Chapter 1 General Principles
To implement Article 13 of the Educational Fundamental Act, this Act is formulated to encourage educational innovation and implementation of school-based experimental education, protect the right to learn and receive education, improve opportunities to choose educational method and content, and enhance diverse development in education.
The term “competent authority” referred to in this Act shall be the Ministry of Education at the central government level, the municipal government at the municipal level, and the county or city government at the county or city level.
The competent authority for private experimental education schools shall be determined by regulations governing said school’s highest level of education.
The school-based experimental education as mentioned in this Act shall refer to integrated, experimental education administered based on specific education concepts within a school to fulfill the education concepts through school system, administrative operation, organization type, equipment and facility, principal qualification and selection method, faculty and staff qualification and employment method, curriculum ad instruction, student enrollment, learning outcomes assessment, student affairs and guidance, and community and parental engagement.
The fulfilling of specific education concepts mentioned in the preceding Paragraph should be student-based and respectful of students’ diverse cultures, beliefs and multiple intelligences; guiding students’ adaptive learning and promoting diverse education development should be the objective of the curriculum, instruction, teaching material, teaching method, and assessment planning.
The private experimental education school mentioned in this Act shall mean private schools authorized by the competent authority to adopt school-based experimental education.
The application for establishment of a private experimental education school shall be submitted by an incorporated school or other non-profit private corporation. An incorporated school may also transform an existing private school into a private experimental education school.
The incorporated school mentioned in the preceding Paragraph shall be limited to those with excellent performance assessment, the standards for which shall be prescribed the central competent authority.
The review, supervision, coordination of policy and resources, and other relevant matters of school-based experimental education shall be the responsibilities of the school-based Experimental Education Review Committee (hereinafter referred to as “EERC”) regularly convened by the respective competent authority.
The aforementioned EERC shall comply with the profile defined below and consist of 9 to 25 members who are familiar with experimental education affairs, and are to be hired or assigned by the respective competent authority. The number of members mentioned in Subparagraphs 4 to 6 shall be no less than two-fifths of all members. The number of members of one gender shall not be less than one-third of all members.
1. Representative of educational administration agency;
2. Experts/scholars specializing in accounting, finance, law, or education;
3. School principal and teaching association representative;
4. School principal or teachers with experience in experimental education;
5. Parent representative of experimental education, or a person or whose child has received experimental education; and
6. Representative of interest group in experimental education.
The members mentioned in the preceding Paragraph shall have a tenure of two years, and are limited to an additional two terms. The number of members serving consecutive terms shall not be more than two-thirds of all members. Replacement members by employment or assignment are allowed when a vacant seat emerges during tenure, and the replacement tenure shall end upon expiration of the then current tenure.
EERC which review school-based experimental education plans (hereinafter referred to as “experimental education plans”) involving indigenous educational affairs must appoint 1-2 committee members with indigenous identity; the staff quota and term limits shall not be subject to the restrictions of the preceding two Paragraphs.
The Chairperson of the EERC shall be elected among the members.
EERC membership are all positions of no pay.
EERC may exercise its duties by assigning its members identification papers to inspect and investigate private experimental education schools, and may request the school’s personnel to present reports or provide necessary documents and materials. When necessary, EERC members may ask relevant authorities for assistance.
Members of EERC may not participate in the experimental education administered by the private experimental education school under their supervision.
In order to protect students’ rights, school-based experimental education shall preserve students’ fundamental human rights, proactively maintain a friendly educational environment, and comply with the following:
1. It must obtain consent from students or students’ legal representatives in advance or clearly disclose matters in the admissions guide prior to administering experimental education.
2. It shall accept withdrawal requests from students or students’ legal representatives without exception.
3. It shall provide necessary guidance for students adjusting poorly to experimental education, and assist said students who submit transfer request.
4. It shall provide information upon request by students or students’ legal representatives about said students’ learning status.
5. It shall not subject students to discriminatory treatment during recruitment or education process without justifiable cause.
6. It shall not disclose students’ personal information and other private information.
7. Abuse, negligence in due care, or other acts that may harm students’ physical or mental development are prohibited.
8. Acts damaging students’ human rights are prohibited.
9. Other requirements stipulated by the competent authority.
When receiving senior high school level and above students from experimental education as mentioned in Subparagraph 3 of the preceding Paragraph, schools shall consider the special nature of experimental education and liberally recognize and accept experimental education course credits in accordance with relevant regulations.