Senior High School Education Act

2021-05-26
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Chapter I General Principles
Article 1
Senior high school education is a continuance of 9-year national education, its ultimate purpose is to strengthen students’ mind and body, to develop their potentials, to lay the foundation for academic research as well as professional skill, and to cultivate quality citizens with balanced development in five aspects of education.
Article 2
9-year national education and senior high school education are integrated into 12-year national education.
Under the Compulsory Education Act, 9-year national education enrollment is exam-free, tuition-free and compulsory. According to this Act, senior high school education is primarily exam-free; students are voluntarily enrolled to schools based on their inclination, interest and merit, and shall be enrolled tuition-free pending on certain requirements.
Article 3
The competent authority in this Act refers to: the Ministry of Education for the central government; governments of special municipality for the special municipality; county(city)governments for the county(city).
Chapter II Establishment, Classification, and Evaluation
Article 4
Senior high schools are established by the central government, governments of special municipality, county(city)governments, or by private party according to the Private School Act.
Senior high schools are either national, special municipal, county(city)or private based on its main body(i.e. central government, special municipality government, city(county)government or private sectors), with its establishment, conversion, or termination stipulated according to the following regulations:
1. National: certified by the central competent authority;
2. Special municipal: certified by the municipal competent authority and reported to the central competent authority for record;
3. County(city): certified by the county(city)competent authority and reported to the central competent authority for record;
4. Private: special municipality level schools are certified by the municipal competent authority and reported to the central competent authority for record; county(city)level ones are certified by the central competent authority.
Senior high schools may establish another campus or mini-campus.
Regulations of campus space, buildings, facilities, establishment budget, teaching faculties, requirements of conversion or termination, approval procedures, and other relevant matters regarding the establishment of senior high schools, their campus or mini-campus shall be stipulated by the central competent authority.
Article 5
Senior high schools are classified as follows:
1. Regular: the core curriculum provides fundamental subjects to strengthen students’ general competencies;
2. Skill-based: the core curriculum provides professional subjects and practicum, which encompasses practical skills and cooperative education, to strengthen students’ professional skills and occupational ability.
3. Comprehensive: the curriculum provides fundamental subjects, professional subjects and practicum that guides students to appropriate channels;
4. Specialty-based: the core curriculum features a specific subject or field to target students with a special aptitude.
Article 6
Except specialty-based, schools of all classifications specified in the previous Article may establish programs, disciplines and areas.
Regular senior high school certified to be established by the corresponding competent authorities specified in Subparagraphs of Paragraph 2, Article 4(herein referred to as the corresponding competent authorities)may establish professional programs, disciplines, and comprehensive programs.
Skill-based senior high school shall, in principle, be established in one category; however, the school may encompass two categories if necessary. Each category shall have several programs, and each program shall incorporate more than one discipline, otherwise the program will be degenerated. Once the school is certified by the corresponding competent authority, it may establish regular as well as comprehensive high school programs.
School categories stated in the previous Paragraph refer to those programs and disciplines that address the need of national development and industries growth; its classification of categories shall follow curricular guidelines stipulated by the central competent authority.
Study programs stated in Paragraphs 1 to 3 refer to professional disciplines and areas that are of homogenous nature; classification of programs shall follow curricular guidelines stipulated by the central competent authority.
Regulations of the establishment, conversion, and termination of senior high schools and other relevant matters shall be stipulated by the central competent authority.
Article 7
Senior high schools certified by the corresponding competent authorities may establish junior high school division in the same special municipality, or county(city).
In consideration of consistent education in junior high and elementary schools, once certified by the corresponding competent authorities, senior high schools that have established affiliated junior high school division can establish elementary school division in the same special municipality, or county(city).
Relevant regulations of the Compulsory Education Act are applicable to the junior high school and elementary school division thereby established.
Article 8
To provide those who have received national education with opportunities of further education, senior high schools may establish continuing education division to conduct further education once certified by the corresponding competent authorities.
Course content of senior high schools’ continuing education division shall address students’ learning and social needs, and the curriculum shall be designed according to curricular guidelines stipulated by the central competent authority. They may offer daily weekday courses, non-daily weekday courses, or weekend courses. It may be applicable to inmates in correctional institutions.
Learning evaluation approaches for students of continuing education division at senior high schools shall be stipulated by the central competent authority; students who complete courses with passing grades shall be permitted to graduate.
Article 9
Names of public senior high schools shall be designated by the corresponding competent authorities based on the classification of school categories, study programs and disciplines. Private senior high schools may not use place names as their school names; its name shall be designated by the school’s judicial person during the process of incorporation. Without the approval of the corresponding competent authorities, school names can not be changed.
If the name of a private senior high school confuses the general public with another school, the corresponding competent authorities shall request it to change its name.
Senior high schools established before this Act is implemented may carry their original names.
