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

Print Time:2024/02/22 21:29
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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 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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