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

Print Time:2024/02/22 22:01
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Chapter Law Content

Title: Private School Law CH
Category: Ministry of Education(教育部)
Chapter 3: Organizing, Registering Private Schools and Enrolling Students
Section 1: Organizing private schools
Article 34
School legal persons may apply to establish schools of various kinds and levels simultaneously or successively, and merge registered private schools.
In accordance with applicable laws and regulations, the school authority shall grant permission to applications by school legal persons for establishing, converting, merging or suspending private schools after taking into account factors including demand and school distribution.
The Ministry shall decide the conditions for and rules governing review of establishment, conversion, merger and suspension of private schools.
Article 35
School legal persons shall complete organizing and registering private schools within three years after registering the school legal persons.
School legal persons applying to establish private schools shall submit plans to establish the schools to the school authority for review in accordance with pertinent laws and regulations.
If a school legal person fails to complete organizing and registering a school by the above-specified date and fails to complete the process within the grace period given by the school authority, or its school-organizing activity involves wrongdoing, the school authority may withdraw or annul its permission and make the decision known to the public. If necessary, the legal person authority may withdraw or annul its permission to establish the school legal person.
Article 36
A school’s establishment plan shall give clear details of the following:
1. The purpose of establishing the school.
2. The name of the proposed school.
3. Where the proposed school will be located, the area of land it will occupy, the proposed school buildings and equipment, and related information.
4. The proposed colleges, departments, programs, divisions and subdivisions, grades and classes, and any affiliated institutions.
5. A budgetary estimate for the proposed school.
6. Details and documentary evidence of the amount, type, and value of the proposed school’s funds and each of its assets.
7. Information about the school’s status as a legal person.
Documentary evidence that the land to be used by the school referred to in the previous paragraph has been donated to it or has been leased shall be available for submission at the time the application to establish the school is lodged. Buildings and equipment may be completed in different years in line with the completion of the proposed colleges, departments, programs, divisions and subdivisions, grades and classes, and any affiliated institutions; estimates of the necessary funds may be given in the form of separate estimates for different years.
Any land to be used by the school which has been leased, referred to in the previous paragraph, shall be leased for at least thirty years from when the school is registered or any change of the school’s location or land area occurs and the lease is not subject to the restrictions governing the duration of leases imposed by the Civil Law, the National Property Act, or local public property administration regulations.
The amount of money to be paid to lease any land referred to in the previous paragraph which is not publicly owned land, or land owned by a public enterprise, or by a corporation set up using a government donation shall be determined in accordance with the provisions of the land rental regulations of the National Property Act, and associated right of superficies for the same duration as that of the land lease, and restricted to school use only, shall be established. After all documents have been legally notarized, an examination shall be completed in accordance with the provisions of the preceding article.
Section 2: Registering Private Schools and Enrolling Students
Article 37
A school legal person shall complete organizing a school and registering it with the school authority by the date set by the school authority, with the president submitting the following papers. The date may be postponed in certain circumstances.
1. Legal person registration certificate.
2. Lists of lands, properties, books, equipment and teachers.
3. Organization rules.
4. The president’s CV, papers and letter of consent.
5. CPA-certified financial statements.
6. Calculations and descriptions of the raising, custody and outlay of funds.
7. Revenue and expenditure budgets for the next five years, papers proving that the funds used to organize the school have been deposited in a designated bank account.
8. Rules governing key aspects of running the school including personnel, finance, accounting, procurement and assets.
The school legal person shall not finance organization costs and funds needed to run the school in its first three years of operation with borrowed money.
Article 38
Private schools having met all requirements, completed the organizing process, and deposited organization funds in a designated bank account are permitted to register.
Information on private senior high schools and under having registered with the school authority shall be forwarded to the Ministry for reference.
Article 39
Only registered private schools are permitted to enroll students. Unless otherwise stipulated by law, each school year the schools shall draw up the following and submit them to the school authority for endorsement before enrolling students:
1. Rules governing enrolling students.
2. Numbers of students to be enrolled in the colleges, departments, schools, programs, and classes.
3. Admissions and distribution of student among different colleges, departments, schools, programs, and classes.
The private schools may purchase performance bond insurance for the students. The contract, coverage, amount, and premium of the insurance shall be decided by the Ministry.
Article 40
Unregistered private schools are not permitted to enroll students in the name of engaging in formal education.
Section 3: School administration
Article 41
Private schools shall install one person possessing statutory qualifications as the schoolmaster.
Spouses and lineal blood relations of the school legal person’s president, board members and supervisors are not permitted to be the schoolmaster.
The schoolmaster administers the school in accordance with the law and Rules, and carries out decisions made by the school legal person’s board, which supervises the schoolmaster and reviews his performance. The schoolmaster represents the school in its dealings with external individuals and organizations.
Apart from teaching at the school, the schoolmaster shall not hold fulltime positions outside the school.
When a private elementary school merges with a private junior high school, the new private elementary and junior high school may install an additional new schoolmaster, if necessary. The scope of these schoolmasters and school representative for dealing with external organizations and individuals shall be explicitly specified in the school organizational regulations and submitted for approval by the school’s regulatory authorities. The qualification of schoolmasters shall comply with the requlations of Paragraph 1.
Article 42
When the schoolmaster position is vacant, the school legal person shall find a replacement in six months in accordance with applicable laws.
If a school legal person fails to find a replacement by the deadline or the replacement does not possess required qualifications, the school authority shall order it to find one in three months. If it still fails to find a replacement by the deadline or the replacement still does not possess required qualifications, the school authority may appoint a competent person to act as the provisional schoolmaster until a qualified person is found and takes office.
Article 43
Schoolmasters having abused their power to commit crimes and prosecuted shall be suspended before conviction, with one of the school’s staff named to temporarily take his place on approval by the school authority.
If convicted, found having violated educational regulations or breached the public’s trust, the schoolmaster shall be removed, with a new schoolmaster chosen in accordance with applicable laws.
If the school legal person fails to suspend the schoolmaster as stated in the first paragraph, the school authority may suspend him and find a temporary replacement from among the school’s staff. If the school legal person fails to remove the schoolmaster as stated in the second paragraph, the school authority shall remove him and appoint a competent person to act as the provisional schoolmaster until a qualified person is found and takes office.
Article 44
Spouses and blood relations or in-laws within the third degree of kinship of the president, board members and supervisors of a school legal person shall not hold positions in the school’s general affairs, accounting and personnel departments. The school authority shall order the school to immediately remove violators.
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