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Chapter 1
General Principles
Article 1
The purpose of primary and junior high school education is to
foster the sound moral, cognitive, physical, social, and
aesthetic development of the citizens.
Article 2
In this Act the term "competent authority" refers to: the
Ministry of Education at the central government level, the
special municipality government at the special municipality
level, and the county (city) government at the county (city) level.
Chapter 2
Implementation of Primary and Junior High School Education
Article 3
Citizens between 6 and 15 years of age shall receive primary and
junior high school education; citizen’s compulsory enrolment is
governed by separate legislation.
Article 4
Primary and junior high school education is divided into two
stages: six years of primary school education, followed by
three years of junior high school education.
Article 5
In principle, primary and junior high school education is
provided by the government, but the private sector is also
encouraged to engage in providing such education.
Article 6
To safeguard students’ right to learn and the right of
parents to choose the kind of education their children
receive, at the primary and junior high school stages of
education, school-based experimental education shall be
available, conducted in accordance with the provisions of
the Enforcement Act for School-Based Experimental Education;
non-school-based experimental education shall be available,
conducted in accordance with the provisions of the Enforcement
Act for Non-school-based Experimental Education at Senior High
School Level or Below.
To assist the development of the experimental education
referred to in the preceding paragraph, the central competent
authority shall formulate directions governing associated subsidies.
It is not permitted to consider the short-term tutorial education
referred to in the Supplementary Education Act to be a form of
the “non-school-based experimental education” referred to
in Paragraph 1.
Article 7
Acquiring the land required to build schools required for
primary and junior high school education, taking into
consideration urban planning and community development
requirements, shall be given planning priority by the
special municipality and county (city) competent
authorities. The competent authority responsible for
approving the establishment of public primary and junior
high schools (hereunder abbreviated to “schools”) may
appropriate or expropriate land to do so in accordance
with the law.
Article 8
The funds required by any special municipality or county (city)
competent authority to implement primary and junior high school
education shall take priority in budget allocations. Their
sources of finance are as follows:
1. The special municipality or county (city) competent
authority’s general revenue.
2. Funds allocated to special municipality and county (city)
competent authorities in accordance with the provisions of
the Equalization of Land Rights Act.
3. To ensure the sound development of primary and junior high
school education, in accordance with the provisions of the
proviso in Paragraph 1, Article 18 of the Act Governing the
Allocation of Government Revenues and Expenditures, special
municipality and county (city) competent authorities may give
priority to raising the funds necessary to implement primary
and junior high school education.
The central competent authority shall provide subsidies for
special municipality and county (city) competent authorities
to implement primary and junior high school education, based
on their actual needs.
Article 9
The competent authorities at all levels may assign public school
teachers to form professional, autonomous curriculum and teaching
guidance groups of a working group nature; the tasks of these
groups are:
1. To assist in spreading information about and the implementation
of curriculum and teaching related policies.
2. Overall planning to set up guidance resources for their
respective learning areas and topics, which becomes an effective
system to support teachers’ teaching and professional development.
3. To assist schools with curriculum development, provide teachers
with curriculum and teaching consultations and guidance, in
order to implement national education.
4. To research and develop innovative teaching methods, assist
teachers to actively conduct research on teaching, and improve
teaching effectiveness.
The competent authorities at all levels may assign public school
teachers to form working groups to promote student guidance and
counseling, technology education and information technology
education, special education, education for indigenous peoples,
and other related education matters.
The regulations governing the working groups referred to in the
preceding two paragraphs, their organization, and operations, and
the qualifications, selection, assignment, and training of the
teachers involved, incentive awards, and calculation of years of
service for the teachers involved, and other related matters shall
be prescribed by the central competent authority.
Chapter 3
Establishment, Changes to, and Closure of Schools
Article 10
The special municipality and county (city) competent authorities
shall determine the school district boundaries for public schools
and establish the school districts, based on estimates of the
number of school-aged children, transportation, community
development, cultural features, environmental conditions,
the administrative region, and the distribution of schools.
The directions governing the establishment of schools and the
determination of school districts and the directions governing
school placements and admission shall be prescribed by each
special municipality and county (city) competent authority.
To promote peer interactions between students, foster diverse
forms of group learning, integrate educational resources
effectively, create high-quality learning environments,
balance the functions of urban and rural education, and ensure
students’ right to learn, special municipality and county (city)
competent authorities may arrange changes to or the closure of a
public school. The regulations governing the criteria, procedure,
and reviews for changes to or closure of public schools, the
arrangements to be made for the students and staff, and other
related matters shall be prescribed by the central competent
authority. In accordance with the provisions of these regulations,
the special municipality or county (city) competent authority
shall formulate autonomous regulations governing changes or closure.
The word “changes” used in the preceding paragraph refers to a
school changing its name, changing its institutional status, or
merging with one or more other schools.
