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Laws and Regulations

Regulations Governing Mixed-ability Class Grouping and Formation of Learning Groups in Elementary and Junior High Schools

Announced Date:2009-07-14
Article 1
These Regulations have been formulated in accordance with the provisions of Paragraph 2 of Article 12 of the Primary and Junior High School Act.
 
Article 2
Class grouping and the formation of learning groups at public and private elementary schools and junior high schools (hereunder referred to as "elementary and junior high schools") are both subject to the provisions of these Regulations, unless other provisions of the Special Education Act, the Arts Education Act, or other laws apply.
 
Article 3
The terms used in these Regulations are defined as follows:
1. Mixed-ability class grouping: refers to, in principle, randomly allocating students in the same grade to a class that will be their class in the grade.
2. Formation of learning groups: refers to taking into account that students in each class have different characteristic learning achievements, interests, aptitude, and abilities, and forming groups, each of which consists of students with similar characteristics, to implement adaptive or individualized learning.   
  
Article 4
Elementary schools and junior high schools shall implement mixed-ability class grouping in all grades.
Elementary schools and junior high schools shall maintain the initial class grouping in all grades. However, this restriction does not apply to third grade and fifth grade of elementary school, or if the number of classes is increased or reduced.
 
Article 5
Each special municipality, city, and county government shall set up an elementary and junior high school class grouping promotion committee (hereunder referred to as the “class grouping promotion committees”) to be responsible for promoting mixed ability class grouping at elementary and junior high schools.
The class grouping promotion committees referred to in the preceding paragraph shall have between 11 and 17 members, one of whom shall be the chairperson. The chairperson’s position shall be assumed by the Director-General of the Education Department or Education Bureau, as appropriate. The other committee members shall be Education Bureau personnel, elementary and junior high school principals, representatives of local teachers associations, representatives of parents associations, and scholars and experts. The number of representatives of local teachers associations and the number of representatives of parents associations are each not permitted to be less than one-third of the total number of committee members. 
The class grouping promotion committees referred to in Paragraph 1 shall have one executive secretary. The chairperson shall designate a section chief, division chief, or senior inspector at the local Education Department or Education Bureau to take on this responsibility.
 
Article 6
The allocation of students to classes in elementary and junior high schools shall be conducted by the special municipality, city, or county government, or by a school designated by that government, or by each school that has been given approval to handle class grouping itself. The class grouping methods are as follows:
  1. Incoming junior high school students may be allocated to a class that will be their class in the grade by: giving the students a test then forming each class using an S-sequence listing of all the test scores, a public drawing of lots, or using computer random number generation. If any incoming student or transfer student enrolls after the classes have been formed, the unit that handled the initial class grouping shall allocate each such a student to a class that will be their class in the grade by a public lot drawing.
  2. Incoming elementary school students may be allocated to a class that will be their class in the grade by: a public drawing of lots, or using computer random number generation. If any incoming student or transfer student enrolls after the classes have been formed, the unit that handled the initial class grouping shall allocate each such a student to a class that will be their class in the grade by a public lot drawing.
  3. If it is necessary to once again undertake class grouping of the second, fourth, or sixth grade of an elementary school and of the eighth or ninth grade of a junior high school, because a school has an increased or reduced number of classes, or if an elementary school needs to once again undertake class grouping of its third grade, or fifth grade, it may allocate the students to a class in their grade by giving the students a test then forming each class using an S-sequence listing of all the test scores, by a public drawing of lots, or using computer random number generation. If any transfer student enrolls after classes have been arranged, the unit that handled the initial class grouping shall allocate such a student to a class that will be their class in their grade by a public lot drawing.
If an elementary or junior high school handles the class grouping of its incoming students itself, as referred to in Subparagraph 1 or Subparagraph 2 of the preceding paragraph, the school shall publicly announce beforehand when the class grouping will occur and it shall also notify all the parents of the incoming students that they may attend the class grouping process as observers. The special municipality government or city (county) government shall send personnel to each school to supervise the process.
As soon as the allocation of students to each class has been completed, the school shall immediately make namelists of the students in each class (including each student’s full name and allocated class) publicly available within the school community for at least 15 days, and within seven days from the day the namelists are made public, the school shall assign a homeroom teacher (grade teacher) to each class by a public drawing of lots. The school shall invite representatives of the teachers association at that school (or representatives of the teachers of each grade, if there is no teachers association at that school), and representatives of the parents association to attend when the public lot drawing takes place.  

