本文旨在研究因少子女化而必須裁校、併班或學區調整等，而產生之超額 教師介聘問題，分析超額教師產生原因和影举因素外，主要透過法學角度探討 超額教師之法律性質、學校校務會議與教師評審委員會對超額教師決定之權限 與影響。本文分析認為學校對超額教師之決定，係為一行政處分，且排除適用 行政程序法第3條第3項第6款、第7款之適用，故按行政程序法之適用對象、類 型及定義内涵而言，學校決定超額教師之機制與程序，應適用行政程序法之規 範，以落實正當法律程序之要求。

The purpose of this study was to investigate the impact of the trend of low natality that curtailing and combining schools or school district adjustmented, which arising from the issue of the transfer of surplus teachers. Analysing the causes and factors of surplus teachers by the view of education, but also through the analysis of the legal definition of the surplus teachers and the decisions and influence of the school council and teacher evaluation and review committee for the surplus teachers. This paper analyzes the decision of surplus teachers in school is an administrative disposition, which exclude the application of Article 3，paragraph 3 of the application in Administrative Procedure Law. So, according to the Administrative Procedure Law applicable object types and definitions content, the school decided to surplus teachers of mechanisms and procedures shall apply to the Administrative Procedure Law standards, to implement the requirements of Due Process of Law.