University warns against sidelining LSE qualifications in seniority decisions

Academics at the University of Malta have criticised a recent decision by the education ombudsman, claiming that it risks undermining the professional role of learning support educators (LSEs).

In a statement, the Department of Inclusion and Access to Learning said it was “concerning” that the ombudsman gave greater weight to years of experience than to academic qualifications when ruling on how LSE seniority should be determined in state schools.

The department said that while experience was important, it should not replace professional training, particularly in roles involving vulnerable children and young people.

“Experience by itself can never substitute professional preparation in a very sensitive area,” said François Mifsud, head of the department. He warned that overlooking qualifications could have serious implications for inclusive education standards.

Their comments come in response to a decision by Education Commissioner Vincent De Gaetano, who said that ranking LSEs by academic qualifications, rather than by the date of their appointment, was discriminatory and in breach of public service rules.

Under existing regulations and collective agreements, all LSEs fall under a single grade. Seniority, the ombudsman said, should be based on when an educator entered the grade — not on qualifications.

This was because 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 and, subsequently, by previous service.

Both the current and previous collective agreements establish a single grade of LSE, even though different salary scales apply through progression. As a result, the current practice was found to be unlawful and discriminatory.

The case was triggered by a complaint filed in September 2023 by 329 LSEs working in state schools. They argued that the current system for ranking seniority was unfair. However, they clarified that their complaint was not about pay, which does vary with qualifications, but strictly about how seniority was calculated.

In their response, university academics said the ombudsman’s decision failed to recognise the importance of formal training in delivering high-quality, ethical support.

“Inclusive education is more than just placement and access; it is about the quality of support that learners receive,” the department said.

"Ultimately, decisions that diminish the value of professional preparation in learning support are not simply administrative or procedural issues. They are a very serious step backwards for inclusive education and can be considered a slap in the face for learners with disabilities and their families,” they said.