Ministry Sub-County Directors Will Oversee Teachers and Schools
The responsibility for managing both county government- and Teachers Service Commission (TSC)-hired teachers will fall under the purview of Ministry of Education representatives in counties and subcounties.
Directors of the ministry’s counties and subcounties will now oversee TSC teachers. Teachers will now engage more with the officials than those from TSC while requesting routine services like transfers and promotions.
The revisions are detailed in the report by the Presidential Working Party on Education Reforms (PWPER), which was directed by Prof. Raphael Munavu and released at State House on August 1, 2023, by President William Ruto.
Some national, county, and sub-county authorities have already started working in their new positions.
One sign of the impact of the extreme reforms is the recent statement made by Education CS Ezekiel Machogu regarding the status of teacher transfers.
Due to a dearth of suitable postings, 26,871 teachers have yet to be moved back to their home counties, according to Machogu. TSC would deal with this problem in regular circumstances.
The Ministry has taken some of the jobs listed below from TSC. A parliamentary act is required for some modifications, while a referendum might be necessary for others.
- An education sector regulator
Currently, the Commission serves as both an employer and a regulator in the field of education.
The Kenya Professional Teaching Standards (KePTS) is a new regulating agency that has been proposed by the Taskforce.
- Quality control
The Taskforce noticed that the Ministry of Education and the TSC were doing the same quality assurance tasks.
This is true even though the Constitution requires the Commission to assess educational standards, prepare those who wish to become teachers, and monitor instructors’ adherence to established teaching standards.
It has been suggested that the TSC regulations be changed to eliminate the overlap and that the Ministry take up the function entirely.
Additionally, all TSC staff members who work in the quality assurance division, such as Curriculum Support Officers (CSO), would be transferred to the Ministry.
- Principals and head teachers must be held accountable
The Commission is currently responsible for holding the school heads accountable, but under the proposed changes, TSC would only be responsible for hiring and deploying staff.
The new structure has been modeled after the public service commission, and the heads will act as the Ministry’s representatives when managing the institutions, making them answerable to it as authorized and accounting officers.
- CBC and additional teacher preparation
The Commission is in charge of retraining instructors for competency-based curriculum (CBC) within the current system.
In reality, the TSC Act mandates that the Commission implement career advancement and professional development initiatives for certified teachers.
It has been suggested, though, that the Ministry take over the responsibility for everything, including paying teachers’ salaries.
- Transfers of Teachers
Ruto’s taskforce recommended that this be done together with the Ministry of Education while the Commission has been making decisions regarding the transfers of instructors.
In other words, before moving teachers, TSC will need to get authorization and consent.
The Ministry will be represented on the committees responsible for assigning and moving principals and head teachers.
To Manage Teachers and Schools, Ministry Sub-County Directors
Cases involving teacher discipline
An Education appeals tribunal will have the authority to handle disciplinary cases and decision-related appeals in place of the TSC, which will no longer be in charge of doing so.
This means that any member who is unhappy with the TSC’s decision may appeal to the Tribunal.
The TSC Act does not yet have an appeals provision.
According to the code of regulations for teachers, the discipline process will be handled at the Commission’s headquarters and at the county level. An ad hoc committee of the Commission called the Teachers Service Review Committee has also been established, and its purpose is to consider and decide on appeals that result from the discipline process as prescribed by regulations.
- Promotions for teachers
The Constitution’s Article 237 (2) (c) and (d) requires TSC to promote instructors. However, the Taskforce pointed out that the Ministry was not involved, thus it was suggested that TSC approach the Ministry before making the adjustments.
Listed below is a list of TSC’s newly transferred authority over education.
- Coverage by health insurance
It has been suggested that the teachers’ health insurance program be reviewed going ahead.
The Ministry and TSC will work together on this.
- Information Management
The right to access information under Article 35 of the Constitution’s states would be restricted to the nature and extent stated under Section 42(5) of the TSC Act.
The removal of Section 42(5) has been proposed.
Additionally, the Data Commissioner will register the Commission as a data controller under the Data Protection Act.
In order to develop its terms of reference for the reform of Kenya’s education system, the team sought input from the general public and other sector players.
- Management of the Commission’s business
Currently, one-half of the commission’s members must be present for a meeting to be quorate.
A quorum is defined as two-thirds of the members in the new report.
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