Teacher qualification caused by right eye prosthetic eye without eyeball is not recognized. Kindergarten teachers sue Education Bureau.
Recently, Wang Li (a pseudonym), a kindergarten teacher in Yiwu, Zhejiang Province, took Jinhua Education Bureau and Yiwu Education Bureau to court because of "no eyeball in the right eye".
It is understood that up to now, there is no unified physical examination standard for teacher qualification in China, which leads to different standards in different places, and the physical examination standards in some provinces are accused of discriminating against disabled people.
People with disabilities encounter "many obstacles" in taking the teacher qualification certificate.
In 2012, Wang Li came to work in the kindergarten where she is currently working. She is mainly responsible for teaching classes, teaching children to sing, dance and draw, and organizing children to do activities. So far, Wang Li has been engaged in teaching children for 8 years.
In February, 2015, Wang Li, who got the junior college diploma, applied for the exam of Kindergarten Teacher Qualification Certificate. In June 2016, Wang Li learned that her written test and interview had all passed. On July 2nd, Wang Li came to Yiwu Hospital of Traditional Chinese Medicine as required to participate in the physical examination of teacher qualification.
To her surprise, however, she was judged to be "unqualified" because of "the right eye has no eyeball" in the vision examination item of the physical examination form. Three days later, she received a phone call from Yiwu Education Bureau and was told that her teacher qualification could not be recognized because her physical examination failed to meet the standard. On July 14th, Wang Li submitted to the Education Bureau of Yiwu "On the Request for Legal Issuance of ‘ Kindergarten teacher qualification certificate ’ In the written reply of Yiwu Education Bureau, Wang Li got the response that "according to the physical examination conclusion of the hospital, our bureau can’t issue your teacher qualification certificate".
Yinling Du had a similar experience with Wang Liyou. Yinling Du is a deaf person in Chengdu. After graduating from the School of Special Education of Beijing Union University in 2010, she has been engaged in sign language research and teaching, and served as a host in sign language programs, teaching sign language online for free.
Last October, Yinling Du took the teacher qualification examination in Sichuan Province. After passing the written test with high scores, she was unable to qualify for the interview because of hearing impairment. "I can’t hear you. Without a Putonghua certificate, I can’t take the exam."
Wang Ying, who is totally blind in Tianjin, was turned away at the first step of applying for the teacher qualification certificate. Last year and this year, she went to the Education Bureau of Jinghai District of Tianjin twice to consult about applying for the teacher qualification certificate, and was told that she could not apply for the exam because she could not provide braille papers.
At the beginning of November this year, Wang Ying submitted an application letter for the teacher qualification examination to the China Association for the Blind, hoping to take the barrier-free teacher qualification examination. However, after consulting with the China Association for the Blind and the local education department, Wang Ying got the same reply.
Liu Xiaonan, an associate professor at the Constitutional Research Center of China University of Political Science and Law, said: "If you are competent for the job, but you are not hired because of your disability, it is suspected of disability discrimination."
Some provisions of medical examination standards in various provinces are frequently controversial.
Wang Li told China Youth Daily and Zhongqing Online reporter that after learning that her physical examination was "unqualified", she began to pay attention to the medical examination regulations for applying for teacher qualification. What makes her feel incomprehensible is that although the Ministry of Education has put forward unified reference regulations for the physical examination items formulated by various provinces, the physical examination standards in different provinces are very different. People who are blind in one eye like her are qualified in Fujian, Guangzhou and other provinces.
On December 2nd, Wang Li mailed the Application Form for Government Information Disclosure to 31 provincial education administrative units in the country by registered mail, "requesting to disclose what specific regulations your province (autonomous region, municipality) referred to when formulating the physical examination items (standards) for applicants for teacher qualification" and "please disclose the full text of the documents referred to". According to the Regulations of the State Council on the Openness of Government Information, all units must give a written reply to Wang Li within 15 working days after receiving the application form.
The reporter learned that at present, the physical examination standards for applicants for teacher qualifications in various provinces and cities in China are formulated by the education administrative departments of the provincial people’s governments. Mainly based on the "Measures for the Implementation of the Regulations on Teacher Qualification" promulgated by the Ministry of Education in the form of a ministerial order on June 22, 2000. Article 13 of this method stipulates: "Physical examination items shall be stipulated by the education administrative department of the provincial people’s government, which must include ‘ Infectious diseases ’ ‘ History of mental illness ’ Project. Apply for the qualification of kindergarten and primary school teachers, with reference to the relevant provisions of the "secondary normal school enrollment physical examination standards"; If you apply for the qualification of teachers in junior high schools and above, it shall be implemented with reference to the relevant provisions of the "Physical Examination Standards for Enrollment of Higher Normal Schools". "
However, there are many restrictive clauses on the five senses and face that do not involve teaching ability, and there are also specific requirements for vision and hearing, which have long been accused of discrimination.
