109 - Providing Private Instruction (Learning Pods)
The COVID 19 pandemic has created a number of challenges as plans are developed to reopen
schools for the 2020 21 school year. As a result of these challenges, some families are
contemplating alternative education programs for their children including what is known as a
“learning pod.” This bulletin offers some considerations for members who may be approached by
parents, guardians, or other organizations to lead a learning pod and/or to provide private instruction
to students during the COVID 19 pandemic.
Generally, learning pods are made up of an educator and a group of students. The educator
provides instruction to students independent of the students’ school. This instruction follows a
delivery model that may be face to face (at a private residence or site), online (featuring
synchronous and/or asynchronous instruction) or a combination of both. Instruction could be
provided during the typical hours of an instructional day, outside of those hours or a combination of
both.
Members should be extremely cautious about agreeing to provide instruction under such
arrangements as there are numerous risks. Members are reminded of their professional obligations
to maintain confidentiality as it relates to student information. As employees of school boards,
members should be familiar with policies and procedures concerning privacy and the accessing and
sharing of student information. Be careful about assisting parents to identify who might join such a
pod. Members must also be cautious about s haring student information without having the
appropriate consent.
Members should also exercise caution about communicating any criticisms related to their school
board’s reopening plans, whether done through direct contact with parents, guardians, or out side
organizations or through the use of social media platforms. School boards that become aware of
comments made by their employees that are deemed to be unprofessional or inconsistent with board
expectations of an employee may impose discipline and report to the Ontario College of Teachers
(OCT) or the College of Early Childhood Educators (CECE). Parents or guardians who express
concerns about the school board’s reopening plan and how this plan evolves should be directed to
the school administrator.
There are many risks members should assess prior to accepting this type of employment. Be aware that members who are providing instruction through learning pods or tutoring do so at their own risk and may not be eligible for ETFO support should problems arise as a result of providing private instruction.
Teaching in a learning pod is not covered by a formal employment agreement such as a collective agreement. Members who accept an informal relationship may not also have the protections provided by other forms of employment legislation. This leaves the member vulnerable.
Teaching in a learning pod, whether synchronous or not, and whether during normal
instructional time or not, is still governed by the OCT. All of your professional obligations
continue to apply and the OCT will investigate any complaints made in connection with this
work. ETFO would not provide legal assistance to members investigated by the OCT for
investigations that arise from their work instructing a learning pod.
Additionally, ETFO would not provide legal assistance for allegations involving the Children’s
Aid Society CAS or the police while teaching in a learning pod.
Members should make themselves aware of any relevant board policy, including policies on
tutoring and/or providing private instruction. Some boards may also develop policies
specifically addressing learning pods.
Members should be aware of any board policies or guidelines concerning conflict of interest.
Teachers are bound by the Professional Misconduct Regulation 437/97 under the Ontario
College of Teachers Act. Section 26 states that a teacher is guilty of professional misconduct
when practicing the profession while in a conflict of interest. As public servants, members are
held to higher standards than other employees in conflict of interest situations. Operating or
teaching within a learning pod that involves students assigned to you by your board is likely to
raise conflict of interest issues.
It would be inappropriate for members to advertise private instruction through connections at
the school, through school or board publications or the board’s computer network. Using any
board property, such as classroom or library materials or as a means of media transmission, in
the course of providing private instruction will be considered a conflict of interest. Directly or
indirectly promoting or selling any book or other teaching materials, equipment, or other items
to any pupil of your board (even if you are on leave) for compensation is a breach of the
Education Act There are only limited exceptions to this.
Members cannot be employed in any other capacity during times when they would otherwise
be expected to be at work, regardless of whether their board assignment is at a school or
offsite. Working a second job during your hours of work for the board would likely lead to
termination of y our board employment and a College complaint.
Members on a board approved medical leave should not accept other employment as a
teacher or as a designated early childhood educator while on leave. A member who is found to
be engaged in paid work while on sick leave could jeopardize their ongoing access to sick
leave and risk being accused of fraudulent use of sick leave. Engaging in teaching duties even
on a volunteer basis during a sick leave can risk ongoing access to sick leave and allegations
of fraud. Fraudulent sick leave claims often result in termination of employment and a report to
the College.
Members who access a leave of absence ( from their school board to pursue other
employment opportunities should be aware of their local collective agreement language that
addresses such leaves, including any restrictions on cancelling a LOA. Employment in a
learning pod is not governed by the just cause protection of a collective agreement so you will
need to assess the limits of job security and the limits of recourse should the learning pod be
cancelled or should the parents opt to cease involving you. Members should also consider the
impact of a LOA on benefits coverage and pension entitlements. Also, while you are on a LOA
you are still an employee of the board and, as such, continue to have a range of employment
and professional obligations.
Whether private learning pods are safe or not would depend on a range of factors. Unless your
employer in a private learning pod is governed by the Occupational Health Safety Act you
may have limited recourse if the working circumstances end up putting you at risk.
Members who become ill or injured through the course of delivering private instruction may not
be eligible for Workplace Safety and Insurance Board benefits if the employer is not covered by
workers compensation legislation. In addition, access to Long Term Disability ( benefits
may be impacted: for example, if you become ill during a leave of absence, benefits are
generally not payable for the planned duration of that absence. If your LTD coverage was
interrupted for a leave of absence, disability arising during that leave may prevent future claims
and coverage entirely.
Finally, there are other issues that members would be wise to contemplate prior to undertaking
any private instruction, including but not limited to: obligations related to student supervision,
insurance and liability considerations, obligations under the Education Act for operating a
private school, Ministry inspection and oversight, your statutory duties to report to the CAS job
security and any right or not to employment insurance benefits should the private employment
come to an end.
Both the OCT and the CECE have a number of publications that should be re viewed by
members. Some of these include:
It is possible that educators who have recently graduated may be considering this type of
employment in lieu of securing a position with a school board. An educator who is a member of
the OCT or CECE should still be aware of the relevant advisories issued by both Colleges.
Members who have recently retired are advised to consult with the Ontario Teachers’ Pension
Plan concerning any pension implications should they accept this type of employment.
Be aware that concerns have also been expressed about inequities that are likely to be
exacerbated by the withdrawal of students from schools to participate in private instruction.
Further, defending publicly funded education and advocating for social justice are priorities
identified and approved by the membership of ETFO.
Members considering employment to deliver private instruction should be mindful of the
cautions and considerations outlined above.
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