Local proposals
for changes to the
school day
October 2008
Local proposals for changes to the school day
Contents
Elements of a good process
A recommended process for schools
Further advice on proposals for changes
Appendix A: 2008 PPTA survey of secondary schools on
proposals to change the school day
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Introduction
Following requests from members, the PPTA Executive has
prepared advice on processes to be followed when there are
proposals to change a schools instructional times.
The Secondary Teachers Collective Agreement (STCA)
requires that schools have a timetable policy developed in
consultation with the teaching staff and there must be a
review mechanism for such school policy. Where there is a
proposal to change the operational times of the school this
would require a change to the schools timetable policy and
this will require consultation between the teaching staff and
the employer.
This advice is to guide you through what would be expected
in such a consultation process on changes to school times. It
contains advice on the legal and industrial constraints around
proposals to change the school day, a list of reasons that
have recently been raised with branches for changes to the
teaching times in some schools and advice on how branches
and schools should approach any local suggestion to change
the schools normal operating times.
Appended to this advice is the outcome of a survey PPTA
undertook of secondary school branches earlier this year. The
outcome demonstrates that when proposals for change are
poorly managed they frequently mean poor outcomes for the
school.
Local proposals for changes to the school day
Elements of a good process
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Consideration
A proposal to change school operating times is likely to come
from a genuine desire to improve the functioning of the
school or learning or working conditions. Fair consideration
should be given to a reasonable proposal regardless of its
origins.
Consultation
The employer must actively consult with staff in good faith
about any proposed change which may impact on their
working conditions, including changes to their existing
working hours, and should actively consult with parents
before seeking to change existing school hours.
Reason
The reason(s) for the proposed change should be clearly
identied and open to discussion. Examples of reasons
schools have for considering changes to the hours they
operate include:
better management of teacher workload
class size pressures
more exible access to specialist rooms
improved access to curriculum options
improved student participation in learning
introduction of cluster learning situations (e.g. video
classes)
health and safety of students and/or teachers.
PPTA involvement
Hours of work are an employment condition. The branch, as
representatives of the PPTA in the school, has a right as party
to the employment relationship with the board of trustees to
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Local proposals for changes to the school day
be consulted. Changes to the operating times of schools will
require changes to the schools timetable policy. Part 5 of the
STCA gives members the right to consultation over changes
to the timetable policy
There should be full branch discussion of proposed changes
regardless of any other consultation process used.
The branch should consider in good faith the reasons given
for the proposed change and the advantages and their
disadvantages and whether there are alternative changes
that could achieve the indicated purpose.
The branch should seek to have a collective position on the
proposal to change. It should ensure that all of the potential
impacts of changed working hours have been properly
considered. This includes impacts on students, part-time
teachers, teachers who are parents, health and safety of staff
and students, etc.
Branches are encouraged, if they need assistance, to seek
further help or advice over proposed change to working hours
from their eld ofcer, their regional ofcers and/or their
executive member.
When agreement might be appropriate
Agreement must be withheld from proposals that
breach legislation or collective employment agreement
requirements.
To change the working hours of any staff involved, the
employer must have agreement. The whole branch may
agree to change working hours or individuals may agree to
change hours where this applies only to them. The collective
agreement rights of teachers must not be undermined in the
process of change and the workload of teachers should not
be increased as a consequence of any proposed change.
The individual circumstances of teachers should be taken
into account when considering possible changes. Agreement
to change may be provisional upon addressing problems
identied (e.g. the provision of crche facilities for teachers
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Local proposals for changes to the school day
who are parents of young children, increased travel to and
from work, meal costs, etc).
A proposal to work outside the normal school day (or week)
may arise in relation to individual teachers and apply only
to them. Individuals should know that in agreeing to change
their own working hours they may establish a precedent
that may not be appropriate for other teachers. Where
there is individual agreement this cannot undermine the
right of the others to continue with their original conditions
of employment. Individuals contemplating a change their
working hours should consult with the branch to ensure
they do not inadvertently undermine the rights of other
teachers in the school or place them under unfair pressure.
The employer and the branch should be clear through the
consultation process that individual agreement to change
hours is not a precedent for others.
Agreement to change should be on the basis of a reasonable
trial period and there should be a review process within a
specied time frame which allows the school to assess the
effects of the change and to make a further decision on
whether to continue or return to the original hours. In most
cases a term is likely to be a reasonable trial period, but
certainly any change should be reviewed after no more than
a year.
A review may conrm that the change was effective, or
identify improvements which could or should be made, or
determine that the aims of the change were not met and
that a return to the previous conditions is appropriate.
Local proposals for changes to the school day
A recommended process for schools
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A proposal arises from discussion of potential
improvement to the operation of the school.
The proposal is raised at a staff meeting and a
consultation process is developed.
The consultation process involves:
Establishing a timeline for initial discussion,
the opportunity for consideration, a process for
consultation, a period for consultation and feedback
and a decision date.
Providing full written information about the current
situation and the proposed change.
Determining the way in which school consultation
will occur (PPTA branch meeting(s), staff
meeting(s), written consultation, or some
combination of these).
If the change involves altering the timetable policy
or changing employment conditions (including
starting and nishing hours, lunch or other break
times etc) arranging for meetings between PPTA
branch ofcers and the school management.
PPTA branch ofcers organising a branch meeting to
determine the branchs process for discussion of the
proposal, how it will gather membership opinion,
consider relevant issues and feed back into the main
process.
Identifying any issues raised in the consultation and
responding to those issues.
