Chapter 7　Education institutions and school system

Article 32　Nature and types of education institutions

1. Education institutions perform activities of public interests.

2. Education institutions are classified into public and private in accordance with the respective sponsoring bodies; the sponsoring body of public education institutions is the government, the sponsoring bodies of private institutions are private entities.

3. Private education institutions are classified into profit-making and non-profit-making in accordance with the nature of operation; the conditions that non-profit-making education institutions should possess are governed by specific statutes.

4. The government is responsible to supervise if the private education institutions possess and maintain the requirements referred in the previous clause.

Article 33　Public education institutions

1. The government ensures the operation of the public education institutions.

2. The establishment, management, organisation, operation and revocation of public education institutions are governed by specific statutes.

Article 34　Private education institutions

1. The following private entities can apply to establish private education institutions:
1) Natural person;
2) Non-public legal person.

2. Private education institutions should only be established after the approval of licence by the education authority.

3. The establishment, management, organisation, operation and revocation of private education institutions are governed by specific statutes.

4. Private education institutions enjoy tax immunity or tax premium in accordance with the related tax regulations.

Article 35　 Pedagogic, administrative and financial autonomy

1. Education institutions enjoy pedagogic autonomy.

2. Private education institutions enjoy administrative and financial autonomy.

3. In the prerequisite of not impeding the competent public sector to exercise the right of supervision and abiding by appropriate legislation, education institutions exercise the autonomy referred in the foregoing two clauses.

Article 36　School system

1. School system is composed of public schools and private schools.

2. Free education school system is composed of the public schools that implement formal education and the private schools providing free educations.

3. Private schools can be classified in accordance with if they are run according to the education objectives, education levels and the periods of schooling, the curriculum framework and the requirement of basic academic attainments of this education system. They are classified into:
1) private schools of local education system;
2) private schools of non-local education system.

4. Only non-profit-making private schools of local education system can apply to join the free-education school system.

5. The schools in the free education school system should implement free education in the various grades of the scope of free education in their schools, except those referred in the following clause.

6. The schools that joined the free education system prior to the implementation of the present law can maintain the original scope of free education.

7. The government is responsible to plan for the development of school system.

Article 37　Teaching language

1. Public schools should adopt one of the official languages to be the medium of teaching, and provide students with the opportunity of learning the other official language.

2. Private schools can use the official languages or other languages to be the medium of teaching.

3. Private schools that plan to use other languages to be the medium of teaching should be assessed and approved by the education authority and be confirmed that they possess adequate conditions prior to the enforcement of the language.

4. Private schools using other languages as the medium of teaching should provide the opportunity of learning at least one of the official languages.

Article 38　Management

1. School administration should ensure the participations of teachers, students, parents and other education co-workers.

2. The sponsoring body of the school should establish the school management committee, and nominate the members of the committee.

3. The sponsoring body of the school should draft the school management committee constitution in accordance with the principles of the specific statutes. The competence, responsibilities, composition and the mode of operation should be stated in the constitution.

4. The school management committee constitutions of private schools should be submitted to the education authority to be approved.

5. In private schools, the respective principal is to be designated by the school management committee, and he is responsible to the committee.

6. The school principal is responsible for the current management of the school. The post should be carried out by specific duty in accordance with the appropriate legislation.

7. With the approval of the education authority, various education levels and types of education can be established in the same school.

8. Schools should establish the leading bodies of administration, discipline or counselling, teaching respectively.

Article 39　Evaluation

To ensure school education quality, the education authority should carry out systematic integrated evaluation of schools, or specific evaluation, so as to provide the schools with comments for improvement and development, as well as to plan for the essential auxiliary measures.