以正當程序觀點探討國民中小學教師專業自主之保障   免費試閱

The Protection of Elementary and Secondary Teachers’ Professional Autonomy from the Perspective of Due Process

為達成教育基本法所揭櫫以學生追求「自我實現」之教育實施目標，必須賦予教師一定的專業自主空間。因此，本文旨在由法律正當程序的觀點探討中小學教師專業自主之保障，進而保障學生的教育基本權。本文透過文獻分析，首先探討教師專業自主的意涵以及教師專業自主在我國現行法律中的地位，其次討論正當程序的概念與保障基本權利的觀點，並探討正當程序如何保障中小教師專業自主，最後以法院的實際判例進行分析與討論，提出保障教師專業自主即為保障學生教育基本權的結論，並建議學校行政除積極以正當程序保障教師專業自主外，亦藉由正當程序之規範提升學校行政的專業形象。

One of the goal in the Education Fundamental Act is to help students in their pursuit of self-realization. For achieving this goal, rendering teachers certain degree of their professional autonomy is necessary. This study aimed to explore the protection of teachers’ professional autonomy in elementary and secondary school from the perspective of due process. Through literature review, the legal status of teachers’ professional autonomy was investigated firstly. Next, the study discussed the concept of the due process and the perspective of basic rights guarding, and investigated how elementary and secondary teachers’ professional autonomy were protected by due process. Finally, real court cases were analyzed and discussed. Come to the conclusion that protecting teachers’ professional autonomy is exactly protecting students’ fundamental rights of education. This study suggested that school administration could not only protect teachers’ professional autonomy through due process, but also promote its own professional image.