34  Incompetent teachers in Japan

In September 2000 , it was reported in the media that the Education Reform National Convention
and the Ministry of Educ.( Ministry of Education Science Culture and Sports ) will propose a new
Reformation Plan soon suggesting that excellent teachers should be better treated in their rewards,
promotions, commendations and so forth, and on the otherhand incompetent teachers and
unfit ones should have to the role changed, job changed,and would dismiss them.

I think it is good plannig in Japan and here I will overview the recent realities of teachers who
received the status disposal of dismissals and leave-taking and so forth in contradiction to
his or her will from various materials and judicial precedents in Japan, but at first I will propose
of this problem.
T Proposal
1 The standard of incompetent teachers should be provided clearly and the guidelines should
 be regulated by the Ministry of Educ. and each Prefectural Board of Educ. ( Metropolitan,
  Hokkaido and Prefectural Board of Education ).
Reason: The hurdle to dispose tenured teachers is so high at present, that is, there are not clear
     standards and the guidelines in Japan and some court judgements usually say, " It must
     need these standards :'' Continuation which cannot be easily corrected of poor performance ''
     or '' An unusual color to be civil servant and teacher ''.
( Reference ) As for the regulation, in the U. S. California State, the Board of Educ. does not need
     to prove " Beyond remediation of an incapable teacher " , but just needs to prove " Not
     meeting established standards of performance " on their status disposals. Like this, it
     was revised in 1997.
2 The standard and the guidelines should be made public.
3 As a result, I will expect changes in the judicial precedent of incompetent teachers.
4 At the same time, the student discipline should be improved.
Reason: The measure of the student discipline is extremely insufficient now and there is less
     confidence in student discipline among teaches, for instance, " Don't use reasonable
     force in any class situation " or " Don't administer corporal punishment. " or " No
     School-suspension " and so forth.
     These comments are sometime useless to keep good school and class environment in
     Japan now. Therefore, we should permit of using reasonable force by principals and
     teachers in some situations and should recognize their authorities as they are.
     So, I will expect the Ministry of Educ. and the Prefectural Board of Educ. to make the
     guidelines of it clearly.
5 How to correspond to parents' demands should be regulated by the Board of Educ.
Reason: The demands of regulating incompetent teachers would be stronger by parents and
      so forth and as for these demands, there might be their egoisms and " Like and dislike "
      of teachers. Therefore, it would be restricted of the arbitrary demands.
6 " Outside training " of teachers should be more reinforced.
Reason: Up to now, training of teachers is almost all done in " Inside " , that is, in the school, in
      education center and some study meetings, but with it, it is not possible to correspond
      to I T advancement and the latest technical knowledge and would be insufficient for good
      education. I wish for the national government and local government to reinforce schools and
      teachers to get a lot of skills and knowledge.
7 Teachers jobs should be a little changed.
Reason: Up to now, good teachers might remain in their shools after school and might come
      back home late and sometimes their principals might expect this way implicitly, too.
      Of course, there would be some merits to their schools, but on the other hand they would
      be accustomed to such working styles and might be overcoffident about those styles and
      might be fruitless for education.
      Therefore, they must change the teachers jobs to the above-mentioned ones rationaly
      and it is chiefly responsibility of principals.
8 As for teachers evaluation system, school principal shoud give much points to how the teacher
 help the poor performance teachers.
Reason: Without changing of the present school conditions, if a teacher will be evaluated as an
      incompetent teacher, it is cruel for him or her and it bears the shrinkage of education of
      the school.

U Status Dispossals of teachers in 1998           All Japan
  Number of teachers of status dispossals ....... 60

 Items                         Reason   
  Demotion ........... 2          Defective results,    Eligibility lacks

  Dismissals ....... 15          Absence without permission,    Missing,
                               Mind and body's breakdown,    Defective results,
                               Eligibility lacks

 Prosecution Leave-taking ... 8  Bribe,    Violation of Road Traffic Law,    Robbery
                              Involuntary manslauter            .

 Others ................. 35         Accompaniment to overseas dispatch of spouse,

Number of all Japan's tenured teachers ......... 948.350
Sick-leave ................................................................... 4.395  ( Included, Mental disease 1.707 )
【Source】 Ministry of Educ.
Board of Education Monthly Reports, 1999 December editon
【Comment】 However, people usually say, " This figure is much different from the reality of
        status disposal of teachers, for the hurdle is so high that principal and board of
        edc, cannot jump over it easily.
V Judical decisions of incompetent teachers

                 Kyoto District Court , 1991 Feburary, judged , Judicial Precedent Times, No. 752
1. At the beginning
  Judicial Precedent Times and Judicial Precedent Time Report are the most authentic monthly reports
  of judical cases in Japan. However, there are very few cases of incompetent teachers in them, for
  the real number of incompetent teachers itself is very few and the hurdle of which I described above
  is not changed till now, and it means there are very few good sample of it, too.

  The following is only one case of it after 1991 described in Judicial Precedent Times, and the case
  of a teacher under the conditional period: probational teacher in Japan.
2. Outline
  Junior high teacher ( music ) under conditional adoption period became a status dismissal on
  September 30, and the Court recognized the disposal as legal.
● To neglect to arrange the roll book and not to submit it to the staff in charge of it in spite of his
● Filling in the attendance column was inaccurate.
● He said, " I don't like to use the textbook and the guideline of the study." to the teacher's consultant.
● He was late to submit the teaching plan of the schoolyear that was directed to submit by the
● He dind't write student roll number on the Notice of the school, and no stamp of him were there.
● He disregarded of " Five Stage Evaluation system of students results."
● One day, he stopped his lesson in five minutes because of the class obstruction of the schoolboys
  and some students have been often scolded by him.
● The Class Communication was not made by him since June 10, and there were a lot of mistakes.
● The Class Diary was not stamped by him since May 8, and he has not read it carefully since June 28.
● He failed to play piano at the Entrance Ceremony and the Opening Ceremony of the school.
● He did not submit the training note and the written oath of the new teacher.
● He has often neglected to stamp on the roll book of teachers except at the beginning of April, and
  sometimes, no stamp of him for two months.
● A rear-end collision accident was caused by his boiling looking drive, and for that, he received
  " Oral Punishment " by the superintendent. And afterwards he said, " Foolish guy, superintendet ! "
  in the staff room.
● He hit the floor of the staff room with a volley ball and chatted with some staff sitting on the desk
  of his co-staff and called a person on the phone.
● Two or more female teachers have been touched by him.
● He has lessoned wearing training pants and T-shirt and dit not listen to the comment of it by the
● He played piano and sang loudly in the music room, knowing the meeting of the scholarship
  association at night.
【 Comment 】 How high the hurdle of the status disposal of teachers is in Japan !
   Continue to ......... V A case of removing HRT     W A case of Transfer ( Job changed )
September 2000, described