國家教育研究院

　　本研究旨在就法律層面及教育層面析論我國公立中小學實施教師定期異動制度之可行性。法律層面就憲法學角度剖析，基於保障學生教育平等權、滿足家長均質教育請求權、肯認教師身份定位具特殊公務員內涵及確保教師工作場所選擇權，支持教師定期異動之制度之實施。而教育層面，本研究透過日本、韓國及澳洲中小學教師異動制度之分析研擬訪談問卷，經訪談教育行政機關代表、中小學學校行政代表、教師組織代表及學者專家共14位，研究發現計有：（一）受訪者傾向認同教師定期異動制度之實施；（二）教師定期異動期間以三至六年為宜；（三）定期異動區域劃分原則應考量教師現居住地、交通距離等因素；（四）為利學校特色發展，得授權校長申請展延教師異動期限；（五）教師定期異動制度之實施應循序漸進推動；（六）政府應提供相關獎勵機制，鼓勵教師申辦教師定期異動制度；（七）設置縣市層級委員會，統籌規劃辦理教師定期異動制度。

　　按本研究結論，對教育行政機關未來相關教育政策之擬定提出下列建議：
(一) 循序推動教師定期異動制度：透過教育行政機關相關獎勵措施之擬定，諸如行政獎勵、薪資晉級、交通補助或搬遷費補助，鼓勵縣市政府擇定區域激勵教師申辦教師定期異動制度。
(二) 教師定期異動制度之實施非大風吹式地離鄉背井調動，於制度設計時應兼顧教師生活安定性、交通便利性、校務發展需要及學生學習適應性，採自願異動及強制異動雙軌制，穩健推動教師定期異動制度。
(三) 中長期目標應透過教師法之修正，增列本研究所建議之相關條文，以為我國公立中小學教師定期異動制度取得法源依據。惟本研究所提修法建議，涉及地方自治權限，何者應屬國會保留部分，仍必須由立法院以法律規定。
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　　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.