For the merger or closure of a public school referred to in
Paragraph 2, the special municipality or county (city) competent
authority shall draft plans for the utilization of the campus
space, and education affairs related planning refarding financial
support, and curriculum planning, and invite scholars and experts,
parent representatives, representatives of teaching and other
staff at the school, and local community figures and associated
personnel to assess the project and arrange one or more public
hearings. After being reviewed and approved by the education
review committee of the special municipality or county (city)
competent authority, a report of the merger or discontinuation
shall be submitted to the central competent authority for
future reference.
The merger or closure of indigenous key schools shall be
conducted in accordance with the provisions of the Education
Act for Indigenous Peoples.
A public school may be commissioned to the private sector to
operate; the associated matters shall be handled in accordance
with the provisions of the Act Governing the Commissioning of
the Operation of Public Schools at Senior High School Level or
Below to the Private Sector for Experimental Education.
Article 11
Public universities that offer teacher training programs may
establish affiliated experimental primary schools and junior
high schools to conduct teaching internships, experiments, and
research. The organization regulations shall be drafted by the
public universities that offer teacher training programs and
submitted to the respective competent authorities for the
public universities that offer teacher training programs for approval.
Apart from their organization, personnel, staffing, and budget
matters of the affiliated experimental primary schools and
junior high schools referred to in the preceding paragraph,
which shall be supervised by the public university that offers
teacher training programs with which the schools are affiliated
and by their competent authority, the matters provided for in
this Act shall be supervised by the local special municipality
or county (city) competent authority, in the same way as it
supervises such matters regarding public schools within the
same special municipality or county (city).
The provisions of the preceding paragraph apply, mutatis mutandis,
to primary schools and junior high schools that are affiliated
with senior secondary schools affiliated with public universities
that offer teacher education programs, and to primary schools
and junior high schools affiliated with national senior
secondary schools.
Article 12
Changes to or closure of private schools and/or their campuses
and branches shall be conducted in accordance with the Private
School Law and related laws and regulations.
Chapter 4
Organization, Personnel, and Staffing
Article 13
All schools shall employ a full-time principal who is
responsible for the overall management of school affairs.
The selection of principals of special municipality and
county (city) schools shall be conducted using a publicly
open selection process by a selection committee convened
by the related special municipality or county (city)
competent authority from among candidates who were selected
in an open selection process and satisfactorily completed
further training, or from among currently serving principals
who have nearly completed their term of appointment or who
are more than halfway into their second term, and persons
who have previously served as principals. After a person
has been selected, they shall be appointed to serve as
principal by the special municipality or county (city)
competent authority. However, special municipalities or
counties (cities) with fewer than 15 junior high schools
or 40 primary schools under their jurisdiction may appoint
a principal currently serving a second term and are not
subject to the requirement that the principal has to have
completed more than half of their second term. The associated
directions governing shall be prescribed by the special
municipality or county (city) competent authority.
The selection of the principals of experimental primary schools
and of junior high schools affiliated with public universities
that offer teacher training programs shall be conducted by a
selection committee organized by the public universities that
offers teacher training programs that the school is affiliated
with. Suitably qualified personnel shall be selected be from
among the teachers of the university, and the principal or
teachers of its affiliated experimental primary school or junior
high school, and/or principals or teachers of other schools. The
selected candidate shall then be appointed on a fulltime or
adjunct basis by the president of the public university that
offers teacher training programs, and a report submitted to the
competent authority for future reference.
A private school shall convene a principal selection committee
to conduct the selection of its school principal; the directions
governing the composition and convening of the selection committee,
and other related matters shall be prescribed by the board of
directors of the private school endowment corporation (hereinafter
referred to as the “school legal person”).
The selection committee referred to in the preceding paragraph
shall select a principal from a list of qualified candidates,
using a publicly open selection process.
After selecting a suitably qualified private school principal,
the board of directors of the school legal person shall submit
details of the selected candidate to the special municipality
or county (city) competent authority for approval before the
person is appointed.
Representatives of the parents’ association, and representatives
of the teachers’ association, or teacher representatives shall
be on the selection committee referred to in Paragraphs 2 and 3.
The proportion of each category of representatives on the
committee is not permitted to be less than one fifth, and the
number of members of any gender is not permitted to constitute
less than one third of the total number of committee members.
The composition of the selection committee and the operations
of the selection committee shall each be prescribed by the
special municipality or county (city) competent authority, and
by the public university that offers teacher training programs.
Article 14
The term “candidates who were selected in an open selection
process and satisfactorily completed further training” used
in Paragraph 1 of the preceding article refers to persons who
satisfy one of the following criteria:
1. They are personnel waiting to be a principal who were
selected in an open selection process conducted by the
Taiwan provincial government or a special municipality
competent authority and satisfactorily completed further
training before the February 5, 1999 amendments of this
Act came into effect.
