11th Amendment to Education Regulations Proposed: Teacher Transfer Requirement to Be Reduced from Three Years to One

Nepal is preparing to amend its Education Regulations to introduce changes to the transfer procedures for teachers working in community schools. The proposed Education (11th Amendment) Regulations, 2083, seeks to revise Rule 99 of the existing regulations and introduce new provisions governing teacher transfers.

New Minimum Service Period for Teacher Transfers

Under the proposed provisions, permanent teachers who have completed at least one year of service and have more than one year remaining before mandatory retirement would be eligible to apply for transfers from one community school to another.

For regular permanent teachers who do not qualify under special circumstances, the existing three-year service requirement is proposed to be reduced to one year.

This means that, under normal circumstances, a permanent teacher would not be eligible for a transfer until completing one year after being appointed to or reporting for duty at a new school.

Teachers Who Would Receive First Priority for Transfers

The proposed amendment gives first priority to teachers facing humanitarian or special circumstances when transfer applications are considered.

The following categories of teachers would receive first priority:

• Teachers with disabilities classified under categories "B" and "C" (ख and ग).
• Teachers with disabilities who cannot move around without assistance from others.
• Pregnant female teachers.
• Female teachers with children under two years of age.

For other teachers applying under normal circumstances, the respective school would determine the order of priority.

Mutual Transfers Between Teachers

The proposed amendment also seeks to reduce the mandatory service period for mutual transfers from three years to one year.

Under the proposed arrangement, teachers applying for mutual transfers would be required to have at least one year of service remaining before retirement.

Definition of Special Circumstances for Teacher Transfers

The proposed regulations further clarify the circumstances that would qualify as special cases for teacher transfers.

The following situations would be recognized as special circumstances:

• Teachers affected by circumstances described as a "permanent disaster" in the proposal.
• Situations requiring immediate action to protect a person's life because of an emergency or unexpected circumstances.
• Cases in which a teacher's spouse, children, or parents are seriously ill and require continuous care. Such conditions must be certified by a specialist doctor or mental health specialist.
• Teachers diagnosed with serious diseases specified by the government.
• Teachers with disabilities whose conditions have been assessed and recommended by a medical board.

Proposal to Repeal Sub-rule (15)

The proposed 11th amendment also seeks to repeal Sub-rule (15) of the existing Education Regulations.

If the amendment comes into effect, Sub-rule (15) would be removed entirely.

The proposed changes, including the one-year service requirement, priority arrangements, mutual transfer conditions, and provisions for special circumstances, have not yet been presented as final rules. Their implementation would depend on the formal adoption and commencement of the amended regulations.