Teacher Severance in Public Elementary and Secondary Schools and Related Legal Issues
Severance is a method adopted by government agencies or private enterprises for organizational reform, in which an employment relationship is terminated through a payment scheme. Teacher severance in public schools is based on Articles 14 and 15 of the Teachers’ Act, and Article 24 of Act Governing Retirement and Bereavement Compensation for the Teaching and Other Staff members of Public Schools (to take effect on July 1, 2018). In this study, we have identified problems based on some appeal cases. For teachers in public elementary and secondary schools who do not perform adequately, do not have proper communication with students’ parents, or do not manage their classes properly, and furthermore, do not show improvement after counseling and guidance, it is worth exploring from the perspectives of de lege ferenda, de lege lata, and law application whether Teachers’ Act Article 14, Paragraph 1, Subparagraph 14 about “dismissal, suspension, or non-renewal employment,” or Article 15 about severance should be adopted. This study adopted document analysis to explain the applicable scope of the regulations about teacher severance in public elementary and secondary schools as well as the related legal context. In addition, using the referee method of analysis, we examined whether a loophole exists in current educational administrative practice that may cause injustice. One of our research findings is Teachers’ Act Article 14, Paragraph 1, Subparagraph 14 “Specific instances of their not fulfilling a teacher’s duties, or being unfit to teach” overlaps Article 15 “those who are unfit for their current positions.” In practice, the education council may abuse their professional judgment under the guidance of competent educational authorities and fail to make proper judgments according to the facts. In addition, the education council may improperly explain regulations out of hypocrisy or because of rapport between colleagues. This study proposes that to avoid this situation, Teachers’ Act Articles 14 and 15 should be redesigned to stipulate legal reasons separately for dismissal, non-renewal employment, and severance; otherwise, letting the education council choose the applicable act articles may affect legal certainty.
|關鍵詞||不適任教師、教育行政、教師資遣、teacher severance、educational administration、unfit teacher|