アメリカの教員解雇における手続的保障 : 現代教育行政における手続を通しての正当化を求めて(II 研究報告)

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概要

• 論文の詳細を見る

• The purposes of this paper are to examine assurance of due process procedures and to discuss procedural justice in teacher dismissals in the United States of America in order to learn how to justify decisions through procedures for contemporary educational administration. After a teacher acquires tenure status, dismissal is legal only for certain causes and certain procedures. The Teacher Tenure Act specifies the procedure that must be followed to remove a teacher. These procedures are "sacramental requisites" that must be strictly followed before a hearing, during the hearing, and after the hearing. If the school board does not follow the prescribed statutory procedures, its act in dismissing a teacher, no matter how deserved the dismissal is, may be void. Assurance of due process procedures in teacher dismissals is as follows : Before the dismissal, the teacher is entitled to a notice with a statement of the charges and a hearing in which the teacher may defend himself or herself against the charges. There is usually provision for appeal from the school board's decision to dismiss, either to a higher school authority such as the state superintendent or to the courts. The superintendent,with approval of the board, sends a written notice to the teacher of the board's intention to dismiss a teacher. The hearing-must be limited to the formal charges of which the teacher is given notice prior to the hearing, in order that he may have a reasonable opportunity to examine and refute evidence tendered against him and to raise any legal defense to it The charges may be related to causes for dismissal and must be related to the teacher's position. Requirement for the hearing to successfully dismiss a teacher is that the teacher has to be found guilty of one of the charges enumerated by law. The teacher decides whether the hearing will be public or private. The findings of this study are as follows : School boards cannot absolutely dismiss a teacher without obeying the due process procedures. In the U.S.A. the assurance of due process procedures in teacher dismissals is regarded in the same light with procedural justice. Teachers who are dismissed are entitled to notice, a hearing and an appeal, pursuant to due process procedures. Decisions must be made through procedural fairness, procedural rationality, and the practice of procedural justice. Important factors of the procedural system in which the people affected by a decision will accepts the decision are, in general, the participation of the people concerned, the assurance of substantial discussion, the opening of information to the public, the hearing officer's fairness and the decisions standing as to reasons etc.

• 日本教育行政学会の論文
• 1999-10-23

著者

• 入江 彰

  京都大学大学院

関連論文

• アメリカ合衆国における教員の解雇事由
• 生徒指導・進路指導を通しての生徒の社会化 : A県A高校の生徒指導・進路指導を素材にして
• アメリカ・テキサス州における教育公務員の身分保障(テニュア)制度(II 研究報告)
• アメリカの教員解雇における手続的保障 : 現代教育行政における手続を通しての正当化を求めて(II 研究報告)

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