Supreme Court Overturns School Principal Transfers

August 1, 2012

The Supreme Court today [Aug 1] overturned a decision by the Ministry of Education to transfer principals from TN Tatem Middle School and Victor Scott Primary School.

In March of this year Education Minister Dame Jennifer Smith said four school principals will be transferred for the upcoming 2012/13 school year.

The planned transfers included moving Francine McMahon from TN Tatem Middle School to Purvis Primary School, and moving Valerie Williams from the Victor Scott Primary School to East End Primary School. Parents from both schools banded together to protest the changes.

A statement released by the group after the Court’s decision said: “Today the Supreme Court released its judgment in our recent application for judicial review.

“Evaluating that decision, we realize that this is one of those rare and exceptional occasions when everyone involved, and affected, scores a victory.

“The judicial system has triumphed by fulfilling its mandate to provide a forum for disputes to be addressed; and then to wisely apply the law, guiding the parties onto a path that provides a fruitful outcome for the benefit of society.”

TNT and Victor Scott students marching on Cabinet earlier this year to protest the changes:

“The Ministry of Education has demonstrated its unwavering commitment to bring about much needed changes to education at a crucial time. Its determination in this regard has now provided opportunity for everyone to work together to ensure that those changes are for improved outcomes,” the statement continued.

“Educators stand to gain by having the stage set to forge the kinds of relationships with parents, school community and the educational establishment that provides the best opportunity for positive results in furtherance of their mandate to “educate”.

“Parents now have a platform on which to stand to exercise our responsibility to ensure that the education system serves our children as its top priority. It is now up to us to uphold that responsibility with appreciation of the invaluable benefits we stand to gain for doing so; and the unacceptable cost we will incur if we do not.

“And most importantly, the judgment is a victory for our children in that they will no longer be systemically deprived of their parents working with decision-makers to guide their educational development.

“Finally, Victor Scott and TN Tatem PTAs jointly extend our utmost appreciation to our respective members for their courageous commitment to see this matter through to this stage of its outcome.

“We the Executive members sincerely hope that parents will continue the momentum, and rise to the occasion going forward, to see to it that the best decisions are made to improve education in ways which advance Bermuda. We also take this opportunity to thank Mr. Johnston and J2 Chambers for the skillful job they have done representing us.

The full Court ruling is below [PDF here]:

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Comments (18)

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  1. Future says:

    Power to the people!

  2. Truth is killin' me... says:

    PTA 1-0 Jennifer Smith!!!

  3. Honestly says:

    YAY!!!!! For the students And principals @ both schools! These 2 principals deserve to have feedback and reasonings why they were to be moved to different schools. I think there are many favorites who get what they want……so there goes the accountability model! Well Done PTA Presidents for being steadfast in your decisions.
    Stay tuned for more drama. SMH!

  4. Proud Bermudian says:

    When they make these decisions they do not take into account what a teacher/prinicpal actually contributes to the said school, community, parents and lastly the precious students. The problem with our system is that people in the ivory towers do not put the “human factor” first. All they do is crunch numbers and stats all day. Come out and see what people contribute to their schools before you make STUPID transfers. Really Ministry 0-PTA’s 1!

    PS driving around all day in GP cars is not in your job description!

  5. Winnie Dread says:

    Oh wow, here we are basically wasting the courts time ie taxpayers precious money. Take for example Victor Scott Primary they had leadership issues sometime ago, they sent the principal to work in the ministry’s office I thing ie do nothing get paid handsomely. The current principal was bought in and took the school on a upward path, thereby making the MAIN stakeholders happy parents,teachers,support staff. One would have thought that would have been the ideal situation but noooooo not for the DOE or the Minister, really? And we wonder why……

  6. welldone says:

    Hmmm. So essentially the Ministry of Education has no authority to make staffing decisions for the people which they hire? While some may accept this judgement wholeheartedly because of political allegiances, remember that this sets a precedent and could handcuff any subsequent administrations as well. While I understand that parents have preferences over principals and teachers I recall teachers and principals being switched when I was in school and the transitions seemed to be seamless. I do not expect that a PTA should be consulted in the staffing of the school system. I believe Mr Kawaley has made a gross error in judgement and I hope the Govt appeals it. I also thought it was inappropriate for the respective principals to comment that they were ‘ecstatic’ at this result as they are well aware that their contract is with Ministry of Education, not a particular school and as professionals they should not be making public comments as to show their dissatisfaction with the decision at the Ministry. I guess it s popular these days to ‘defy’ or ‘speak against’ the current govt but remember that even if a change of govt happens there will still be decisions to be made that all will not like.

