By
Professor Dr.Somwung  Pitiyanuwat

                    Teachers, administrators of educational institutions, educational administrators and other educational personnel of both the state and private sectors shall have professional licences as provided by the law.

                    Issuing a teaching licence to teachers endowed with knowledge and competence and with desirable behaviour and strict observance of the teachers' code of ethics is a measure for development of the teaching profession in accord with Section 81 of the Constitution of the Kingdom of Thailand 1997. Issuing a teaching licence also guarantees the quality of education and that of teachers. It thus contributes to teacher reform for the reform of national education, so that the new generation of Thailand will be endowed with knowledge and morality in accord with the objective of the Constitution. 

                     Furthermore, issuing a licence to teachers with the necessary qualifications and competence in the age of educational reform contributes to consumer protection in a profession which affects social welfare and security. With unknowledgeable, incompetent and undesirable teachers, consumers of their services and society as a whole will consequently be affected. The teachers on their part cannot contribute to the national education reform. The requirement for a teaching licence is therefore one way of recognising the importance of the teaching profession and, at the same time, directly affects the quality of the service to be protected. Such measure will lead to quality assurance of education.

                      As preparatory steps for the actions required for attainment of the objectives and necessary enactment of the provision of the 1999 National Education Act, the ONEC prepared major issues relating to the teaching licence by conducting a documentary research, based on sources both in Thailand and abroad. The research results served as bodies of knowledge on the issuing of a teaching licence. The ONEC, in co-operation, with the Office of the Teacher Civil Service Commission, the Secretariat of the Teachers Council of Thailand as well as four Rajabhat Institutes of Phra Nakhon Si-Ayutthaya, Yala, Ubol Ratchathani and Chiang Rai organized public hearings in order to receive the views of those concerned in the  Bangkok area as well as in the four regions. The public hearings were attended by more than 1,000 people. Besides, public opinions on the major points relating to the teaching licence were surveyed through the Suan Dusit Poll for which as many as 12,464 expressed their views.

                      A synthesis of the major points relating to the teaching licence based on the documentary research, public hearings and survey was approved in principle by the National Education Commission, which provided additional comments for further consideration by the Executive Committee of the Education Reform Office.
 Details of the recommendations on salient features of the teaching licence :

1. Principles and rationale for issuing a teaching licence

                   1.1 The career path of the teaching profession is divided into four levels, namely, regular teachers, specialised teachers, teachers with expertise, and teachers with special expertise. Teachers at each level have different salaries and remunerations.
                   1.2 A teaching licence serves as a measure for teacher quality assurance  in the quality assurance system.
                   1.3 Only teachers with qualifications and competence in accord with the prescribed criteria will be licensed leading to the consumer protection in the teaching profession which affects social welfare and security.
                   1.4 A teaching licence is a tool for teaching profession development as stipulated in  Section 81 of the Constitution of the Kingdom of Thailand 1997 with the objective of making the teaching profession a specialised subject area and a truly respected profession.
                  1.5 A teaching licence meets the stipulation in Section 53, paragraph 2, of the 1999 National Education Act, requiring all teachers to be licensed with the view to contributing to the learning reform and ensuring the success of the education reform.

2. Objectives of issuing a teaching licence

                  2.1 To enhance the teaching profession status so that it becomes a highly respected profession :
                  2.2 To develop Thai youth to be good and competent persons who enjoy learning;
                  2.3  To raise the standard and improve the quality of education in Thailand; and
                  2.4 To carry out teacher reform, thus contributing to the education reform.

3. Those requiring a teaching licence

                    As of August 20, 2002, the teachers must have a teaching licence. "Teachers" means professional persons whose main responsibilities include teaching and learning and encouraging learners to learn by various methods. These activities will take place in educational institutions, which provides education as stipulated in Section 15 (1) : formal education and Section 15 (2) : non - formal education only.

4. Types of teaching licence

                    Issuing a teaching licence certifies that the licensees have the qualities and qualifications suitable for the teaching profession. It motivates regular professional development among teachers and strict observance of the teachers' code of ethics. The teaching license is therefore divided into two categories as follows: 
                    4.1 Temporary teaching licence of 2 - year duration, entitling new teachers to have the right to join the teaching profession. New teachers with no less than two years of service, who have passed the evaluation of the educational institutions, will have the right to apply for a standard teaching licence.
                    4.2 Standard teaching licence  renewable every five years. A request for renewal must be accompanied by evidence of development in accord with the criteria set by the teaching profession organization. Without the requisite development evidence, the organization can consider suspending or revoking the licence.
The requirement for the two types of licence referred to above is necessary for teacher reform for the teaching profession development and for accelerating the reform of education in Thailand.

