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

Print Time:2024/11/23 20:49
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Chapter Law Content

Chapter VIII Rights and Obligations of Students
Article 50
Senior high schools shall accommodate changing needs of workplace through providing students with counseling for adaptive development depending on their ability, inclination, and interest; regulations regarding the counseling, items, procedure, implementation, and other relevant matters shall be stipulated by the central competent authority.
Article 51
Senior high schools shall stipulate regulations on rewards and penalties for students; such regulations shall be implemented after the general meetings’ approval and reported to the corresponding competent authorities for record.
Article 52
Senior high schools shall establish a Students’ Rewards and Penalties Committee to examine cases where students are rewarded or penalized.
The committee mentioned in the previous paragraph shall include elected student representatives or representatives from students’ associations; regulations regarding the committee’s organization, examination range, deadlines, evaluations and examination approaches, results-based enforcements, and all other relevant matters shall be stipulated by the corresponding competent authorities.
Article 53
Senior high schools shall guide students to organize self-governing organizations through elections which include the whole student body, and shall provide these organizations with assistance when necessary to enhance the study effectiveness and the ability to self-govern among students.
Students are ipso facto members of the student association referred to in the preceding paragraph.
Article 54
Students seek remedies to protect their rights and interests according to the appeal and re-appeal procedures specified in this Act.
When a student or self-governed student organization believes that disciplinary actions or other measures or resolutions adopted by a school affect relevant rights and interests illegally or improperly, an appeal can be made to the school. A re-appeal against the decision made by the school may be submitted to the competent authority. The unit in charge shall send the appeal or re-appeal to the Student Appeals Committee or Student Reappeals Committee within 10 days upon receipt and notify the student or self-governed student organization.
An appeal shall be made in writing within 30 days from the next day upon receipt of a notification of a disciplinary action or other measure or resolution. A re-appeal shall be made in writing within 30 days from the next day upon receipt of the appeal response letter. The receipt date is the date on which a school receives an appeal or a competent authority receives a re-appeal.
A senior high school shall establish the Student Appeals Committee, which includes elected student representatives or representatives from the student association and at least one expert in law, education, rights and interests of children and youth, psychology or counselling. A competent authority shall establish the Student Re-Appeals Committee. More than half of its members must be experts in law, education, rights and interests of children and youth, psychology or counselling; the number of members of any gender shall not be less than 1/3 of the total number of members. Regulations regarding the scope of appeal/re-appeal, deadline, committee formation, investigation and resolution approaches, results-based enforcement, and other relevant matters shall be stipulated by the corresponding competent authorities at central level.
A school or competent authority shall offer the opportunity to the appellant for adequately providing statements and responding to an accusation in order to handle an appeal/re-appeal against a disciplinary action or matter mentioned in Article 52 and the second and fourth paragraphs of this Article in a fair, objective, and professional manner.
A school shall notify the person being punished in writing or through some other appropriate means. The school or competent authority shall notify the appellant of the decision made and the remedy procedures available for dissatisfaction with the decision reached.
If the original disciplinary action, measure or resolution is a matter of administration, any re-appeal decision shall be regarded as equivalent to an administrative appeal decision. If the appellant is dissatisfied with a further appeal decision, he or she may initiate administrative proceedings in accordance with the law.
Article 54-1
Article 54 amended on May 11, 2021 takes effect one year after its release.
Any cases that remain pending before the amendment made to Article 54 on May 11, 2021 takes effect shall subsequently be finalized based on procedures in accordance with the newly effective provisions of Article 54.
Article 55
To protect students’ rights and interests, elected student representatives or representatives from the student association shall attend the meetings held to formulate regulations and rules governing students’ academic performance, life guidance, rewards and penalties or graduation requirements. Each school shall determine the number of student representatives at its school affairs meeting.
Article 56
Senior high school students may be enrolled tuition-free if they meet certain requirements. However, this will not be applicable to students without a R.O.C. nationality, to those who return after dropping out, and to students at private schools that meet the provision in Paragraph 1 of Article 36.
The tuition waived in the previous Paragraph shall be compiled and included in the government budget. Public senior high school students shall be exempted from tuition in registration; private senior high school students shall be exempted from tuition in registration and schools shall compile its list of tuition waiving students and report to the competent authority to apply for appropriation of funds.
Funds required for the tuition waiver in Paragraph 1 shall be allocated by the central competent authority with the exception of the following situations, under such cases funds shall be allocated by the corresponding competent authorities:
1. The corresponding competent authorities already provided them before this Act is enacted.
2. Other acts and regulations stipulate that the corresponding competent authorities shall provide them.
3. Due to jurisdiction changes after this Act is enacted, the funds required for tuition-waiver has been transferred to the corresponding competent authorities.
With the exception of the tuition-free regulation in Paragraph 1, senior high schools may charge students necessary expenditures such as tuition, sundry fees, collecting fees, and processing fees; regulations regarding tuition-wavering requirements, subsidies, charging items and purpose, amount, exemption, refund, and other relevant matters shall be stipulated by the central competent authority jointly with the municipal or county(city)competent authorities.
Article 57
For disadvantaged senior high school students, the government shall provide them with other subsidies in addition to tuition wavering depending on such students’ practical needs in the public/private school and the government’s financial condition; regulations regarding the subsidy recipients, requirements, standards and other relevant matters shall be stipulated by the central competent authority jointly with the municipal or county(city)competent authorities.
Article 58
To assist students in their pursuit of study at senior high schools, the government shall issue student loan; the loan shall cover items such as sundry fees, practice fees, books fees, accommodation fees, living expenditures, student’s group insurance fees, oversea study fees, and tuitions for students who return after dropping out, etc; regulations governing loan requirements, credit line, items, rights and obligations as well as other matters shall be stipulated by the central competent authority.
Article 59
Senior high schools shall secure group insurance for students; regulations regarding the coverage, amount, term of payment, duration, standards of payment, rights and obligations, application and other relevant matters shall be stipulated by the central competent authority.
Schools shall assist students with their insurance claims in an active manner.
Each competent authority shall cover public liability insurance for public and private senior high schools under its jurisdiction; the coverage, amount insured and other relevant matters shall be stipulated by the central competent authority.
Such funding required by the previous Paragraph shall be included within the central competent authority’s annual budget.
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