A Study on Governmental Regulations of Teacher’s Competence Qualifications in the Compulsory Education- Focus on Public Elementary School Teachers
Date Issued
2016
Date
2016
Author(s)
Chiang, Yun-Lien
Abstract
This study is a voyage from cares for “vagabond teachers” to the examination of governmental regulations on teacher’s competence qualifications in the compulsory education, focusing on elementary school teachers. To be enlightened by the minimum education is a constitutional right and a constitutional duty. In order to facilitate the minimum education, the government enforces regulations on teacher’s competence qualifications and thus eclipses teacher’s individual rights. A teacher’s right to work, the right to equality, and the right of litigation are discussed in this study. The mandatory training and the certificate, as requirements of being a teacher, are corresponding with the competence in educational profession. It seems reasonable but falls short in practice. Pausing post-Bachelor training program forces prospective teachers into a second Bachelor degree or a Master degree, causing a waste of time and money. The unrestrained issuing of certificates led to an extremely low percentage of becoming a teacher, which can be regarded as an infringement of the right to work. It is impractical to expect the quality of education without the evaluation of the teacher’s competence. Article 14 of Teacher’s Act, the legal institution to disemploy a teacher, still cannot survive the principle of proportionality after the amendment. The approval of the government authority should accordingly shelter teachers from the wrongful decision of the school. The inequality between public and private school teachers embodies in the fact that public school teachers have no right to file a lawsuit under certain circumstances. It reminds us that the outdated theory of “special power relationship” is still haunting within the law system and need to be fixed. Teacher Remuneration Act discourages teachers from pursuing a higher degree on leaves, and there are no substantial evidences of a better educational quality under this policy. The legal institution of the regulations on teachers needs a thorough scrutiny and a reconstruction to harmonize with the contractual relationship between schools and teachers. Customized rules should be applied to different levels of school to meet different educational demands. The balance between the competition in the human resource market and the evaluation of the teacher’s competence is nothing else but the key to a better quality of education
Subjects
the compulsory education
the development of teacher’s competence
the right to work
the public elementary school
Type
thesis