The Origin and the Historical Status
After the government of the Republic of China moved to Taiwan in 1949, the student disciplinary and guidance work in campuses was followed in accordance with the revised Guidelines of Disciplinary Education, which were announced in June 1952. The policy orientation emphasized that regulations were prioritized rather than flexibility, and so discipline was also prioritized over guidance work. After the 1980’s, student affairs were transformed from discipline and management into student services and promotional development. To respond to the requirements of social developments, student guidance work was promoted. The 6-Year Project of the Ministry of Education Student Guidance Work was announced in February 1991, which was aimed at promoting student guidance work through supporting measures.
In June 1997, the Youth Guidance Work Project was announced. In July 1997, the Guidelines of Disciplinary Education was announced to be ceased. The former strengthened the implementation of missions as follows: mental health education in campuses, the reentry guidance work for dropout students, human rights education, character education, life education, gender equality education, judicial education, and the enforcement of schools’ functions in managing student affairs.
The Promotion Work of Positive Disciplinary Practices and Life Education in Campuses
In 2001, the MOE Promotional Medium Project of Life Education was announced. In 2010, the MOE Medium Project of Life Education was established and announced in order to continuously carry out the life education. In March 2014, the MOE Promotional Program of Life Education was established and announced. In 2015, the MOE Life Education Center was established. In 2018, the MOE Medium Project of Life Education (Academic Year 107-110) was revised and announced, including 3 major dimensions of organizing the implementation work that education administrative authorities and schools at all levels should undertake. The 3 dimensions were as follows: the development and promotion of policies, course teaching and teacher cultivation, research development and connection with the international world.
In 2004, the Promotional Program of Character Education was established and announced. On March 10, 2014, the content of this program was revised, and the program aimed at implementing and cultivating the core values of character education and that of the maxims, so as to refine the depth and breadth of the character education implementation. In 2005, the Friendly Campuses Comprehensive Building Up Project was established, and in 2012 it was renamed as the MOE Promotion Friendly Campuses Comprehensive Building Up Project.
In 2007, the Notice Items of School Regulations on Teacher Managing Student Guidance and Related Measures, the Notifications of School Implementing Student Guidance and Management by Teachers, and the MOE Promotional Project of Positive Disciplinary Education in Campuses were announced. On May 20, 2016, the revised Notice Items of School Regulations on Teacher Managing Student Guidance and Related Measures was announced, where content such as “Schools should not utilize regulations of students’ dress codes and hair bans as evidence for giving punishments” was increased, in order to promote positive disciplinary education policy.
The Promotion of Gender Equality Education
In 2004, the Gender Equity Education Act was declared. In 2005, the Regulations on the Prevention of Sexual Assault and Sexual Harassment on Campus, as well as Regulations of Independent Student Guidance and Care for Pregnant Students were published. In 2010, the White Papers of Gender Equity Education were released, which significantly demonstrated and fulfilled the regulations and spirit of the Gender Equity Education Act. In 2011, certain articles of the Gender Equity Education Act were revised, and the definition of sexual bullying was enhanced. In addition, on May 24, 2012, the Regulations on the Prevention of Sexual Assault, Sexual Harassment, and Sexual Bullying on Campus were revised and declared, in order to assist schools at all levels in enhancing the efficiency of reporting and managing incidents of sexual assault, sexual harassment, and sexual bullying on campuses.
On December 11, 2013, the amendment of Article 25 in the Gender Equity Education Act was declared. Except for the original punishment measures regulated such as formal reprimand, demerit, dismissal, suspension, non-renewal of contract, discharge from employment, termination of a contractual relationship, termination of a service relationship, the regulation of “some other appropriate penalty on the offender” was enhanced, for the purpose of strengthening the effect of punishment to the offenders of sexual assault, sexual harassment, and sexual bullying on campuses, as well as pertaining to the purpose of deterrence. In August 2015, the Regulations of Maintaining Pregnant Students’ Rights to Education, Guidance and Assistance were revised and published, to assist schools in implementing the maintenance of pregnant students’ rights to education. On December 27, 2018, Article 27-1 of the Gender Equity Education Act was enhanced, in which Article 21, Article 24, Article 25, Article 27, Article 28, Article 30, and Article 36 were revised. The aforementioned enhanced and revised articles of this Act aimed at strengthening campus prevention systems of inappropriate working members, preventing students from being labeled, clarifying the regulations of investigation team members, meeting practical requirements, and enhancing related punishments and regulations.
The Fulfillment of Student Guidance Work
In 2011, the Regulations of Establishing Full-time Professional Counseling Members in Elementary Schools, Junior High Schools, and Municipality, County, and City Governments, as well as the Implementation Regulations of MOE Providing Subsidies to Elementary Schools, Junior High Schools, and Municipality, County, and City Governments for Establishing Full-time Professional Counseling Members were established for providing all city or county governments with subsidies to found student guidance and counseling centers. It was estimated to augment 530 full-time professional counseling members for providing services of professional guidance, counseling, and resources transfers. On December 6, 2017, the Act for Education Development of Schools in Remote Areas was declared, which provided the legislative resources for establishing full-time counseling members or social workers in junior high schools located in remote and isolated areas.
In addition, regarding full-time counseling teachers, the Implementation Regulations of MOE Providing Subsidies to Elementary and Junior High Schools for Establishing Full-time Counseling Teachers were revised and announced. According to Article 10 of the Primary and Junior High School Act: 1. Primary schools with 24 or more classes shall employ one guidance counselor. 2. Every junior high school shall employ one guidance counselor. Schools with 21 or more classes shall employ an additional counselor. These regulations came into effect on August 1, 2012, and should be successively implemented over five years. The financial resources required to employ the full-time professional counselors referred to in these regulations should be subsidized by the Ministry of Education based on practical requirements.