Article 10
To conform to the development of industries and provide students with workplace hands-on learning and cooperative education, senior high schools may conduct cooperative education programs; relevant matters regarding cooperative education shall be stipulated by other acts.
To address the demand of lifelong learning, senior high schools may cooperate with public and private sectors and social groups to conduct continuing education programs; regulations regarding the conduction shall be stipulated by the corresponding competent authorities.
Article 11
Senior high schools shall routinely conduct self-evaluation on matters such as teaching, mentoring, school affair administration and student participation; the regulations shall be stipulated by each school.
To help senior high schools excel, the competent authorities shall routinely conduct school evaluation and declare the results which serve as an indicator to guide schools’ adjustment and development; regulations of evaluation shall be stipulated by the corresponding competent authorities.
Article 12
To promote diversified development of education and to improve education quality, the competent authorities may assign or approve public and private senior high schools to conduct overall or partial experimental program; regulations of the experimental duration, scope, application requirements and procedures and other relevant matters shall be stipulated by the central competent authority.
For schools that implement overall or partial experimental program, its experimental curriculum may lies outside the scope of the curricular guidelines stipulated in Paragraph 1 of Article 43. For schools that implement overall experimental program of education, its establishment requirements may lies outside the scope of the regulations stipulated in Paragraph 4 of Article 4.
Article 13
To protect students’ learning right and parents’ right of educational choice, senior high school education can be conducted with non-school mode in terms of experimental education, managed through individuals, groups, or institutions. Regulations regarding the following relevant matters: application requirements and procedures, students’ qualification of education, courses, management of student status, assessment of learning, graduation requirements, visiting and mentoring, fees and governmental subsidy, shall be stipulated by the central competent authority.
Chapter III Hiring and Evaluation of Principals
Article 14
Each senior high school is assigned one full-time principal to manage school affairs; with permission from the competent authority, the president may teach part-time at the school where he or she manages, or at other schools.
The principal of a public senior high school shall be appointed and selected from the qualified candidates by the corresponding competent authority. The principal of a senior high school which is affiliated with a university shall be selected from principals or teachers at the associated university, or at any affiliated schools or from other schools by the selection committee as organized by such university; the choice of final selection shall be submitted to the principal to make(or accept)the appointment, and to the corresponding competent education authority for their reference; the selection process can also be delegated to the corresponding competent authority if so desired. The qualified candidates for the principal of a private senior high school shall be selected by the board of trustees of the school’s judicial person and appointed after reporting to the competent authority.
Principals of senior high schools shall serve a specified term. Principals of public schools shall serve a term that lasts four years. Currently employed principals that participate in the selection process shall receive appraisal regarding school-running performance; those who have received great performance appraisals by the selection committee may serve a second consecutive term at the same school, or may be prioritized during the selection process at other schools which are actively searching for principals. Principals who have not completed their first term of office or half of a second consecutive term may not participate in the selection process for principals at other schools. Regulations regarding matters related to the term of private school principals and any second consecutive term shall be stipulated by the board of trustees of the school’s judicial person.
Currently employed principals of junior high and elementary schools who meet the requirements for senior high school principals may not participate in the selection of senior high school principals if they have not completed their first term of office or half of any second consecutive term.
To conduct the selection process in Paragraph 2, the competent authority or the board of trustees of the school’s judicial person shall convene a search committee; regulations governing the components of the search committee, selection approaches, procedures, standards, the appraisal of principals’ school-running performance, employment of principals, and other relevant matters shall be stipulated by the central competent authority.
Regulations regarding the selection procedures for principals of senior high schools affiliated with universities, as well as the organization and operation of the selection committee shall be stipulated by the corresponding universities.
Article 15
For currently employed principals of public senior high schools who are not re-elected or removed from the position due to certain reasons, while possess teaching qualifications and are willing to return as teachers, unless involved in situations leading to being dismissed, suspended, or denied a renewed employment according to the Teacher’s Act, they shall be assigned by the corresponding competent authorities to teach at schools without being assessed by the teachers’ appraisal committee.
In respect to principals stated in the previous Paragraph who do not possess teaching qualifications or who possess teaching qualifications but are not willing to return as teachers, the corresponding competent authorities may:
1. Grant the retirement of those who have met retirement requirements and who wish to retire voluntarily;
2. Depending on their wishes and qualifications, give those who have not met retirement requirements or who do not wish to retire voluntarily priority for other positions, the priority of reallocation opportunities or resign bonus.
Article 16
The competent authorities shall form an evaluation panel to conduct yearly evaluation on the performance of public senior high school principals; regulations regarding the components and missions of the evaluation panel, evaluation procedure, evaluation levels, categories of rewards and penalties, notification of evaluation results, appeals and other relevant matters shall be stipulated by the central competent authority.
