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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 03:30
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Chapter Law Content

Chapter 2 Qualifications for the Appointment
Article 3
The appointment of educators should be based on educators’ morals and loyalty to the country. Educational background, experience, capability and physique thereof should meet the type and nature of the function that the educator prepares to perform. The emphasis should be placed on leadership for the appointment of principals/presidents at all levels of school as well as directors for education institutions and academic research institutions.
Article 4
Principals of elementary schools should hold a Teacher’s Certificate for elementary schools and meet one of the following qualifications:
1. Have held the position of elementary school teacher for at least five years and have served as a director of first level administrative units of schools for at least three years per regulations governing schools of all levels.
2. Have held the position of elementary school teacher or junior high school teacher for at least three years, or a total of four years in both, and have the recommended appointment rank of 8th grade or above, or its equivalent, in the field of education administration for no less than two years.
3. Have held the position of teacher at schools of all levels for at least seven years, accumulative, among which at least three years as an elementary school teacher and no less than two years as a director of a first-level administrative unit of an elementary school.
For the principal of an elementary school affiliated to a teachers ’ college, the years serving as a director of a school ’ s first-level administrative unit as referred to in the University Act shall be included in the required seniority of a director of a first-level administrative unit of an elementary school as specified in Item 3 of the preceding paragraph.
Article 5
Principals of junior high schools should hold a Teacher ’ s Certificate for secondary schools and meet one of the following requirements:
1. Have held the position of junior high school teacher for at least five years and have served as a director of a school ’ s first-level administrative unit for at least three years per regulations governing schools of all levels.
2. Have held the position of elementary school teacher or junior high school teacher for at least three years or totaled four years in both, and have the recommended appointment rank of 8th grade or above, or its equivalent, in the field of education administration for no less than two years.
3. Have held the position of teacher at schools of all levels for at least seven years, accumulative, among which at least three years as a junior high school teacher and no less than two years as a director of a first-level administrative unit of a junior high school.
The eligibility for the principal of a junior high school affiliated to a teachers ’ college shall include a minimum of three years as a full-time lecturer at a college or department of education and another three years as a teacher at a secondary school besides the requirements mentioned in the individual items of the preceding paragraph. A Teacher ’ s Certificate for secondary schools is also required; the years serving as a director of a school ’ s first-level administrative unit as referred to in the University Act shall be included in the required seniority of a director of a first-level administrative unit of a junior high school as specified in Item 3 of the preceding paragraph.
Teachers at a junior high school affiliated to a senior high school who hold a Certificate of Successful Completion of Reserve Training for Directors of Junior High Schools shall have their seniority as the director counted as part of the seniority as the director of a first-level administrative unit of a junior high school as specified in Item 3 of Paragraph 1.
Article 6
Principals of senior high schools should hold a Teacher ’ s Certificate for secondary schools and meet one of the following requirements:
Have held the position of senior high school teacher for at least five years and have served as a director of a first-level administrative unit of a school for no less than three years per regulations governing schools of all levels.
Have held the position of secondary school teacher for at least three years and have the recommended appointment rank of 9th grade or above, or its equivalent, in the field of education administration for no less than two years.
Have held the position of teacher at schools of all levels for at least seven years, accumulative, among which three years as senior high school teacher and no less than two years as a director of a first-level administrative unit of a senior high school.
The eligibility for the principal of a senior high school affiliated to a teachers ’ college shall include two years as a full-time associate professor at a college or department of education, or have held/will hold the position of full-time associate professor of relevant disciplines at a vocational school, and teacher at a high school for another two years at least, besides all other requirements mentioned in the individual items of the preceding paragraph. At least one year of service as a director of a first-level administrative unit of a school per regulations governing schools of all levels. A Teacher ’ s Certificate for secondary schools is required; the years serving as a director of a school ’ s first-level administrative unit as referred to in the University Act shall be included in the required seniority of a director of a first-level administrative unit of a senior high school as specified in Item 3 of the preceding paragraph.
Principals of vocational schools in the field of national art shall have held a teaching position in theatre, arts, or in graduate schools/departments/programs of relevant fields of senior high schools, junior colleges and above for at least two years. No less than two years of serving as a director with the recommended appointment rank of 9th grade or above, or its equivalent, in the field of education or cultural administration for no less than two years per regulations governing schools of all levels.
Article 6-1
Principals of special education schools should hold a Teacher ’ s Certificate for the highest level of education available at schools, expertise and knowledge of special education, and meet one of the following requirements:
1. Have held the position of special education school (class) teacher for at least five years and have served as a director of a first-level administrative unit of a school per regulations governing schools of all levels for no less than three years.
