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Chapter Law Content

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.