NPTAJ recommends bigger fine for persons caught teaching without a licence
KINGSTON, Jamaica — The National Parent-Teacher Association of Jamaica, NPTAJ, wants the recommended fine of $500,000 that will be imposed on teachers caught teaching without the requisite licence, increased to $2.5 million.
It made the recommendation in written submissions Wednesday before the Joint Select Committee of Parliament examining the Jamaica Teaching Council Act, 2022.
At the same time, the association said it welcomes the provisions in the Bill that will make it easier for convicted teachers to be removed from the classroom.
Speaking specifically to the recommended fine the NPTAJ asserted that $500,000 would not serve as a deterrent.
It argued that in other jurisdictions, anyone convicted of practicing without a license faces a range of penalties.
“These range from fines, incarceration (and) probation to restitution. If someone is convicted of practicing a profession without a licence, they will likely face a fine. The size of the fine depends on the kind of activity engaged in,” the NPTAJ stated.
“We also believe the fine of $500,000.00 is too low to act as any form of deterrent. This should be raised to at least $2,500,000 for it to make sense,” the Association added.
On the issue of convictions for serious crimes, the NPTAJ said the Bill, as constructed, will help to protect students and parents based on sections 30 (4) (a) which states: “If the person is charged with or convicted before a court of competent jurisdiction in Jamaica or elsewhere of an offence of a kind specified in the condition, the person shall, within fourteen days, give written notice of the charge or conviction, to the council, containing the details specified in the condition”.
Pointing out that teachers are entrusted with educating children to lead successful lives as adults, the NPTAJ argued that “With such an important role, criminal background checks are a necessity for anyone wishing to become an educator”.
The association also pointed to the ‘fit and proper’ guidelines as outlined in Sections 34 and the 4th Schedules, which it noted will offer added protection to the nation’s children. The sections state that: “It shall take into account the results of the criminal record check of the person, including any offence of which the person may have been convicted, the circumstances of the conviction and the lifestyle and conduct of the person subsequent to the conviction”.
“These new sections will remove from the hands of the Ministry of Education and Youth the dismissal of a teacher if convicted of a crime in any court,” the NPTAJ acknowledged.
It pointed to the case of a teacher who was convicted in 2019 of assaulting a student at a primary school in Kingston and lamented that despite numerous letters and meetings with the education ministry, “nothing has been done to remove him”.
The NPTAJ also suggested that Section 50 of the Bill be amended to include persons convicted of criminal offences. It recommended that Section 50 (a)(v) should read thus: “Has been convicted before a court of competent jurisdiction in Jamaica or elsewhere, of an offence”.
The association also took a swipe at certain individuals and organisations who it suggested would attempt to shield criminals.
“The Church and Trust schools want more autonomy to speak on these issues, but we disagree. The punishment of teachers who have committed a criminal offence should be determined by this Act, not by some principal, board or political animal trying to protect their own,” it said.