The legislature yesterday passed amendments to the Teachers’ Act (教師法), which included more clearly defined rules on the determination of “unfit” teachers, as well as an additional mechanism for schools to review teachers’ professionalism.
The amendments provide a legal basis for so-called “committees for the evaluation of teachers’ professionalism,” which are established at a regional level.
Their function had been limited to giving advice to elementary, junior-high and high schools when a teacher’s suitability was under review.
Photo: Chien Jung-feng, Taipei Times
The amended act requires all local governments to establish teacher evaluation committees. The committees would undertake investigations entrusted to them by local governments if the government’s opinion about a teacher’s fate differs from that of their school.
The regional committees should be presided over by local education heads and should be comprised of 11 to 19 government representatives, education experts, legal experts and children’s welfare experts, as well as representatives from local or national groups formed by teachers, parents or principals.
They should conduct impartial, fact-based investigations and publish abstracts of their probes after a case is closed, the amendments say.
At present, 21 of the nation’s cities or counties has a review committee.
The amended act defines punishments for teachers based on severity, which in the most extreme cases would result in dismissal and denial of future teaching positions.
Those convicted of treason, embezzlement, or sexual assault or harassment in a court or by the gender equality committee at their school would be permanently banned from teaching, the amendments say.
Those convicted of mentally or physically abusing, kidnapping or sexually exploiting minors, or committing other crimes defined by the Children and Youths Welfare and Rights Act (兒童及少年福利與權益保障法) would be subject to the same punishment, the amendments say.
Under the amendments, those found to have served a prison sentence of at least two years prior to beginning work as a teacher, as well as those sentenced to at least one year in prison after being employed, are to be discharged and banned from teaching if they have not served probation.
Those who have been relieved of their duties over breaches of the Public Functionary Discipline Act (公務員懲戒法) and those found to have breached academic ethics would be fired and permanently banned from teaching.
To ensure impartiality, committees convened by schools to review a teacher’s dismissal, suspension or termination of contract should comprise objective third parties, and teachers who have not been assigned administrative duties must make up more than half of the committee, the amendments say.
Should a committee fail to take timely action against a faculty member who should be fired, suspended or reassigned, the Ministry of Education or local education authorities must demand that the committee proceed with an evaluation, they say.
Teachers who are accused of professional negligence should be dismissed or barred from having their contract renewed if at least two-thirds of committee members are present at a review and at least two-thirds of present members agree that the allegations against them are true, the amendments say.
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