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)

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概要

• 論文の詳細を見る

• The purposes of this paper are to examine the changes of the Texas public school teacher's tenure and to discuss procedures and causes required for teacher dismissal and nonrenewal. Before the 1960's, all teachers in Texas were employed under term contract with local boards, which had exclusive statutory authority to hire and dismiss teachers. The vast majority of teachers in Texas had been hired on one-year term contracts that were renewed annually. But in 1967 the legislature adopted the probationary and continuing contract law as set forth in Texas Education Code § 13. 101 et seq. and in 1981 the Term Contract Nonrenewal Act as set forth in Texas Education Code § 21. 201 et seq., so that teacher status would be guaranteed. Now, there are two types of contractual relationships with teachers in Texas: "term contract" and "continuing contract." School districts may choose one of the two types. In the probationary and continuing contract school districts, a newly employed teacher is on probationary status during the first three, or in a special case four, years of teaching and then the teacher will obtain continuing contract status. When continuing contract status is obtained, the employment relationship automatically continues without the necessity of nomination and school board approval. The probationary and continuing contract law spells out procedures for a notice and a hearing, which must be followed in the dismissal of a teacher. It also requires good and just causes for dismissal of probationary or continuing contract teachers. In the term contract school districts, a teacher's term contract is automatically renewed unless the district initiates nonrenewal procedures pursuant to the Term Contract Nonrenewal Act in a timely manner. The Act further requires the district to adopt policies establising the reasons that will support a decision not to renew a teacher's employment at the end of a contract term. In addition, the Act establishes procedures for nonre-newal decisions of teachers. The findings of this study are as follows: Teacher dismissal or nonre-newal procedures and causes are set forth in law, so that school boards in Texas cannot absolutely dismiss or not renew a techer. Teachers are entitled to a hearing and an appeal pursuant to the procedure set forth in law and are not dismissed or nonrenewed except for good and just causes. We can thus conclude that in the teacher's dismissal or nonrenewal clear standards of causes and procedures are necessary.

• 日本教育行政学会の論文
• 1997-10-17

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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