1. A good day to the Administrato rs of the South Eastern Education District!

2. LEGAL ASPECTS OF OUR EDUCATION SYSTEM A GUIDE TO PRINCIPALS Presented by Mr. Vickram Ramlal Retired S.S. II

3. Under section 133 and numbers 1-3 of the Public Service Commission Regulations, as adopted by the Teaching Service Commission, persons are appointed to the post of Principals in Assisted or Board Schools.

4. Officers appointed to act in the post of Principal by the Teaching Service Commission, enjoy the same Legal Authority as those promoted to the post.

5. The Teaching Service Commission gets its authority from Section 125 of the Constitution of the Republic of Trinidad and Tobago.

6. However, before a Principal exercises his/her Legal Authority, the question often arises, “Does the person have the moral authority?”

7. MORAL AUTHORITY

8. Moral Authority is reflected in Strength of Character. Often in the form of obligations and duties derived from widely shared values, ideas and ideals.

9. In our case, as administrators, we are guided by our various religious beliefs and their stand on many issues of morals and ethics.

10. Identifiable Traits- Integrity, Accountability, Transparency, Competence, Professional Conduct, Role Model, Inter- personal Skills, Conflict Resolution.

11. LEGAL FRAMEWORK

12. LEGAL FRAMEWORK The Constitution of the Republic of Trinidad and Tobago. The Teaching Service Commission Regulations.

13. LEGAL FRAMEWORK The Public Service Commission Regulations. The Education Act 1966. The Civil Service Regulations (Amended 1996).

14. The Education (Teaching Service) Amended Regulations 2000. LEGAL FRAMEWORK Maternity Protection Act.

15. LEGAL FRAMEWORK Children’s Act and an Act To Amend the Children’s Act # 68 of 2000. Sexual Offences Act (1986) and an Act to Amend the Sexual Offences Act # 31 of 2000.

16. Summary Offences Act. LEGAL FRAMEWORK Freedom of Information Act. Occupation Safety and Health Act. Equal Opportunity Act.

17. DISCIPLINARY PROCEDURE

18. Handout # 1: Teaching Service Commission - Policy Guidelines for Handling Discipline in Schools. DISCIPLINARY PROCEDURE

19. Handout #2: Service Commission Departmental - Discipline in the Teaching Service.

20. DISCIPLINARY PROCEDURE Ministry Circular - Handling Misconduct in the Workplace/ Progressive Discipline.

21. DISCIPLINARY PROCEDURE Circular Memorandum # 76 dated September 2nd, 2008. - Procedure for all School Personnel re: Matters of Child Sexual Abuse.

22. DISCIPLINARY PROCEDURE Public Service Commission Regulations 84 to 132 as adopted by the Teaching Service Commission.

23. TEACHER ABSENTEEISM AND UNPUNCTUALITY

24. Teacher Absenteeism and Unpunctuality Impacts negatively on curriculum delivery. Can be a contributory factor to growing student indiscipline.

25. Teacher Absenteeism and Unpunctuality Absenteeism defined - Failure to report for duty when scheduled to work. Excludes approved leave e.g. Maternity, No-Pay, Special Leave etc.

26. TYPES OF ABSENCES AND LATENESS

27. Types of Absences and Lateness Scheduled ~ Prior approval granted or advance notice given. Unscheduled ~ No prior approval or advance notice given.

28. Types of Absences and Lateness Excused ~ unscheduled but valid reasons. Subsequent approval given. Unexcused ~ unscheduled reasons/ explanations unacceptable.

29. Types of Absences and Lateness Unauthorized ~ unscheduled not accounted for. Unscheduled and unauthorized absences from duty and unexcused lateness must be addressed.

30. STRATEGIES TO ADDRESS ABSENTEEISM AND UNPUNCTUALITY

31. Strategies to Address Absenteeism and Unpunctuality Principals must not allow tardiness in officers accounting for absence.

32. Principals must monitor attendance and punctuality and must submit accurate monthly returns.

33. Principals must submit reports to the Permanent Secretary of Education when absenteeism and unpunctuality becomes chronic, and must make recommendations as per the Regulations.

34. Principals must follow up and request decisive action from the relevant authority.

35. Principals must reflect officers standards of unpunctuality and absenteeism in Staff Reports and Special Reports.

36. SUSPENSION OF STUDENTS

37. Suspension of Students Education Act Section 44 (1 to 3) and 46. Circular Memorandum # 23 dated 14th March 2008 ~ Student Discipline in and Out of School–Assembly Message.

38. Suspension of Students Note Only the Principal can suspend. Only the Minister of Education can approve extended suspension or expulsion.

39. Suspension of Students Note When requesting extended suspension, a full investigation as far as possible must be done.

40. A student can only be suspended in writing using the formal form prescribed by the Ministry of Education. Suspension of Students Note

41. Suspension of Students Note While a student is on extended suspension Case Conferencing must be held under the guidance of the Schools’ Supervisor III and involving all stake holders.

42. CORPORAL PUNISHMENT, VERBAL ABUSE, PSYCHOLOGICAL ABUSE OF STUDENTS

43. Corporal Punishment/ Verbal Abuse/ Psychological Abuse of Students Be guided by :- Provisions of the Children’s Act and the Children’s Amendment Act #68 of 2000. “Reasonable punishment” referred to in subsection (1) in relation to a teacher does not include corporal punishment.

44. Corporal Punishment/ Verbal Abuse/ Psychological Abuse of Students Be guided by :- Summary Offences Act. United Nations Declarations on the Rights of the Child.”

45. Corporal Punishment/ Verbal Abuse/ Psychological Abuse of Students Be guided by :- Policy statements from the Ministry of Education and its various proposals for discipline in schools and the classroom.

46. ISSUES OF PROMOTION

47. Issues of Promotion The procedure to fill a vacancy in an Assisted / Board School for the post of Principal or Vice Principal is subject to the Public Service Commission Regulations Chapter 1:01 that were adopted by the Teaching Service Commission w.e.f. 20th September 1968.

48. Special attention should be paid to Regulations 18 and 133 (1 – 3). Please note also that Chapter 15 of the Education Act outlines the role of Boards of Management of Assisted Schools.

49. Recommended Reading ~ The Court of Appeal Judgement delivered 17th December 1998 in the case of Appellants The Teaching Service Commission and the Respondent Lynette Maharaj.

50. Thank You