Article 17
With factual information of incompetence, public senior high school principals shall be removed from the position, transferred to other positions, or dealt with by other means by the competent authority according to relevant regulations; private senior high school principals shall be dealt with by the board of trustees of the school’s judicial person according to relevant regulations.
Chapter IV Organization and Meeting
Article 18
To manage its academic affairs, student affairs, general affairs, internship, information, research and development, continuing education, special education, cooperative education, and technology exchange, senior high schools shall establish offices(sections)as its tier-one units which may govern divisions(programs and disciplines)as tier-two units for its operations.
Article 19
Senior high school may appoint one vice principal; one director or program director on its tier-one units; one program chairperson, and coordinator in its tier-two units.
The vice principal shall be appointed by the principal among those who served in a position of tier-one program director or higher position. Tier-one director or program director, tier-two program chairperson or coordinator shall all be appointed by the principal among full-time teachers, with the exception of the general affairs division to be headed by teachers on part time basis or by staff members on full-time basis.
Tier- two department chief shall be appointed by the principal among teachers on part time basis or among staff members on full-time basis, with the exception of department chiefs of the general affairs division to be appointed among staff members on full-time basis, and the exception of department chiefs in life mentoring of the student affairs division to be appointed by personnel with counseling competencies to serve in full time basis.
Article 20
Senior high school shall establish a counseling office(section)managed by full-time counseling teachers, who are selected by the principle among candidates with professional counseling competencies.
A senior high school’s counseling office(section)shall be headed by one director, who will be selected by the principal among full-time counseling teachers, to serve on a part time basis.
A senior high school shall establish a counseling committee with a committee chair acted by the principal on a part time basis; other committee members are selected by the principal from faculty and staff to serve on a part time basis; the principal shall be in charge of coordinating counseling works of all offices(sections)and shall appoint the director of the counseling office(section)to serve as the executive secretary on a part time basis.
Article 21
Senior high school shall establish a library with a full-time director with professional competencies selected by the principal; if necessary, a full-time teacher with professional competencies may be appointed to serve as the director on a part time basis.
Article 22
Public senior high school shall establish a personnel management branch according to relevant laws and conduct personnel management matters accordingly.
Private senior high school shall establish a personnel office or appoint a personnel officer; qualified member may be appointed by the principal among full-time teachers to serve on part time basis or among staff members to serve on full-time.
Article 23
Public senior high school shall establish budget, accounting and statistics(BAS)branch according to relevant laws to conduct budgeting, accounting and statistics matters accordingly.
Private senior high school shall establish accounting office and appoint accounting personnel according the Private School Act and its relevant regulations.
Article 24
Regulations governing the establishment of organizations and standards of staffing shall be stipulated by the central competent authority.
If nursing teachers, who are employed according to regulations before this Act is enacted, continue to serve after this Act is enacted, their staffing standards shall follow regulation stipulated in the previous Paragraph.
Article 25
Senior high schools shall conduct school affairs meetings to resolve the following matters:
1. Important matters, such as school development and campus planning.
2. Important rules and regulations stipulated according to the laws or for one’s duty.
3. Academic affairs, student affairs, general affairs, and other important matters.
4. Other matters which shall be resolved at school affairs meetings according to applicable laws.
Members of the school affairs meeting include: the principal, the supervisor of each unit, representatives of full-time or all teachers, representatives of administrative staff members, representatives of the parents’ association, and elected student representatives. The number, ratio, and recruitment of members and resolution approaches shall be determined by each school. The number of members of any gender shall not be less than 1/3 of the total number of members; the number of student representatives shall not be less than 8% of the total number of members. Relevant information shall be reported to the competent authority for future review.
In determining the proportion of elected student representatives mentioned above, the figure shall be rounded up to the nearest integer.
School affairs meetings shall be convened and hosted by the principal at least once every semester. The principal shall convene a school affairs meeting within 15 days from the date of a special meeting request of over 1/5 of the meeting representatives.
The amendments to paragraph 2 and paragraph 3 made on May 11, 2021 take effect on October 1, 2021.
Article 26
Besides committees that shall be established in accordance with the law, to promote and develop school affairs, a senior high school may establish all kinds of committees based on the general meeting’s resolution; the composition and mission of those committees shall be prescribed by each school.
Article 27
Senior high school shall establish a parents’ association, comprising of parents of the students. The parents’ association shall be named after its school. The regulations governing the organization’s rules and regulations, mission, number of committee members, ways of recruiting committee members, term, election and recall, procedural rules, source of funds, financial management and operation, and other relevant issues shall be stipulated by the corresponding competent authorities.
Chapter V Employment and Evaluation of Faculty and Staff
Article 28
Senior high schools teachers shall be appointed on full-time basis; under special circumstances, teachers may be hired on part-time basis.
A senior high school may jointly appoint a teacher with another school because of interschool cooperation, course needs, or under special circumstances, and the teacher shall be appointed on a full-time basis in one of the schools. The requirements and ratio limitation for jointly appointed teachers, their rights and obligations, and other matters shall be stipulated by the central competent authority.