2. They are personnel waiting to be a principal who were
selected in an open selection process conducted by a
special municipality or county (city) competent authority
and satisfactorily completed further training since the
February 5, 1999 amendments of this Act came into effect.
3. They are personnel who were selected in a publicly
conducted selection process and satisfactorily completed
further training to be school inspector or section chief
before the February 5, 1999 amendments of this Act came
into effect and are qualified to be a school principal.
Any full-time public school teacher who was in any of the
circumstances listed in the following subparagraphs in the
previous three years is not permitted to participate in the
open selection, training, or final selection to serve as a
principal:
1. The person has been found guilty of a criminal offense.
However, this restriction does not apply if a final and
conclusive court judgment declared that the person was
not guilty.
2. The person is subject to disciplinary action which has
not been revoked.
3. The person has received a demerit or more severe
administrative penalty, which has not been revoked.
The regulations governing the selection and further training
of principals, and other related matters referred to in
Paragraph 1 of the preceding article shall be prescribed
by the central competent authority.
Article 15
The special municipality and county (city) competent
authorities, and public universities that offer teacher
training programs that organize selection committees in
accordance with Paragraphs 2 and 3 of Article 13 shall
evaluate the performance of the principals serving at
schools, or affiliated experimental primary schools and
junior high schools and use the results of the evaluations
as the basis for deciding whether or not to continue their
appointment.
Article 16
School principals are employed on a fixed-term basis. The
term of appointment is four years for a public school
principal, and the principal may be employed for one
consecutive term at the same school. Principals may return
to a teaching position after their term of appointment
expires. However, a principal who will reach retirement
age within a year after their term of appointment expires
may, with the approval of the selection committee and of
the competent authority after the proposal is reported to
it, continue to serve as principal until their retirement.
The associated directions shall be prescribed by the respective
competent authorities.
The term of appointment for principals of schools in indigenous
areas shall be prescribed by the special municipality or county
(city) competent authority.
With the exception of the term of appointment referred to in the
proviso in Paragraph 1, the term of appointment for principals
of special municipality and county (city) schools may be
extended to fit in with the beginning and end of the school
year, schools if the selection committee agrees and submits
its decision to the special municipality or county (city)
competent authority and approval is given. The associated
directions shall be prescribed by the special municipality
or county (city) competent authority.
The directions governing the term of appointment and
consecutive terms of appointment of private school
principals shall be prescribed by the board of directors
of the school legal person.
Article 17
If there is factual evidence of a school principal’s
unsuitability for employment, in accordance with the law,
the principal shall be removed from their position,
transferred to another position, or dealt with in another
appropriate way by the competent authority for the school;
in accordance with the law, a principal of a private school
shall be removed from their position, transferred to another
position, or dealt with in another appropriate way by the
board of directors of the school legal person.
The regulations governing the determination of the existence
of factual evidence of incompetence referred to in the
preceding paragraph, the way to deal with the situations
referred to there, and other associated matters shall be
prescribed by the central competent authority.
Article 18
If a currently serving principal of a public school who has a
teacher’s qualification as defined by the Teachers’ Act is
willing to resume a teaching position, the competent authority
shall assign them to a school, or a public university that
offers teacher training programs shall arrange for them to
teach at their former school. The principal’s resuming a
teaching position is not subject to the provisions of the
Teachers’ Act or the Act Governing the Appointment of
Educators relating to requirements for teachers to be assessed
and approved by the school’s teacher evaluation committee.
The currently serving principal of a public school referred to
in the preceding paragraph is not permitted to resume a teaching
position if it has been determined by the competent authority
that any of the circumstances which the Teachers’ Act or the
Act Governing the Appointment of Educators stipulate are grounds
for dismissal or denial of renewal of appointment apply to that person.
If a currently serving public school principal has served their
term and has not been selected for reappointment, or is not
qualified to teach and is unable to take a teaching position,
or is qualified to teach but unwilling to resume a teaching
position, the school’s competent authority or a public
university that offers teacher training programs may handle
the situation in the following ways:
1. Approve retirement for those who satisfy the criteria for
voluntary retirement.
2. Give those who do not satisfy retirement criteria or who
are unwilling to retire, priority counseling to assist them
to transfer to another occupation or position they are
willing to take and in accordance with their individual
qualifications.
If a principal currently serving at a private school who has
a teacher’s qualification as defined in the Teachers’ Act
is willing to resume a teaching position, their case shall
be dealt with by a resolution made by the board of directors
of the school legal person.
The currently serving principal of a private school referred
to in the preceding paragraph is not permitted to resume a
teaching position if it has been determined by the competent
authority that any of the circumstances specified by the
Teachers’ Act or the Act Governing the Appointment of
Educators as grounds for dismissal or denial of renewal
of appointment apply to that person.
