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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 06:41
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Chapter Law Content

Chapter 2 Establishment
Section 1 Establishment of a school
Article 7
A private elementary school shall be established in compliance with the following criteria:
1. School land:
(1) For a school with less than 180 students, the developable and usable area of the school land should be at least 2,700 square meters.
(2) For a school with over 180 students, the area of the school land should be increased by 12.5 square meters for each additional student.
(3) If the public facilities in local community are available to the school for physical education purpose, with supporting consent of use being presented and approval obtained from the relevant regulatory authorities, deduction in the area requirement for standard school land equaling one half of the public facilities’ area can be made. However, the deduction shall not exceed one-fifth of the total school land area.
2. School buildings and other equipment: The Elementary School Equipment Benchmark shall apply.
3. School funding and finance:
(1) There should be sufficient funds for the establishment of the school (e.g., purchase or rental of the school land, construction, and equipment) and the annual current expenses required for maintaining basic operation of the school. A detailed school funding statement shall be provided.
(2) A sufficient school foundation fund, depending on the scale of the school, should be raised and deposited into an earmarked bank account. For a school with less than six classes, it should be NTD 5,400,000; for a school with seven to twelve classes, it should be NTD 10,800,000; for a school with 13 to 18 classes, it should be NTD 16,200,000; for a school with more than 19 classes, it should be NTD 25,000,000.
4. Faculty: Qualified teachers should be hired in accordance with relevant regulations. Staffing structure shall comply with the Guidelines on Class Size and Staffing in Elementary and Junior High Schools.
Article 8
A private junior high school shall be established in compliance with the following criteria:
1. School land:
(1) For a school with less than 210 students, the developable and usable area of the school land should be at least 3,360 square meters.
(2) For a school with over 210 students, the area of the school land shall be increased by 13.5 square meters for each additional student.
(3) If the public facilities in local community are available to the school for physical education purpose, with supporting consent of use being presented and approval obtained from the relevant regulatory authorities, deduction in the area requirement for standard school land equaling one half of the public facilities’ area can be made. However, the deduction shall not exceed one-fifth of the total school land area.
2. School buildings and other equipment: The Junior High School Equipment Benchmark shall apply.
3. School funding and finance:
(1) There should be sufficient funds for the establishment of the school (e.g., purchase or rental of the school land, construction, and equipment) and the annual current expenses required for maintaining basic operation of the school. A detailed school funding statement shall be provided.
(2) A sufficient school foundation fund, depending on the scale of the school, should be raised and deposited into an earmarked bank account. For a school with less than six classes, it should be NTD 7,200,000; for a school with seven to twelve classes, it should be NTD 14,400,000; for a school with 13 to 18 classes, it should be NTD 21,600,000; for a school with more than 19 classes, it should be NTD 30,000,000.
4. Faculty: Qualified teachers should be hired in accordance with relevant regulations. Staffing structure should comply with the Guidelines on Class Size and Staffing in Elementary and Junior High Schools.
Article 9
A general, comprehensive, or specialized senior high school shall be established in compliance with the following criteria:
1. School land:
(1) For a school with less than 600 students, the developable and usable area of the school land should be at least two hectares.
(2) For a school with over 600 students, the area of the school land shall be increased by 10 square meters for each additional student.
(3) If the public facilities in local community are available to the school for physical education purpose, with supporting consent of use being presented and approval obtained from the relevant regulatory authorities, deduction in the area requirement for standard school land equaling one half of the public facilities’ area can be made. However, the deduction shall not exceed one-fifth of the total school land area.
2. School buildings and other equipment: The Guidelines for Senior High School Facilities shall apply.
3. Faculty: Qualified teachers should be hired in accordance with relevant regulations. Staffing structure shall comply with the Standards for Senior High School Organization and Staffing.
4. School funding and finance for a private general, comprehensive, or specialized senior high school:
(1) There should be sufficient funds for the establishment of the school (e.g., purchase or rental of the school land, construction, and equipment) and the annual current expenses required for maintaining basic operation of the school. A detailed school funding statement shall be provided.
(2) A sufficient school foundation fund equivalent to NTD 40,000,000 should be raised and deposited into an earmarked bank account.
Article 10
A vocational senior high school shall be established in compliance with the following criteria:
1. School land:
(1) For a school with less than 600 students, the developable and usable area of the school land should be at least two hectares.
(2) For a school with over 600 students, the area of the school land shall be increased by 10 square meters for each additional student.
(3) If the public facilities in local community are available to the school for physical education purpose, with supporting consent of use being presented and approval obtained from the relevant regulatory authorities, deduction in the area requirement for standard school land equaling one half of the public facilities’ area can be made. However, the deduction shall not exceed one-fifth of the total school land area.
(4) A vocational senior high school of agricultural type should have at least an additional five hectares of land for use as experimental farm.
2. School buildings and other equipment: The Guidelines for Senior High School Facilities shall apply.
3. Faculty: Qualified teachers should be hired in accordance with relevant regulations. Staffing structure shall comply with the Standards for Senior High School Organization and Staffing.
