Seán Canney (Galway East, Independent)
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606. To ask the Minister for Education and Skills the rationale behind her Department’s decision not to allow teachers on a career break to substitute teach for the full school year; if her attention has been drawn to the fact that many teachers who decided to move their location across the country while on a career break had planned on being able to teach as they got established in their new location; and if she will make a statement on the matter. [33942/22]

Norma Foley (Kerry, Fianna Fail)
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The terms and conditions of the Career Break Scheme for teachers are contained in my Department’s (Chapter 7). A Career Break is a period of unpaid special leave for not less than 1 school year. It may be extended on an annual basis provided the total period of the Career Break does not exceed 5 years at any one time, subject to an overall maximum of 10 years absence during a teacher’s career.

Under the Career Break Scheme, a teacher may not be employed in an approved teaching or special needs assistant post funded by monies provided by the Oireachtas. However, in exceptional circumstances, an employer may appoint a qualified teacher on Career Break for substitute teaching purposes subject to a maximum of (a) 90 days in a school year at primary level and (b) 300 hours in a school year at post primary level.

The aforementioned substitute teaching restrictions were suspended in the 2021/22 school year and previous school years in response to issues raised in relation to teacher supply. Information Note TC 0015/2021 titled ’Temporary changes to the Career Break Scheme for Registered Teachers employed in Recognised Primary and Post Primary Schools-2021/22  School Year’ published in June 2021, informed employers and teachers of the temporary change to the Career Break Scheme for the 2021/22 school year.  As stated in the Information Note, this is a temporary change and will cease at the end of the 2021/2022 school year.

My Department’s Circular Letter 0038/2022 titled ‘Coronavirus (COVID-19): Updated Working Arrangements for Teachers and Special Needs Assistants employed in recognised Primary and Post Primary schools’ paragraph 6.1.1 (b) states the normal terms and conditions of the Career Break Scheme will apply for the 2022/23 school year as follows:

(b) Career Break Scheme for teachers

The temporary arrangement to the Career Break Scheme under Information Note TC 0015/2021, permitting a teacher on Career Break to carry out unlimited substitute work, will cease at the end of the 2021/22 school year. Therefore, the normal terms and conditions of the Career Break Scheme (paragraph 8) under Circular 54/2019 will apply for the 2022/23 school year where limited substitute work is permitted.

The Department of Public Expenditure and Reform determines the terms and conditions of the Career Break Scheme for public servants, which includes teachers.

Under Section 24 of the Education Act 1998, the Minister for Education, with the concurrence of the Minister for Public Expenditure and Reform, is authorised to determine the terms and conditions of employment for teachers employed in approved teaching posts funded by monies provided by the Oireachtas. The Teachers Conciliation Council (TCC) forms part of the Scheme of Conciliation and Arbitration for Teachers, the purpose of which is to provide a forum for claims and proposals relating to the salary, and other terms & conditions of service for teachers. The Council is comprised of representatives from the Teacher Unions, the School Management Bodies, the Department of Public Expenditure and Reform, and the Department of Education. The TCC is independently chaired by an official of the Workplace Relations Commission. The terms and conditions of teachers employed in State funded teaching posts are formulated at TCC and are of general application to all teachers appointed to such posts. The Career Break Scheme exists by virtue of a collective agreement, concluded under the auspices of the TCC.

My Department will keep the position under review in the 2022/23 school year, having regard to the recruitment of substitute teachers.