Teacher transfer among public senior high schools shall be handled by the transfer panel established independently or jointly by the competent authorities; organization, transfer requirements and operational guidelines of such transfer panel shall be stipulated by the corresponding competent authorities.
Article 29
Senior high schools may appoint teachers of with professional or technical expertise. Teachers with practical experience shall be selected among qualified candidates to teach professional or technical subjects; their employment, dismissal, suspension, denial of a renewed employment, leave of absence, complaints, pay, benefits, retirement, insurance policy, and resign benefit shall follow the teacher’s relevant laws; their ranking, qualification, advanced study, performance evaluation, and other rights and interests shall be stipulated by the central competent authority.
Article 30
Senior high schools shall have one class room instructor for each class, whose appointment will be determined by the principal among full-time teachers to serve on a full time basis. However, the number of class room instructor can be increased in cooperative education class if necessary.
Article 31
Senior high schools shall employ directors of military instruction and military instructors; regulations regarding their staffing, staff number, qualification, and selection matters shall be stipulated by the central competent authority along with the Ministry of National Defense; their responsibilities, transfer, promotion, advanced study, complaint and other matters shall be stipulated by the central competent authority
Article 32
The standard of weekly teaching hours for public senior high schools’ full-time teachers, jointly employed teachers, professional and technical teachers, as well as those who assume class room instructor duty, or administrative post on a part time basis, shall be stipulated by the corresponding competent authorities.
Article 33
The competent authorities shall conduct yearly evaluation on public senior high school teachers; the evaluation committee’s organization, mission, evaluation procedure, evaluation indicators, evaluation grades, categories of rewards and penalties, notification of results and other relevant matters shall be stipulated by the central competent authority.
Chapter VI Student Qualification, Admission, and Division of Attendance Area
Article 34
Junior high school graduates or those with high school equivalent, are qualified to be admitted to senior high schools; standards of identifying high school equivalent shall be stipulated by the central competent authority.
Article 35
To develop multiple intelligences and cultivate innovative graduates, senior high schools shall adopt the diversified entrance program for its student recruitment. The diversified entrance program focuses on open admission; schools certified by the competent authorities may conduct specialty enrollment subject to certain quotas.
The quotas for open admission in each school district shall account for more than 75% of the total number for authorized entering class in the school year of 103, and shall be gradually phrased to its increase throughout the years; until it reaches more than 85% of entering class in the school year of 108.
The total quotas of open admission includes direct admission quota for graduates from the affiliated junior high school division; regulations governing the quotas for direct admission are as follows:
1. Public senior high schools’ quotas for direct admission: no higher than 35% of the number of graduates from the affiliated junior high division in the same year.
2. Special municipal or county(city)senior high schools’ quotas for direct admission: stipulated by the municipal or county(city)competent authority.
3. Private senior high schools’ quotas for direct admission: no higher than 60% of the schools’ total number of authorized entering class for the school year of 103. However, if a school’s number of students in its affiliated junior high school division is less than that of the school’s authorized entering class, the quotas for direct admission may not be higher than 60% of the number of graduates from its affiliated high school division in the same year; the percentage shall be gradually phrased down throughout the years, until it reaches(no higher than)50% in the school year of 108.
4. If regulations governing the percentage of direct admission stipulated by each school district are more restrictive than this Act, such regulations shall be followed instead.
If private senior high schools violate acts and regulations by using examination or special screening device to admit students to their junior high and elementary divisions and such cases have been confirmed by the corresponding competent authorities, the authorized quotas for direct admission stated in Subparagraph 3 of the previous Paragraph for those schools shall be deducted from the following school years based on the percentage of violation cases.
The percentage of open admission offered by each school for the school year of 103 may not be lower than 25% of the school’s total quotas for authorized entering class, subject to review and adjustment in the following years.
Private senior high schools that are not established through the government grant and do not receive incentives and subsidies from government based on Article 59 of the Private School Act, and its tuitions are not co-paid by government based on Article 56, may formulate curriculum plans, reasons of applying for independent entrance, as well as entrance scope and implementation, and conduct independent enrollment without being restricted by the enrollment regulations of this Act, after reporting to and certified by the corresponding competent authorities, subject to an open admission quotas that is no lower than 15% of each school’s total quotas for authorized entering class. Schools that conduct direct admission based on Paragraph 3 shall follow the procedure and ranking regulations stipulated by Paragraph 4 of Article 37 to settle for a tie when quotas have been exceeded. Each junior high school shall help its students in their self-realization and exploration, providing them with adaptive counseling depending on their ability, inclination, and interest, and shall advise them on further education choices and help them securing admission to the senior high schools.