Article 7
As soon as the assignment of homeroom teachers has been completed, the school shall immediately make the details publicly available within the school community for at least 15 days. The school shall also update its records at any time that any change to the students enrolled in any class or grade occurs during a semester and make the details publicly available within the school community for at least 15 days.
Elementary and junior high schools shall carefully retain records of the details of the mixed-ability class grouping and homeroom teacher assignment process related test scores, computer random number generation lists, lot drawing to assign homeroom teachers, and class grouping results, for future reference for at least three years. 
 
Article 8   
In principle, the formation of learning groups in elementary and junior high school shall be undertaken within individual classes in each grade. However junior high schools may combine eighth grade students and ninth grade students from two or three different classes into groups, on the basis of their learning characteristics, to implement the formation of learning groups within the grade, for the subjects listed below:
  1. Junior high schools may implement the formation of learning groups by combining eighth grade students from two or three different homeroom classes to learn English, and Mathematics category subjects respectively.
  2. Junior high schools may implement the formation of learning groups by combining ninth grade students from two or three different homeroom classes to learn English, Mathematics, Natural Sciences, and Technology category subjects. Mathematics, Natural Sciences, and Technology category subjects may be treated as being in one subject category.
The school shall invite representatives of the teachers association at that school (or representatives of the teachers of each grade concerned, if there is no teachers association at that school), representatives of the parents association, and school administrative personnel to jointly formulate a plan for the implementation of the forming of learning groups within the grades referred to in the preceding paragraph and submit their plan to the special municipality, city, or county government for reference.
 
Article 9
When elementary and junior high schools organize clubs and activities, they may do so without being subject to the limitations set out in these Regulations; students from different grades and different classes may participate freely in such clubs and activities, in order to develop their diverse abilities and enhance their learning outcomes.
 
Article 10
Each special municipality, city, and county government and each school shall adopt specific measures to strengthen communication with teachers, parents, and students, to assist them to understand the spirit informing the mixed ability class grouping and formation of learning groups that the school is implementing, and the implementation measures it is using, to ensure that all students are able to achieve good learning results.
 
Article 11
The class grouping promotion committees shall plan an evaluation system and evaluate the results of the implementation of the mixed-ability class grouping by each elementary and junior high school and shall prepare a report by the end of each school year.
On the basis of the evaluation reports referred to in the preceding paragraph, the mixed ability classes promotion committees may recommend their respective special municipality, city, or county government to provide awards for, or take disciplinary measures against, individual schools in the light of the results of each school’s implementation of mixed ability classes.
 
Article 12
Details of the implementation of mixed-ability class grouping and group learning by public elementary and junior high schools shall be included as major items to be referred to when conducting school evaluations, performance assessments of principals, and the selection of principals. If a school violates the provisions of these Regulations, the principal and any personnel of the school who were involved shall be subject to disciplinary action in accordance with the provisions of the related ordinances.
If a private elementary or junior high school violates the provisions of these Regulations, the special municipality, city, or county government shall immediately deal with the violation in accordance with the provisions of the Private School Law and relevant regulations.
 
Article 13
In order to implement matters related to the provisions of these Regulations, special municipality, city, and county governments may separately formulate supplementary regulations and submit them to the Ministry of Education for reference.
 
Article 14
These Regulations shall come into effect on the date of promulgation.
 
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