| Summary: | 碩士 === 國立臺北教育大學 === 教育經營與管理學系文教法律碩士班 === 101 === Abstract
This study looks at the legal issues regarding the problems of the legal definition of the surplus-teachers' status in the public school system, including junior high school and elementary school, and those teachers' responding strategies to these legal issues.
Beginning from exploring the current education-related laws, regulations and polices, and surveying the emerging problems that cumulated in the phenomenon of the increasing number of surplus teachers, this study aims at clarifying the nature and the legal status of the public school teacher and their relation with the public school system. This study also explores according to the principles of rule of law whether the local government's policies toward the surplus teacher meet the true meaning of the principle of the rule of the law. Those who are classified as the surplus-teachers are interviewed in order to understand how do they respond to the problems encountered.
According to my research result, this study concludes with the following observations and suggestions:
Firstly, the criterion of the selection of the surplus-teachers has to be carried out fairly and legally.
Secondly, to effect affirmatively the current educational personnel act.
Thirdly, the complete set of personnel reform including the fulfillment of the public school education law and the tax reform has to be put together in order to improve the educational personnel in the public school system.
Fourthly, to downsize the student number in a class, according to the Educational Fundamental Act, is a basic principle in the national compulsory education.
Fifthly, the expenditure regarding the educational personnel has to accord with The Compilation and Administration of Education Expenditures Act
Hope that the above suggestions can be helpful to enhance the quality of national compulsory education, to improve the public school system, and to protect the students' right to learn, the right to access education and teachers’s right.
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