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社評雙語道:適切有效監管 防校長權力膨脹 Enhance checks and balances on school principals to prevent abuse of power

2019-03-18

■Jeffrey Tse (ywc_jeffrey@hotmail.com)

原文

一名小學女教師月初於任教的小學跳樓身亡,所在學校的校長被傳媒披露曾對死者諸多責難及言辭粗暴,懷疑死者是在校長壓力下輕生。辦學團體東華三院昨宣佈成立獨立調查委員會查清事件,做法合適,期待還死者一個公道。事件更顯示,教育部門須系統檢討現行《校本管理條例》下,如何更有效對學校管理層行使權力作出合適監管,避免校長權力膨脹。

懷疑不堪工作壓力跳樓身亡的女教師,被曝去世前一周,在患病告假的情況下,仍被校長召回校責罵,又被要求寫悔過書。女教師翌日在校內輕生。事後,該校長成為輿論焦點,但就連日不見蹤影,更無解畫。辦學團體東華三院昨日宣佈,成立有6至7位不同界別代表的獨立調查委員會,表明盡量作公開、公正、公平的調查,讓所有持份者表達意見,又承諾所有人士都不用擔心因為協助調查而有任何後果。

事件令各界關注,現行制度下,學校校長行使權力是否有適切的、足夠的監管,學校會否成為校長獨斷專行的「獨立王國」。《校本管理條例》於2003年全面落實後,全港公營和資助中小學就設立了具法人地位和獨立於辦學團體的法團校董會,直接向政府當局負責。按法例,校長是法團校董會的當然成員,學校校監出任法團校董會主席。但一般而言,校監極少參與學校日常運作,而校董會的其他成員如家長、教師、校友等,在學校管理上的發揮空間相當有限,校長只要取得校監信任,就可大權在握。因此,校長的管理作風和個人操守對校政管理起茖M定性作用。在現行制度下,校長工作鮮有受到上層的監督,亦沒有受到校內其他力量的約束,缺乏適當制衡的管治架構,容易衍生權力膨脹的弊端。

幾年前的興德學校風波中,屯門興德學校校長就被揭發連串醜聞,包括驅趕教師、偽造文件、製造「影子學生」、要求請病假教師送現金或餅卡、安裝閉路電視監控老師等無理事件,最終在教育局介入後,校董會才罷免校長,事件已經反映校長權力缺乏監管、弊端叢生。

所有公營和受資助學校,都是以公帑資助營運,教育局作為學校的「老闆」,絕對有權過問其管理情況。雖然教育當局不宜直接干預校政,但並不意味荍馴放任自流。教育當局沒有合適地運用監管權力,只是在事發後,甚至鬧得不可收拾才介入,對師生、學校各持份者乃至教育界都會造成不良影響。

教育局不能事事以《校本條例》或「校政自主」為擋箭牌,放任學校管理層獨斷獨行。在人命悲劇的教訓下,期待教育局認真考慮建立有效機制,切實改善學校的管理問題,認真履行監管責任。

(摘錄自香港《文匯報》社評11-3-2019)

譯文

A female primary school teacher fell to her death at school in an apparent suicide at the beginning of the month. It is reported that the school principal has been making unreasonable demands and verbally abusing the teacher. The Tung Wah Group of Hospitals (TWGHs), the sponsoring body of the school, announced yesterday that it would set up an independent investigation committee to probe the incident. While it is sincerely hoped that this timely investigation will deliver justice to the deceased, the incident has exposed the urgent need for the local education authority to rethink its role as a supervisor under the School-Based Management Policy, if it were to avoid vesting too much power in school principals.

It has been revealed that just one week before she committed suicide allegedly due to work-related stress, the teacher was called back to school and heavily criticised when she was on sick leave. She was even forced to submit a "statement of repentance" the day before she plunged to her death. The school principal has been put under the media spotlight in the aftermath of the tragic event, but was gone missing without giving any explanation to the public. The TWGHs said yesterday that an independent investigation committee made up of six to seven members from different sectors will probe into the incident with due fairness, impartiality, and transparency. The group also vowed to let every stakeholder to freely express their opinion without any fear of consequences for what they tell the committee.

The incident has prompted concerns on whether there are enough checks and balances on principals, that could effectively prevent schools to become their "independent kingdoms". Since the School-Based Management Policy was made into law in 2003, all public sector primary and secondary schools (including government schools and aided schools) are required to establish Incorporated Management Committees (IMC) that hold the status of legal entities. IMCs are independent from the sponsoring body of the school, and they report directly to government authorities. As prescribed by law, while the school principal is an ex-officio member of an IMC, the president of IMC meetings would be the school supervisor. However, the supervisor's participation in the daily operation of the school is usually minimal. Other members of the IMC such as parents, teachers, and alumni, only have a very limited role in school management. School principals can wield enormous power if they manage to win the trust of supervisors. Therefore, the principal's management style and personal conduct play a decisive role in school administration. Under the current system, the principal is largely autonomous from governing bodies while there is little binding force from within the school. The lack of proper checks and balances within the governance structure could easily end up in schools vesting too much power in principals.

A few years ago at the scandal-struck Hing Tak School in Tuen Mun, the school principal was found to be involved in a series of blunders. She once called the police to demand angry and defiant teachers to leave the school. She also committed forgery, enrolled "shadow students" that never attend school, demanded "cake coupons" or cash from teachers who go on sick leave, and even have CCTV cameras installed to monitor school teachers. It is only after the Education Bureau stepped in that the IMC finally sacked the rogue principal. The scandal series showed perfectly what school principals could potentially do as they enjoy enormous power with little accountability.

All public sector schools, no matter government run or aided, are funded from the public coffers. As the de facto boss of these schools, the Education Bureau has undeniable authority in supervising their administration. Even though it is improper for the authorities to directly meddle with the daily operations in schools, that does not mean government officials should shy away from responsibility. It is clear that the Education Bureau has failed to exert its authority in the supervision of public schools, and that it has only intervened when things got out of hand. This is going to have a negative impact on teachers, students, other stakeholders at school, and even the education sector as a whole. The Education Bureau cannot quote school autonomy or use its School-Based Management Policy as an excuse to let school managements across the city act arbitrarily. Having witnessed the primary school teacher's tragic event, it is hoped that the Education Bureau will seriously consider establishing an effective mechanism to enhance school management, and fulfil its responsibilities as the supervisor of local schools.

Exercise

1. 當然成員

2. 法律責任

3. 直接資助計劃(直資)學校

4. 校董

5. 辦學團體

Answer

1. Ex-officio member

2. legal liabilities

3. Direct Subsidy Scheme (DSS) school

4. school manager

5. school sponsoring body

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