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友善列印

 
學生事務與輔導 -Student Affairs and Guidance
緣起與歷史軌跡
  中央政府遷臺後,係依據41年6月修正頒布之〈訓育綱要〉推動學校訓導工作,其政策屬性為管制重於開放,訓導重於輔導。70年代以後,學務工作由訓導管理轉型為學生服務與促進發展;因應社會發展之需要推動輔導工作,於80年2月函頒〈教育部輔導工作六年計畫〉,以計畫性之措施,帶動輔導工作發展。

  86年6月函頒〈青少年輔導計畫〉,並於同年7月函停止適用〈訓育綱要〉,以加強辦理校園心理衛生教育、中輟學生復學輔導、人權教育、品德教育、生命教育、性別平等教育、法治教育及強化學校學務功能等為主。

推動校園正向管教及生命教育等工作
  90年函頒〈教育部推動生命教育中程計畫〉,99年訂頒〈教育部生命教育中程計畫〉,以持續落實生命教育,103年3月訂頒〈教育部生命教育推動方案〉,104年設置「教育部生命教育中心」。107修訂發布〈教育部生命教育中程計畫〉(107學年度-110學年度),以政策發展與推動、課程教學與師資培育、研究發展與國際接軌3大面向規劃教育行政機關及各級學校應辦理之工作項目。

  93年訂頒〈品德教育促進方案〉,並於103年3月10日修正函頒方案內容,著重「品德核心價值」與「行為準則」之實踐及深耕,以提升品德教育實施的深度與廣度。94年訂定〈友善校園總體營造計畫〉,並於101年修正為〈教育部推動友善校園計畫〉。

  96年頒布〈學校訂定教師輔導與管教學生辦法注意事項〉、〈學校實施教師輔導與管教學生辦法須知〉、〈教育部推動校園正向管教工作計畫〉,並於105年5月20日修正函頒〈學校訂定教師輔導與管教學生辦法注意事項〉內容,增列「且學校不得將學生服裝儀容規定作為處罰依據」等文字,積極推動正向管教政策。

推動性別平等教育
  93年公布〈性別平等教育法〉、94年發布〈校園性侵害或性騷擾防治準則〉及〈學生懷孕事件輔導與處理要點〉;99年公布〈性別平等教育白皮書〉,具體落實〈性別平等教育法〉規定與精神。100年公布〈性別平等教育法〉部分條文修正案,增訂性霸凌定義。101年5月24日再修正發布〈校園性侵害性騷擾或性霸凌防治準則〉,以協助各級學校提升校園性侵害、性騷擾或性霸凌事件之通報與處理效能。

  101年5月24日再修正發布〈校園性侵害性騷擾或性霸凌防治準則〉,102年12月11日公布〈性別平等教育法〉第25條修正案,除明定懲處之方式為申誡、記過、解聘、停聘、不續聘外,並增列「其他適當之懲處」規定,以強化校園性侵害、性騷擾或性霸凌事件加害人之懲處效果,並達嚇阻之目的。104年8月修正發布〈學生懷孕受教權維護及輔導協助要點〉,用以協助學校更落實維護懷孕學生受教權。107年12月27日公布〈性別平等教育法〉增訂第27條之1條文,並修正第21條、第24條、第25條、第27條、第28條、第30條及第36條條文,以強化校園防堵不適任人員之機制、使學生免於被標籤化、調查小組成員規定更明確並符合實務需求及增列相關罰則。

落實學生輔導工作
  100年訂定〈國民小學國民中學及直轄市縣(市)政府置專任專業輔導人員辦法〉及〈教育部補助國民小學國民中學及直轄市縣(市)政府置專任專業輔導人員實施要點〉,補助各地方政府成立學生輔導諮商中心,預計置530名專任專業輔導人員員額提供專業輔導諮商及資源轉介服務,106年12月6日公布〈偏遠地區學校教育發展條例〉,提供偏遠地區國中另置專業輔導人員或社會工作人員法源依據。

