A Study of the Treatment in the Legal System for Incompetent Teachers in Primary and Secondary Schools : Focusing on a Comparison Before and After the Amendment of Article No.14 of the Teachers’ Act Concerning Teachers’ Inappropriate Behavior Impairing Their Morals and Dignity

• Main Authors: Teng-Chih Chang, 張登智
• Other Authors: Chih-Hung Chou
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/5bvm2t

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 === 102 === Teachers’ quality affects the quality of education and the quality of education affects people’s qualities; the quality of people affects a country’s values. Therefore, issues such as evaluation of teaching competentcy and establishing mechanisms to disqualify incompetent teachers need to be critically reexamined. In addition, the problem of unqualified teachers has existed for a long time and some studies indicate that the problem has become more serious in Taiwan. The increase in the public’s dissatisfaction regarding incompetent teachers has led to questions about how to evaluate and disqualify incompentent teachers. These issues have undoubtedly become one of the most important issues in Taiwan’s educational system. This study investigates the treatment in the legal system for incompetent teachers in primary and secondary schools, focusing on a comparison before and after the amendment of Article No.14 of the Teachers’ Act concerning teachers’ inappropriate behavior impairing teachers’ morals and dignity. The study collects related case judgments from the administrative courts and relevant documents using research methods of legal interpretation and document analysis. Furthermore, this study categorizes the specific behavior patterns for those teachers who have been verified as conducting inappropriate behavior detrimental to teachers’ morals and dignity by the relevant authorities and which have caused their dismissal, suspension or their reappointment was discontinued. In addition, this study investigates the possible legal remedies for those teachers who have been dismissed, suspended or whose reappointment was discontinued, to protect their legal rights. This study includes five chapters: the first chapter explains the background and motivation for the study, the questions to be addressed, and the research method, research scope and limitation of the study. The second chapter explores the definition, causes, and problems with incompetent teachers and the challenges of dealing with those teachers who have been dismissed, suspensed or whose reappointment was discontinued. The third chapter discusses different types of inappropriate behavior and the mechanisms for disqualification. The fourth chapter focuses on legal remedies for those teachers who have been disqualified. The last chapter presents some conclusions and recommendations. Ten points are proposed for the research questions asked with a focus on amendments for the Gender Equity Education Act, Teachers’ Act, and relevant norms and appeal system for teachers.