Tough sanctions for breaching teaching law

The joint select committee which reviewed the Jamaica Teaching Council bill has submitted a 48-page report to Parliament containing far-reaching recommendations that are intended to establish an improved accountability framework within the education sector while enhancing the status of the teaching profession.

Tough sanctions have been recommended for persons who pretend to be a registered teacher, licensed teacher or instructor. For the offence of pretending to be a registered teacher, licensed teacher or instructor, the committee wants the imposition of a fine not exceeding $1 million.

It was suggested that the legislation should distinguish between persons who practise teaching without having a licence or authorisation to teach and those who do so fraudulently by pretending to have a licence or authorisation to teach.

The committee also recommended that, for the offence involving fraud and misrepresentation, a fine not exceeding $1.5 million should be imposed and the custodial sentence increased from six to 12 months.

On the question of homeschooling and whether this would be impacted by the proposed new law, the committee said a parent would not need a licence or authorisation to teach her child at home.

Members of the Fayval Williams-chaired committee also acknowledged stakeholder concerns that, based on the definitions of ‘teacher’ and ‘teach’, persons who tutor without the requisite qualifications of an educator could find themselves in trouble with the law.

The committee indicated that tutors would fall under the category of persons regulated by the Jamaica Teaching Council (JTC), a statutory body charged with the responsibility to regulate the teaching profession.

Additionally, the committee noted that persons who did not meet the qualification necessary to continue to tutor when the bill is enacted, would be given an opportunity to become qualified and therefore would not automatically be at risk of sanction.

RAFT OF DISQUALIFYING OFFENCES

Clause 50 of the proposed law addresses the making of a complaint against a registered teacher, licensed teacher or instructor. The committee recommended that a sub-clause be included to allow for an individual to make a complaint against a registered teacher, licensed teacher or instructor who has been charged with or convicted of an offence in Jamaica or any other jurisdiction.

The bill also sets out a raft of disqualifying offences that would bar teachers from obtaining a licence to teach in Jamaica. For example, a teacher would be disqualified from teaching if he or she commits an offence under sections nine and 10 of the Child Care and Protection Act. Those sections of the legislation deal with offences involving a child in the production of child pornography.

Breaches of several other pieces of legislation could keep teachers out of the classrooms permanently. Some of the offences listed in the Jamaica Teaching Council bill fall under the Criminal Justice (Suppression of Criminal Organizations) Act, the Dangerous Drugs Act, the Cybercrimes Act, the Larceny Act, the Law Reform (Fraudulent Transactions) (Special Provisions) Act (lotto scam), among others.

The Jamaica Teaching Council bill is intended to repeal the functions of the Teachers Service Commission (TSC) relating to the registration, discipline and assessment of the qualifications of teachers, along with certain other provisions of the Education Act.

The bill will also repeal certain provisions of the Education Regulations of 1980.

Lawmakers are expected to debate the bill at a later date, with a view to approving the proposed law.

editorial@gleanerjm.com