公立國中小教師介聘案例暨相關法律問題探討

Abstract

本文從行政爭訟案例發想其問題意識，即公立國中小教師申請介聘，經原服務學校及介聘委員會通過，卻遭介聘學校教評會以該教師有《教師法》第14條第1項各款為由審核未通過，引發的介聘制度及相關法律問題進行探討。本文透過法規研究、制度研究以及個案（案例）研究等途徑，輔以文獻分析及案例分析為研究方法，結果發現，現行公立國中小介聘制度須經過二校教評會審議，可能造成審議結果意見相左而導致申請介聘教師權利受損，況且以介聘程序連結不適任教師之處理，恐有違反不當連結之嫌。本文認為要避免此一情況，經介聘委員會決議通過後，應授權由受聘學校校長直接聘用，無須再由介聘學校教評會審查，以化解二校教評會意見相左之困境。

Rooted in the administrative litigation cases, this paper discusses teacher transfer system and relevant legal questions resulted from disagreeing review results in teacher transfers. Notable events have occurred in which teacher transfer among schools applied by the elementary and secondary teachers have been approved by the original school and its teacher transfer committee but disapproved by teacher evaluation committee of the teacher transfer schools with the reason of the teacher violating the regulations of Item 1, Article 14 of “Teacher’s Law”. According to the research findings, the current teacher transfer system in public elementary and secondary schools must be reviewed by the teacher evaluation committee of both schools and the teacher’s right to apply for teacher transfer may be damaged due to the difference in the review results and opinions. Besides, the link to unqualified teachers used by the treatment of the teacher transfer procedure may cause improper link. This paper suggests that to avoid this situation, the principal of the employing school should be authorized to directly employ this teacher after the teacher transfer is approved by the teacher transfer committee meeting.