{{ $t('FEZ002') }} Personnel Office|
Please be informed that the Ministry of Education's letters dated March 28, 1997, Tai (86) Ren (1) Zi No. 86030517, June 5, 1997, Tai (86) Ren (1) Zi No. 86054323, October 6, 1999, Tai (88) Ren (1) Zi No. 88111715, and the Central Office of the Ministry of Education's letter dated September 13, 1999, Ba Ba Jiao Zhong (Ren) Zi No. 88530297, are no longer applicable as of the date of this notice.
Explanation:
1. In accordance with the Ministry of Education's letter Tai Jiao Guo Zi No. 1100061961 dated June 18, 2021.
2. Articles 14 to 16, 18, and 22 of the "Teacher Act" and Article 8 of the "Regulations for the Establishment of Teacher Review Committees in Senior and Below Secondary Schools" (hereinafter referred to as the "Regulations for the Establishment of Teacher Review Committees") clearly stipulate the resolution ratios for the Teacher Review Committee when deliberating on cases of teacher dismissal, non-renewal of contracts, suspension, and severance.
3. Article 3 of the Regulations for the Establishment of Teacher Review Committees stipulates: "(Paragraph 1) The committee shall consist of 5 to 19 members, whose composition is as follows: I. Ex officio members: (1) The principal, one person. ... (2) One representative from the parent-teacher association. (3) One representative from the school's teacher association. ... II. Elected members: Elected (nominated) by all full-time teachers. (Paragraph 2) Teachers who do not concurrently hold administrative positions or board memberships among the committee members shall not be less than one-half of the total number of committee members. ... (Paragraph 5) The total number of committee members, eligibility for election and being elected, ... shall be determined by the school and implemented after approval by the school affairs meeting." It does not specify that the teacher association representative on the committee must be a teacher who does not concurrently hold an administrative position. Furthermore, the eligibility for election as a committee member has been authorized to be determined by the school and implemented after approval by the school affairs meeting.
4. The Ministry of Education's letter Tai Ren (1) Zi No. 0920167966 dated November 24, 2003, states that the teacher association representative among the ex officio members of the Teacher Review Committee, who does not concurrently hold an administrative position or board membership, should be included in the count for the provision that "teachers who do not concurrently hold administrative positions or board memberships among the committee members shall not be less than one-half of the total number of committee members."
5. This interpretation is to be discontinued because it pertains to teacher association representatives on the Teacher Review Committee who are not permitted to be assigned administrative work, individuals on leave of absence who are not eligible for election (nomination) as committee members or alternate members, the consideration of increasing the resolution ratio of the Teacher Review Committee according to the school affairs meeting, and the exclusion of teacher association representatives from the count of teachers on the Teacher Review Committee who do not concurrently hold administrative positions or board memberships. These aspects are inconsistent with the current Teacher Act, the Regulations for the Establishment of Teacher Review Committees, and the existing interpretations, and therefore should be discontinued.
6. Attached are the original letters from the Ministry of Education and a "Table of Discontinued Interpretations of the Regulations for the Establishment of Teacher Review Committees in Senior and Below Secondary Schools," each in one copy.
人至19人,其組成方式如下:一、當然委員:(一)校長
一人。……。(二)家長會代表一人。(三)學校教師會
代表一人。……。二、選舉委員:由全體專任教師選
(推)舉之。(第2項)本會委員中未兼行政或董事之教
師,不得少於委員總額二分之一。……(第5項)本會委員
之總額、選舉與被選舉資格、……,應由學校訂定,經校
務會議通過後實施。」,未規範教評會委員中學校教師會
代表1人須未兼行政職務身分之教師始可擔任。另就擔任教
評會委員之被選舉資格業已授權學校訂定,經校務會議通
過後實施。
四、再查教育部92年11月24日台人(一)字第0920167966號書
函敘明,教評會當然委員中之未兼行政職務或董事之教師
會代表1人,自應列入「委員中未兼行政或董事之教師不得
少於委員總額之二分之一」之規定人數。
五、有關本函釋分別因規範教師會不可指派擔任行政工作之
教師擔任教評會之教師會代表、留職停薪等人員不宜被選
(推)舉為教評會委員或後補委員、衡酌教評會決議比例
依校務會議予以提高、及教評會中未兼行政或董事之教師
不包括教師會代表等事由,未合上揭現行教師法、教評會
設置辦法及函釋,應予停止適用。
六、檢附教育部原函及「高級中等以下學校教師評審委員會設
置辦法函釋停止適用一覽表」各1份。
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{{ $t('FEZ004') }} 2021-06-22|
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