從南聰案檢討特殊教育師資問題：以聽障生教育基本權為核心   免費試閱

Deaf Students’ Fundamental Right to Education: A Review of the System of Special Education and Teacher Education

2011年，臺南啟聰學校集體性侵害案的揭發，讓人發現該所學校存有許多問題，其中引發本文關注者，即為該校教師並非均具備手語專業。針對此一問題，本文將從《憲法》第21條保障聽障生教育基本權的角度出發，建構做為該基本權的客觀價值秩序中，以聽障生自我實現為核心的師資培育制度，並認為其具體內涵必須是具備手語專業者，方能成為聽障生的教師，蓋手語不僅是聽障者的語言，更是聾人文化的重要內涵。為落實此項目標，本文接著從整體特教師資培育及教師甄選的制度進行檢討。此部分涉及了《師資培育法》及其子法、《特殊教育法》等規定，本文將以一名特教老師的養成過程做為檢討順序，並於最後提出建議修正的方案。

In 2011, several cases of sexual assault at National Tainan Hearing Impaired School were disclosed by the media and the legislators. As the disclosure of the cases, it was found that there were many problems at this school. What concerns us the most is the problme that some teachers at this school cannot use sign language. Our study of the problem is first approached on the basis of the Constitution Article 21. According to the article, deaf students’ fundamental right to education must be guaranteed. A system of teacher education established on this basis holds the self-actualization of the deaf students at the core. To be more specific, it means that whoever wants to teach the deaf students must get the license of sign language. This is because sign language is not only the language of the deaf, but it is also the most important part of the Deaf Culture. Then, our discussion of the problem proceeds to the entire system of teacher cultivation and selection of special education teachers. This part will involve Teacher Education Act and its sub-laws, as well as Special Education Act. Our study ends with proposals for amendments to relevant laws.