Students aged 16 and over, as well as parents, could soon find themselves behind bars or facing hefty fines for assaulting or threatening teachers, as the authorities vowed to enforce long-ignored laws in response to a surge in violence in schools.
Amid alarm over student-on-teacher violence, the Ministry of Educational Transformation pulled out Section 64 of the Education Act as it issued a reminder to school administrators.
In a circular dated last Friday, Chief Education Officer Dr Ramona Archer-Bradshaw said the full weight of the law must now be applied, especially in light of multiple incidents that have left teachers physically injured and requiring medical attention.
“A person guilty of an offence under subsection (1) is liable on summary conviction to a fine of $500, or imprisonment for six months, or both,” the circular stated, quoting Section 64 of the Education Act.
Section 64(1) makes it an offence to: cause a disturbance in an educational institution; insult or abuse a teacher in the presence or hearing of pupils; use threatening, abusive, or insulting words in an educational institution; or assault a teacher or insult, assault or abuse a pupil.
Dr Archer-Bradshaw urged principals of all nursery, primary and secondary institutions to formally advise students, parents and guardians that the law will now be enforced with zero tolerance.
Barbados Secondary Teachers’ Union (BSTU) President, Mary Redman, described the circular as “very encouraging”.
“The CEO’s letter to all principals of public and private primary and secondary schools re-enforcing disciplinary schools is very encouraging to all in the school system,” she told Barbados TODAY. “There are many principals who demonstrate that they’re unsure of what to do in certain circumstances.
“This directive from the principal should offer some level of comfort in that regard. The ministry’s expectation that the principals will refer to and take the prescribed action in relation to 64-1 of the Act is important in these times of increasing student and teacher violence and increasing assaults and abuse of teachers by parents and guardians.”
Redman disclosed that the union had recently taken legal action against a parent: “The BSTU has only recently had to investigate and take legal action against a well-known entertainer who, as a parent, engaged in behaviour satisfying all four sections of 64 (1) in his actions against one of our members.
“Even though this provision in the law has been around since 1982, it has, to the best of my knowledge, not previously been publicised in this manner to sensitise the school community…. It must be noted that this Section 64 (1) also offers protection for students as well.”
Barbados Union of Teachers (BUT) President, Rudy Lovell, also welcomed the enforcement drive but called for broader systemic change.
“More must be done to address the growing issue of violence in schools and among students,” he said. “Strong words must be supported by equally strong systems. This includes the establishment of rehabilitation facilities for deviant students, the hiring of more social workers and guidance counsellors, and, where necessary, legislative reforms.”
The warning is especially significant for those aged 16 and over, who, under the law, are considered adults in criminal cases and may be charged and sentenced accordingly.
The Juvenile Offenders Act defines a child as someone under 14 and a young person as someone aged 14 to under 16. Once a person turns 16, they are no longer classified as a juvenile and can be charged under general criminal statutes.
A senior law enforcement officer confirmed this legal interpretation, noting: “In accordance with the Education Act, if a person who committed an offence, as the Act outlines, is 16 or older, it’s a possibility that they could spend six months in prison or can go to the Government Industrial School.”
But Section 13 of the Juvenile Offenders Act adds that there is some leniency for people under the age of 16: “No child shall be sentenced to imprisonment. No young person shall be sentenced to imprisonment if he can be suitably dealt with in any other way…. A young person sentenced to imprisonment shall not be allowed to associate with adult prisoners.”
The renewed focus on enforcement has been welcomed by teachers’ unions, which have long called for stronger protections against violence in schools, especially student-teacher conflicts.
sheriabrathwaite@barbadostoday.bb
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