Article 19
Schools shall set up a school council, convened and presided
over by the principal, that will deliberate on and make
decisions about the following matters:
1. Important matters pertaining to school development and
campus planning.
2. Important rules and regulations formulated in accordance
with ordinances or based on legal authority.
3. Educational affairs, student affairs, general affairs,
and other important matters within the school.
4. Other matters which in accordance with ordinances shall
be resolved at a school affairs meeting.
The school council members shall include the principal,
all full-time teachers or representatives of the teachers,
representatives of the parents’ association, and
representatives of staff members; students shall be
invited to attend meetings in a non-voting capacity.
When selecting teachers’ representatives to be on a school
council, the number of persons of any gender is not permitted
to be less than one third of the total number. The directions
governing the proportion of different categories of school
council members and the operations of school councils shall
be prescribed by the respective competent authorities.
Article 20
To handle educational affairs, student affairs, general
affairs, and other matters, schools shall set up, separately
or in combination, a tier-one unit and/or a tier-two unit,
depending on the size of the school.
The tier-one units referred to in the preceding paragraph have
a director and the tier-two units referred to in the preceding
paragraph have a section chief, and tier-one and tier-two
units both also have several staff members. The directors at
public schools shall be appointed to serve on a part time
basis by the principal from among qualified full-time teachers
who were selected and then satisfactorily completed further
training; the section chiefs shall be selected from among the
teachers to serve on a part-time basis, or from among the
staff to serve on a full-time or part-time basis; and the
staff of the units shall be selected by the principal. The
selections shall all be submitted to the special municipality
or county (city) competent authority for future reference.
Schools shall set up personnel and accounting units. Smaller
public schools which have not set up such dedicated units may
employ full-time personnel and accounting staff from agencies
of the special municipality or county (city) competent
authority (organization) for personnel and accounting,
schools’ fulltime personnel and accounting personnel, or
qualified staff who have satisfactorily completed associated
training organized by a relevant authority and work on a
part-time basis. The standards governing the staffing of the
units shall be in accordance with the provisions of related
ordinances.
The personnel referred to in the preceding paragraph do not
include nursing personnel.
Any full-time public school teacher who was in any of the
circumstances listed in the following subparagraphs in the
previous three years is not permitted to participate in the
selection of a director, training to serve as a director, or
obtain the qualifications to serve as a director:
1. The person has been found guilty of a criminal offense.
However, this restriction does not apply if a final and
conclusive court judgment declared that the person was
not guilty.
2. The person is subject to disciplinary action which has
not been revoked.
3. The person has received a demerit or more severe
administrative penalty, which has not been revoked.
The regulations governing the selection and further
training of directors at public schools, and other
associated matters shall be prescribed by the central
competent authority.
Article 21
Schools shall conduct student guidance and counseling
matters in accordance with the provisions of the Student
Guidance and Counseling Act.
Schools shall promote student guidance and counseling
work through a dedicated unit or dedicated personnel.
Tier-one guidance and counseling units have a director
and tier-two units have a section chief, and tier-one
and tier-two units both also have a number of full-time
counseling teachers. The director and section chief shall
be selected by the principal from among teachers who are
enthusiastic about guidance counseling and who possess
related professional knowledge and skills. In principle,
counseling directors and counseling teachers are appointed
on a full-time basis.
The number of full-time counseling teachers and full-time
professional guidance counselors a school has in its
staffing complement shall comply with the provisions of
the Student Guidance and Counseling Act.
Article 22
Schools shall establish libraries (or reading rooms),
allocate ample funding in their budget for purchasing
books, and provide reading courses as incentives to
encourage extracurricular reading.
Article 23
In principle, public schools shall have small classes
and each class shall have a teacher serving as its homeroom
teacher on a part-time basis. Small schools may consider
increasing the number of teaching positions. The
regulations governing class sizes and staffing shall be
prescribed by the central competent authority.
The regulations governing staffing referred to in the
preceding paragraph may be prescribed based on the number
of students’ learning periods and the number of hours the
teachers teach.
The special municipality or county (city) competent
authority may consider a school’s needs, and in
accordance with the provisions of the regulations
referred to in Paragraph 1 and remaining within a fixed
proportion of the full-time staff complement of the
entire school, shall use all of the fulltime personnel
staffing budget not being spent because of staff
vacancies to pay expenses to employ necessary teaching
staff for the school.
Article 24
Teachers shall be employed full-time; when necessary,
in accordance with the law, teachers may be employed
part-time, and personnel specializing in specific
disciplines or fields to provide part-time teaching
support.
Regulations governing the scope of work, qualifications
review criteria, certification, appointment, dismissal,
suspension, reporting of being unsuitable for employment,
teaching hours, remuneration, rights and obligations, and
other matters pertaining to the teaching support personnel
referred to in the preceding paragraph shall be prescribed
by the central competent authority.
