This paper is dedicated to legal and educational analysis of the feasibility to transfer on a periodic basis the service location of teachers in public junior high and elementary schools. The legal aspect is concerned about constitutional theories, which supports the periodic transfer from the perspective of equal protection of education rights for students, satisfaction of parental rights to request homogeneous education, affirmation on the status of teachers as special public servants, and assurance of their rights to choose service locations. From the educational aspect, fourteen people including representatives from education administrative agencies, administration of junior high and elementary schools, groups of teachers, and the academics and professionals are interviewed using questionnaires designed in reference to analyses of transfer systems of junior high and elementary schools in Japan, Korea, and Australia. The interviews revealed (1) a tendency to affirm the implementation of a periodic transfer system, (2) the proper transfer period to be 3 to 6 years, (3) that present residing place and commuting distance should be taken into consideration as main factors, among others, when delimiting the boundaries of transfer areas, (4) that it is beneficial for development of school features to delegate to principals the power of application for deferred transfer of teachers, (5) that implementation of the system should be in deliberate speed and order, (6) that government should take relevant incentive measures to inspire application for periodic transfer from teachers, and (7) that committees of city/county level should be set up to make overall plans for implementation of the periodic transfer system for teachers.
This research draws a conclusion to make suggestions for related future educational policy making by the education administrative agencies as the following:
(1) Implementation of the periodic transfer system for teachers should be in deliberate speed and order: encouraging county and city governments to delimit the boundaries of transfer areas and to inspire application for periodic transfer from teachers by relevant incentive measures taken by education administrative agencies, such as administrative rewards, salaries & promotions, and commuting or moving subsidies.
(2) The periodic transfer system for teachers does not mean moving teachers randomly and far away from their home. The design of the system should take care of both the stability of lives and traffic conveniences of teachers, the need of school development, and the adaptability of students, making sound and steady progress with adoption of both voluntary and mandatory transfer programs.
(3) As a medium- to long-term goal, the Teachers’ Act should be modified to include the provisions proposed by this research, attaining the legal basis for the system of periodic transfer of the service location for teachers in public junior high and elementary schools in our country. However, as far as the limits of authorities under local self-government are involved, which parts of the proposed modifications should be reserved for the Legislative Yuan are still to be determined through enactment.