally or conditionally) each year. Teachers who continue to teach are required to attain accreditation at Professional Competence (since renamed Proficient Teacher with the introduction of the Australian Professional Standards for Teachers) within specified periods for full-time and part time/casual teachers.

1.2

Current situation

As at mid-2013, there were some 58,500 teachers accredited with the Institute (these include those actively teaching or on approved leave). Of these some 26,000 have been accredited at Proficient Teacher and 32,500 teachers are Provisionally or Conditionally Accredited.

Great Teaching, Inspired Learning

In July 2012, the Great Teaching Inspired Learning (GTIL) Discussion Paper was released for consultation. The Discussion Paper addressed issues relating to the quality of teaching and learning in NSW schools. More than 500 submissions were received. In March 2013, NSW Government released the GTIL Blueprint for Action which outlines a far reaching reform agenda for improving the quality of teaching and learning in NSW schools.
J

1.3

GTIL recommendation 10.1

GTIL recommendation 10.1 provides as follows: Legislation and policy will be amended to bring all NSW teachers within the scope of the Institute of Teachers Act 2004. This process will be phased in over five years and will incorporate:

recognition of the professional standing of the pre-2004 teaching workforce alignment of Institute- processes and school-based performance and development processes

alignment with employment and new legislative requirements for criminal checks

The Institute will consult with teacher and principal organisations, unions and school authorities on potential strategies for recognising existing teachers within the scope of the Institute of teachers Act 2004, including identifying legislative and policy implications. The Institute will provide implementation and transitional proposals to the Minister by December 2013.

2.

The Proposal

the progressive incorporation of the Proficient level of the Australian Professional Standards for Teachers into teacher performance and development processes in all schools and systems during 2014-2015, including agreement between the Institute and employing authorities around the incorporation of requirements for accreditation purposes

consequently,

the engagement of all active members of the

NSW

teaching

profession with the professional teaching standards for the first time, a key objective of the GTIL 10.1 initiative

the completion of the Working with Children Check Clearance in 2016 by all secondary teachers and in 2017 by all primary teachers, who have been employed constantly since before 2000 by the same employer (overlaps to a significant, though not total degree, with the target group of existing teachers) pursuant to a NSW Government decision already made

the accreditation of all existing (non-accredited) secondary teachers by the Institute in late 2016 (secondary teachers), and 2017 (primary teachers) with fees payable for the following school years respectively

commencement in 2017 (secondary teachers) and 2018 (primary teachers) for these teachers of a five year cycle of maintenance of accreditation on the basis of completion of required professional development and evident meeting of standards including through the annual, integrated performance and development processes

3.

Other actions mandated by Great Teaching, Inspired Learning linked with this Proposal include

explicitly linking teacher performance and development to the Australian Professional Standards for Teachers and the Australian Teacher Performance and Development Framework

teacher professional learning plans integrated with such processes reporting requirements for maintaining accreditation with the Institute will be streamlined with employer processes

processes for recognising and registering and school-based professional learning and the endorsement of schools as providers of professional learning will be simplified

strengthened processes to deal with serious underperformance may be initiated where issues are identified through ongoing review processes specific to each sector GTIL mandated revisions of accreditation processes

4. 4.1

Considerations to be addressed by the Proposal Integration of the Australian Professional Standards for Teachers and key elements of the NSW Institute of Teachers accreditation process into school processes (sector specific) linked to the Australian Teacher Performance and Development Framework (ATPDF).