2. Have held the position of special education school (class) teacher for at least three years and have the recommended appointment rank of 9th grade or above, or its equivalent, in the field of education administration for no less than two years.
3. Have held the position of teacher at schools of all levels for at least seven years, accumulative, among which three years as a special education school (class) teacher and no less than two years as a director of a first-level administrative unit of a senior high school or lower-level schools.
Article 7
(Deleted)
Article 8
Presidents of junior colleges should meet one of the requirements in Item 1 and Item 2 below:
1. Eligibility (meet any of the following qualifications):
(1) Academician at Academia Sinica
(2) Professor
(3) Prior teaching and academic research experience equivalent to that required of a professor
(4) At least three years of experience as associate professor
(5) Prior teaching and academic research equivalent to that required of a associate professor for no less than three years
2. At least three years of experience, accumulative, as a director in schools, government agencies, or in other state-owned or private business entities
Article 9
(Deleted)
Article 10
Presidents of universities should meet one of the requirements in Item 1 and Item 2 below:
1. Eligibility (meet any of the following qualifications):
(1) Academician at Academia Sinica
(2) Professor
(3) Prior teaching and academic research experience equivalent to that required of a professor
2. At least three years of experience, accumulative, as a director in schools, government agencies, or in other state-owned or private business entities
Other than the requirements mentioned in the individual items of the preceding paragraph, college presidents shall hold a doctoral degree and have worked in the professional field of which the nature relates to that of the intended college, or the selected appointment rank of 12th grade or above, or its equivalent, in the field of education administration for at least six years, accumulative.
Presidents of universities and colleges should meet the requirements in the preceding two paragraphs. Individual universities and colleges may establish additional eligibility requirements, according to their needs, and specify these requirements in Articles of Organization.
Article 10-1
Individuals who have previously held or currently hold the position of principal at schools of all levels or are principal candidates for junior high schools or elementary schools who have gone through public screening and reserve training or have met the qualifications of a principal or president for senior high schools and higher-level academic institutions are eligible to serve as a principal at schools of the same level. This criterion shall also apply to those having been qualified through principal reserve training organized by the designated education authority per pre-amended Articles 4 and 5 prior to enforcement of the Act amendment dated November 15, 2011.
When a specialized school is reformed to a college of technology with a specialized division, the president may continue his/her tenure until it expires.
When the designated education authority, school, or board of directors has begun principal or president screening per qualifications of Article 4 to the preceding article of the pre-amended Statute before implementation of the Statute amendment dated November 15, 2011, the qualifications of the principal or president shall follow the pre-amended Statute.
Article 11
The presidents of normal universities, normal colleges, normal junior colleges shall meet the requirements specified in each related article of the Act, and, in principle, shall specialize in education.
Article 12
Elementary school teachers shall possess one of the following qualifications:
1. Graduate from normal junior colleges.
2. Graduate from each department of the normal universities and normal colleges, or graduate from education departments or colleges.
3. Have acquired certificates of the elementary school teachers before the Act is enforced, and the certificates are still within the term of validity.
Article 13
High school teachers shall possess one of the following qualifications:
1. Graduate from each department or graduate school of the normal universities or normal college.
2. Graduate from each department or graduate school of education colleges, or graduate from education departments or graduate schools of universities.
3. Graduate from each department or graduate school of universities or independent colleges, and have taken education courses and thus acquired the required education credits.
4. Have acquired certificates of the high school teachers before the Act is enforced, and the certificates are still within the term of validity.
Article 14
Teachers of universities, independent colleges and junior colleges refer to professors, associate professors, assistant professors and lecturers.
Teachers of universities, independent colleges and junior colleges shall have specialized publications published in prestigious academic or professional journals in Taiwan or abroad, or accepted and proved to be published regularly, or issued in public, and shall have been certified the qualification by the Ministry of Education.
Teachers may get promoted under the circumstances of the aforementioned qualifications. When necessary, Ministry of Education may authorize schools to handle the screening. Technical teachers in the fields of physical education, arts and applied technology of universities, independent colleges and junior colleges may apply for the appointment or promotion with their works, proof of achievements, or technical reports to replace the specialized publications for the screening.
Teachers of universities, independent colleges and junior colleges shall arrange for the qualification screening when applying for the appointment or promotion; regulations concerning the screening shall be prescribed by the Ministry of Education.
Article 15
Universities, independent colleges and junior colleges may appoint assistants to assist teaching and research.
Assistants shall possess one of the following qualifications:
1. Graduate from universities or independent colleges with excellent grades.
2. Graduate from three-year junior colleges, have engaged in research work, specialized professions or functions related to learned subjects for over two years; or graduate from two-year or five-year junior colleges and have engaged in research work, specialized professions or functions for over three years with excellent grades.
