Request denied!

A senior lecturer at the College of Agriculture, Science and Education (CASE) in Portland has accused the Ministry of Education of acting “illegally” after her request for study leave to pursue a PhD in educational leadership was denied.

She is now consulting with an attorney to take legal action against the ministry.

The educator, Monique Oates, said her application for the break was approved by CASE’s board, which wrote to the Prairie View A&M University in Texas on June 17, confirming that she was expected to begin study leave to complete the degree “later this year”.

However, she said her application, sent to the ministry with the board’s recommendation in August, was rejected on the basis that it was “late” and “the area of study and programme being pursued are not deemed a priority for the ministry at this time”.

The ministry communicated its decision in a letter dated October 30. It was signed by Dr Tamika Benjamin, assistant chief education officer, who indicated that no-pay leave was an option for Oates.

Oates told The Gleaner yesterday that her application was late because she only received her acceptance letter from the university, which collaborates closely with CASE for research, on June 28. She said the application was prepared and submitted on July 1 but needed the signature of CASE’s board chair, who was out of office.

She said the board chair signed the application upon his return on August 20 and the application was submitted to the ministry “immediately”.

She said she was later advised that the application was rejected when presented to the ministry the same day without being examined. The official letter denying the request was subsequently sent.

Oates said she was left confused by the decision.

“I don’t know how you can have a ministry and leadership is not being considered because, if you are prioritising STEM (science, technology, engineering, and mathematics), you are going to need the leadership to implement STEM programmes,” Oates said.

MET ALL CRITERIA

Further, the educator contended that it was “illegal” for the ministry to deny her leave, noting that the she met all criteria. Additionally, she argued that the only basis on which the application should have been denied was if the study leave quota had been reached at CASE.

Section 69 of the 1980 Education Regulations says the application for leave must be submitted to the principal of the institution, who will forward same to the board which will then forward to the education minister indicating whether or not the leave is recommended. The final decision is to be made by the minister.

Section 63 of the regulations, which covers study leave, says a teacher in a public educational institution who has been accepted by a university or other institution, recognised by the minister, to pursue a course of full-time study may, subject to paragraph (2), be granted study leave: (a) if he is a Jamaican or has been domiciled in Jamaica for a period of not less than five years prior to applying for such leave; (b) if the course of study is directly related to his work as a teacher; and (c) if the board of the institution recommends the granting of the study leave.

Paragraph (2) says a teacher is eligible for study leave if he has completed not less than two consecutive years of service as a teacher and holds a permanent post in a public educational institution at the date of the proposed commencement of the leave.

Section (9) of the regulations says the number of persons to whom study and vacation leave may be granted at the same time must not exceed 10 per cent of the total number of academic staff.

23 YEARS WITH CASE

Oates, who has been with the school for 23 years, insisted that the ministry had no legal right to deny her application. She said CASE is a “scheme order” which, she said, gives the college some autonomy. She is currently a part of the Faculty of Education and Management.

“It’s illegal. I have appealed the decision and, as per usual, no response. The ministry is tardy,” she said, adding that the letter from CASE to the overseas university confirming her status was done in good faith because there are usually no issues surrounding study leave.

“I have asked my lawyer to deal with it but I think it is something that must be highlighted publicly, because there are other teachers in the system who are experiencing injustice with the leadership in the ministry,” she said.

Oates is being represented by Blacklaw & Associates in the matter.

The senior lecturer, who is currently overseas, said CASE wrote to her yesterday, informing that her study leave had not been approved.

The school told her, in the letter seen by The Gleaner, that she will be temporarily removed from the college’s payroll, effective November 2024.

“You are welcome to consider applying for no-pay leave as an alternative,” the CASE letter said.

DECISION ‘RIDICULOUS’

Oates called the decision “ridiculous”, noting that it contradicts recommendations coming out of the Reform of Education in Jamaica Report, 2021, produced by the Orlando Patterson-chaired Jamaica Education Transformation Commission.

“The Patterson report called for proper leadership in educational institutions. The report before that said the same thing, and it is out of that first report that NCEL (National College for Educational Leadership) was born. Because you find that persons were being promoted to principal based on years of service and not on their leadership capabilities. So you were having issues in the schools,” she said.

Questions sent by The Gleaner to the education ministry on Friday were not answered up to press time. The ministry said responses would be provided as soon as possible.

kimone.francis@gleanerjm.com