Catholic Board wants to join challenge over new hiring policy for primary teachers

The Catholic Education Board of Management (CEBM) has applied to join the Presbyterian Board in its legal challenge over recent changes to the recruitment process for denominational primary school teachers.

The application was filed on Tuesday, and it seeks to join the Presbyterian Board as an interested party and wants permission to be heard and fully participate in the hearing.

Justice Westmin James, who has been assigned the board’s judicial review application, has set July 17, for the permission hearing.

In its application, the CEBM said as the representative of the Catholic Archdiocese, it manages 118 primary, one private and six assisted secondary schools, and is guided by the 1960 Concordat which governs the relationship between the Government and denominational school boards.

The application set out what it said was the settled practice for the recruitment of teachers at its schools until the “recent unilateral change of position by the Teaching Service Commission (TSC.)

According to that practice, applications for first appointments to the teaching service are submitted to the respective denominational boards for examination and the boards will send a list of recommended candidates to the permanent secretary of the Ministry of Education to send to the TSC.

The ministry then conducts interviews with the recommended candidates and provides the boards with the result which will then be invited to submit recommendations for placement.

The board will respond by agreement or objection on moral or religious grounds; and letters of appointment are then issued by the TSC to the board to send to the successful candidates who are assigned to vacant positions in their schools.

The application said the CEBM submitted recommendations to the ministry in June, July and August 2022 and again in May and June of 2023.

However, the application said the CEBM was told in November 2022, of the new policy decision taken in September 2021 that it will stop accepting unsolicited applications and would only treat applications in response to vacancies and of its intention to advertise for positions of Teacher 1 (primary).

The CEBM said in January 2023, the vacant positions were advertised. However, it said its recommendations for the filling of vacancies were not approved by the TSC.

It also said despite discussions with the TSC, the ministry and other relevant stakeholders, the commission has “not resiled from its decision” to use the new policy to recruit teachers for government-assisted denominational primary schools, “in breach of the Concordat…”

The CEBM said it and other denominational boards, including the Presbyterian Board, want to follow the terms of the Concordat, the memorandum which sets out the terms of the agreement and the settled practice. However, it said, “There has, in consequence, arisen an impasse between these stakeholders and the TSC.

“This impasse poses a significant hindrance to the CEBM’s management of schools under its purview in respect of its role in the recruitment of teachers for the filling of vacancies in Roman Catholic primary schools.

“The CEBM is directly affected by the TSC’s refusal to abide by the terms of the Concordat of 1960 and the said memorandum and the settled practice."

In support of the application, the CEBM’s chief executive officer Sharon Mangroo, on affidavit, said there are over 42 teaching vacancies in its schools with the number expected to increase to 60 by the end of the year.

She said the new policy will hamper the board’s ability to staff its schools prompt with teachers who share the values, beliefs and ethos of the Catholic Church,

“The TSC’s proposal has the effect of usurping the CEBM’s role, by determining who will meet our needs in our schools, who meets the CEBM’s criteria and therefore ultimately who is best suited as teachers for maintaining the character of our schools.

“Accordingly, the TSC is now compelling denominational boards to choose teachers from a list devised by the TSC.”

Mangroo said while the CEBM has “endeavoured to settle this impasse amicably, our efforts thus far have not borne fruit,” making it necessary for it to seek permission to join the Presbyterian Board’s action.

The Presbyterian Board is challenging the refusal of the TSC to approve its recommendations for filling vacancies for the position of Teacher 1 (Primary) and make the necessary appointments, as well as the commission's decision to advertise vacancies for those positions in schools controlled and managed by the Presbyterian Primary Schools’ Board of Education.

The Presbyterian Board is represented by attorneys Darrell Allahar, Aaron Mahabir and Matthew Allahar.

Representing the CEBM are Ian Benjamin, SC, Kerwyn Garcia, SC, Clay Hackett and Nalini Jagnarine.