The Pursuit Of Happiness

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness - The Declaration of Independence, July 4, 1776.

We've discussed the matter of "pursuit of happiness" before in Sungai Ara Youth Hour some time ago. Not in the legislative sense, though.

The pursuit of happiness is an unalienable right? A recent newspaper article made me ponder how far this can be true in our country.

The Education Ministry has highlighted that teachers are not allowed to give tuition classes for more than 4 hours a week. Other restrictions include:

• Giving tuition at tuition centres registered by the state education department.
• Application to give tuition has to be approved by the state education director two months beforehand.
• Applicants must achieve a minimum of 80% in their performance appraisals in the previous year.
• Tuition centres must not be more than 25km from a teacher's school.

Any normal tuition centre pays approximately RM30 per hour. 4 hours a week will be RM120. In a month, that will be RM480. So government school teachers are restricted to earning an extra income of RM480 a month. Any more than that, then you are breaking the law.

In Rule 5 Regulations on Public Officers (Conduct and Discipline) 1993, teachers are not allowed to do outside work and be paid for it (see reference). So, if you are coaching, let's say, a swimming team for a professional club, then you are breaking the law. Even if many school swimmers are developed under that club, or even if you are "sedang memajukan sukan untuk negara", if you are getting paid for it, then you are breaking the law.

If you want to help develop sports among the youth of the nation, or if you want to give kids a healthy co-curricular purpose, or if you want to keep kids off the streets after school hours, you have to do it for free. Either that, or quit the government service. Then you can groom the nation's athletes legally.

In short, teachers are not allowed to earn money outside the government's payroll. If you do, make sure it's not over RM480. If it exceeds that amount, then you are a lawbreaker. If you are passionate about a sport, you can only develop that sport under the confines of a school. If the school has the facilities, then you can do it. (But only for the students of that school. Students from other schools are denied that privilege) If the school does not have the privilege at all, then your passion for the sport is limited to a couch in front of ESPN's Sports Channel.

You tell me how far is the pursuit of happiness an unalienable right in our country.

On the further restrictions:

1. On the tuition centre's registration. Which tuition centre wants to register itself with the state education department, if the employees under its payroll is going to be tabbed by the ministry? As Lawrence Law said, school teachers (at least, the good ones) should be the best people for the job. Ironically, you can't hire the best people for the job to work at your center for more than 4 hours. But you can let anyone else work for unlimited hours in your center. Does this make sense for any thriving tuition centre?

2. On the teacher's registration. What if you are already teaching tuition for many years already? Registering now will mean you have been ignoring the law for a long time. Also, after you have registered, you have to wait 2 months before you start teaching (if you get approved). So, at the meantime, you have to quit from your centre?

Also, with all the stipulated restrictions, what motivation is there for anyone to step up and be registered? It will make more sense to remain under the radar. How would the ministry find out about their involvement in tuition centers anyway? It's not practical to seek out every tuition center, and ask for the list of people under their payroll.

Another obvious point. We all know that teaching outside a tuition center pays way, much better. How are these stipulations going to apply for private home tutors? It doesn't solve the problem of teachers moonlighting as tuition teachers if they quit their centers and do home tutoring instead.

3. On performance appraisals. We all know that performance appraisals do not really reflect a teacher's performance in school. It is highly abritary. And it is also easily manipulated if you know the system.

4. On distance. Picture this. Let's say, your house, your school and your tuition centre are in a straight line. Your school is right in the middle, as the center of reference. The distance between your school and your house is 25km. The distance between your school and your tuition center is also 25km. Your house and your tuition center are at opposite ends, with your school right in the middle.

To go from your house to your tuition center, you are allowed to travel a total of 50 km. But if there is a tuition center which lies outside the 25 km radius from your school, then you cannot teach there. Even if that center is just right across the street from your house.

I don't know if Mei Mei (see reference) knows what she is talking about. She says the government wants to make sure that the teachers’ main priority is school-going students like herself. I can't help but wonder if she goes to tuition centres herself. What if she finds out her favourite tuition teacher is also a school teacher. What if that same school teacher is also the students' favourite in his own school. Does she realize that there are students who actually need tuition classes, either to excel, or to eke a passing grade?

Of course, there are some school teachers who misplace their priorities in school, and compromise them with their involvement in tuition centres. But is it so hard to believe that not all teachers are like that? Is it fair to legislate a blanket restriction on all teachers?

What about primary teachers who struggle to make ends meet? If the government cannot help them in that area, they are not allowed to help themselves?

A more pertinent question to ask is, how much is the tuition industry affecting the education system? Is the education system reliant on it, or is the education system suffering because of it? Does the tuition industry have a positive or negative impact to its students? What does that tell us of the current state of our education system? Is placing restrictions on teachers and tuition centres a move for the better, or for the worse? If, for some reason, tuition centres ever get abolished, will the education system survive without it?

It's an acceptable thing if a teacher's salary is a humble one. But the implication is a worrying one when people are denied the freedom to pursue happiness outside the government's payroll.