The operations to undertake the certification referred to
in the preceding paragraph shall be conducted by the
special municipality or county (city) competent authority.
With the agreement of the respective competent authorities,
teaching support personnel may have already recognized
qualifications recognized by other competent authorities.
People who underwent checking and training that was
implemented in accordance with the provisions of the
central competent authority with satisfactory results
before June 30, 2002 are qualified to be employed as
the teaching support personnel referred to in Paragraph 1.
The standards governing the weekly teaching hours referred
to in Paragraph 1 shall be prescribed by the central
competent authority.
Article 25
Public schools may jointly appoint a teacher with another
school because of cooperation between the schools, course
needs, or special circumstances, and the teacher shall be
appointed on a full-time basis in one of the schools. The
regulations governing the criteria for jointly appointing
teachers and the associated ratio limits, the teachers’
rights and obligations, and other related matters shall
be prescribed by the central competent authority.
Article 26
The employment of school teachers is governed by other
legislation. The regulations governing teachers’
continuing professional development, awards and
disciplinary measures, transfers of public school
teachers, procedures, and methods for transfers, and
other related matters shall be prescribed by the central
competent authority.
Public school principals and teachers shall have their
work performance evaluated; the regulations governing
the composition and tasks of the evaluation panel or
evaluation committee, the evaluation procedure,
evaluation levels, categories of rewards and penalties,
notification of evaluation results, and other related
matters shall be prescribed by the central competent
authority.
The number of members of any gender is not permitted
to constitute less than one third of the total number
of members of the evaluation panels and evaluation
committees referred to in the preceding paragraph.
Article 27
Apart from the appointment of private school principals,
teachers, and other staff conducted in accordance with
the relevant provisions of the Act Governing the
Appointment of Educators, the Teachers’ Act, and
the Private School Law, and relevant provisions of
this Act, the people in charge of each unit, and each
unit’s teachers, and other staff shall be appointed
or employed on a part-time basis by the principal, and
the staffing decisions shall be submitted to the special
municipality or county (city) competent authority for
future reference.
Chapter 5
Student Admissions
Article 28
The local household administration authority shall
compile a register of the six-year-old school-age
children and submit it to the respective special
municipality or county (city) competent authority
by school district. The respective city, township,
and district offices shall notify the citizens listed
in the register to enroll in the designated public
primary school.
The special municipality or county (city) competent
authority shall give public primary school students
due to graduate in the current year placements to
attend a public junior high school in their school
district.
Article 29
The school district boundaries for private schools
shall be determined by the special municipality or
county (city) competent authority taking into
consideration distinctive local characteristics.
For student admissions to private schools, the
schools shall formulate enrollment regulations based
on the principles of equal educational opportunity
and the sound development of primary and junior high
school education and submit the enrollment regulations
to the special municipality or county (city) competent
authority for approval.
Article 30
The regulations governing the eligibility criteria
and method for enrolling children of government
personnel working overseas, overseas Chinese students,
foreign students, and stateless students in schools
and other related matters shall be prescribed by the
central competent authority.
To recruit foreign professionals and outstanding
experts in the field of science and technology from
outside Taiwan, the government has established special
programs for their children at public schools. The
determination of the associated school district
boundaries, class sizes and staffing, courses,
textbook selection, class grouping, normal teaching,
and learning assessment may be conducted without
applying Paragraph 1 of Article 10, Paragraph 1 of
Article 23, Article 34, Article 35, Article 39, and
Article 40. The regulations governing the setting up
of such programs, admission eligibility criteria and
methods, fees, and other related matters shall be
prescribed by the central competent authority.
Article 31
After students have enrolled, schools shall accurately
record students’ school enrolment status and data in
written or electronic form for permanent archiving and
protect data security and use such data in accordance
with the law.
If a school undergoes a merger with another school or
closure, the school records of its students shall then
be managed by the school newly formed by the merger, or
by a school designated by the associated special
municipality or county (city) competent authority.
Autonomous regulations governing the management of the
student records referred to in the preceding two
paragraphs shall be prescribed by the special municipality
or county (city) competent authority.
Chapter 6
School Tuition Fees & Scholarships
Article 32
School students do not pay school tuition fees. The
special municipality or county (city) competent authority
shall provide books for financially disadvantaged
students, and these students are exempt from fees
prescribed in the provisions of other ordinances.
Public school students are exempt from miscellaneous
fees; autonomous regulations governing the various
administration fees for some services shall be prescribed
by the special municipality or county (city) competent
authority.
Autonomous regulations governing the miscellaneous fees
and administration fees for some services levied by
private schools shall be prescribed by the special
municipality or county (city) competent authority.
Article 33
Each competent authority and schools shall establish
scholarships and grants for excellent students and
students from low-income families.
