Enhancement Measures on Teacher Appointment and Related Matters

Basic Principles of Teacher Appointment  Formulate explicit policies and procedures to select suitable candidates Open, fair and transparent  Verify from various sources and be stringent in the selection to safeguard students’ well-being Legitimate, reasonable and prudent

General Procedures on Teacher Appointment Schools should Formulate objective assessment criteria Conduct open recruitment Form an independent selection panel Consider all eligible applications Assess the suitability of applicants Keep a proper record of the assessment results Please refer to the relevant sections of Chapter 7 of School Administration Guide

Enhancement measures to prevent improper persons from serving as teachers Before Appointment Check the documents -Verify carefully the qualification documents of the applicants Certificate of Registration as a Teacher and Certificate of Service -Ensure the appointees not yet registered to apply for teacher registration before assumption of duties

Require the applicants to declare -Whether they have been convicted of any criminal offence(s) in Hong Kong or elsewhere -Whether their registration or permission status as a teacher has been cancelled/ refused ( in the job application form and/or other related documents ) Require Native English Speaking Teachers (NETs) directly employed by schools to produce a Certificate of No Criminal Conviction or other legitimate documentary proof issued by their countries of residence (Effective from the 2009/10 s.y.) Enhancement Measures (Cont’d)

Let the applicants know -Any criminal conviction may not necessarily render their applications unsuccessful -The consequences of refusing to provide the necessary information When the Sexual Offences Records Check is established, schools should adopt appropriate measures accordingly. Enhancement Measures (Cont’d)

Verify the information -With prior consent of the applicants, consult their previous employers about their job performance and the reason(s) for leaving, if deemed necessary -Require the applicants to apply to EDB for releasing their registration information to the school in case of doubt Enhancement Measures (Cont’d)

-State in the conditions of services  The consequences of intentionally providing false information/ withholding any material information  The obligation to report to the school forthwith any criminal proceedings against them after appointment Enhancement Measures (Cont’d)

After appointment Professional Conduct Convey to all staff the expectations regarding their conduct and performance on a regular basis through a variety of channelsDeclaration/report Require teachers to report to the school if criminal proceedings are instituted against them

Enhancement Measures (Cont’d)  Report to EDB serious offence or act of misconduct allegedly committed by a teacher when such comes to notice  Specify in the Certificate of Service the reason(s) for leaving, for reference of other schools (applicable to all staff) Disciplinary measures  Suspend a teacher from duties, if deemed necessary, in case where criminal proceedings of a serious nature are instituted against him/her

Summary (Verify from various sources and be stringent in the selection) About to appoint Qualifications & Eligibility Formulate the procedures and assessment criteria Conduct & Experience Prepare contracts State expectations/ professional conduct Promptly report /seek support Require teachers to Declare Consent/ Apply Previous employers EDB Cross-check with Appointed

~ End ~

Enhancement Measures applicable to 1. Teachers: Temporary/ contract/ part-time/ daily-rated supply teachers NETs Teachers paid out of cash grants, etc. 2. Non-teaching staff: Staff employed on whatever terms Coaches/ instructors leading extra-curricular activities Teaching assistants, etc. 3. Service providers: Personnel deployed to work in schools

Declarations to be made in the job application form and/or other related documents 1(for reference) Declaration on any record of criminal conviction or cancelled/refused registration or permission status as a teacher Have you ever been convicted of any criminal offence(s) in Hong Kong or elsewhere [excluding any record(s) of conviction regarded as “spent” under the Rehabilitation of Offenders Ordinance] ? Yes  No  Has your registration or permission status as a teacher been cancelled/refused by the Education Bureau ? Yes  No  If yes, please provide the details:_______________________ Any criminal conviction may not necessarily render job applications unsuccessful.

The consequences of refusing to disclose the necessary information and intentionally providing false information/ withholding any material information For example, the applicants will declare: I understand that if I fail to provide the necessary information, my job application will not be considered. I understand that if I intentionally provide false information/withhold any material information, it will render me liable to disqualification for employment, or to termination of employment if already employed by the school. Declarations to be made in the job application form and/or other related documents 2(for reference)

Brief on Sexual Offences Records Checks Recommendations by Law Reform Commission (LRC) Establish a mechanism on Sexual Offences Records Checks Apply to employees who undertake work relating to children or mentally-incapacitated persons Not mandatory Initiated by job applicants Only cover prospective employees in the initial phase Mechanism to be implemented next year the soonest

Declarations to be made in the job application form and/or other related documents 3(for reference) Authorization by the applicants to the school for consulting their previous employers about their job performance and/or reasons for leaving I consent/do not consent to the ABC School making enquiries, for the purposes relating to recruitment and appointment, to my current/ previous employers about my job performance and/or reasons for leaving.

Revised Sample of Conditions of Services Including “Disclosure of Information”: A teacher should report to the school forthwith any criminal proceedings against him/her after appointment. A teacher will be liable to disciplinary action if found to have intentionally provided false information to/ withheld any material information from the school.

Revised Sample of Certificate of Service Including “Reason(s) for Leaving” ： Resignation due to personal reasons Expiry of contract Dismissal Summary dismissal