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Chapter Law Content

Title: Teachers’ Act CH
Category: Ministry of Education(教育部)
Chapter 3 Appointment
Article 9
The appointment of teachers at schools at senior secondary and lower levels is divided into initial appointments, appointment renewals, and long-term appointments. A teacher shall be appointed by the principal after being assessed and approved by a teacher evaluation committee, unless any of the following situations pertains:
1. The person is a publicly funded student who has been assigned to that school in accordance with the provisions of Teacher Education Act.
2. The person was a principal who is once again taking an appointment as a teacher in accordance with Primary and Junior High School Act or Senior High School Education Act.
When a teacher evaluation committee referred to in the preceding paragraph is formed it shall include teachers’ representatives, representatives of the school’s administrative personnel, and one representative of the parent’s association, and the number of teachers’ representatives who do not hold a part-time administrative role or who are not also on the school’s board is not permitted to comprise less than half of the committee; this restriction does not apply, however, if the number of teachers is less than half of the total number of board members.
When the teacher evaluation committee at a school at senior secondary or lower level deals with a situation referred to in Subparagraph 7 and Subparagraph 10 of Paragraph 1 of Article 14, or Subparagraphs 1 to 4 of Paragraph 1 of Article 15, the school shall separately appoint external scholars and experts to serve as additional committee members, until the number of teachers’ representatives who do not hold a part-time administrative role or who are not also on the school’s board or who constitute less than half of the total committee.
The regulations governing the responsibilities, composition, terms of office, official discussions, recusal, and other related matters pertaining to the teacher evaluation committees referred to in the preceding three paragraphs shall be prescribed by the central competent authority.
Article 10
The appointment of teachers to schools at senior secondary and lower levels is restricted to people who have a Teacher’s Certificate.
The initial appointment of a teacher at a senior secondary or lower level school shall be for one year; the first appointment renewal shall be for one year, and subsequent renewals shall be for two years each time. A teacher whose teaching performance has been and is good or excellent who has had three or more appointment renewals may be given a long-term appointment after being assessed by a teacher evaluation committee and at least two-thirds of the committee support the appointment. The length of each long-term appointment shall be determined by the teacher evaluation committee of each school, with seven years being the maximum term available.
The appointment of teachers at junior colleges and teachers at institutions of higher education, and their appointment terms, shall be handled in accordance with the provisions of the University Act and of the Junior College Act respectively.
Article 11
When a school at senior secondary or lower level adjusts its departments, sections, or courses, or when such a school reduces the number of programs, suspends operations, or is going to close down, if there are suitably qualified teachers who would like to continue teaching and the school has other work duties that are suitable for such teachers to be assigned to, the school shall give priority to counselling them and revising those teachers work duties; if there are no other work duties at the school which can be assigned to such teachers, the school or the competent authority shall give priority to counselling those teachers and informing them about available transfers to another school.
If the teacher evaluation committee of a school finds that any of the situations referred to in the subparagraphs of Article 30 pertain to a teacher who in accordance with the provisions of the preceding paragraph has been given priority assistance to counselling and information about the available position to transfer to there, by that senior secondary or lower level school or by the competent authority, that person’s appointment shall not be approved.
Article 12
When a junior college or an institution of higher education adjusts its departments, graduate institutes, sections, divisions, or courses, or reduces the number of programs, suspends operations, or is going to close down, if there are suitably qualified teachers who would like to continue teaching and for whom there is other suitable work can be arranged, the educational institution shall give priority to counselling those teachers and assisting them find a transfer, and the competent authority concerned shall assist the college or institution to do so.
If a teacher at a junior college or an institution of higher education was given priority assistance to transfer, in accordance with the provisions of the preceding paragraph, and a check by a teacher evaluation committee finds that any of the following situations pertain to that person it may decline to approve that person’s appointment:
1. The person is still currently involved in dismissal or non-renewal of appointment disciplinary procedures regarding a situation referred to in Paragraph 1 of Article 14, Paragraph 1 of Article 15, or the subparagraphs of Paragraph 1 of Article 16.
2. The person is still currently involved in suspension of appointment disciplinary procedures, or is undergoing a period of suspension because of their involvement in a situation referred to in Article 18, Article 21, or Paragraph 1 or 2 of Article 22.
3. The person is still currently involved in severance with pay disciplinary procedures because of their involvement in a situation referred to in Subparagraph 2 or Subparagraph 3 of Paragraph 1 of Article 27.
Article 13
A teacher is not permitted to be dismissed, denied renewal of appointment, or suspended unless one of the situations referred to in Articles 14 to 16, 18, 19, 21, or 22 pertains to that teacher.