Chapter 7
Curriculum, Teaching, and Learning Assessment
Article 34
The central competent authority shall formulate
curriculum guidelines for primary and junior high
school education and associated directions for the
implementation of the guidelines to serve as the
foundation for schools’ course planning and
implementation; schools may integrate social
resources into their course planning to enrich
teaching activities.
The relevant provisions of the Senior High School
Education Act apply, mutatis mutandis, to the
research, development, and reviews of the curriculum
guidelines for primary and junior high schools.
Article 35
In principle, school textbooks are compiled by
non-government parties and, when necessary, may be
compiled by the central competent authority.
The editing and evaluation of school textbooks shall
both be undertaken in accordance with current
ordinances and international conventions that are valid
in Taiwan. The National Academy of Educational Research
shall conduct related research and/or training for school
textbook editors and people applying to be approved to
be examiners of textbooks.
School textbooks and books used in schools shall be
reviewed by the National Academy for Educational
Research; the regulations governing the composition
and operations of the review committee, qualifications
to apply to be approved as an examiner of textbooks,
the application procedure, review scope, review procedures,
fees, issuing and annulment of examiners’ licenses,
printing specifications, textbook revisions, appeals,
textbook pricing mechanism, and other related matters
shall be prescribed by the central competent authority.
School textbooks and books used in schools shall be
selected by each school through a public process; the
directions governing their selection and use shall be
formulated by the school and implemented after approval
has been given by a school affairs meeting.
Article 36
The books and textbooks that a school has selected to
use may be procured by the central competent authority
or by a special municipality or county (city) competent
authority designated by the central competent authority,
in accordance with the provisions of the Government
Procurement Act, or by entering into an administrative
contract with a textbook publisher; the form of such a
contract shall be prescribed by the central competent authority.
The books and textbooks referred to in the preceding
paragraph that schools use for arts and activities
subjects shall be lent without charge to students who
require such assistance.
Article 37
In order to enrich students’ experience and strengthen
connections with real-life situations, schools shall
promote activities outside the classroom and provide
courses that give students opportunities for exploration,
practice, and experience building. Autonomous regulations
governing funding sources for their promotion, fee-charging
criteria, division of labor and responsibility of personnel,
risk management, and other related matters shall be prescribed
by the special municipality or county (city) competent authority.
Schools shall plan and handle educational activities to
nurture students’ self-awareness, exploration of different
vocations, and career development, and provide adaptive
guidance and counseling to assist students choose a career
path based on their abilities, aptitudes, interests, and
other needs.
Article 38
In order to accommodate students’ individual differences,
learning interests, and needs, schools shall provide practical
skills courses to enhance their skill-based education as electives.
Students in Grade 9 shall be provided elective skill-based
courses by their schools to take in accordance with the
principle of freely choosing to do so; the schools may
organize the classes for these courses using project-based
placements. The implementation regulations shall be
prescribed by the central competent authority.
Article 39
Schools shall form classes in all grades in such a way that
each class reflects the norm-curve distribution. To at the
same time accommodate students’ adaptive development
requirements, schools may implement group learning. The
regulations governing class grouping and group learning,
procedures for handling breaches of regulations, and other
related matters shall be prescribed by the central competent
authority; in accordance with these regulations,
supplementary directions may be formulated by the special
municipality or county (city) competent authority.
Smaller schools may implement mixed-age teaching or
mixed-age classes in order to improve student learning
effectiveness; the regulations governing the implementation
method and other related matters shall be prescribed by the
central competent authority.
In order to implement normal teaching in schools, the special
municipality and county (city) competent authorities shall
establish a supervisory mechanism and assign supervisors
to conduct on-site inspections; the regulations governing
the supervision methods, scope, awards and disciplinary
measures, and other related matters shall be prescribed
by the central competent authority.
Article 40
Students’ learning shall be assessed. The regulations
governing what is assessed, the assessment methods,
principles, handling of violations of assessment regulations,
and other related matters shall be prescribed by the central
competent authority; in accordance with these regulations,
the special municipality or county (city) competent
authority shall formulate supplementary directions governing
the assessment of students’ learning.
If a student completes their studies in accordance with the
provisions of the preceding paragraph and achieves
satisfactory results, their school shall award the student a
graduation certificate.
Junior high school students shall take part in the
Comprehensive Assessment Program for Junior High School
Students conducted by the central competent authority in
conjunction with the special municipality or county (city)
competent authority, unless given approval by the special
municipality or county (city) competent authority to not
take part; the methods for conducting the Comprehensive
Assessment Program for Junior High School Students are
prescribed in the regulations referred to in Paragraph 1.
In order to conduct the Comprehensive Assessment Program
for Junior High School Students, the central competent
authority may commission universities, professional
academic associations, or foundations to work in conjunction
with special municipality and county (city) competent
authorities to handle the setting of test questions and
testing-related matters; the eligibility criteria to be met
by participants, implementation methods, scope of tasks, and
other related matters are prescribed in the regulations
referred to in Paragraph 1.