  此外,專任輔導教師部分,修頒〈教育部補助國中小增置輔導教師實施要點〉,依〈國民教育法〉第10條規定,自101年8月起,於5年內,補助各地方政府24班以上國小、各國中編制專任輔導教師(21班以上之國中需再增置1人),以充實學生人數較多之國中小專任輔導教師人力,全國預計增加2,084名(國小794人、國中1,290人)專任輔導教師。103年11月12日制定公布〈學生輔導法〉,第10條有關專任輔導教師設置部分,自106年8月1日起逐年增加,並每5年檢討1次,爰配合訂定「教育部國民及學前教育署補助置國中小輔導教師實施要點」,明定至120學年度止應增置專任輔導教師員額數。

  103年10月29日頒布〈教育部補助大專校院設置專業輔導人員要點〉,103年11月12日制定公布〈學生輔導法〉,將各類法規中的學生輔導工作相關規定,加以整合,使各級學校輔導專責單位、人員資格、專業背景和經費編列等方面,有完整的法源依據。

  104年8月20日修訂補助大專校院聘用專兼任專業輔導人員,104年10月15日訂頒〈學生輔導法施行細則〉,規範〈學生輔導法〉施行之細節性、技術性、程序性事項;104年12月8日訂頒〈學生轉銜輔導及服務辦法〉,規範各級學校提供學生整體性與持續性轉銜輔導及服務之方式,使各教育階段學生輔導需求得以銜接。

  另教育部於106年01月26日訂頒〈學生轉銜輔導及服務通報注意事項〉,明定學生轉銜輔導及服務流程,供各級學校據以遵循,持續提供轉銜輔導及服務。106年8月22日修正發布〈高級中等以下學校及各該主管機關專業輔導人員設置辦法〉,增列兒童及少年福利與權益保障法為該辦法之法源依據,並明定輔導人員服務對象為未滿18歲具正式學籍之學生及2歲以上就讀幼兒園之幼兒。106年8月23日修正發布〈國民小學與國民中學未入學或中途輟學學生通報及復學輔導辦法〉,以有效落實國中小中途輟學學生通報及復學輔導機制,並強化中途輟學、時輟時復、高關懷及適應困難學生之輔導工作,保障適齡國民就學權益。

推動人權工作
  我國於107年7月20日辦理CEDAW第3次國家報告國外專家審查暨發表會議完竣,並公開發表73點結論性意見與建議,其中事涉教育部業管之結論性意見與建議計有22項。另CRC兒童權利公約首次國家報告於105年11月提出,歷經106年11月國家報告審查會議及結論性意見分工等相關行政作業,於107年12月完成「兒童權利公約首次國家報告國際審查結論性意見-各權責機關落實結論性意見後續行動回應表」,教育部針對兒童權利公約中有關表意權、隱私權、生命權、身體自主權及學習權等學生基本權利,研擬訂定更為明確之行政指導,俾使學校及教師遵行,杜絕繞道處罰或不當管教措施。

  身心障礙者權利公約(CRPD)首次國家報告於105年12月提出,於106年10月30日至11月3日舉辦國際審查並提出結論性意見,經各界多次研商,政府擬定結論性意見回應表,在教育上之重點為平等不歧視、融合教育、充分參與、通用設計、合理調整等方面;此外,於107年6月29日在總統府人權諮詢委員會專案報告身障礙者教育權益保障推動情形。

學生八大權利
  教育部為協助全國大專校院瞭解與落實保障學生權利,引導學生健全成長與發展,營造多元開放、健康友善與重視學生權利之校園,於106年8月公布「公私立大專校院校園學生權利調查報告」,以維護學生權利。調查報告分為8大向度,分別為:一、學生自治、二學習與受教權、三、表現自由、四、宗教信仰自由、五、隱私權、六、平等保障、七、學生獎懲申訴、八、學生勞動權益,統計資料顯示,目前全國大專校院對於學生權利保障在制度面的架構多已建置完成,平均指標達成率為87.52%,基於保障學生權益,教育部除積極正視,提出檢討改進策略,提供作為學生權利政策之改進參考外,對於個別指標未達成者,將責成各權責單位積極研議規劃,亦請學生可針對問題提出有效改善措施。

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, 3rd National 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.

最後更新日: 2019/11/19


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