Article 36
If private senior high schools’ admission programs are not formulated and implemented in accordance with the regulations of this Act, and are not reported and certified by the competent authority, the tuition-waiver regulation in Article 56 will not be applicable to their students.
Private senior high schools shall support the implementation of 12-year national education based on the following principles:
1. Cultivating students to achieve balanced development in five aspects of education;
2. Hiring sufficient qualified teachers to teach based on their expertise;
3. Providing students with counseling for adaptive development;
4. Implementing normalization of teaching consistently.
Article 37
Students may apply to senior high schools through the exam-free admission program without taking the entrance examination.
Under the exam-free admission program, all applicants can be admitted as long as the number of applicants does not exceed the limit set by the competent authority.
If the number of applicants under the exam-free admission program exceeds the limit set by the competent authority, the final enrollment number shall be determined by the competent authority at the special municipal/county(city)level along with the competent authority of each school district, and reported to the central competent authority for future review. Skill-based and specialty-based senior high schools may not be subject to such requirement as they have special recruitment needs. They can establish their curriculum plans, enrollment plans, quota and exam-free admission procedure, while reporting relevant information to the corresponding competent authorities for approval.
In the context of the preceding paragraph, the fact of whether or not a student received a passing grade for his or her performance in health and physical education, arts, integrative activities, and technology may be used to settle a tie. Performances in other learning areas shall not be counted as tie breakers.
The competent authority at the special municipal/county(city)level shall announce the principles, procedures and other relevant matters for regulations regarding the tie settlement mechanism of the exam-free admission program in cases where quotas have been exceeded one year prior to a new academic year.
Paragraph 4 without the amendment to this Article made on May 11, 2021 still applies to junior high school students enrolled before the 2019 academic year.
Article 38
Senior high schools that conduct specialty enrollment shall select their students through academic subject exams, or through special screening process such as technical subject performance.
The corresponding competent authorities shall declare specialty enrollment’s requirements and quotas based on senior high schools’ evaluation results, yearly enrollment performances, student performances, and curriculum plans, etc.
Senior high schools may conduct its specialty enrollment after formulating plans and quotas according to the announcement stated in the previous Paragraph, and report to the corresponding competent authorities for approval; each competent authority shall review the application on a school by school and class by class basis, and state the reasons of its approval.
The content of the plans mentioned in the previous Paragraph shall include specialty enrollment’s goal, curriculum and teaching plan, as well as career and employment plan for students.
Specialty enrollment that select students through academic subject exams stated in Paragraph 1 shall be conducted after the open admission. The remaining quotas after the open admission may not be transferred to specialty enrollment.
Article 39
Municipal or county(city)competent authority shall work independently or jointly with other competent authorities by taking into account of each school’s source of new students from(and outside of)an administrative district, common living area among different districts, access to transportation, and school type and distribution; to plan on school districts in the previous two Articles, and report to the central competent authority for approval before announced.
Before approving matters based on the previous Paragraph, the central competent authority may invite relevant municipal or county(city)competent authorities, junior high and senior high school representatives as well as scholars and professionals for relevant discussions.
Article 40
Regulations regarding matters of the following and other matters to be followed mentioned in Article 35 to Article 39 shall be stipulated by the central competent authority jointly with the municipal or county(city)competent authority: the diversified entrance program and its target students, implementation district, range and approaches, and application deadline; quotas and percentage of each entrance program; ways of examination and special screening for specialty enrollment; principles and procedure of dividing school districts; each competent authority’s and school’s organizations and responsibilities; private senior high schools whose admissions are not subject to restrictions, its range, as well as their ranges, applications and procedures.
Article 41
The following students are not restricted by the previous Article’s operational guidelines in terms of their admission; their identity, quotas, application method, schedule, principles of enrollment, and other important matters regarding admission shall be stipulated by the central competent authority:
1. Students with disabilities;
2. Indigenous students;
3. Students from major disaster-stricken areas;
4. Children of governmental expatriate employees;
5. Students with outstanding performances in international competitions of academic or technical subjects;
6. Students with outstanding performances in skill-based competitions;
7. Students with outstanding performances in sports;
8. Veterans;
9. Overseas Chinese students;
10. Mongolian and Tibetan students;
11. Foreign students;
12. Students certified and placed via special cases due to humanitarian concerns, international support, or other special channels;
For students listed in Subparagraph 1 and Subparagraph 2 of the previous Paragraph, regulation for their entrance admission(affirmative action)shall be stipulated by the Special Education Act and the Indigenous Peoples’ Education Act.
Chapter VII Curriculum and Learning Assessment
Article 42
Senior high school students’ residence period in school is three years. Depending on classification, programs and disciplines of special nature, school may apply for increase or decrease of residence period; subject to certification by the central competent authority through submission from corresponding competent authorities.
Students that have not completed required courses within the residence period may extend it by two years at most. Students with disabilities may extend it by four years at most, depending on their physical and mental conditions and learning needs.