Article 41
Special municipality, and county (city) competent authorities,
and schools shall plan flexible courses and a range of
guidance and counseling measures for students who have
resumed attending school after dropping out to help them
adapt to their school’s education curriculum.
Article 42
The criteria governing facilities and equipment in schools
shall be prescribed by the central competent authority. In
the light of local requirements, the special municipality
or county (city) competent authority may separately
prescribe criteria for use in their locality, and submit
them to the central competent authority for future reference.
Chapter 8
Student Rights & Parent Involvement
Article 43
Schools shall take out group insurance for students.
The group insurance is governed by other legislation.
Schools shall actively assist students who lodge an
insurance claim.
The competent authorities at each level shall take out
public liability insurance covering the premises and
facilities of schools under their jurisdiction.
The costs incurred for the insurance referred to in the
preceding paragraph shall be paid for with an allocation
in the central competent authority’s annual budget.
Article 44
The central competent authority shall prescribe directions
governing student awards and disciplinary measures, and
regulations governing their handling and associated matters;
in accordance with these regulations, each special
municipality or county (city) competent authority shall
formulate autonomous regulations governing student awards
and disciplinary measures.
Article 45
Students seeking remedies to protect their rights and
interests shall do so in accordance with the appeal and
re-appeal procedures specified in this Act.
If a student believes that disciplinary actions or other
measures taken against them by their school, or resolutions
that the school has made are illegal or improperly affect
that student’s rights and interests, an appeal may be
lodged with the school by the student’s legal representative
or their actual care giver(s). If they are not satisfied with
the decision made by the school, a re-appeal may be submitted
to the special municipality or county (city) competent
authority of where the school is located. The unit that
receives an appeal or re-appeal shall, within ten days of
its receipt, send the matter to the student appeals committee
or student re-appeals committee that must handle the matter
and notify the student and their legal representative or
actual care giver(s).
An appeal shall be made in writing within 40 days from the
day after the receipt of a notification of a disciplinary
action or other measure, or resolution. A re-appeal shall
be made in writing within 40 days from the day after the
receipt of the letter conveying the appeal decision. The
receipt date is the date on which a school receives an
appeal or the special municipality or county (city)
competent authority receives a re-appeal.
Article 46
Schools shall establish a student appeals committee, that
is not permitted to have less than one fifth of its members
who are parent representatives, and that shall include at
least one expert or scholar in the field of law, education,
rights and interests of children and youth, or psychology
or counseling. The special municipality and county (city)
competent authorities shall establish a student re-appeals
committee. More than half of its members shall be experts
or scholars in the fields of law, education, rights and
interest of children and youth, or psychology and
counseling. The number of members of any gender is not
permitted to constitute less than one third of the total
number of members of a student appeals committees and
student re-appeals committees. Regulations governing
the scope of appeals and re-appeals, time limits,
committee formation, investigation methods, appraisal
methods, implementation of the results of appraisals,
and other related matters shall be prescribed by the
central competent authority.
When a school handles disciplinary action or an appeal
matter, and when a special municipality or county (city)
competent authority handling a re-appeal matter, it
shall do so maintaining the principles of objectivity,
fairness, and professionalism, and give the person
subject to disciplinary action or the appellant adequate
opportunity to provide statements and respond to accusations.
A school shall notify the person being punished in writing
or by some other appropriate means. The school or special
municipality or county (city) competent authority shall
notify the appellant or re-appellant in writing of the
decision made and the remedy procedures available if the
person is not satisfied with the decision reached.
If the original disciplinary action, measure, or resolution
was regarding an administration matter, any re-appeal
decision shall be regarded as equivalent to an administrative
appeal decision. If the appellant is dissatisfied with a
further appeal decision, they may initiate administrative
proceedings in accordance with the law.
Article 47
The procedures for the subsequent handling of any cases
that remained pending from before the provisions of the
preceding two articles come into effect shall be finalized
in accordance with the provisions of the amendments after
they take effect.
Article 48
To protect the rights and interests of children during the
primary and junior high school stages of their education,
their parents shall play their part by taking responsibility
for counseling their children and attending parent association
meetings. Parents have the right to participate in educational
affairs to ensure students’ rights to learn and their personal
rights. The regulations governing participation methods,
content, procedures, and other related matters shall be
prescribed by the central competent authority.
Each school shall establish a parents’ association comprising
parents of the current students, and its name shall begin with
the name of the school. Autonomous regulations governing the
association’s charter, tasks, number of committee members,
method of selecting committee members, terms served by
committee members, election and recall of committee members,
rules of procedure, funding sources, financial management,
operations, and other related matters shall be prescribed by
the special municipality or county (city) competent authority
in which the school is located, after consulting parent groups.
