A Study on the Legal System for Incompetent Teachers of Public Schools at Senior High School Level or Below ---Focusing on Ineffective Teaching and Incapacity

• Main Authors: Pei-Yuan Chang, 張培源
• Other Authors: Chih- Hung Chou
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/92415224236905619370

碩士 === 國立臺北教育大學 === 文教法律研究所 === 99 === A Study on the Legal System for Incompetent Teachers of Public Schools at Senior High School Level or Below ---Focusing on Ineffective Teaching and Incapacity Abstract Outstanding teachers give rise to a powerful nation. The quality of teachers depends not only on the system of teacher cultivating and on-job training but also the legal procedure dealing with incompetent teachers. Those who are critical to the conducting system are school principals, board of principals,…medias and students. The committee of teacher judges at school plays the most important role among all. Any process, including initiating, approving and organizing of the system, collecting required evidence, legal effect, the attendance of appointed agent and accompanied assistant as well as the compensation of the conducting system, is supposed to meet the criterion of legal procedure and principle of legal reserve. Should there be any procedure violates the law, it can either be considered invalid, cancelled or corrected. However, if the legitimacy is reconfirmed, the incompetent teacher must still accept the consequence. The concept of ineffective teaching and incapacity does not meet any perception regarding law. Therefore, the committee of teacher judges at school plays a critical role on determining the criterion. The court of justice has no right to interfere. Conclusions of the study are: (1) the committee of teacher judges at school has absolute predominance on determination (2) the system dealing with incompetent teachers can be conducted again should there be any flaw. Suggestions are as followed. (a) When guidance is provided to the selected teacher, it’s better that he/she stays at the same position. (b) If needed, it can be allowed to readjust his/her position once during the guidance. (c) It should be stated clearly who and when can initiate the conducting system. (d) To intensify the authority of the committee of teacher judges. (f) Further research is suggested: ( f-1)What professional knowledge should the committee of teacher judges at school require? (f-2) What are the legal elements for school principals, Board of Teachers and Board of Parents to initiate the conducting system for incompetent teachers? (f-3) What is the penalty if school principals, Board of Teachers and Board of Parents are reluctant to initiate the conducting system for incompetent teachers? (f-4) To conduct a professional evaluation system for teachers instead of the examination for incompetent teachers by committee of teacher judges at school.(f-5) To accede arbitration clause in the teacher’s contract maintaining mutual benefit. (f-6) How to properly demonstrate the roles of both convener and chairman of committee of teacher judges for a school principal?