A labour arbitrator has ruled Nova Scotia's Department of Education had no right to unilaterally rescind pre-approvals given to teachers who were planning to complete controversial DVD-based courses offered by Drake University in Iowa.

The department's 2015 decision forced nearly 500 teachers to find other courses to complete the requirements necessary for reclassification and salary bumps worth between $6,000 to $8,000 a year.

The Drake courses had come under public scrutiny in 2014 following a CBC News investigation that questioned their value, while officials within the Education Department had become concerned about their "rigour."

The Nova Scotia Teachers Union stood by the courses at the time, and lodged a complaint related to the education minister's decision. The labour minister appointed arbitrator Eric Slone to hear the case over five days in April.

"I'm pleased with the decision. This is a decision we have been waiting for, for a long time," said union president Liette Doucet. "Moving forward, we have to see what this means for our teachers."

Province criticized

The department's decision to no longer recognize the Drake courses toward an upgrade in classification was "a classic case" of going back on your word, Slone said.

Teachers would seek pre-approval from the department for courses they were contemplating taking, but could then wait until it was convenient for them to actually register and complete the courses.

In 2014, then-education minister Karen Casey had told teachers — both through media interviews and in a letter sent to 500 of them — that those pre-approved for Drake courses would have them recognized.

Directive changed

She changed that directive unilaterally on March 3, 2015. From then on, the province would only honour teachers already taking the Drake courses or who had already registered.

"[Casey] basically attacked the rights of teachers and didn't speak well of teachers in the press and this will likely cost the province in the long run," Doucet said Wednesday.

"We don't know what the remedy will be for these teachers, but it's possible it could cost money and I'm sure there has been some expense at this point as well."

Slone dismissed the case put forward by the province during the arbitration hearing that the 2014 assurances by Casey were "political statements" that "cannot be enforced."

Karen Casey was education minister until a cabinet shuffle earlier this month. (Andrew Vaughan/The Canadian Press)

According to evidence presented during the arbitration, the Drake University courses first came to the attention of the Education Department in 2008 when there was a sudden spike in the number of teachers applying for permission to use the courses towards upgrading their certification levels.

Teachers can upgrade their advanced teachers' certificate by up to three times and get a corresponding salary increase.

Within the department there were questions being raised about the quality of the physical education, coaching and classroom management course being offered by Drake University. Those concerns were amplified by a CBC News investigation and a series of stories in early 2014 questioning the value of the Drake courses.

"Over the next few months, it became the public position of the minister and the department that the Drake courses were not suitable for use in integrated programs for an increase in teacher certification classification," the arbitrator notes.

Specifically, the department was worried the video-correspondence-style courses did not allow for contact between students and Drake faculty, that the course material was purchased off the shelf from a private company and not developed by the university itself, and that academic rigour of DVD-based courses was questionable, at best.

Department questioned 'rigour' of courses

Monica William, an educational consultant and currently the executive director of the Centre for Learning Excellence at the Department of Education, was the province's key witness.

She testified that many of the Drake courses taken by Nova Scotia teachers were not recognized by the university for its own graduate programs. She also "had serious questions about the rigour of the courses. She did not see them as being legitimate substitutes for graduate level training," according to Slone's decision.

Slone made no finding about the validity of those assertions.

"It is not for me to decide whether or not Drake courses are 'rigorous' enough to qualify for teacher certification upgrades," he writes.

Teachers saw benefits

He did, however draw this conclusion from the six teachers who testified before him on behalf of the union and in support of the Drake courses.

"The main thing I draw from this testimony is that the teachers involved all appeared to put significant effort into their course work, and were rewarded with a good learning experience."​

The arbitrator did not deal with the question of redress or compensation. The province and the union are being instructed to work out a remedy.

"Should the parties be unable to agree on remedy, further hearings may be convened to present evidence and argument which will allow that issue to be fully explored," concludes the 58-page ruling.

Arbitrator's decision 'is what it is'

Zach Churchill, Nova Scotia's current education minister, said the arbitrator's decision "is what it is."

Newly minted Education Minister Zach Churchill said the next step is to work with the teachers union to implement the arbitrator's decision in the Drake University case. (CBC)

Churchill said he believes Casey and the Education Department "made a decision based on their principles that any higher learning or professional development opportunities would be of the highest standards."

"I think there is broad-based consensus that those courses that were being offered by Drake weren't."

The next step, Churchill said, is to work with the teachers union to implement the arbitrator's decision. That will be "a bit complex" because there's a moratorium on the Drake courses, he said.

"How do we allow these folks to finish these courses when Drake currently isn't offering these courses to Canadians? It's a complicated matter that we'll have to work directly with the union on."