Students who are pregnant, in labor, or have to raise their children under three years old may extend the residence period by four years at most.
Article 43
The central competent authority shall stipulate senior high schools’ curriculum guidelines and relevant regulations related to their implementation to serve as a guide for the schools’ planning and implementation of the curriculum; schools may integrate social resources with the planning of the curriculum to enrich teaching activities.
For the stipulation of the curriculum guidelines referred to in the previous paragraph, in addition to existing curriculum research and development institutions established by the central competent authority, other organizations, schools, judicial persons, and groups from education-related disciplines may also propose drafts of curriculum guidelines to be examined by the curriculum review committee. Regulations regarding the proposals, the procedures, and other relevant matters shall be stipulated by the central competent authority.
The research, development, examination, and implementation of the curriculum guidelines shall observe the principles of respecting ethnic diversity, gender equality, transparency, and non-partisanship.
Article 43-1
To review the curriculum guidelines, the central competent authority shall establish a curriculum review committee(hereinafter referred to as the review committee); the review committee shall be divided into a plenary and concurrent sessions.
The plenary session is composed of 41 to 49 members including both governmental and non-governmental representatives. The number of governmental representatives shall not exceed one-quarter of the total number of committee members.
Members who serve as governmental representatives at the plenary session shall be nominated from candidates working in central and local government agencies and appointed by the President of the Executive Yuan by the Ministry of Education. The appointed persons may then be appointed, dismissed, or re-appointed to a different position in accordance with the nature of his or her duty.
Members who serve as non-governmental representatives are appointed in accordance with the following procedures:
1. The Executive Yuan shall nominate candidates from experts and scholars with expertise in education, members of teachers’ associations, members of principals’ associations, members of parents’ associations, members of non-governmental organizations related to education, and students’ representatives to be reviewed and approved by the member selection committee. Any candidate who wins a majority will be appointed by the President of the Executive Yuan.
2. The member selection committee mentioned in the previous paragraph will consist of 11 to 15 public figures for social justice as recommended by the Legislative Yuan.
Members of the review committee serve a term of four years and are eligible for re-appointment when the term of their service expires. The ratio of committee members represented by a single gender should be no less than one-third. Both governmental representatives and non-governmental representatives shall include indigenous peoples. For members who are appointed for the first time as non-governmental representatives, one-half of these members shall serve a term of two years.
Representatives from both central and local people’s representative bodies shall not serve as members of the member selection committee.
Article 43-2
The plenary session of the review committee shall be in charge of the following functions:
1. Examining the general curriculum guidelines and curriculum guidelines for all disciplines, subjects, and course groups.
2. Examining the principles for making revisions to the school curriculum.
3. Other decisions defined by applicable laws to be made at the review committee.
All resolutions made at the plenary session of the review committee shall require more than two thirds of all members to attend, and resolution of the session shall require the consent of more than half of the members present at the meeting.
Regulations regarding the organization and operation of the plenary and concurrent sessions of the review committee shall be stipulated by the central competent authority.
Article 44
The curriculum of skill-based senior high schools’ curriculum shall stress its general competency education, experiments, and practicum.
Operations regarding practicum mentioned in the previous Paragraph including its teaching goal, subjects, credit number, implementation method, practice venues, qualified teachers, and other relevant matters shall be stipulated by the central competent authority.
Comprehensive senior high schools that incorporate practicum in their curriculum and regular senior high schools that incorporate practicum in their programs or disciplines of studies shall follow the previous Paragraph’s regulations.
Article 45
Senior high schools shall conduct assessment on students’ learning, and the assessment range shall cover academic performance and ethical performance.
Regulations regarding the assessment method, subjects, results, and other relevant matters in the previous Paragraph shall be stipulated by the central competent authority.
Senior high schools shall provide students with counseling for their adaptive development, based on their ability, inclination and interest; and may organize special groupings to provide skill-based courses such as sports, music, art, dancing, and drama to connect with the skill-based education in junior high school; the qualified professional teachers may be appointed by the principal among full-time teachers that are equipped with professional skills from other schools.
Article 46
Based on the curricular guidelines stipulated in Paragraph 1 of Article 43, a diploma shall be issued to a high school student after he/she has completed the required courses of study or has earned passing grades in credit scores, with no more than three major demerits in net after the final canceling out calculation of the ethical assessment.
Article 47
The central competent authority shall regulate affairs regarding reservation of enrolled senior high school students’ status, student transferring to other schools and other programs or disciplines, suspension of study, credit(course)waiving, retaking(repeating)of courses, student status adjustment matters related military service, oversea study or traveling, double registrations and other matters related to student status.
Senior high schools’ adoption and identification principles for foreign degree holders, identification procedure and operational guidelines of other matters shall be stipulated by the central competent authority.
Article 48
Senior high school textbooks shall be compiled by the private parties in principle, and may be compiled by the central competent authority if necessary.