The aforementioned regulations aimed at providing sufficient full-time counseling teachers in junior high schools where more students study. It was estimated to augment 2,084 full-time counseling teachers in total in our nation, including 794 teachers in elementary schools, and 1,290 teachers in junior high schools. On November 12, 2014, the Student Guidance and Counseling Act was established and announced. Regarding the arrangement of full-time counseling teachers in Article 10 of this Act, since August 1, 2017, the increase of counseling teachers would be successively implemented every year, and be reviewed once every five years. Therefore, the Implementation Regulations of the K-12 Education Administration, Ministry of Education Providing Subsidies to Elementary and Junior High Schools for Establishing Counseling Teachers were established, which regulated that by the academic year 120, the number of counseling teachers should be increased.
On October 29, 2014, the Regulations of MOE Providing Subsidies to Colleges and Universities for Establishing Full-time Professional Counseling Members were declared. On November12, 2014, the Student Guidance and Counseling Act was established and announced. Regulations related to student guidance work in all sorts of laws and regulations were thus organized, which offered complete legislative resources to the following dimensions: specific responsible units for student guidance and counseling in schools at all levels, qualifications for counseling members, related members’ professional backgrounds, and the designated budgeting.
On August 20, 2015, it was revised that full-time and part-time professional counseling members in colleges and universities were offered subsidies. On October 15, 2015, the Implementation Regulations of Student Guidance and Counseling were established and announced, which regulated details, techniques, procedures, and related affairs of implementing the Student Guidance and Counseling Act. On December 8, 2015, the Student Transferring Guidance and Service Regulations were established and announced, which regulated the measures of schools at all levels providing students with comprehensive and continuous transfer guidance and services, and consequently enabled student guidance requirements at all educational stages to be connected.
In addition, on January 26, 2017, the Ministry of Education established and announced the Notifications of Student Transfer Guidance, Services, and Reports, which clearly regulated the procedure of student transferring guidance services, offered to schools at all levels as a standard to follow, and to continuously provide transfer guidance and services. On August 22, 2017, the Regulations of Establishing Professional Counseling Members in Elementary, Junior High, Senior High Schools and their Authorities were revised and declared, in which the Protection of Children and Youths Welfare and Rights Act was enhanced as its legislative resource. The target groups of the aforementioned regulations were students under the age 18 with official student registration, and children of age 2 and above studying in preschools. On August 23, 2017, the Reports and Guidance Services Regulations of Non-registered and Dropout Students in Elementary and Junior High Schools were revised and announced for the following 3 purposes:
1. Efficiently carrying out the report and reentry guidance systems of dropout students in elementary and junior high schools,
2. Strengthening guidance work especially for dropout students, students who irregularly dropout and reenter, students highly in need of care, and students with difficulties to adapt themselves, and
3. Ensuring the rights to education of people of our nation at appropriate ages.
The Promotion Work of Human Rights
On July 20, 2018, the,3rdNational Report and Foreign Experts Review & Presentation Meeting on the Convention on the Elimination of all Forms of Discrimination Against Women (abbreviated CEDAW) was implemented. 73 conclusive opinions and suggestions were openly published, including 22 items of opinions and suggestions related to education administration. In November 2016, the National Report on the Convention on the rights of the Child (abbreviated CRC) was proposed for the first time. Through the National Report Review Meeting in November 2017, conclusive opinions, and related administrative affairs were completed. In December 2018, the CRC First National Report International Review and Conclusive Opinions (including the Table of Authorities’ Responsive Actions to the Conclusive Opinions) was thus finalized. Regarding the right to participate, the right to privacy, the right to life, the right of physical autonomy, and other fundamental students’ rights, the Ministry of Education had researched on planning a more clear administrative guidance to enable schools and teachers to follow, and to comprehensively prevent any discouraging punishments or inappropriate disciplinary measures.
In December 2016, the National Report on the Convention on the Rights of Persons with Disabilities (abbreviated CRPD) was proposed for the first time. From October 30, 2017 to November 3, 2017, the international reviews were held and conclusive opinions were proposed. Through numerous discussions with various sectors, the government finalized the responsive table to the conclusive opinions, in which the key points for education were as follows: equality, no discrimination, integrated education, full participation, common design, and reasonable adjustment. Additionally, on June 29, 2018, the Ministry of Education reported the CRPD promotional condition at the project meeting of the Human Rights Committee in the Office of the President.
The Eight Main Rights of Students
In August 2017, the Ministry of Education published the Students’ Rights Investigation Report in Public and Private Colleges and Universities in order to attain the following purposes.
1. Assisting all colleges and universities in our nation to understand, fulfill, and ensure students’ rights
2. Guiding students to comprehensive healthy growth and development
3. Creating open, diverse, healthy, and friendly campus environments which care about students’ rights
4. Maintaining students’ rights.
There were 8 dimensions in the investigation report.
1. Students’ self-governing
2. Rights to learning and to education
3. The freedom of performances
4. The freedom of religious beliefs
5. Right to privacy
6. Equal insurance
7. Students’ awards and punishment appeals
8. Students’ right to labor.
According to statistics, the structures of ensuring students’ rights systems in all colleges and universities in our nation have currently been finalized, and the average completion rate of indexes is 87.52%. To ensure students’ rights, in addition to the ongoing active management, the Ministry of Education has proposed review and improvement strategies, offered as references for bettering policies related to students’ rights. To those units which do not achieve the index independently, the responsible authorities will be demanded to actively organize related affairs; students can also propose efficient improvement measures to the problems.