No Support JavaScript

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

Print Time:2024/11/22 10:27
:::

Chapter Law Content

Chapter 6 Contract Renewal, Transfer of Operations, Contract Termination, and Expiry
Article 25
If a trustee intends to continue operating the school after the commissioned period ends, the trustee shall submit a provision of education performance report, financial report, school evaluation report, and future operation plan to the relevant competent authority and apply for a contract renewal, no later than one year before the commissioned period is due to end.
Article 26
When the commissioned period ends, if the commissioned party’s application for renewal that was submitted in accordance with the provisions of the preceding article is denied, or if the commissioned party does not want to renew, or if the contract is terminated in accordance with the provisions of Article 27 or Paragraph 2 of Article 28, operation of the consigned school shall become the responsibility of the relevant competent authority, and it shall appoint a suitable person to be acting principal to handle school affairs until a new principal is selected and takes up their appointment. The regulations governing the selection of public school principals do not apply to the appointment of an acting principal.
Unless otherwise stipulated in the administrative contract, if the situation referred to in the preceding paragraph takes place the commissioned party shall quickly transfer all the property, operation rights, student records, and school administration files of the consigned school to the relevant competent authority.
The relevant competent authority shall draw up the legislation and the autonomous regulations for handling the matters associated with the organizing of the transfer of operations.
Article 27
If any one of the situations set out in the following subparagraphs occurs, the relevant competent authority shall terminate the administrative contract, after it has submitted the matter to the education review committee and the education review committee has passed a resolution:
1.The commissioned party or the consigned school is engaging in profit seeking or illegal activity;
2.The commissioned party or the consigned school is experiencing financial difficulties to the extent that the normal operations of the school are being affected and the students’ rights are being harmed;
3.Some other situation has occurred at the consigned school that is seriously affecting school operations and students’ rights; or
4.The consigned school underwent a further assessment in accordance with the provisions of Article 23 and failed to pass and then failed to make satisfactory improvements before the second deadline given by the relevant competent authority.
Before the education review committee deliberates and passes the resolution referred to in the preceding paragraph, a public hearing shall be convened and teachers, students, and their parents shall be invited to participate.
Article 28
If the relevant competent authority terminates the administrative contract before the commission to operate the school ends, it shall do so at the end of the then current school year. However if any one of the situations referred to in the subparagraphs of the preceding article occurs, this restriction does not apply
If the commissioned party may terminate the administrative contract because it is difficult to operate the school well, or terminate it in accordance with the terms of the administrative contract or the provisions of the Administrative Procedure Act,the commissioned party shall submit an application to the relevant competent authority at least six months before the end of the school year. The application shall be submitted to the education review committee and after the education review committee has passed a resolution, the relevant competent authority shall terminate the administrative contract.
Article 29
If there are students who need to transfer to another school because the contract commissioning a consigned elementary school or junior high school has been terminated or has expired, the relevant competent special municipality, county, or city authority shall consider the parents’ wishes, and assist those students to transfer to a nearby school which still has enrollment vacancies available.
Article 30
When the commissioned period ends, if the commissioned party and the relevant competent authority are not continuing the commission, teachers and other staff, and teachers within the staffing complement to whom the ordinances governing public school teachers apply in accordance with the provisions of Paragraph 2 of Article 16 who transfer to the consigned school in accordance with the provisions of Paragraph 1 of Article 11, shall continue to be employed by their respective original schools, unless they arrange to leave employment with severance pay or retire.
The commissioned party shall be solely responsible for employees other than the teaching personnel and other staff referred to in the preceding paragraph unless they arrange to leave employment with severance pay.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)