Regulations Governing Selection and Appointment of Teachers for Schools in Remote Areas on a Case by Case Basis
Announced Date：2018-10-19
These Regulations have been formulated in accordance with the provisions of Article 7, Paragraph 4 of the Act for Education Development of Schools in Remote Areas (hereunder abbreviated to “the Act”).
Article 2
In accordance with the provisions of Article 7, Paragraph 1 of the Act, each competent authority shall conduct a public selection process to select teachers with a teaching qualification to appoint on a contractual basis (hereunder referred to as "contract-based teachers") on a case by case basis and shall set up a teacher selection committee (hereunder referred to as the “selection committee”) with the following responsibilities:
1. To review the selection guidelines and the rules for examination venues.
2. To verify the proper operation of the selection procedure.
3. To supervise the work related to selection examinations.
4. To deliberate over the list of selected candidates.
5. To deal with any disputes.
6. Other teacher selection related matters.
Each competent authority may incorporate the selection of contract-based teachers referred to in the preceding paragraph into its procedures for selecting teachers, in which case it is not subject to the provisions of the preceding paragraph.
Article 3
Each selection committee shall have between nine and 17 members, who will be scholars and experts, representatives of teachers’ organizations, representatives of parents, representatives of schools, and representatives of relevant institutions, each selected and appointed by the competent authority. The combined number of representatives of teachers and representatives of schools must comprise at least two-fifths of the committee. The number of members of any one gender must be at least one-third of the total number of committee members.
The selection committee referred to in the preceding paragraph shall be convened by the head of the competent authority or by a designated member of its personnel who shall also be a member of the committee.
When the selection committee meets, the convener shall chair the meeting; if the convener is for some reason unable to attend a meeting, the convener may designate a person to chair that meeting, or the members present may decide on which person among those attending will act as the chairperson for that meeting.
The selection committee shall have at least two-thirds of the committee members present to hold a meeting, and a resolution may only be passed when more than half of the attending members support it.
Article 4
Each person who participates in the contract-based teacher selection shall have the required teaching qualification for the education stage, and type, and the subject area that the appointed person will teach.
Article 5
In accordance with the provisions of Article 8, Paragraph 4 of the Act, a school in a remote area that is located in an indigenous area shall give extra points to teachers who have expertise in a local indigenous language, during a contract-based teacher selection. The percentage of extra points to be given shall be determined by each competent authority and specified in the selection guidelines.
Article 6
Each competent authority shall provide a list of the contract-based teachers who were selected in the public selection to the schools in its remote areas for those schools to appoint teachers from.
Article 7
The term of each appointment of a contract-based teacher shall be for at least one school year and for a maximum of two school years; when a contract-based teacher’s term of employment expires, the school principal may reappoint them if the person satisfies the provisions below; if the school where the teacher’s contract has just expired no longer has a vacant position available, the competent authority may designate another school in a remote area to appoint that teacher, and the designated school is not permitted to refuse to do so:
1. The contract-based teacher has a good performance record and has satisfactorily passed assessments regarding each item specified in Article 4, Paragraph 1, Subparagraph 1 of the Regulations Governing Performance Assessments of Grade K-12 Teachers in Public Schools and Preschools.
2. The contract-based teacher passed a review conducted by the teacher evaluation committee of the school where the teacher’s contract has just expired, and the competent authority has received and approved a report of the review.
When a contract-based teacher who has been employed for six consecutive school years and has acquired an accreditation to teach in a second subject area in accordance with the provisions of Article 7, Paragraph 2 of the Act is applying for a renewal of their appointment in accordance with the provisions of the preceding paragraph, the maximum term of appointment for each subsequent renewal may be six school years and is not subject to the maximum of two school years referred to in the preceding paragraph.
Article 8
Contract-based teachers shall enjoy the following rights during their term of employment:
1. To express their views regarding school teaching and administration matters.
2. To participate in teaching-related workshops or activities.
3. To enjoy professional autonomy in their teaching and student counseling, in accordance with the provisions of related ordinances and the school’s rules and regulations.
4. To enjoy the rights and interests stipulated in the Act.
5. When a teacher becomes involved in a lawsuit as a result of performing their duties in accordance with the law, the school where the teacher works shall engage a lawyer to defend the teacher and provide legal assistance.
6. If a person considers that that some measure taken against them by the competent authority or school concerning their remuneration or their being dismissed is illegal or inappropriate, and that it constitutes a violation of their rights and interests, the person may apply, mutatis mutandis, the appeal procedure set out in the Teachers’ Act and initiate remedy procedures.
