The Ministry Appoints Sub-County Directors to Manage Teachers and Schools.
The responsibility for managing both county government and TSC-hired teachers will fall under the purview of MoE representatives in counties/subcounties.
Directors of the ministry’s counties and sub-counties 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 extensively detailed in the report by the Presidential Working Party on Education Reforms (PWPER). It was directed by Prof. Raphael Munavu and later 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.
Among the impact of the extreme reforms signs is the recent statement made by Education CS regarding teacher transfer status.
Due to a dearth of suitable postings, 26,871 teachers have yet to be moved back to their home counties. This is according to Education CS Machogu. It was further stated that TSC would deal with this problem in regular circumstances.
The Ministry has similarly 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.
1. 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.
2. 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
- Monitor instructors’ adherence to established teaching standards.
It has however 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 who work in the quality assurance division, such as CSO would be transferred to the Ministry.
3. Principals and head teachers must be held accountable
The Commission is currently responsible for holding the school heads accountable. Although 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.
4. 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.
The Ministry Appoints Sub-County Directors to Manage Teachers and Schools.
5. Transfers of Teachers
Ruto’s taskforce recommended that this be done together with the MoE while the Commission has been making decisions on transfers.
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.
6. 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 teachers code of regulations, 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.
7. 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. It was thus suggested that TSC approach the Ministry before making the adjustments.
8. Coverage by health insurance
Moving forward, it has been suggested that a review of the teachers’ health insurance be done.
The Ministry and TSC will work together on this.
9. 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.
10. 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.
The Ministry Appoints Sub-County Directors to Manage Teachers and Schools.