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3.5 Substitution

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May 11, 2010 - 10:11:14 AM

3.5) Substitution

The school authorities may employ substitute teachers where teachers are absent in the following circumstances:

Unpaid leave.
Certified sick leave.
The full period of paid or unpaid maternity leave and leave in lieu of maternity leave in accordance with Department of Education and Skills regulations.
Paid or unpaid family leave in accordance with Department of Education and Skills regulations.
Jury service.
Membership of the National Council for Curriculum and Assessment.
Membership of course committees established by the National Council for Curriculum and Assessment.
Conduct of State Examination Commission oral and practical examinations and/or assessments.
State examination conferences organised by the State Examination Commission.

Limited arrangements for substitution cover for teachers who are absent on uncertified sick leave and for official school business in post-primary schools are set out in DES CL 110/2008.

Substitute teachers who are employed in these circumstances fall into three distinct categories:

Non-Casual Part-Time teacher.

A Non-Casual Part-Time teacher is a part-time teacher who:

Is a qualified teacher and,
Is employed for more than 150 hours in the year (e.g. maternity leave, long term illness)

Casual Part-Time teacher

A Casual Part-Time teacher is a part-time teacher who:

Is a qualified teacher and
Is employed for 150 hours or less during the school year.

Unqualified part-time teacher

An Unqualified Part-Time teacher is a part-time teacher who is employed in the absence of a suitable qualified teacher and who:

Lacks some basic qualification and/or
Is not properly qualified in the subject area for which he/she is employed.

School management may employ existing RPT teachers to substitute for absent colleagues provided that the hours worked by any individual do not exceed 22 hours in a week.

When engaging a substitute teacher for a period of 26 weeks or more in a given year Boards of Management are required to advertise the post and make an appointment in accordance with the normal procedures for the appointment of teachers. For periods of less than 26 weeks, while it is advisable to follow the same procedure whenever possible, substitutes may be appointed from a panel of available teachers or from a list supplied by an agency. It is advisable, however, that the Board of Management should put in place an appropriate form of selection process to be used in such circumstances.

It is not permissible to engage, as a substitute teacher, a person who is already in receipt of incremental salary as a teacher. A teacher on Career Break may not be engaged as a substitute teacher except on a casual basis for a maximum of 150 hours in a school year (DES CL. 10/2011). Teachers absent on Parental Leave may not engage in any type of teaching (DES CL. 17/99).

Supervision and substitution by existing staff.

A scheme for supervision and substitution by existing staff members has been agreed between the parties at the Teachers’ Conciliation Council.

Provision is made for:

· The contracting of staff members to supervise pupils during break times and during periods before and after school.

· The contracting of staff members to provide substitution for short term absences of teachers.

· The employment of additional external supervisors to supplement these arrangements where required.

The terms and conditions governing this agreement are contained in Circular Letter PPT 01/03. The Croke Park agreement of 2011 provides that teachers contracted to participate in this agreement must be available for substitution for 3 periods per week instead of 2 as outlined in the circular (Section 4.2).

Records of all teacher absences and the reasons therefor should be kept by the school management and available for inspection by the Board of Management and/or by the DES.

In the context of economic measures introduced to schools in January 2009 provision was made for the allocation of a limited number of hours to schools to be used at the discretion of school management in the event that the supervision/substitution scheme cannot provide for the substitution needs of the school. These hours may not be exceeded during the course of a school year. (See CL 43/2009)