Article 9
In addition to complying with ordinances and fulfilling their appointment contract obligations, contract-based teachers have the following duties:
1. To comply with the terms of their appointment contract, uphold the reputation of the school, strictly fulfill the responsibilities that go with their position, always act on the basis of conscience, and promote the honor and dignity of teaching, and professionalism.
2. To actively protect students’ rights to education.
3. To implement teaching and learning activities in accordance with the related ordinances and the school’s arrangements, and serve as a homeroom teacher, and perform administrative duties.
4. To advise and discipline students, to guide their appropriate growth and nurture their development of a sound personality.
5. To not disclose any student’s personal or family information, unless required to do so in accordance with the provisions of some law.
6. To participate in teaching and administration related workshops or activities as assigned, and participate in the school’s academic and social education activities, and administrative work.
7. Duties stipulated in other ordinances and regulations.
Article 10
Contract-based teachers’ remuneration is divided into three types: basic salary, and any allowances, and bonuses. Payment of each of these shall be handled in line with the corresponding provisions for full-time teachers.
Article 11
Contract-based teachers shall be subject to assessment; the assessment shall be handled in accordance with the directions governing the school's normal assessment and year-end performance assessment of its full-time teachers.
Article 12
The days that a contract-based teacher must work over an entire school year shall be organized in line with the Work Calendar for administrative agencies issued by the Directorate-General of Personnel Administration of the Executive Yuan; their vacation time shall be handled in line with the corresponding directions governing teachers who concurrently hold a part-time administrative post.
The provisions of the Regulations Governing Teachers’ Leave Requests, with the exception of the provisions of Articles 5, 6, 12, 17, and 18, apply mutatis mutandis to contract-based teachers’ requests for leave.
Article 13
Schools shall enter a contract with each contract-based teacher, and the contract shall include details of the following:
1. Work duties and assessment.
2. Remuneration, vacation time, leave requests, insurance, retirement, and other rights and obligations related matters.
3. Other necessary matters.
Unless other provisions in these Regulations apply, contract-based teachers’ rights and obligations shall be regarded as equivalent to those of the substitute teachers set out in the Regulations Governing the Employment of Part-time and Substitute Elementary and Junior High School Teachers, and contract-based teachers are classified by the central competent labor authority as casual or temporary teaching staff employed in accordance with the ordinances governing education personnel.
Article 14
If any of the situations referred to in the following subparagraphs pertains to a contract-based teacher whom a school has already appointed, the school shall dismiss that teacher:
1. The person has ever committed a criminal offense against the internal or external security of the State and been found guilty and convicted with no further right of appeal, or is subject to an arrest warrant in such a case which has not yet been closed.
2. The person has been sentenced to a prison term of one year or more without probation.
3. The person has been found guilty of corruption while employed in civil service and convicted with no further right of appeal, or is subject to an arrest warrant for such a case which has not yet been settled.
4. The person has been found guilty of a crime as defined in Article 2, Paragraph 1 of the Sexual Assault Crime Prevention Act and has been convicted with no further right of appeal.
5. In accordance with the law, the person has been dismissed from employment, or had a period of suspension imposed as a disciplinary measure that has not yet expired, or the person was suspended from employment because of some incident and that reason has not yet ceased to exist.
6. The person has been deprived of their civil rights, and their civil rights have not yet been restored.
7. The person has been made subject to a guardianship or assistance order which has not yet been revoked.
8. The school’s gender equity education committee or another appropriate committee set up in accordance with the law has investigated and confirmed that the person has committed a sexual assault.
9. The school’s gender equity education committee or another appropriate committee set up in accordance with the law has investigated and confirmed that the person has committed a sexual assault, and that the circumstances are serious.
10. The person became aware that an incident of suspected sexual assault occurred on the campus where they are employed but did not report the matter in accordance with the provisions of the Gender Equity Education Act, thereby leading to a subsequent sexual assault on campus; or the person forged, altered, destroyed, or concealed evidence of any sexual assault incident committed by any other person(s), and any such failure to report, or any forging, altering, destroying or concealing of evidence has been investigated and verified by the authorities concerned.
11. The person has forged, altered, or destroyed evidence of any other person(s) committing a dangerous offence on campus involving narcotics or hazardous drugs on campus, and this has been investigated and verified by the authorities concerned.
12. The person has inflicted corporal punishment on or bullied one or more students, causing severe physical and/or mental injury.
13. The person has acted in a way that constitutes a breach of the pertinent ordinances, and this has been investigated and verified by the authorities concerned and that the circumstances are serious.
