「良師興國」一詞道出教師的重要性，惟不適任教師在我國存在已久而且並未獲得妥善處理，為此我國於2019年修訂教師法全文，其中教學不力，便是修法的重點之一。憲法作為一個國家的最高人權保障法，其效力應普及於各行各業及各領域，尤其涉及基本權利剝奪時，更應謹慎，惟現實上學校過往受限於特別權力關係，以致於在教師權利保障上受到一定程度的限制，連帶發生不適任教師處理程序上之相關爭議，於是本文以憲法原則之正當行政程序出發來檢驗現行不適任教師處理之相關法制並分析有關文獻、判決書、教師申訴評議書，同時比較美國法制作為借鏡並得出以下結論及修法建議。第一，不適任教師之行政調查法制多未能符合正當行政程序。第二，不適任教師之行政調查法制並不利於教師權利保障。第三，不適任教師處理合乎多階段行政程序和處分並可就相關處分提起救濟。第四，教育主管機關應就教學不力之實體和程序部分進行修法。;The problem of incompetent teachers in Taiwan has existed for a long time, but it hasn’t been solved adequately so far. To deal with it, the government amended Teachers’ Act, in 2019 and one of the targets is “ specific instances of their not fulfilling a teacher’s duties ”. Constitution is the highest principle of the assurance on human rights in each country. Its legal validity can spread around all fields and facilities theoretically and schools are no exception. That is, it should be especially cautious to enact acts possibly violating or depriving of fundamental rights. However, factually “ Special Authority Relationships” has had such a great influence on schools that some teachers’ rights have been ignored as well and it causes some controversial legal problems occurring during the process of administrative procedures of incompetent teachers. As a result, this study applied one of the principles in Constitution－Administrative Due Process to check rules about incompetent teachers, reviewed and analyzed related literature, judicial opinions and decisions of teacher appeal. Simultaneously, this study also compared Taiwan with America about legal resolution of incompetent teachers. Finally, conclusion and suggestion show below. Firstly, administrative investigation mostly doesn’t cater to administrative due process. Secondly, administrative investigation can infringe teachers’ rights. Thirdly, legal resolution of incompetent teachers corresponds to multi-stage administrative disposition and multi-leveled procedure and some remedies should be proposed. Fourthly, the authorities should amend substantive and procedural law of legal resolution of incompetent teachers.