5. Qualities and qualifications of those entitled to request for a teaching licence

                   5.1 Qualities

(1) Thai national ;
(2) Not less than 18 years of age ;
(3) Without undesirable or immoral behaviour;
(4) Not having been subjected to an imprisonment term, which, in the view of the Teaching Profession Council, will dishonour the profession, except the cases for which the imprisonment term has lapsed for not less than three years or which are exempted by the Council ; and
(5) Not being insane or of unsound or unstable mind.

(1) Awarded not less than a bachelor's degree in pedagogy, after having followed courses certified by the Council (5 - year courses) ; or
(2) Awarded not less than a bachelor's degree in other subjects and having studied or received training or passed a qualifying equivalency examination in pedagogy in accord with the teaching profession standard set by the Teaching Profession Council e.g. not less than 24 two - semester credits etc.

                     6.1 The main aims are the improvement of learners' quality and teaching 
profession development, thus ensuring the success of the education reform.
                     6.2 In - service teachers will receive no less benefits than previously.
                     6.3 Participation in evaluation for development in order to follow the teachers'  career path.
                     6.4 Decentralisation of evaluation authority to the educational service areas and educational institutions.
                    6.5 Fairness, transparency and accountability.

7. Criteria and methods of consideration for issuing a teaching licence

                   7.1 For pre - service teachers

(1) Issue a temporary licence (2 years) for those with qualifications of not less than a bachelor's degree in pedagogy, having followed courses certified by the Teaching Profession Council (e.g. 5 - year courses) , or to those with not less than a bachelor's degree in other subjects, and having studied or received training, or passed the pedagogy equivalency examination in accord with the teaching profession standard set by the Council e.g. not less than 24 two - semester credits etc.
(2) Issue a standard teaching licence, renewable every five years, to teachers certified by the educational institutions, and having passed the standard evaluation regarding teachers' ethics, teaching and learning and students' quality. A request for the 5 - year renewal of the license must be accompanied by evidences of self - development and development of the teaching profession in accord with the criteria set by the Council.

                    Teachers with a standard licence will receive salaries, special allowances for academic subjects and benefits as stipulated in Section 55.

8. Criteria and assessment methods for issuing a standard licence, renewable every five years, for in - service teachers with qualifications less than a bachelor's degree, but with work experience of more than two years, or in - service teachers with qualifications of not less than a bachelor's degree but with less than two - year experience.

                    8.1 The standards of the following four aspects constitute the assessment criteria, namely, students' quality, teaching and learning along the line of learning reform, teachers' code of ethics, and self - development for both academic and professional enhancement.
                   8.2 Requests for a licence will be scrutinised by the educational institution board, endorsed by the educational service area committee, and approved by the committee at the national level.

9. Suspension and revocation of a teaching licence

                    9.1 Suspension of a teaching licence
                    In case of a minor offence due to negligence or due to lack of development in accord with the criteria set by the Teaching Profession Council, a reprimand might be given or a revocation of the licence for 1 - 3 months, 4 - 12 months or 1 - 2 years etc.
                    9.2 Revocation of a teaching licence
                    In case of a serious breach of the code of ethics, serious disciplinary or a criminal offence, revocation of the licence can be made in any of the following cases :

(1) Death ;
(2) Imprisonment sentence by the court of justice, except suspension of imprisonment;
(3) Serious disciplinary offence;
(4) Serious breach of code of ethics; and 
(5) Lack of development on a continuous basis as required by the Teaching Profession Council. In spite of opportunities for professional development the teachers concerned do not benefit from such opportunities.

                   The issuing of a licence is under state authority, legislation in the form of an act is therefore mandatory. To give a teaching licence or not can benefit or penalise a teacher, and the procedure for considering a request must be in keeping with the teaching profession standard. There are two alternatives for the licensing.

                   10.1 Licensing by the state through registration of those wishing to join the teaching profession, or the state can provide a licensing mechanism.
                   10.2 The state will establish an organization to act on its behalf by :

(1) Total authorization by the state ;
(2) Partial state authorization with gradual decrease of the state role. In other words, the state provides partial authorization to members of the teaching profession association to govern and supervise one another, and at the same time designates its representatives for monitoring to ensure realisation of the objectives and adherence to the standard of the teaching profession.

                National Education Act Section 53 requires establishment of a teaching profession organization, which is independent from the civil service, administered by the teaching profession council under jurisdiction of the Ministry of Education, Religion and Culture. The organization's responsibilities include :
                    11.1 Prescription of the teaching profession standard;
                    11.2 Issuing, suspension and revocation of the teaching licence;
                    11.3 Monitoring to ensure adherence to the standard and code of ethics of the  teaching profession ; and
                    11.4 Teaching profession development.