14. The person has acted in a way that constitutes a breach of the pertinent ordinances, and this has been investigated and verified by the authorities concerned and it was decided that the circumstances are not of a serious nature but require the person’s dismissal, and after examination and consideration of the circumstances of the case, a period of between one and four years was formally decided on, during which time, a school is not permitted to appoint that person.
15. There have been specific instances of the person not fulfilling a teacher’s duties, or being unable to competently perform their work, or the person has violated their contract in a way which constitutes a serious offence.
Within one month from the day that a school becomes aware that any contract-based teacher has been involved in any situation referred to in Subparagraph 8 or in Subparagraph 9 of the preceding paragraph, the school shall suspend the teacher after its teacher evaluation committee has reviewed the matter and given approval. If an investigation verifies that the circumstances did occur, the school shall dismiss the teacher, after reporting the matter to its competent authority and receiving approval of the dismissal. A contract-based teacher who has been suspended in accordance with the regulations is not permitted to have any remuneration paid during the period of suspension. If an investigation finds that a teacher was not involved in any sexual assault, sexual harassment, or sexual bullying, the teacher may apply for the basic salary that they would have received during the suspension period to be paid to them in arrears.
If a contract-based teacher has been involved in any situation referred to in Paragraph 1, Subparagraphs 1 to 7, Subparagraph 10, or Subparagraph 11, the school shall report the matter to its competent authority and dismiss the teacher after receiving approval to do so from the competent authority.
A school shall dismiss a contract-based teacher who has been involved in any situation referred to in any of the provisions of Paragraph 1, Subparagraphs 12 to 15 after a meeting of the school’s teacher evaluation committee attended by at least two-thirds of its members has deliberated the matter and at least two-thirds of the members in attendance supported a resolution to do so, and after the disciplinary measure has then been reported to and approved by the competent authority
If a contract-based teacher has been involved in any of the situations referred to in Paragraph 1, Subparagraphs 1 to 13, the school is not permitted to appoint them; if a contract-based teacher has been involved in a situation referred to in Subparagraph 14, the school is not permitted to appoint the person if they are still in the period of one to four years that was formally decided on, during which time it is not permitted for them to be appointed.
If a contract-based teacher has been involved in any of the situations referred to in Paragraph 1, Subparagraphs 1 to 14, the school shall undertake related reporting, collection of information, and checks in accordance with the regulations. Before appointing any contract-based teacher, a school shall undertake the collection of information, and checks; the provisions of the Regulations Governing Reporting, Information Collection, and Inquiries regarding Unqualified Educators Unsuitable for Employment apply, mutatis mutandis, to the reporting, information collection, checks, and other related matters.
Before appointing any teacher, educational institutions shall check whether any of the circumstances referred to in the provisions of Paragraphs 1 and 2 of the preceding article pertain to the person; educational institutions shall also conduct checks of the teachers already appointed on a regular basis.
Article 15
A contract-based teacher who has already been employed as a teacher for six consecutive school years and has acquired an accreditation to teach in a second subject area, and has a good performance record shall be given extra points in the preliminary examination when they participate in a contract-based teacher selection that is organized by the competent authority of the place where the school at which the person currently works is located, or by the school at which the person currently works; the person will be given extra points of between ten percent (10%) and fifty percent (50%).
Article 16
If a contract-based teacher participates in a full-time teacher selection and is then appointed as a full-time teacher within the staffing complement of a public school, the seniority that the person earned before their current appointment, working as a contract-based teacher, with a good performance record will be counted towards advancing their salary grade, based on the number of years of such prior work, to the maximum seniority salary applicable to the professional rank of the position to which they are appointed.
The provisions of the Regulations Governing Determination of Teachers’ Salary Category Based on Seniority Earned before their Current Appointment shall apply, mutatis mutandis, for the method of calculating the advances in salary grade referred to in the previous paragraph and related matters.
Article 17
If a contract-based teacher meets the eligibility qualifications stipulated in the Labor Insurance Act, the Employment Insurance Act, or the National Health Insurance Act, Act, during the validity period of their employment contract, the school shall contribute to a labor insurance policy, an employment insurance policy, and the National Health Insurance policy for the teacher.
If a contract-based teacher meets the eligibility qualifications stipulated in the Labor Pension Act, the school shall contribute to their pension fund on a monthly basis in accordance with the provisions of the Labor Pension Act during the validity period of their employment contract.
Article 18
These Regulations shall take effect from the date of promulgation.
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