Policy and Guidelines
Tenure renewal — Leading Teachers and Learning Specialists
Last updated 30 May 2018
Employment as a leading teacher or learning specialist is subject to Division 2 of Part 2.4 of the Education and Training Reform Act 2006. Leading teacher or learning specialist positions are tenured for up to 5 years. At the expiration of tenure, there is provision for renewal of tenure for a further period subject to agreement between the leading teacher or learning specialist and the principal.
This guide provides advice on leading teacher or learning specialist tenure renewal.
Tenure renewal — leading teachers or learning specialists
Principals are responsible for the tenure renewal process for leading teachers or learning specialists.
Leading teacher or learning specialist positions are tenured for periods of up to five years. Successful applicants for leading teacher or learning specialist positions will be employed on an ongoing basis with tenure in the position for the period as advertised. A principal is required to undertake action in relation to the tenure of each leading teacher or learning specialist position not less than 3 months before the expiry date of the tenure. Any concerns about the performance of a leading teacher or learning specialist would normally be known and should have been addressed well in advance of renewal considerations.
Prior to meeting with a leading teacher or learning specialist to discuss tenure renewal, the principal will need to determine whether the position is to be continued, abolished or advertised consistent with the school’s long term workforce planning.
The principal's course of action may be influenced by a number of factors including:
- changes in the workforce plan
- changes in the structure of the school's staffing profile
- changes to the school strategic plan
- a desire to broaden the applicant field
- a desire to increase diversity within the leadership profile
- a change in the work value of the position
Not less than 3 months prior to the completion of the period of tenure, the principal will meet with the leading teacher or learning specialist to discuss the tenure renewal decision. The leading teacher or learning specialist may wish to bring a colleague to this meeting.
The outcome of this meeting will be one of the following:
- the tenure will be renewed for a specified period of up to 5 years
- the tenure will not be renewed and the position will be advertised and the leading teacher or learning specialist may apply for the position, or
- the tenure will not be renewed and the position will be abolished
Where tenure is renewed, the leading teacher or learning specialist will be informed in writing, including the period of renewal.
Where the principal determines not to renew the tenure, the principal will advise the leading teacher or learning specialist of the decision in writing not less than 2 months before the expiry date of the tenure and that action will be taken to appoint the leading teacher or learning specialist as a classroom teacher within the school at the maximum salary level.
At the conclusion of any tenured period the decision relating to the position will be recorded and placed on the teacher’s personnel file with a copy provided to the teacher.
Relinquishment during tenured period
A leading teacher or learning specialist may, at any time prior to the conclusion of their tenure, apply to relinquish their leading teacher or learning specialist position. The application should be in writing and include the reasons for the request and the proposed date of effect of the relinquishment. The principal will consider any such application having regard to the teacher’s reasons for the application and the likely impact on the school’s operations.
If the principal approves the teacher’s application to relinquish, the employee will transfer to a classroom teacher position with effect from the date agreed between the principal and the employee and the tenure renewal procedures above do not apply. The employee’s salary on transfer will be determined as if all of the employee’s service at or above the classroom teacher level had been at the classroom teacher level consistent with the salary on transfer policy.
Unless otherwise agreed by the principal, a request to withdraw a relinquishment will not be accepted after the date of receipt of the notification.
A leading teacher or learning specialist who is dissatisfied with a renewal decision may seek a review of the renewal decision through the Merit Protection Boards in accordance with the appropriate Ministerial Orders. The only grounds for review of a non-renewal decision are that the renewal process was procedurally deficient or that the decision is demonstrably inconsistent with the evidence presented. The Merit Protection Board will either:
- disallow the grievance and confirm the renewal decision, or
- uphold the grievance and direct that the procedural deficiency in the renewal process be corrected, or
- uphold the grievance and direct that the decision be reconsidered
Reviewed 31 August 2020