Senior high school textbooks shall be examined by National Academy for Educational Research; regulations regarding applying for qualification for textbook examiner, application procedures, examination range, examination procedures, fee, issuing and termination of examiner’s license, printing specifications, editing of book, compilation and grant for materials of rare subjects, and other relevant matters shall be stipulated by the central competent authority.
Article 49
Senior high school textbooks shall be publically selected by each school; regulations regarding the selection shall be stipulated by each school and implemented with the general meeting’s approval; relevant procurement matters shall be stipulated by the corresponding competent authorities.
Chapter VIII Rights and Obligations of Students
Article 50
Senior high schools shall accommodate changing needs of workplace through providing students with counseling for adaptive development depending on their ability, inclination, and interest; regulations regarding the counseling, items, procedure, implementation, and other relevant matters shall be stipulated by the central competent authority.
Article 51
Senior high schools shall stipulate regulations on rewards and penalties for students; such regulations shall be implemented after the general meetings’ approval and reported to the corresponding competent authorities for record.
Article 52
Senior high schools shall establish a Students’ Rewards and Penalties Committee to examine cases where students are rewarded or penalized.
The committee mentioned in the previous paragraph shall include elected student representatives or representatives from students’ associations; regulations regarding the committee’s organization, examination range, deadlines, evaluations and examination approaches, results-based enforcements, and all other relevant matters shall be stipulated by the corresponding competent authorities.
Article 53
Senior high schools shall guide students to organize self-governing organizations through elections which include the whole student body, and shall provide these organizations with assistance when necessary to enhance the study effectiveness and the ability to self-govern among students.
Students are ipso facto members of the student association referred to in the preceding paragraph.
Article 54
Students seek remedies to protect their rights and interests according to the appeal and re-appeal procedures specified in this Act.
When a student or self-governed student organization believes that disciplinary actions or other measures or resolutions adopted by a school affect relevant rights and interests illegally or improperly, an appeal can be made to the school. A re-appeal against the decision made by the school may be submitted to the competent authority. The unit in charge shall send the appeal or re-appeal to the Student Appeals Committee or Student Reappeals Committee within 10 days upon receipt and notify the student or self-governed student organization.
An appeal shall be made in writing within 30 days from the next day upon receipt of a notification of a disciplinary action or other measure or resolution. A re-appeal shall be made in writing within 30 days from the next day upon receipt of the appeal response letter. The receipt date is the date on which a school receives an appeal or a competent authority receives a re-appeal.
A senior high school shall establish the Student Appeals Committee, which includes elected student representatives or representatives from the student association and at least one expert in law, education, rights and interests of children and youth, psychology or counselling. A competent authority shall establish the Student Re-Appeals Committee. More than half of its members must be experts in law, education, rights and interests of children and youth, psychology or counselling; the number of members of any gender shall not be less than 1/3 of the total number of members. Regulations regarding the scope of appeal/re-appeal, deadline, committee formation, investigation and resolution approaches, results-based enforcement, and other relevant matters shall be stipulated by the corresponding competent authorities at central level.
A school or competent authority shall offer the opportunity to the appellant for adequately providing statements and responding to an accusation in order to handle an appeal/re-appeal against a disciplinary action or matter mentioned in Article 52 and the second and fourth paragraphs of this Article in a fair, objective, and professional manner.
A school shall notify the person being punished in writing or through some other appropriate means. The school or competent authority shall notify the appellant of the decision made and the remedy procedures available for dissatisfaction with the decision reached.
If the original disciplinary action, measure or resolution is a matter of administration, any re-appeal decision shall be regarded as equivalent to an administrative appeal decision. If the appellant is dissatisfied with a further appeal decision, he or she may initiate administrative proceedings in accordance with the law.
Article 54-1
Article 54 amended on May 11, 2021 takes effect one year after its release.
Any cases that remain pending before the amendment made to Article 54 on May 11, 2021 takes effect shall subsequently be finalized based on procedures in accordance with the newly effective provisions of Article 54.
Article 55
To protect students’ rights and interests, elected student representatives or representatives from the student association shall attend the meetings held to formulate regulations and rules governing students’ academic performance, life guidance, rewards and penalties or graduation requirements. Each school shall determine the number of student representatives at its school affairs meeting.
Article 56
Senior high school students may be enrolled tuition-free if they meet certain requirements. However, this will not be applicable to students without a R.O.C. nationality, to those who return after dropping out, and to students at private schools that meet the provision in Paragraph 1 of Article 36.
The tuition waived in the previous Paragraph shall be compiled and included in the government budget. Public senior high school students shall be exempted from tuition in registration; private senior high school students shall be exempted from tuition in registration and schools shall compile its list of tuition waiving students and report to the competent authority to apply for appropriation of funds.
