國家教育研究院

　　基於地域不利因素之影響，偏遠地區學校教師向來流動率偏高，加之以各縣市因應少子女化而控留編制內教師員額之作法，更致使偏遠地區學校的代理教師比例偏高；在此等因素交互作用下，偏鄉學生的受教權益與學習品質，遂不免處於明顯不利之境況。就法制規範層面而言，現行《教師法》以學校為教師聘任主體，並使其得依年資申請調動的聘任制度，顯然無法有效解決偏遠地區學校所面對的前揭問題。值此各縣市控留教師懸缺，致使學校僅能進用代理教師的現實條件下，若能透過法令適用與制度設計，將既有的懸缺代理員額，統一改由「縣市」為聘任主體，並使本非《教師法》適用對象之此等教師，得以依據其他相關法律規範，設定不同於編制內教師的勞動條件內涵，同時令其獲得聘約上之合理基本保障，則應可在兼顧編制外教師勞動權益的前提下，適度增加此等縣（市）聘教師之職缺誘因，並進而將各縣市不得不進用編制外教師之當前困境，正向轉化為提升偏遠地區學校師資質量的有利契機。據此，本研究透過文件分析、焦點團體座談與個別專家訪談等研究方法，以蒐集相關資料並形成本研究之結論與建議如下：
一、結論
（一）在偏遠學校「編制外教師」比例偏高的現實條件下，造成其流動率偏高之關鍵因素為欠缺「不定期契約」之基本保障。
（二）與其強調並獎勵教師「久任」偏遠地區學校，實不如直接著重於確保其優質，進而在制度上促使優質教師願意任教於偏鄉。
（三）就偏遠地區學校教師之獎勵，在對象上宜以績優為主、久任為輔，並應優先採取有助於教師專業成長之措施。
二、建議
（一）建議以縣市為聘任主體試行編制外教師聘任革新方案，使其成為適用勞基法之縣市聘教師，並以之為精進偏遠地區學校師資之骨幹。
（二）建議跨越都會、城鎮、偏鄉各不同區域學校，建立學校師資共享群組模式，試行契約式或自願式之教師輪調制度。
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　　Teachers in rural schools have a high turnover rate because of the school location. Another factor that enhanced the situation is the measure that local governments adopted to control the number of full-time, certified teachers in response to the declining birth rate, which in turns resulted in the high proportion of substitute teachers in rural schools. Accordingly, students’ right to education and learning quality have been negatively influenced in rural areas. However, currently in Teachers’ Act, teachers are employed by schools and they can be transferred by their seniority. Such a teacher employment system is not able to tackle the dilemma faced by rural schools. As local governments are enforcing the measure of controlling the number of full-time teachers, rural schools have no choice but to hire substitute teachers. In such a reality, if all the substitute teacher positions were opened and employed by local governments, different labor conditions may be established for these employed substitute teachers based on related regulations, although the Teachers’ Act does not apply to them. By providing reasonable and basic benefits in contracts, the above suggestion takes into consideration the labor right of adjunct faculty, which may provide an incentive for people to apply for the job. This may turn the dilemma of employing substitute teachers into an opportunity to promote the quantity and quality of teachers in rural schools. Through document analysis, focus group interviews and individual interviews with experts in the area, this study collected related data to form conclusions and suggestions as follows.
Ⅰ. Conclusions
1. In the reality where there is a high proportion of substitute teachers in rural schools, its high turn overrate has much to do with the lack of basic rights, indefinite contract.
2. Compared to the policy of encouraging teachers to stay teaching in rural schools for a longer period of time, it would work better to modify the system so that teachers of high quality are willing to teach in rural schools.
3. The encouragement for teachers in rural areas should focus mainly on their teaching performance, while the length of their service can be the secondary consideration. Policies should be made to help promote teachers’ professional development.
Ⅱ. Suggestions
1. It is suggested that county and city governments try an innovative policy in which substitute teachers are employed by local governments and Labor Standards Act applies to them. This group of teachers would become the major manpower helping enhance the quality of teachers in rural schools.
2. A teacher pool can be established across cities, towns and rural areas. A system of teacher rotation can be carried out either by contract or by voluntary.