The reporter found that in the physical examination standards for applicants for teacher qualifications formulated by most provinces, physical disabilities such as inability to exercise two upper limbs or two lower limbs, unequal length of lower limbs, and scoliosis are considered unqualified. Patients with abnormal facial features, large facial scars, hemangioma or vitiligo are also excluded.
The physical examination standards in some provinces even require the height and weight of applicants: Sichuan and Jiangxi have stipulated that "the height of men is less than 160 cm and the height of women is less than 150 cm; Men weighing less than 45 kg and women weighing less than 40 kg are considered unqualified; Guangxi once stipulated that "a man whose height is below 155 cm and a woman whose height is below 150 cm cannot be recognized as a teacher".
In 2013, Guangdong Province revised the physical examination standards for teachers’ qualification applicants for the third time. Compared with the revised edition of this standard in 2011, it is found that various "unqualified" clauses in the new regulations have been reduced from 21 to 15. Among them, the most striking thing is that the clause of "unqualified" of various sexually transmitted diseases and AIDS in the original article 13 was deleted; In addition, for some disabled groups such as limbs, vision and hearing, the new regulations have also lifted restrictions. The new regulations have greatly liberalized these restrictions and won wide acclaim.
Ensuring equal employment for the disabled needs the support of physical examination standards.
On August 15, 2013, the Ministry of Education expanded the reform of the qualification examination and regular registration system for primary and secondary school teachers, and promulgated the Interim Measures for the Qualification Examination for Primary and Secondary School Teachers. The third requirement for the application conditions is "meeting the medical examination standards for applying for teacher qualification". In the past three years, the qualification of primary and secondary school teachers has achieved the national unified examination, but the "national standard" of physical examination has never been seen, and the problem of inconsistent physical examination standards in various provinces continues. For example, people with disabilities who can obtain teacher qualifications in Guangdong may not pass the certification in other provinces.
In response to the above problems, the reporter sent a letter to contact the Ministry of Education and has not received a reply as of press time. Liu Xiaonan believes: "The unified formulation of medical examination standards by the Ministry of Education cannot ensure that there are no discriminatory provisions."
The reporter learned that on August 4, 2016, the Ministry of Education issued the "Ministry of Education’s Reply to Recommendation No.9428 of the Fourth Session of the 12th National People’s Congress" in its official website, saying that there is no special education teacher qualification in the current teacher law, and the law cannot temporarily increase the qualification type of special education teachers. However, the Ministry of Education attaches great importance to the professional access of special education teachers and explores the inclusion of special education-related content in the qualification examination standards and examination syllabus for primary and secondary school teachers. The Ministry of Education is actively exploring the relevant institutional measures for people with visual disability, hearing disability (including hearing combined with speech disability) and speech disability to take the teacher qualification examination and apply for teacher qualification recognition, so as to accumulate experience for national promotion.
"The Law on the Protection of Disabled Persons prohibits disability discrimination, requires reasonable accommodation, and guarantees equal employment for disabled persons, which requires the support of medical examination standards. At present, the physical examination standards are not uniform in different places, and the formulation procedures have not listened to the opinions and opinions of relevant groups, such as groups with different disabilities, nor have they been scientifically demonstrated in various fields including public health, law and social work. In general, this is contrary to the relevant provisions of the Law on the Protection of Disabled Persons and the Employment Promotion Law. " Zhou Wei, a professor at the Law School of Sichuan University, believes that these requirements and restrictions formulated by some provincial and municipal education departments are unreasonable discrimination and violate the relevant provisions of China’s Law on the Protection of Disabled Persons and the Employment Promotion Law.
In Zhou Wei’s view, it is also of great significance for educational institutions at all levels to employ disabled people as teachers or teaching assistants. "If primary school students see disabled people normally, they will realize that disabled people are members of our society from an early age, and they need social respect and convenience, and they are also the wealth of our society. When they grow up, their knowledge structure and concepts of understanding and tolerance are naturally formed, which is a necessary way to create an inclusive society and inclusive development. " Zhou Wei said.