Organising for consultation with parents and
students if the change would impact upon them.
Analysing the consultation outcomes and advising
staff of those results.
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Local proposals for changes to the school day
If the change is to proceed, determining a suitable
trial period and review date, identifying how it will
be reviewed and how identied or new risks will be
monitored or addressed in the meantime.
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Items likely to be considered in the consultation process
include:
Teacher workload
Collective agreement requirements (See next page)
Current employment conditions (See next page)
Access for students to curriculum options
Teacher and/or student health and safety
Part-time teacher issues
Education Act requirements (See next page)
Employment Relations Act requirements (See next page)
Family responsibilities of teachers
Student transport
Student assessment issues
Student learning theory
Coordination with student employment
Any changed operational/ancillary costs of proposed changes
Availability of school facilities
Local proposals for changes to the school day
Further advice on proposals for changes
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The Education Act and education regulations
The school week is 10 half-days, Monday to Friday inclusive.
A school day is two half days, one before noon and one after,
and each half-day is at least two hours. School must be
open (other than in emergency situations) for 380 half days
per year. Maximum timetabled teacher time (i.e. timetabled
contact plus timetabled non-contact for a full time teacher) is
25 hours per week.
The Employment Relations Act
The employer must, in good faith, consult employees or the
union representing them about the collective interests of the
employees and decisions which may impact upon them. This
includes changes to established working practices like the
start and nish times of their employment.
The Collective Agreement entitlements
Full time teachers are timetabled for no more than 20 hours
contact per 5 school days. Year 1 full time teachers are
timetabled for no more than 15 hours per 5 days, and Year
2 full time teachers for no more than 17.5 hours. Part time
teachers employed for 18 hours or more must have some noncontact time and the school must endeavour to provide parttime teachers of 12 hours or more with pro rated non-contact.
Individual teachers have reduced timetabled contact hours for
units or other time allowances. Refer to part 5 of the STCA.
The established employment conditions
Working hours form part of teachers agreed employment
conditions. They are generally part of established custom
and practice in schools. Change in employment conditions
requires both consultation and agreement.
There is an accepted legal formal denition of consultation.
The views in Wellington International Airport [1993] NZLR
671 (CA) were adopted by Goddard CJ in Communication
and Energy Workers Union v Telecom NZ Ltd [1993] 2 ERNZ
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Local proposals for changes to the school day
429. The Chief Judge restated several propositions as a
guide to employers and employees:
(1) The word consultation does not require that there be
agreement.
(2) On the other hand it clearly requires more than mere
prior notication.
(3) If there is a proposal to make a change, and such
change requires to be preceded by consultation, it must not
be made until after consultation with those required to be
consulted. They must know what is proposed before they
can be expected to give their views
(4) This does not involve a right to demand assurances
but there must be sufciently precise information given to
enable the person to be consulted to state a view together
with a reasonable opportunity to do so. This may include an
opportunity to state views in writing or orally.
(5) The requirement for consultation is never to be
treated perfunctorily or as a mere formality. The person or
body to be consulted must be given a reasonably ample
and sufcient opportunity to express views or to point to
problems or difculties
(6) Consultation must be allowed sufcient time
(7) Genuine effort must be made to accommodate the
views of those being consulted; consultation is to be a
reality, not a charade
(8) Consultation does not necessarily involve negotiation
towards an agreement although this not uncommonly can
follow, as the tendency in consultation is to seek at least
consensus;
(9) Consulting involves the statement of a proposal not yet
nally decided upon, listening to what others have to say,
considering their responses, and then deciding what will be
done
(10) The party obliged to consult, while quite entitled to
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Local proposals for changes to the school day
have a working plan already in mind, must keep its mind
open and be ready to change and even start afresh
(11) There are no universal requirements as to form or as
to duration of consultation.
Health and safety Act
The employer must ensure a safe work environment for
both the teachers and the students.
Local proposals for changes to the school day
Appendix A: 2008 PPTA survey of secondary
schools on proposals to change the school
day
In term 3 2008 PPTA surveyed secondary school branches
about proposals to change starting or nishing times made
since 2005. The results of that survey indicated that, on
average, 20 schools per year work through proposals to
change school times.
Proposals have come from the PPTA branch, staff meetings,
timetable committees or individuals. Most often they came
from the senior management.
Proposed changes related to:
Earlier start
Earlier nish
Later start
Later nish
Glide classes
E-classes outside school timetabled day
27.5%
32.5%
22.5%
17.5%
5.0%
2.5%.
The branch members considered the consultation process
undertaken to be fair and acceptable in 65% of cases. In
both types of process discussion of students access to
curriculum options occurred 40% of the time. The suggested
change was equally likely to be implemented in either type of
process, but when the process was not considered to be fair
by the teachers it was 13 times more likely that the outcome
was not supported by the staff.
When the process was considered to be reasonable:
It was twice as likely that there would be a staff meeting
or meetings to discuss the proposal.
It was two and a half times more likely that there would
be correspondence with the whole staff as part of the
consultation.
The senior management was nine times more likely to
seek the agreement of the staff for change.
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Local proposals for changes to the school day
Parents were more likely to be consulted.
There were, on average, three times as many issues
discussed in the process.
The following were more likely to be part of the
consultation discussions:
Collective agreement requirements
Current employment conditions
Family responsibilities of teachers
Part-time teacher issues
Student and/or teacher health and safety
Student learning theory
Student transport
Teacher workload
The availability of school facilities.
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