Article 16
Lecturers shall possess one of the following qualifications:
1. Research in the graduate schools or institutes, hold master’s degrees or the equivalent, and have outstanding grades.
2. Graduate from universities or independent colleges, have held the position as assistants in teaching or researching for over four years with excellent performance, and have published specialized publications.
3. Graduate from universities or independent colleges, have engaged in research work, specialized professions or functions related to the majored subjects for over six years with outstanding performance, and have published specialized publications.
Article 16-1
Assistant professors shall possess one of the following qualifications:
1. Hold doctoral degrees or the equivalent degree certificates with outstanding performance and have published specialized publications.
2. Hold Master ’ s degrees or the equivalent degree certificates, have engaged in research work, specialized professions or functions related to the majored subjects for over four years with excellent performance, and have published specialized publications.
3. Graduate from departments of Medicine, Chinese Medicine, or Dentistry of universities or independent colleges, have practiced clinically for over nine years, during which acted as doctors in charge in the medical center for four years with excellent performance, and have published specialized publications.
4. Have held the position as lecturers for over three years with outstanding performance, and have published specialized publications.
Article 17
Associate professors shall possess one of the following qualifications:
1. Hold doctoral degrees or the equivalent degree certificates, have engaged in the research work, specialized professions or functions related to the majored subjects for over four years, and have published specialized publications.
2. Have held the position as assistant professors for over three years with outstanding performance, and have published specialized publications.
Article 18
Professors shall possess one of the following qualifications:
1. Hold doctoral degrees or the equivalent degree certificates, have engaged in the research work, specialized professions or functions related to the majors for over eight years with productions or inventions, and have great academic contributions or important specialized publications.
2. Have held the position as associate professor for over three years with outstanding performance and have published specialized publications.
Article 19
A person who has made an outstanding academic contribution may be appointed as a teacher in a university, independent college, or junior college, provided that this appointment has been approved by at least three quarters of the members present at a meeting of the Council of Academic Reviewal and Evaluation of the Ministry of Education that was attended by at least half of all Council members. And this appointment is not subject to the restrictions stipulated in Articles 15 to 19.
Article 20
The qualifications of principals and teachers of schools in the remote or special areas and qualifications of teachers teaching specialized subjects, technical subjects and special subjects and the rare technicians shall be enacted by the Ministry of Education.
For those accepted by the Department of Early Childhood Education of the normal colleges before 7 Feb. 1994 and those accepted by the Extension Division of Department of Early Childhood Education of the normal colleges before 16 Nov. 1995 but have not completed the education, when they take the selection exams of elementary school teachers in remote areas, the recognition of education subjects and credits thereof shall be handled by the teacher training institutions he or she originally attended in accordance with the principle of substantial recognition.
For those who passed the selection exams of elementary school teachers in remote areas in the academic year of 2000 but have not been appointed, their cases, if conforming to the provisions of the preceding paragraph, shall be handled in compliance with the preceding paragraph.
Article 21
The appointment of school staff shall be handled in accordance with the provisions of Act Governing the Appointment of Civil Servants or Statute Governing the Appointment of Technicians pursuant to the function classification thereof and be proceeded to the appointment confirmation process.
For the incumbent staff incorporated within the school organization, if selected and appointed before the enforcement of the Act, the appointment qualifications thereof shall apply to the provisions of the former related laws and the staff may be transferred among schools.
The incumbent staff incorporated within the school organization, if possessing the statutory appointment qualifications for the civil servants or technicians before the enforcement of the amended Statute, shall be reassigned and the pay rate thereof shall be switched pursuant to the incumbent positions. The regulations governing the reassignment and the switch of pay rate shall be enacted by the Examination Yuan along with the Executive Yuan.
The appointment of the human resources staff and the budgeting, accounting, and statistics staff in schools shall be handled in accordance with the provisions of the respective related laws.
The rules governing the promotion exams of public school staff shall be enacted by the Examination Yuan.
Article 22
The appointment qualifications for the professionals in social education institutions and the researchers in academic research institutions may, in accordance with the function classification thereof, apply mutatis mutandis to the respective school ’ s provisions.
The appointment qualifications for the general administrative staff of the institutions specified in the preceding paragraph shall abide by the provisions of the related civil servant laws.
Article 22-1
The qualifications for the full-time athletic coaches of all levels of schools shall be enacted by the central government agencies in charge of physical fitness and sports; the procedures and terms of the appointment shall be enacted by the central government agencies.
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