教師專業審查會職權運作與個案之研究：兼論教評會處理不適任教師功能之變遷

A Study on the Functioning and Cases of the Teacher Professional Review Committee: Concurrently Discussing the Evolution of the Teacher Evaluation Committee’s Function in Handling Incompetent Teachers

2019年《教師法》修正，將教師專業審查會提升為法律位階並強化其運作機制，制定伊始，學界與實務上對其運作時機頗多質疑，但施行近五年來，教育行政實務逐漸出現具研究價值的案例，本研究藉由文獻探討，透過法規研究法、文件研究法及個案研究法，先就高中以下處理不適任教師，現行《教師法》及其子法文義進行探究與評論，進而就現行教師專業審查會處理不適任教師機制提出改革建議。本研究透過法制、函釋與個案分析發現，對於《教師法》第26條第2項適用疑義，教育主管機關已逐步透過函釋建立機關判斷基準提供指引，同時在處理不適任教師程序上須遵守正當程序與比例原則，教師專業審查會取代教師評審委員會怠於處理不適任教師之不足在個案上已漸見改善，但仍有教師專業審查會組織教師團體代表比例過重之缺失。最後，本研究建議應由教育主管機關設立不適任教師處理委員會取代教師評審委員會處理不適任教師之職權。

In 2019, the amendments to the Teacher Act elevated the Teacher Professional Review Committee to a legal status and strengthened its operational mechanisms. Initially, there were many doubts in academia and practice about its timing and operation. However, nearly five years after its implementation, cases with research value have gradually emerged in educational administration practice. Through literature review, regulatory research methods, document research methods, and case study methods, this article first explores and comments on the current Teacher Act and its sub-laws concerning the handling of incompetent teachers below high school level. Subsequently, it proposes reform suggestions for the current mechanisms of the Teacher Professional Review Committee in handling incompetent teachers. This article finds, through legal systems, interpretations, and case analyses, that for the application doubts of Article 26, Paragraph 2 of the Teacher Act, the educational authorities have gradually established agency judgment standards through interpretations to provide guidance. At the same time, the procedure for handling incompetent teachers must comply with due process and the principle of proportionality. The Professional Review Committee has replaced the Teacher Evaluation Committee in handling incompetent teachers and has gradually shown its effectiveness in individual cases. However, there is still a deficiency in the over-representation of teacher group representatives in the Professional Review Committee. Finally, this article suggests that the educational authorities should establish an Incompetent Teacher Handling Committee to replace the Teacher Evaluation Committee’s authority in handling incompetent teachers.