The competent authorities at each level shall regularly assist
parent groups to conduct empowerment training for parent
involvement in education affairs.
Chapter 9
Supplementary Compulsory Education
Article 49
Citizens older than school age who have not received primary
and/or junior high school education shall receive
supplementary compulsory education.
Schools shall establish continuing education departments for
the implementation of supplementary compulsory education.
Article 50
A school shall appoint a director of its continuing education
department and may appoint a number of full-time teachers or
staff of the school to concurrently serve as section chiefs;
teachers who are qualified personnel in accordance with the
law who work at the school or elsewhere serve concurrently
as section chiefs; staff of the school may serve as section
chiefs on a full-time basis or concurrently.
Article 51
Citizens must be at least 15 years of age for admission
to a school’s continuing education department.
A primary school may assign new students in its continuing
education department to classes that are consistent with
their level.
Citizens shall meet one of the following criteria for
admission to the continuing education department of a
junior high school:
1. The person has graduated from primary school or from
a primary school level supplementary compulsory education
school.
2. The person has passed a Self-Study Academic Ability
Assessment Examination and has the academic ability of
a person who completed primary school.
3. The person has an educational level equivalent to
having completed primary school.
A registration system is used for the admission referred
to in the preceding two paragraphs and the application
procedure; the associated directions shall be prescribed
by the special municipality and county (city) competent
authorities.
Article 52
The continuing education department of a primary school
is divided into lower and upper divisions. The lower
division provides education equivalent to the first
three years of primary school education, and the term
of study of the continuing education is between six
months and one year. The upper division provides education
equivalent to the last three years of primary school
education, and the term of study is between one year and
six months and two years. The continuing education
department of a junior high school provides education
equivalent to a junior high school education; the term of
study of the continuing education is not permitted to be
less than three years.
Article 53
Supplementary compulsory education may be provided in
the form of daily weekday courses, non-daily weekday
courses, or weekend courses.
Article 54
The learning content of supplementary compulsory
education shall be prescribed by the central competent
authority, with reference to the content of the primary
and junior high school curriculum guidelines and serve as
the basis for school planning and implementation of the
curriculum, and planning based on students’ age, physical
and mental development, life and work needs shall be
undertaken to meet students’ learning requirements and
social needs.
Article 55
Any student who completes courses at supplementary
compulsory education school with passing grades is
permitted to graduate and shall receive a graduation
certificate from the school giving the person has the
same graduation qualification as a person who graduated
from a regular school, of the same category, at the same
level.
Directions related to the assessment of the achievements
referred to in the preceding paragraph shall be prescribed
by the special municipality and county (city) competent
authorities.
Article 56
Regulations governing the scope of the primary school
and junior high school graduation level Self-Study
Academic Ability Assessment Examinations, the agencies
that conduct the examinations, its annual frequency and
schedule of the examinations, the subjects examined,
eligibility to take the examinations, certificate issuing,
and annulment, and other related matters shall be
prescribed by the central competent authority.
Article 57
Schools’ continuing education departments do not charge
tuition fees but may consider charging miscellaneous
fees or administration fees for some services if it
is seen to be necessary. Autonomous regulations
governing the collection of fees shall be prescribed
by the special municipality or county (city)
competent authority.
Chapter 10
Supplementary Provisions
Article 58
Schools shall operate in conjunction with local
requirements, assist the provision of lifelong
learning, and promote community development.
Article 59
The income of public schools obtained by providing
venues, facilities, and/or equipment for others to
use or by commissioning use for business purposes,
or encouraging non-government parties to take part
in activities, is not subject to the provisions of
Article 7 of the National Property Act pertaining
to income being surrendered to the national treasury,
or surrendering local public property management
income to local government treasury agencies, and
related directions.
When venues, facilities, and equipment are provided
to others to use, as referred to in the preceding
paragraph, schools shall give priority to their use
for public welfare purposes, and their use by others
is not permitted to affect their use by the school’s
teachers and students.
If public schools that provide budget allocations for
affiliated units, every income and expenditure item
shall be handled using a special fund in accordance
with the budgeting procedures of the Budget Act.
Article 60
The competent authorities at each level may collect,
process, or use the personal data of students,
teaching staff, and other education personnel at the
primary and junior high school education stage, and
establish an associated database in order to understand
and plan conditions affecting their students’ education,
learning outcomes, teacher staffing, teacher appointments,
and situations requiring teachers with special expertise;
the special municipality or county (city) competent
authorities shall transmit the contents of their
databases to the central database in accordance with
the directions of the central competent authority.
Article 61
The enforcement rules for this Act shall be prescribed
by the central competent authority.
Article 62
This Act shall take effect from the date of
promulgation, with the exception of the provisions
of Article 45 and of Article 46, which shall take
effect one year after the date of their promulgation,
and with the exception of Chapter 9 for which the
Executive Yuan shall set the date that it takes effect. |