12. Name of the teaching profession council

1. National Teaching Profession Council
2. National Teachers Council
3. National Council for Teachers and Educational Personnel
4. National Kurusapa (National Council of Teachers)

                    There shall be established a new Teaching Profession Council, responsible for issuing licences and teaching profession development, while the Kurusapa (Teachers' Council of Thailand) shall continue with its functions regarding teachers' welfare protection and safeguarding their rights and freedom as well as the Business Organization under its charge.
                  At the national level, the structure of the Teaching Profession Council is as follows :

14 Objectives and powers and duties of the Teaching Profession Organization

                    There shall be established a teaching profession organization called Teaching Profession Council, which is independent from the civil service and is a legal entily under supervision of the Ministry of Education, Religion and Culture.

                    14.1 Objectives of the Teaching Profession Council

(1) Promotion of education, research, and teaching profession;
(2) Promotion of unity and mediation in cases of controversies among members;
(3) Upholding of the members' honour and promotion of their welfare;
(4) Professional standard setting ;
(5) Keeping of discipline for teachers' behaviour;
(6) Protection and safeguarding of the teachers' rights and freedom;
(7) Academic services for the teaching career ; and 
(8) Representing those in the teaching profession.

(1) Issuing, suspension and revocation of a teaching licence;
(2) Issuing and enforcing the teachers' code of ethics; supervision and monitoring adherence to the standard and the code of ethics;
(3) Recognition of the degrees, certificates or diplomas for the teaching profession;
(4) Recognition of knowledge and experience in the teaching profession;
(5) Recommendation to the Minister on creating and abolishing pedagogy and teaching profession as subject areas;
(6) Setting the professional standard;
(7) Certification of the teacher production institutions and curriculum; and
(8) Development of teachers and the teaching profession.

                    The Committee of the Teaching Profession Council shall be executive in nature, comprising 20-30 members. In the case a 25 - member committee, the category I members comprise 15 teachers selected or elected, while category II members (five in number) are appointed by the Council of Ministers.

                   The 15 category I members are  selected or elected from among the regular members themselves. An alternative is for each province with regular members, who are teachers with the requisite qualifications, to elect among themselves a representative of the province (or the educational service area). The 76 teacher representatives of the provinces (or the educational service areas) shall elect from among themselves 15 members of the Committee, 12 of which should be teachers of public educational institutions, while the remaining three should be teachers of private educational institutions.

                    The category I and category II members, altogether 20 in number, shall elect five scholar members, bringing the total number of  committee members of the Council to 25.

•  Qualifications of members of the Committee of the Teaching Profession Council

(1) Holders of a teaching licence;
(2) No previous suspension or revocation of the teaching licence; and
(3) Not being bankrupt persons.
• Term of office of members of the Committee of the Teaching Profession 

Council

•   Election of President and Vice - Presidents of the Teaching Profession Council

16. Administration of the Teaching Profession Council

                   The Committee of the Teaching Profession Council shall hold a monthly meeting on a regular basis.
                   16.1 Rules of procedure for the meeting of the Teaching Profession Council

(1) Quorum The quorum required is the presence of not less than half of the  committee members.
(2) Chairman of the meeting The President of the Teaching Profession Council shall preside at the meeting. In case of the President's absence or inability to preside, a Vice - President of the Council shall serve as  chairperson. In case of  absence or inability of both the President and  Vice - Presidents, the members present shall elect the chairman from  among themselves.

(1) Internal auditing by members of the Teaching Profession Council  Members of the Council shall have the right to inspect the functioning of the Office.
(2) Inspection and assessment by the Committee for Monitoring and Evaluation of Achievements of the Office.
(3) Following - up, inspection and evaluation of achievements of the Office of the Teaching Profession Council and the Secretary - General, taking into consideration extensive views on the functioning of the Office.
(4) Submission of the report on the monitoring and inspection of achievements of the Office and the Secretary - General of the Teaching Profession Council every six months.
(5) An annual evaluation of achievements of the Office and preparation the relevant report for submission to the President of the Teaching Profession Council.

                    In principle, only those with a teaching licence can apply for membership 
of the Teaching Profession Council, that is to say, teachers of public and private educational institutions of the formal and non - formal education systems. There are two categories of council members, namely, regular and associate members.

