英文摘要 | The status of teachers as government employees has been commonly accepted in Taiwan. Yet, according to Teachers’ Act established in 1995, the certification and accreditation of teachers’ qualifications, employment, rights and obligations, payment, further studies and research, retirement, consolation, separation, severance, insurance, teachers’ organizations, appeals and litigations of teachers are governed by and interpreted in accordance with this law (Article 2). Also, the payment, retirement, consolation, separation, severance, and insurance shall be separately stipulated by law (Article 20, 25). Because a single legal system with teachers as the subject is still unavailable, the policy of distinguishing teachers from government employees has not yet been realized. For the same reason, special laws are also not available for school principals, athletic coaches, the professionals of social education institutions and the researchers of the academic research institutions. This study clarifies the connotation of the policy of distinguishing teachers from government employees. Through comparative analysis of current regulations, it attempts to examine how the policy has been realized. It also proposes suggestions for establishing a legal framework and making probable adjustments, which may serve as reference for promoting related policies in Taiwan in the future. In addition to literature review and legal analysis, this study conducts qualitative research oriented focus group interviews to incorporate multiple perspectives from education, legal academic fields, teachers from different levels of schools and other related interest groups. The purposes of this study include: 1. to clarify the connotation of distinguishing teachers from government employees, as well as to set the direction of related policies based on Act of Governing the Appointment of Educators and Teachers’Act; 2. to compare the differences of the laws that apply to different educators in terms of qualification, employment, evaluation, payment, further studies, taking leaves, appeal, retirement, consolation, separation, severance, insurance, and so on; 3. to suggest a fundamental framework of special laws for educators to facilitate the realization of distinguishing teachers from government employees. Based on the above research process, this study proposes conclusions and suggestions as follows. Ⅰ.Conclusions 1. Distinguishing teachers from government employees refers to manage government employees and educators respectively: According to the concept of distinguishing teachers from government employees, educators include five basic categories: public school principals, teachers, athletic coaches, the professionals of social education institutions and the researchers of the academic research institutions as listed in Act of Governing the Appointment of Educators (Article 2). School staff should be excluded as the government employee law is applied to them. Therefore, once the new management system is established, it does not mean educators are separated from the conception of government employees; neither does it mean the same system should apply to educators of both public and private institutions. 2. The policy of distinguishing teachers from government employees should take into consideration the personnel, general affair and legal aspects: Because of the connection of different educators, it is important to have a common special law, rather than turn to the government employee law. It is even more essential for those directly related to realizing educational goals to have a separate system in terms of their qualification and employment. Additionally, the policy of distinguishing teachers from government employees should not only protect students’right to education but also seek its balance with university autonomy and freedom of private schooling. 3. In current laws, the teacher section is the soundest but can still be intensified: Teachers are educators who are most closely related to realizing educational goals and protecting students’right to education. It is thus right to promote establishing special laws for teachers. On the solid foundation of Teachers’Act, related laws have been established, but the aspects of payment, severance and separation can be intensified. In contrast, related laws for the professionals of social education institutions and the researchers of the academic research institutions are limited and should receive more attention. 4. The law for educators is roughly shaped and slightly distinguished from the government employee law: Educators’qualification, employment, evaluation, further studies, taking leaves, appeal, retirement, consolation, separation, insurance and certification have been shaped in laws, except payment and severance. Their forms are different from those for the government employees. The laws are essentially based on teachers’laws and can be applied to principals and athletic coaches. On the other hand, the government employee law is applied to the professionals of social education institutions and the researchers of the academic research institutions. Ⅱ.Suggestion 1. It is necessary to modify Act of Governing the Appointment of Educators and make it the fundamental law for educators. 2. It is a priority to intensify the related law for the professionals of social education institutions and the researchers of the academic research institutions to further the policy of distinguishing teachers from government employees. 3. A complete certification system of educators should be established to promote their professionalism. 4. A complete evaluation system of educators should be established to gradually replace the current system. |