Teachers cheer. The teachers’ employer (TSC) will now be under the education ministry for it to perform most of its tasks. Some of these changes however gave the commission more powers.
Henceforth, the teachers service commission will be a department under the ministry of education.
These changes are contained in a report that was submitted to President Ruto by the Presidential Working Party on Education Reforms. The report was unveiled by the president on August 1st 2023 at state house.
The head of state ordered that the recommendations be implemented immediately.
The commission is therefore going to loose major powers to the ministry of education. This is because many recommendations favored MoE.
However, an act of parliament will be needed for some changes to take effect. A referendum may also be required for implementation of other changes.
1. Regulation of the education sector
Currently, TSC is both the employer and the regulator in the education sector. The reforms team has however recommended that a new regulatory body be established. The new body will be called Kenya Professional Teaching Standards (KePTS).
2. Quality assurance
A duplicate of the quality assurance function was observed between the ministry and the commission. This is despite the mandate by the constitution allowing the commission to review education standards and train individuals entering the teaching service and also ensuring that instructors comply with the set teaching standards.
The team has therefore recommended that TSC regulations be amended and that the role be left to the ministry. In addition, all TSC employees who fall under the department of quality assurance like Curriculum Support Officers (CSO) will be moved to MoE.
3. Accountability of school heads
Currently, schools heads are answerable to TSC. In the new changes, TSC will only be employing and deploying.
The PSC framework has been borrowed in the changes and now school heads will be the ministry’s agents in institutional management. They will therefore be accountable to MoE as accounting and authorized officers.
4. CBC and other teacher training
TSC is currently responsible for retraining educators for the new curriculum.
In fact, the TSC Act states that it undertakes career progression and professional development programs for registered instructions.
It has however been proposed that the ministry take over the role. It will also be responsible for teacher allowances.
5. Teacher transfers
The taskforce suggested that this role be done jointly with the ministry of education. TSC will therefore have to seek MoE’s in order to transfer teachers.
6. Teachers disciplinary cases
The commission will no longer handle disciplinary matters and appeals on decision. Instead, the mandate will be taken by an Education appeal tribunal.
This therefore means that any individual who will be aggrieved by the commission’s decision shall appeal to the tribunal.
Currently, the TSC Act does not make provisions for an appeal.
7. Teacher promotion
The commission is constitutionally mandated to promote educators. However, PWPER noted that the commission does not involve MoE. They therefore recommended that TSC consult MoE before making any changes.
Tsc to consult MoE before transferring teachers
8. Health insurance cover
A proposal demanded that teachers’ insurance schemes be reviewed going forward. This will be done between TSC and MoE.
9. Management of information
It has been proposed deletion of section 42(5) of the TSC Act which provides that the right of access to information under Article 35 of the Kenyan constitution will be limited to nature and extent specified under that section.
In addition, TSC will be registered as a data controller by the data commissioner subject to the Data Protection Act.
10. Conduct of affairs of the commission
The new changes demand that the quorum be two thirds of the members which is different from the current one half.
Teachers cheer as Ruto dismantles TSC, makes it department under MoE.
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Teachers cheer as Ruto dismantles TSC, makes it department under MoE.