                   17.1 Categories of members

• (1) Requisite qualifications of regular members
1.1 Thai national;
1.2 Not less than 18 years of age;
1.3 With knowledge in pedagogy as evident in an award of a degree, a diploma or a certificate in pedagogy as required by the Teaching Profession Council;
1.4 Membership in professional associations certified by the Teaching Profession Council;
1.5 No previous misconduct resulting in breach of the code of ethics, which brings dishonour and discredit to the teaching profession, as stipulated in the regulations of the Teaching Profession Council;
1.6 Not having been sentenced in the final judgement to an imprisonment term in the case of a breach of the code of ethics, which brings dishonour and disgrace to the teaching profession, as stipulated in the regulations of the Teaching Profession Council; and 
1.7 Not being insane, physically disabled or not suffering from any of the diseases specified in the regulations of the Teaching Profession Council.
• (2) Associate members  shall have the requisite qualifications and shall not be under any of the prohibitions applicable to regular members as specified in (1.1), (1.2), (1.5), (1.6) and (1.7).

• (1) Regular members
1.1 Authorised to express viewpoints in the general assembly of the Teaching Profession Council;
1.2 Authorised to vote in the general assembly of the Teaching Profession Council;
1.3 Able to express viewpoints and submit an enquiry in writing to  the Committee regarding the functioning of the Teaching Profession Council. Should more than 15 members submit such enquiry to the Committee, the request must be immediately considered by the Committee whose views must be transmitted to the parties concerned without delay.
1.4 Elect, stand for election or be appointed as members;
1.5 Pay for registration fee and membership fee as specified in the regulations of the Teaching Profession Council; and
1.6 Uphold the honour of the teaching profession and adhere to the provisions of the National Education Act.
•  (2) Associate members shall have the and duties similar to those of regular members, except those specified in (1.2) and (1.4).

(1) Death;
(2) Resignation; and
(3) Decision of the Committee to terminate membership in the Teaching Profession Council due to lack of requisite qualifications. 

18.1 The Minister of Education, Religion and Culture;
18.2 Members of the Council; and
18.3 Committee for Monitoring and Evaluation of Achievements of the 
office of the Teaching Profession Council.

                   19.1 Teaching licences

(1) Temporary licence : 100 baht ;
(2) Standard licence : 200 baht.

20. Monitoring adherence to the code of ethics

                    A teaching licensee must strictly observe the teaching profession code of ethics. In case of the breach of such code, the teacher shall be investigated and penalised in accord with severity of the offence.

                    20.1 Ethics Committee
                    To monitor adherence to the teaching profession ethics, an Ethics Committee shall be established to monitor and supervise the functioning of the teaching profession in accord with the relevant legislations and professional ethics. 
Composition of the Ethics Committee

(1) A chairman and members of the Committee, the number of which shall be  determined by the Committee of the Teaching Profession Council; in any case, not less than five.
(2) The Teaching Profession Council shall appoint the Ethics Committee.
(3) Qualifications of members of the Ethics Committee
- Practitioners of the teaching profession who have received a standard licence for not less than five years; and
- No previous punishment for breach of ethics.
(4) Term of office of the Ethics Committee The term of office, which is renewable, shall be three years. The members,however, cannot hold office for more than two consecutive erms. For those having served on the Ethics Committee for two consecutive terms, their membership will have to be terminated until such time when a new Committee is appointed.
(5) Termination of office of the Ethics Committee
- Death;
- Resignation;
-Termination of membership;
- Lack of qualifications; and
- Decision of the Teaching Profession Council with a vote of not less than two thirds majority of the members present at the meeting.
(6) Appointment of a replacement for a vacant post in the Committee

                   20.2 Powers and duties of the Ethics Committee

- Consideration of cases relating to professional code of ethics;
- Establishment of sub - committees to carry out some of its functions; and
- Summoning a person for testimony or for submission of evidences.

1) Decisions on breach of professional ethics in terms of :
(1) Dismissal of an accusation;
(2) Reprimand;
(3) Probation;
(4) Suspension of the teaching licence for an appropriate period of time; in any case, not exceeding five years; and 
(5) Revocation of the teaching licence.
2) Methods of consideration and decision making of the Ethics Committee
(1) Setting rules of procedure for consideration and decision - making shall be as prescribed in the regulations of the Ethics Committee.
(2) Notification of an allegation to the accused  The Ethics Committee Chairman shall notify the accused licensee of the allegation together with copies of relevant documents. The notification shall be served in advance; in any case, not less than 30 days before consideration of the case.
3) Rights of the accused
(1) Right of reply or showing of evidences  not less than 30 days as of the date of notification from the Ethics Committee Chairman or within the date limit set by the Committee.
(2) Right of appeal against the decision of the Ethics Committee  within 30 days as of the date of notification of the Committee's decision.

                   When a person finds a misconduct of a licensee resulting in a breach of the teachers' code of ethics, he shall have the right to notify in writing to the Committee of the Teaching Profession Council regarding such misconduct.