4. School funding and finance for a private vocational senior high:
(1) There should be sufficient funds for the establishment of the school (e.g., purchase or rental of the school land, construction, and equipment) and the annual current expenses required for maintaining basic operation of the school. A detailed school funding statement shall be provided.
(2) A sufficient school foundation fund equivalent to NTD 50,000,000 should be raised and deposited into an earmarked bank account.
Article 10-1
Pursuant to Paragraph 1, Article 23 of the Enforcement Act for School-based Experimental Education, when the school regulatory authority designates a new senior high school to engage in school-based experimental education, the school shall submit a statement of its actual needs on the school land, school buildings, and other equipment for the authority’s approval, notwithstanding the restrictions specified in the two preceding articles.
For the school mentioned in the preceding paragraph, the area available for its students’ learning activities shall not be smaller than that specified in Subparagraph 1.d., Paragraph 1, Article 14 of the Enforcement Act for School-based Experimental Education.
Article 11
When a school corporation applies for the establishment of a private school, a school establishment plan shall be drawn up and adopted by the board of directors and submitted to the school regulatory authority for review and approval before the plan is implemented. The school establishment plan shall specify items required in Paragraph 1, Article 36 of the Private School Law.
When the private school in the preceding paragraph is established beforehand by the school corporations in accordance with a provisional private school establishment plan, the school establishment shall be completed within three years of the official registration of the school corporations, and the school registration license shall be obtained in accordance with Article 37 of the Private School Law. When the private school is an affiliate to an existing school, the school establishment shall be completed and the school registration license obtained within the time frame approved by the school regulatory authority.
When the school corporations fail to complete the school establishment and obtain the registration license within the specified time frame, the school regulatory authority shall ordain completion by a given deadline. Failure to complete the establishment before the deadline will risk revocation or abolition of the original school establishment approval, with a public notice being made. In case of a school established beforehand, the school regulatory authority in charge of the school corporations shall also revoke or abolish the establishment approval for the school corporations, when necessary.
Section 2 Establishment and management of branch campuses and branch departments
Article 12
When a school applies for the establishment of a branch campus or branch department, a proposal therefor shall be drawn up. In case of a public school, the proposal shall be adopted by the school council and submitted to the school regulatory authority for approval. In case of a private school, the proposal shall be adopted by the school council and the board of directors, then submitted to the school regulatory authority for approval. The proposal shall cover the following:
1. Background of the branch establishment plan
2. Overall development prospects and features
3. A plan for the teaching and administrative units
4. The current faculty makeup and a future teacher hiring plan
5. A plan for teaching facilities including books and instruments
6. The cadastre, location map, and a description of the surrounding of the branch campus or department
7. Land ownership documents or evidentiary documents supporting consent of use for the land
8. A financial plan, funding source and the proof thereof
9. The layout of the branch campus or department
10. A plan detailing the relationship with the mother school
For the establishment of a branch campus or branch department located in a different municipality, county, or city from the mother school, consent from the school regulatory authority at the location of the branch campus or department shall be obtained before getting the approval of the school regulatory authority at the mother school’s location.
Article 13
When a school establishes a branch campus, it shall not only comply with Articles 7 to 11 herein, but also meet the following requirements:
1. It helps the school’s future development; satisfies national, social, and regional needs; and does not undermine the rights and interests of existing teachers and students.
2. The branch campus shall be named as a branch of the mother school, and the name shall contain the administrative region where it is located.
3. The branch campus’ teaching unit shall be established in accordance with the relevant laws and regulations governing the establishment of the mother school. Likewise, the administrative unit shall be established according to the rules governing secondary administrative units of the mother school.
Article 14
A principal shall be assigned to the branch campus to oversee the school affairs. For a public school, the principal shall be appointed by the school regulatory authority; for a private school, the principal shall be appointed by the board of directors and in accordance with Articles 41 to 44 of the Private School Law. The qualifications and appointment of the principal shall comply with Article 14 of the Senior High School Education Act and relevant provisions in the Primary and Junior High School Act.
Organization of the branch campus shall be specified in the organization rules of the mother school.
Article 15
A school shall meet the following requirements when establishing a branch department:
1. It helps the school’s future development; satisfies national, societal, and regional needs, and does not undermine the rights and interests of existing teachers and students.
2. The branch department shall be named as a branch of the mother school, and the name shall contain the administrative region where it is located.
3. The area of the school land shall not be less than one half of the minimum school land requirements specified in Articles 7 to 10 governing the establishment of schools of the same types and levels.
Article 16
A department head shall be assigned to the branch department to assist in the school affairs. The department head shall be appointed by the principal from among the candidates who are full-time teachers with over one-year experience as the department head of a primary unit in a school of any level.
Organization of the branch department shall be specified in the organization rules of the mother school.
Article 17
Branch campuses and branch departments of a school established in different municipalities, counties, and cities shall deal with the admission affairs of the branch campuses and branch departments in the administrative regions where they are located.
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