    • DoThisBermuda! says:

      The ministry does have authority to move staff but we believe that there should be valid reasons say if the principal was still under performing after being given extra training. Also some sort of reasoning as to why a particular school is losing their principal should be explained to those specific parents of that particular school. Do you know what it feels like to get nothing from the ministry after months of begging and asking why? Do you know what it feels like to be told indirectly that you have no control over your childs public education? Listen to what i am about to write and i want you to hear me well: the Ministry should never enter into any contracts with principals or teachers ONLY IF IT IS TO BENEFIT THE STUDENTS. Regardless if the ministry has contracts with the asp or BUT, if the decisions that are made are not to benefit the students of bermuda then those decisions need to be withdrawn. So the Prinipals and their contracts is irrelevant.This is victory for all Bermudian students in every government school.

      • Come Correct says:

        Knowledge is power, only the plp can have that. Why not disrupt their education?

    • Honestly says:

      What are the reasons for moving them! None!!!

  7. Hmmmmm says:

    Can the Government actually win a case before Kawaley? It appears impossible. IN any event, this is precisely why private school is the way to go. This “victory” is hollow. The lesson to the Ministry is to stop being nice and mindful of peoples’ feelings and tel the story about their performance and just why these transfers and others are necessary. A sad day for education in this country.

    • Unbelievable!!!!! says:

      Clearly you have not done any research of the effectiveness of either of these principals. Neither has been under performing. In fact according to the MOE, they were being moved in order to take their strengths to schools which were suffering or under performing in some if not all areas. Please, please, get your facts straight before you make stupid comments!!!!!!!!!!

      It is not a sad day for education in this country. What this ruling says, is that you in essence cannot put things into an act and then choose to use them or not use them at random discretion. Read the judges ruling in FULL before you open your mouth. . . please and thank you!!!!

  8. DoThisBermuda! says:

    The ministry does have authority to move staff but we believe that there should be valid reasons say if the principal was still under performing after being given extra training. Also some sort of reasoning as to why a particular school is losing their principal should be explained to those specific parents of that particular school. Do you know what it feels like to get nothing from the ministry after months of begging and asking why? Do you know what it feels like to be told indirectly that you have no control over your childs public education? Listen to what i am about to write and i want you to hear me well: the Ministry should never enter into any contracts with principals or teachers ONLY IF IT IS TO BENEFIT THE STUDENTS. Regardless if the ministry has contracts with the asp or BUT, if the decisions that are made are not to benefit the students of bermuda then those decisions need to be withdrawn. So the Prinipals and their contracts is irrelevant.
    This is victory for all Bermudian students in every government school.

  9. sigh says:

    I am totally stunned at this. I am all for students’ rights, and protests etc but for this to be overturned makes little sense to me and just will further encourage folks to think they can disregard directives from the hierarchy and do whatever they want to do, whether based on emotion or not. The Ministry is there for a reason and whether you agree or not you have to go with what is decided. I work for a private company and i should try to tell the CEO that i dont want to move departments, especially when it is in the contract that they have the right to move you wherever.
    This is ridiculous. Mr Kawaley and all involved should be ashamed of themselves. We are not teaching the students to be accountable or encouraged but rather that they can just do whatever they want. A sad lesson has been taught.

    • Unbelievable!!!!! says:

      You sound like a complete idiot!!!! We live in a democratic society, where people are allowed to post objections to decisions. Maybe if you stop kissing your CEO’s a** and stand up for yourself you may understand the process.

      I would encourage you as well to do the following:
      1. Read the Education Act that was put into plane and effect by the MOE as well as the Blueprint for Educational Reform, also put into place by the MOE.

      2. Read the ruling in full point by point.

      Education is NOT like a business. Business is a science and science alone, whereas education is a science and an art. Meaning, in education, not only do you need the knowledge but you have to be able to deliver that knowledge in a manner that translates into understanding. And from the principal perspective, you need both of these, plus the art and creativity to move teachers in a direction that is of significant benefit to student performance, deal with various personalities and situations of teachers, parents and students.

      When persons in the business world stop trying to cast their opinion in a realm and area of which you have little or no understanding and take the time to LEARN the essence of education, then and only then will you be able to make constructive criticisms and statements as it relates to education.

      Remember what the old people used to say: It’s better to be thought a fool, then open up your mouth and remove ALL doubt!!!!!!!!!!!!

    • what??? says:

      You are absolutely right! The Ministry is there for a reason and that is to provide proper education ffor our children. Now, when we see them not doing that job would you or anybody feel comfortable to just sit back and relax while the Ministry takes your child’s education and throws it out the window because they are trying makes THEMSELVES AND THEMSELVES only look good? We live in a democratic society. This is not a dictatorship. The MOED is not queen Elizabeth but a bunch of people who thought they knew what they were doing but in reality did not.

  10. tricks are for kids says:

    WHEN these same Principals are told that they will be transferred next year are we goIng to find ourselves in the same space protesting the moves?. Principals and teachers know the deal when they are hired and sign on the dotted line….

    • what??? says:

      I guarantee that will not happen lol.

      • tricks are for kids says:

        Can’t be too sure….as nothing in life is guaranteed…