LSEs get new rules to determine seniority
Seniority of new LSEs will now be aligned with the Manual on Resourcing, Policies and Procedures
Newly employed learning support educators (LSEs) will have their seniority determined based on experience, in line with a public service policy document, as the education ministry implements a recommendation by the commissioner for education to eliminate discriminatory practices.
The director general for people management within the education ministry informed all LSEs that the seniority of newly appointed LSEs will be calculated according to the Manual on Resourcing, Policies and Procedures, specifically by their date of appointment.
Meetings and consultations are being held to identify a fair solution for LSEs already in employment.
The education commissioner within the office of the ombudsman had, earlier this year, found that the system used by some state schools to rank LSEs on the basis of academic qualifications rather than years of experience is illegal and discriminatory.
The issue was first raised in September last year, when 329 LSEs working in state schools filed a formal complaint regarding how seniority is determined within individual schools.
Under the previous system, LSEs who obtained additional qualifications automatically gained seniority over others, negatively impacting more experienced educators, particularly during redeployment to other schools: where people with more years of experience were asked to leave a school instead of those with less experience but more qualifications.
The LSEs highlighted that this approach does not apply to other educator grades, such as teachers or kindergarten educators, who retain their seniority regardless of the qualifications held by newly appointed staff.
Following the complaint, the commissioner for education launched an investigation and examined the relevant legal framework. The Manual on Resourcing, Policies and Procedures clearly states that seniority in the public service is determined by the date of appointment in the grade, followed by previous service. Both current and past collective agreements establish a single grade of LSE, even though different salary scales apply through progression.
Aligned
As a result, the existing practice, whereby seniority was determined by qualification in some cases, was found to be unlawful and discriminatory.
Determining seniority based on qualifications rather than date of appointment was deemed maladministration under the Ombudsman Act and public service regulations. The commissioner recommended that this illegal practice be discontinued immediately.
The education ministry accepted the recommendation and stated that the seniority of new LSEs will now be aligned with the Manual on Resourcing, Policies and Procedures.
Following several meetings with the Malta Union of Teachers (MUT), the ministry invited LSEs currently in employment and affected by the situation to submit their views within two weeks, with the aim of finding a fair solution for those already in service.
The National Parents’ Society for Persons with Disabilities (NPSPD) said in a statement that decisions about LSE progression should be linked to continuous professional development while taking into account LSE experience.
“The professionalism of LSEs and the rights of learners must not be pitted against each other,” the association said. “A strong, fair and rights-based system should recognise experience while also strengthening training, qualifications and professional standards.
“NPSPD is concerned that any system which weakens the value of professional preparation risks undermining the rights and educational interests of disabled learners. Families need to trust that the persons supporting their children are not only experienced but also properly trained, professionally supported and equipped to meet complex educational and developmental needs,” it added.
That statement was endorsed by the Department of Inclusion and Access to Learning at the University of Malta's Faculty of Education.
"Experience is an important and valuable component of professional competence and should be appropriately recognised within progression structures," the department said. "However, experience alone cannot replace the professional preparation, training, and qualifications required to support learners with disabilities and additional educational needs. LSEs are educators, and as such, their work demands both professional formation and practice-based expertise."