國民中學導師聘任制度之評析

教師法第17條第1項第9款明定教師有擔任導師之義務，該條第2項規定：「前項第4款及第9款之辦法由各校校務會議定之。」，此一法律規定為現行國民中學導師制度的法源，本研究蒐集57所國民中學之導師遴聘辦法，經分析後發現：一、現行國民中學校務會議訂定之導師聘任辦法不是法規命令；二、部分國民中學導師聘任制度有違法剝奪校長權力之虞；三、部分國民中學導師聘任制度有違法免除教師擔任導師義務之虞；四、教師法對於教師之「擔任導師」義務授權不明確，致使多數學校之導師聘任辦法未臻完善。

關鍵字

國民中學；導師；校長；權力

並列摘要

According to the regulation of the 17th article of the Teacher's Act, school teachers have the obligation to be the homeroom teachers. The 4th and 9th subparagraph of the Teacher's Act also point out that the schools could set up the relevant rules via the school council meetings. This regulation is the present law origin of advisor system in junior high schools.The researcher collected and analyzed the regulations of homeroom teacher from 57 junior high schools. The findings are first, the present regulations of the employment of homeroom teachers of junior high schools are not law. Second, part of the homeroom teacher employment regulation might deprive the power of the principal. Third, part of the existing employment regulation might illegally keep the teachers from being homeroom teachers. Last, the Teacher's Act does not have precise statement on school teachers' obligation to be homeroom teachers, therefore, lots of schools' employment of homeroom teachers are controversial.