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

Print Time:2024/11/22 11:01
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Chapter Law Content

Chapter 2 Application and Review Procedures
Article 6
When a private sector operator of a school is being commissioned, the relevant competent authority shall first invite scholars, experts, local community figures, and parents or related persons to undertake a project evaluation of doing so and hold a public hearing. If, however, the proposed commissioning to the private sector is for the operation of an indigenous key school that provides elementary and/or junior high school level education, after obtaining written consent from at least half of the adult indigenous people in the school district concerned who have their household registration there, the natural person, non-profit private corporation, or non-government organization or group may submit a request to the relevant competent authority to undertake a project evaluation and hold a public hearing, and the relevant competent authority is not permitted to refuse such a request.
When a private sector operator of a designated school is being commissioned, the natural person, non-profit private corporation, or non-government organization or group may apply to the relevant competent authority for approval for the applicant to conduct a project evaluation and hold a public hearing; after conducting the evaluation and holding the public hearing, the applicant shall compile the data from the evaluation and the public hearing and submit it to the relevant competent authority to review and decide whether the proposed private sector operator passed the evaluation.
Before planning to cease a school’s operations or to amalgamate a school with another school, the relevant competent authority may undertake a project evaluation and hold a public hearing in accordance with the provisions of Paragraph 1, then commission a private sector operator.
Article 7
After the completion of the project evaluation referred to in the preceding article, the relevant competent authority shall announce details of the eligibility criteria for being commissioned, the commission period, rights and obligations, the selection criteria, the application deadline, and the decision procedure, and accept applications.
Article 8
The applications referred to in the preceding article shall include submission of an operation plan that sets out details of the following:
1.The name and domicile or residence of an applicant who is a natural person; or the name and the main office, business office, or work premises of an applicant which is a private corporation, or a non-government organization or group;
2.Plan implementation period ;
3.The goals, philosophy, features, and expected outcomes of the education that will be provided;
4.Any planned permitted exemptions to legislative provisions in accordance with the provisions of Paragraph 2 of Article 5, the reasons for planning such exemptions, and alternative arrangements;The qualifications and expertise of the principal to be hired;
5.The educational qualifications, experience, and expertise of the proposed principal to be appointed;
6.Proposed administrative organization and staffing complement;
7.Method of hiring personnel and related matters;
8.Curriculum planning and instructional design;
9.Campus planning, environment design, and teaching facilities plan;
10.Recruitment target, student enrollment, and class sizes;
11.Short-term, mid-term, and long-term financial planning;
12.Other details required by the relevant competent authority.
Each relevant competent authority shall ask suitable scholars and experts to conduct an initial review of the operation plan referred to in the preceding paragraph. A further review of the operation plan shall be undertaken by the special municipality, county, or city education review committee respectively, depending on whether the school is a special municipality, county, or city school, or undertaken by a school education review committee set up by the central competent authority for a national school(the term “education review committee” below indicates the education review committee for the school). If the applicant passes the further review, the relevant competent authority shall approve commissioning the applicant to operate the school and after making the arrangements, notify the applicant and make a public announcement.
A special municipality, county, or city education review committee which reviews an operation plan involving indigenous educational affairs shall appoint one or two additional committee members who have an indigenous identity to participate in the review; if an operation plan involves experimental education the education review committee shall appoint one or two additional committee members familiar with experimental education to participate in the review; the appointment of the additional committee members for this review and “dismissal” and “removal” are both punitive, unsuitable here. are not subject to the restrictions pertaining to the committee members, or the total number of committee members of a special municipality, county, or city education review committee, or their term limits.
Article 9
The applicant shall enter into an administrative contract with the relevant competent authority within one month from the day after being notified that the commissioning of private operations has been approved, and apart from the operation plan approved after the further review referred to in Paragraph 2 of the preceding article, the administrative contract shall include the following:
1.Name and location of the school;
2.The duration of the commission to operate the school;
3.Enrollment date, and the school districts the school may accept students from;
4.Matters for which the relevant competent authority shall provide assistance;
5.The expenses each party shall bear and the matters each party shall handle;
6.Specific performance indicators;
7.Transfer management objectives;
8.Handling of breach; and
9.Other related matters.
Article 10
The applicant shall complete the following tasks within three months after entering into an administrative contract, and after reporting details to the relevant competent authority and receiving approval, organize student enrollments:
1.Obtain letters of agreement to employment from the principal, teaching personnel, and other staff;
2.Complete curriculum planning, teaching and activity design, preparation of teaching resources to be used, and other teaching preparations; and
3.Complete preparations for student enrollment.
A commissioned party that fails to complete the tasks referred to in the previous paragraph may apply for an extension. Such an extension is not permitted to exceed three months; if the tasks have not been completed by the end of the extension, the relevant competent authority may revoke the approval given and rescind the contract.
When a commissioned party considers that some change to the administrative contract is necessary, it shall draw up and submit a draft amended version to the relevant competent authority, and make the amendments if the relevant competent authority approves the draft. If the amendments involve any change to the operation plan, the commissioned party shall also draw up and submit an amended operation plan to the relevant competent authority. The relevant competent authority shall submit it to the education review committee to deliberate over, and if the relevant competent authority gives approval the commissioned party shall make the changes to the operation plan,
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