THE EFFICIENT DISCHARGE OF THE EMPLOYERS FUNCTION(ED)

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History Negotiation Circular 2014/11 Date for submission:

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4 June 2014 to Employing/Funding Authority

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25 June 2014 to Teachers’ Negotiating Team DE

What does it mean?

EFFICIENT DISCHARGE

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A management tool to drive up standards ‘evidence to suggest that a teachers’ performance and effectiveness has been significantly affected by the increasingly complex and demanding environment brought about by changes to the curriculum and technology’ Where retraining would be either an ineffective or inefficient use of resources, or where phased retirement/stepping down is not a viable option

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WHEN SHOULD IT NOT BE USED

Facilitating people who simply want to leave Avoiding dismissal on grounds of unsatisfactory performance Evidence of significant deficiencies in teaching and/or management or leadership For those on long-term sick leave (ill-health more appropriate) Avoiding a potential disciplinary case Pay has been increased on performance basis in in previous 2 years or such an increase has been recommended by employer PRSD review is inconsistent with ED application

OBJECTIVE OF ED

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Re-energising and motivating pupils through exposure to improved levels of leadership, teaching and learning and allowing them to attain and sustain higher levels of achievement Enabling the recruitment of teachers with a different skillset, making learning more interesting and engaging for pupils Benefiting pupils in circumstances where aspects of existing teaching/leadership changes to bring about a more dynamic, collaborative approach which serves to impact positively at whole school level Enabling employers to encourage teachers who are unable to keep pace with change to exit the profession with dignity

PARAMETERS OF ED

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Must be at the initiative of the employer not the teacher (teacher must agree to ED) EAs must have contingency plan, give timescale for release Applications should fully meet the criteria Teachers should not resign before decision by ED panel Replacement posts should not be advertised before decision of ED panel

APPLICATION / APPROVAL PROCESS

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Application to be completed by the BoGs Sent to Employing/Funding Authority

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Maintained Schools: CCMS to ELB

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Controlled Schools: ELB

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VGS/GM Schools: DE schools’ finance team EA/Employer responsible for considering eligibility and validity of applications EA/Employer then sends to DE DE determines the cases that can have their employment terminated on grounds of ED and advises EA/Employer Decision of DE is final No right of appeal

CONSTITUTION OF ED PANEL

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Chaired by DE official (Director of Education Workforce Development, La’Verne Montgomery) An ETI Inspector One Employer Rep (Pool of 3 nominated by employer’s side) Trade Union Rep (Pool of 3 nominated by teachers’ side) Chair has casting vote

ASSESSMENT CRITERIA

Set criteria based on DE’s Corporate Goals: 1. Raising Standards (Essential) 2. Closing the performance gap (Essential) 3. Developing the Education Workforce (Where relevant) 4. Improving the Learning Environment (Where relevant) 5. Transforming the Governance and Management of Education (Where relevant)

1.

RAISING STANDARDS

ASSESSMENT CRITERIA 1

(a) Post-Primary Schools (data) 1. Current number and percentage of 5 GCSEs at Grade A*- C (or equivalent) including English and Maths in accordance with SDP 2. Anticipated increase, each year, over 3 years if ED approved (b) Primary Schools (data) 1. Current number and percentage of pupils achieved KS2 Communication and Maths in accordance with SDP 2. Anticipated increase, each year, over 3 years if ED approved (data will be measured against NI averages to determine how the school is currently performing and the anticipated performance )

ASSESSMENT CRITERIA 2

CLOSING THE PERFORMANCE GAP (a) Post-Primary Schools should demonstrate: 1. A proposed increase in the number of pupils from disadvantaged backgrounds who leave school with at least 5GCSEs including English and Maths 2. An improvement on statistics from 2011/12 of 34.1% school leavers with FSM achieved 5GCSEs A*-C including English and Maths compared to 67.9% not on FSM (b) Primary Schools should set out baseline data on proportion of pupils at expected level in KS2 Communication (English/Irish) in accordance with SDP. Schools

should state clearly their expected improvements for the next 2 years

ASSESSMENT CRITERIA 3

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DEVELOPING THE EDUCATION WORKFORCE Schools should provide detail on how they will ensure staff will have the necessary skillset to deliver an effective curriculum and raise standards Additional specific improvements not included in previous sections should be included, if appropriate May include qualitative evidence regarding other expected improvement benefits anticipated as a result of the ED

ASSESSMENT CRITERIA 4

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IMPROVING THE LEARNING ENVIRONMENT Provide current pupil attendance levels for all pupils and those in receipt of FSM and expected improvement over next 3 years Post-primary to provide information on current proportion of year 12 pupils staying on for years 13+14 and expected impact Current sickness levels for teaching and other staff and expected reduction for each of the next 3 years

ASSESSMENT CRITERIA 5

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TRANSFORMING THE GOVERNANCE AND MANAGEMENT OF EDUCATION Provide detail on the expected improvement in governance and the effective use of the school budget allocation May include qualitative evidence regarding other expected improvements/benefits Monitoring and Evaluation If ED approved monitoring will take place on the expected improvements outlined in the application A report must be made to EA on a yearly basis, using existing relevant data to monitor the expected improvements as a means of verification Responsibility of EA/Funding Authority to address any issues highlighted in the monitoring report ETI will carry out a formal review of ED process after 3 years

Financial Considerations

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Maximum Compensation available is 104 weeks pay

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The level determined by the Employing Authority should be guided by maximum economy