The Proposal integrates the standards at Proficient Teacher with the processes associated with implementing the Australian Teacher Performance and Development Framework. The standards describe effective teaching and the framework describes processes associated with performance and development. These processes would all be based on the professional teaching standards. Linking the accreditation of existing teachers to the ATPDF would eliminate the need for a teacher to have two separate assessments of teacher quality at the same time. The Institute of Teachers Act 2004 would be amended to provide for the accreditation of existing (not currently accredited) teachers following the implementation of the ATPDT informed teacher review and development processes. This would bring the existing teacher workforce 'within the scope of the Institute of Teachers Act'. As a consequence of this change to the Act, existing teachers would be required to provide their qualifications and employment details to the Institute. With formal accreditation occurring in tandem with the completion of the Working With Children Check Clearance in 2016 and 2017, all existing teachers would be accredited by 2018. Teachers would be required to maintain their accreditation by completing 100 hours of professional development over 5 years starting from the date of full accreditation. Teachers would commence paying the annual fee from the date of full accreditation. The existing accreditation process would continue for all teachers new or returning to the profession as currently occurs, subject to changes which might occur through the GTIL mandated joint Institute-employing authorities review of such processes. Existing teachers would thus be accredited with the Institute through a deeming-like administrative action (as occurred in other jurisdictions) but one founded on a standards based performance and development process to be implemented prior to accreditation 4.2 Recognition of the Professional Standing of the pre-2004 Teaching Workforce. 4.2.1 Qualifications benchmark for teaching

Prior to the implementation of the Institute of Teachers Act in 2005, there was no legislated qualification benchmark for teaching in NSW. In 2005, employers were required to identify any teacher who did not have a recognised degree or teaching qualification. These teachers were called transition scheme teachers and had 7 years to obtain a degree and meet the Standards at Professional Competence. There were 166 teachers identified as transition scheme teachers. 3

The current NSW teaching workforce, as in all other jurisdictions, exhibits a range of qualifications reflecting the changing historical requirements. The minimum national benchmark for entry into the profession is a 4 year teaching qualification. Existing teachers who do not meet the benchmark are those who have a three year Diploma of Teaching or a two year Teaching Certificate. The Diplomas of Teaching were offered by teacher training institutions up until the mid1980s.The youngest of these teachers will be in their late 40s. The Teaching Certificates were offered by Teachers Colleges up until mid-1970s. The youngest of these teachers will be in their late 50s. The existing range of teaching qualifications held by the pre-2004 teaching workforce will be added to the list of approved qualifications for this cohort of teachers All other jurisdictions have managed this issue through a deeming process. Existing teachers generally were not required to upgrade their qualifications in order to meet the four year benchmark. The same arrangement would apply in NSW under this Proposal. 4.2.2
Gathering qualifications for the purpose of subject coding

Gathering the qualifications of all teachers will allow ongoing analyses of teacher supply and demand. There is no other repository of cross sectoral data on teacher qualifications in NSW. In addition, NSW is the only state that gathers detailed teaching subject data as a part of the registration (accreditation) process. The collection of this data will provide NSW with the capacity to provide strategic advice about the supply and demand of teachers across NSW to universities as well as employers.
4.3 4.3.1 Working with Children Check Clearance (WWCCC) Alignment with employment and new legislative requirements for working with children checks

The inclusion of a valid Working with Children Check Clearance is not currently an explicit requirement of accreditation under the Institute of Teachers Act 2004. The completion of a Working with Children Check Clearance is an employer responsibility. However, no teacher can be accredited unless they are employed. The employment and accreditation decision occurs simultaneously. As such, a teacher who has been provisionally or conditionally accredited must have had a Working with Children Check Clearance. The Working with Children Check Clearance is an explicit requirement of registration for all other registration authorities. In 2010, the NSW Minister adopted the National Consistency of Teacher Registration agreement. This agreement includes a requirement for an applicant to be suitable to both work with children and be a tea-cher, based on an assessment of character and criminal history. In 2012, a raft of changes was implemented to support a new regime of Working with Children Checks. These changes are described in the Child Protection (Working with Children) Act 2012. The new legislation requires that: all teachers need to have a current Working with Children Check Clearance (teachers who were employed prior to 2000 and who have not changed employers have not been subject to a Working with Children Check.

Working with Children Checks have a

5 year renewal requirement $80.

Teachers are required to obtain a Working with Children Check Clearance by applying through a Roads and Maritime Services office. The Check costs The new form of the Checks for all new teachers commenced on

15

June

2013.

The Child Protection (Working with Children) Regulation 2013 describes the timeframe for all teachers (who do not have a current Working with Children Check) to obtain a current check. The timeframe is as follows: Secondary teachers- by Primary teachers - by

31/12/2016 31/12/2017

The following issues are associated with accreditation and the Working with Children Check Clearance: 4.3.2
Paying for a Working with Children Check

Employers are no longer required to pay for a teacher's Working with Children Check. It is intended that individual teachers will apply and pay for their own Check. 4.3.3
Employer strategies to meet the statutory timeline for WWCCC.

