Why TSC’s ‘School of Education’ Establishment plans May Fail Miserably: Analysts
The teacher’s service commission, TSC, is planning to establish a school that will train all registered teachers on matters classroom management, effective teaching approaches and professionalism.
As per the education stake holders meeting that was hosted by TSC at KICD ON 13TH November 2020, the plans to establish an institute of teacher support and professional management are almost complete.
In a way, every time teachers will have filled TPAD documents, gaps would be identified which only the TSC institute of teacher support and professional management will address. There is very high likelihood that Teachers will be enrolled in the school, based on the gaps identified in their TPADs. This is akin to TPD and career progression guidelines, which the teachers service commission has been advocating for, and which are part of the 2016 collective bargaining agreement, CBA.
Teachers union KNUT is however opposed to CPG, and is strongly advocating for the schemes of service (SOS).
The TSC plan of establishing the post training institution may however fail. This is owing to a ruling by Justice Byram Ong’aya in petition case no. 151 of 2018. In this appeal case, TSC had petitioned KNUT in court, with the ministry of labour as an interested party and KNUT as the respondent. (CLICK HERE TO SEE THE RULING.)
Revoked CPG Circular
What the teachers’ service commission, TSC wanted was for the revoked circular of 2nd may 2018, which was about career progression guidelines, to be recalled and made legal. The court however declined to grant the teachers service commission an appeal to that case.
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This simply implied that the earlier ruling by Justice Ong’aya still stands. Part of the ruling reads:
iii. There shall be stay of implementation of Career Progression Guidelines being circular No. 7 of 2018 being Ref. No. TSC/ADM/192A/VOL.IX/37 of 02.05.2018 and pending agreement in that regard and enactment.
- Promotional decisions to be made as per the collective agreement and the prevailing regulations or such other regulations that may be promulgated as per section 35 (2) of the Teachers Service Commission Act, 2012 on career progression and professional development programmes as may be prescribed by regulations.
- As teacher professional development programme has not yet been implemented, parties to engage as per the clause 12 of the collective agreement towards appropriate Teachers Professional Development (TPD) Modules and policy.
Funding For the Courses
As per whether teachers will pay for the courses or not, the ruling is still very clear about funding of TPD programmes.
“Accordingly, the Court returns once again that a statutory provision expressly permitting the petitioner to deduct out of teachers’ salaries towards partially or fully funding of TPD programmes as may be necessary or appropriate would be mandatory in that regard. Under section 25 of the Act, it amounts to a criminal offence to deduct salaries except as provided in Part IV of the Act” reads part of the rulling.
Teacher Promotions
Promotions will be determined by the schemes of service, following provisions of the cord of regulations for teachers, CORT.
” The petitioner will undertake teacher promotions in accordance with the relevant provisions of the CORT and the schemes of service with respect to all unionisable teachers eligible to join the respondent trade union; and parties may within the CBA and recognition agreement consider reviewing the prevailing schemes of service with a view of bringing them into alignment with the prevailing CBA pay structure and related matters as will be necessary and without derogating from the provisions of the CORT on teacher promotion – as the policy circular of 02.05.2018 on Career Progression Guidelines and purporting to abolish and replace the prevailing three schemes of service will not apply accordingly.”
According to the ruling, career progression guidelines are illegal and therefore cannot replace the schemes of service, unless the two parties meet and come to an agreement.
TPD shall Not Be Implemented
“The Teacher Professional Development (TPD) modules in dispute shall not be implemented as they fall short of professional development programmes as may be prescribed by the petitioner by regulation and pursuant to section 35 (2) (a) of the Teachers Service Commission Act, 2012; and in prescribing the career progression and professional development programmes by way of regulation under section 35(2) (a) of the Act, the petitioner shall comply with the provisions of the Statutory Instruments Act, 2013.”
Following the 2018 ruling by justice Ong’aya therefore, analysts argue that TPD,CPG and TPAD are all illegal.
Click here to download the ruling.
