Child's rights activist: Transfer system could lead to lawsuits

Attorney, child's rights activist and Newsday columnist Denelle Singh. - File photo

The State could face legal liability if it does not fix the heavily bureaucratic transfer system, which continues to deprive some children of their legal right to an education.

This is the view of attorney and children’s rights activist Denelle Singh who is urging parents and guardians to explore all of their legal options when dealing with this issue.

Her comment follows a case highlighted by Newsday where an Arima teenager has been out of school for two years due to delays in her transfer. Singh said the Education Act requires children aged 5-16 to attend school full time.

Under section 77, any parent who fails to ensure their child attends school regularly and receives an education suitable to their age, ability and aptitude can be prosecuted and fined.

Singh told Newsday that affected parents and children must show they faced hardship for their case to be successful.

“If a parent can demonstrate every attempt was made on their part to enrol their child into school or seek a transfer, and there is a delay, you would typically need to show that the child suffered a particular harm such as educational disadvantage, loss of opportunity that followed from the delay or failure,” she said.

“However, the Ministry of Education has a legal duty to provide sufficient public school places and ensure children within this age range are enrolled into school.”

In her Newsday column on November 9, Singh lamented that even children currently in the State’s care are not exempt from the slow transfer process. She said this poses an additional hardship for those vulnerable children in their time of need.

Singh noted the failures of education in TT go beyond the transfer system as children with special needs and even migrant children have been ignored, despite public outcries.

Singh questioned whether education in TT is really free since all children do not receive the same access and quality of education.

She said while TT has legislation in place that attempts to advance children’s rights there appears to be some ignorance in implementing what the laws demand.

“Parents face significant challenges in enrolling a child who requires some sort of specialised learning in a school – through the lack of a school, or lack of a school with trained, skilled teachers,” Singh wrote.

“There are some specialised teachers for children with special needs in public schools, but the training for mainstream teachers in inclusive education remains insufficient, with teachers not fully understanding how to teach a child with special needs. There is no free public school for children with special needs. Many parents must seek private education for these children.

“In the sad alternative, many parents cannot afford to send their child to such a school and are subjected to even more hardship, as they have to quit their jobs to teach their child themselves.”

She said it was important for the government to ensure these children are given a fair chance so they do not become a burden on society in the future.

In an interview with Newsday on November 10, Walter Stewart, president of the National Council of Parent Teacher Associations (NPTA), urged parents to keep their children in school while the transfer is being processed.

Stewart said he empathises with parents frustrated with the system but he noted taking the child out of school is not the way to go.

“We therefore want to urge the parent in the first instance to ensure that the child goes back to the original school until such time that the transfer has been approved by the ministry,” Stewart said.

“There are chains of command. If you are frustrated, take your concerns to these chains of command and follow through the process until its finality.”

Stewart said parents should first lodge their transfer requests with the school supervisor in their district. If there is no resolution, he said the matter can be escalated to the director of school supervision, then to the chief education officer, and finally to the permanent secretary at the Ministry of Education.