Employers have a range of strategies to meet the regulatory timeframe for teachers requiring current checks. The table below provides information about each employer's timetable to implement the Regulation: Employers Department of Education and Communities between 1/01/2016 and 31/12/2016 between 1/01/2017 and 31/12/2017 Catholic systemic schools Any time before the date Any time before the date Independent schools

Secondary Teachers Primary Teachers

Any time before the date Any time before the date

4.3.4

Operation of the Mutual Recognition Agreement and Trans-Tasman Mutual Recognition Arrangement

The provision in the Institute of Teachers Act Mutual Recognition Act accreditation scheme.

2004

(Section

5)

for the application of the

1992

(Cwth) and the Trans-Tasman Mutual Recognition Act

1997

(Cwth) is defeated by the incomplete reach over the teaching profession of the Institute's

Accordingly, NSW accredited teachers are not able to access the benefits of mutual recognition. The definition of a "registered profession" under the Mutual Recognition Act 1990 requires universal registration. This will change when all teachers are brought within the scope of the Institute of Teachers Act, 2004. Bilateral negotiations between NSW and Queensland, Western Australia, South Australia and Tasmania have stalled because the Institute cannot assure other registration bodies that NSW accredited teachers have a current Working with Children Check Clearance, as this is not an accreditation requirement of function of the Institute.

The timeline for teachers to obtain a current Working with Children Check Clearance described in the Child Protection (Working with Children) Regulation 2013 means that NSW accreditation arrangements will be recognised by other interstate jurisdictions as fully compliant with the mutual recognition laws, and by international jurisdictions as providing a comprehensive approach to teacher registration requirements as generally understood and accepted.

4.

Financial implications of the Proposal

It is proposed that existing teachers commence paying an annual fee only when they are fully accredited, that is from 2017 and 2018 for secondary and primary teachers respectively. Accredited teachers currently pay an annual fee of $100. The Institute would determine its budgets within the context of the functions of the Institute applying at the time and the numbers of teachers being accredited, and the annual fee would be set to appropriately meet the administration and efficient performance of these functions. The timeline for this Proposal ensures that school authorities, the Institute and teachers themselves have ample time to prepare for and implement the various new or revised processes connected with the incorporation of all teachers into the Institute.

5.

Timeline to implement the Proposal

2013

Institute identifies, and discusses with school authorities, the essential elements needed for accreditation and maintenance of accreditation processes to be embedded in the employer-developed (sector specific) teacher performance and development processes.

2014-2015

Institute of Teachers Act 2004 is changed to recognise the progressive application of the Professional Teaching Standards to all teachers as a basis for the accreditation of those teachers not yet accredited through the Institute. The Act will also recognise the completion of the WWCCC as prerequisite for the accreditation as Proficient Teacher by the Institute.

2014-2015

School authorities to develop (or revise) and implement standardsbased teacher performance and development processes, applying to all their teachers.

2014-2016

Institute works with school authorities and professional development providers to ensure the availability of ample high quality, Institute registered, professional development suitable for the large cohort of experienced teachers about to be accredited by the Institute. Completion of all GTIL mandated professional development actions.

2016

All teachers, in all sectors, engaged in teacher performance and development processes.

2016

Secondary teachers complete WWCC and submit their clearance to the Institute, along with their teaching qualifications. These teachers are fully accredited as "Proficient Teacher" and commence their first formal period of accreditation (required to maintain their accreditation and log their PD). Fee requirements commence at the date of accreditation, applying to the 2017 year.

2017

Primary teachers complete WWCCC and submit their clearance to the Institute. These teachers fully accredited as Proficient Teacher and commence their first formal period of accreditation (required to maintain their accreditation and log their PD). Fee requirements commence at the date of accreditation, applying to the 2018 year.

2018

All teachers are fully accredited under the Institute of Teachers Act 2004 and are subject to the mandatory provisions of the Act.