Funds required for the tuition waiver in Paragraph 1 shall be allocated by the central competent authority with the exception of the following situations, under such cases funds shall be allocated by the corresponding competent authorities:
1. The corresponding competent authorities already provided them before this Act is enacted.
2. Other acts and regulations stipulate that the corresponding competent authorities shall provide them.
3. Due to jurisdiction changes after this Act is enacted, the funds required for tuition-waiver has been transferred to the corresponding competent authorities.
With the exception of the tuition-free regulation in Paragraph 1, senior high schools may charge students necessary expenditures such as tuition, sundry fees, collecting fees, and processing fees; regulations regarding tuition-wavering requirements, subsidies, charging items and purpose, amount, exemption, refund, and other relevant matters shall be stipulated by the central competent authority jointly with the municipal or county(city)competent authorities.
Article 57
For disadvantaged senior high school students, the government shall provide them with other subsidies in addition to tuition wavering depending on such students’ practical needs in the public/private school and the government’s financial condition; regulations regarding the subsidy recipients, requirements, standards and other relevant matters shall be stipulated by the central competent authority jointly with the municipal or county(city)competent authorities.
Article 58
To assist students in their pursuit of study at senior high schools, the government shall issue student loan; the loan shall cover items such as sundry fees, practice fees, books fees, accommodation fees, living expenditures, student’s group insurance fees, oversea study fees, and tuitions for students who return after dropping out, etc; regulations governing loan requirements, credit line, items, rights and obligations as well as other matters shall be stipulated by the central competent authority.
Article 59
Senior high schools shall secure group insurance for students; regulations regarding the coverage, amount, term of payment, duration, standards of payment, rights and obligations, application and other relevant matters shall be stipulated by the central competent authority.
Schools shall assist students with their insurance claims in an active manner.
Each competent authority shall cover public liability insurance for public and private senior high schools under its jurisdiction; the coverage, amount insured and other relevant matters shall be stipulated by the central competent authority.
Such funding required by the previous Paragraph shall be included within the central competent authority’s annual budget.
Chapter IX Supplementary Provisions
Article 60
If public senior high schools are under one of the following circumstances, the competent authority shall penalize the involved personnel through administrative measures, and deduct school of its subsidy, or reduce its number of classes; schools are required to take corrective actions within a certain time; schools that fail to do so may be subject to consecutively fines until corrective actions have been taken. Such circumstances include:
1. Conduct teaching that violates regulations stipulated by the central competent authority regarding students’ balanced learning in five aspects of education or adaptive development based on Article 50.
2. The percentage of qualified teachers violates regulations stipulated by the central competent authority regarding senior high schools’ organization, establishment, and staffing standards based on Paragraph 1 of Article 24.
3. Charge students fees that violate regulations stipulated by the corresponding competent authorities based on Paragraph 4 of Article 56.
Private senior high schools under any of the circumstances in the previous Paragraph shall be penalized based on the regulations of Article 55 in the Private School Act.
Article 61
Public senior high schools’ income collected through providing of venues, facilities, and equipment to others for use or to entrusted party for operation, as well as income that derived from incentive participation of private parties, shall not be subject to regulations of Article 7 in the National Property Act regarding income being turned in to the national treasury, and local public property management income being turned in to the national treasury.
Public senior high schools providing their venues, facilities, and equipment to others for use shall prioritize the purpose of public welfare.
For public senior high schools with official budget, income from the previous Paragraph and from conducting students’ academic counseling, retaking(repeating)courses, recruitment, special screening, practicum, experiments, implementation of continuing education, and donations and their related expenses shall be documented in an independent account and operated through delegate collection and payment. The balance may be deposited for the purpose of improving school infrastructure and teaching equipment, and shall not be restricted by Article 13 of the Budget Act
Regulations on income and expenses management in the previous Paragraph shall be stipulated by the central competent authority.
For public senior high schools that provide budget for their affiliated units, each income and expense shall be included in the school fund based on cycling budgeting procedures of the Budget Act.
Article 62
Special education students’ educational needs at senior high schools shall be addressed according to special education related regulations.
Article 63
People with educational level equivalent to senior high school graduates may be issued certificates after passing the self-study educational level identification exam; regulations regarding the agency holding the exam, exam frequency and schedule every year, requirements of test-takers, subjects and range of the exam, score calculation standards, issuing, revocation and termination of the certificate, and other relevant matters shall be stipulated by the central competent authority.
Article 64
Senior high extension schools and evening division established before the enforcement of this Act shall transform into continuing education division according to the regulation of this Act since the enforcement date of this Act; the rights and interests of the employed faculty and stuff and enrolled students can still be addressed with the regulations prior to the enforcement of this Act.
The procedure and deadline for the transformation of the senior high extension schools and evening divisions mentioned in the previous Paragraph shall be stipulated by the enforcement rules of this Act.
For senior high extension divisions that have been established independently or as university or college affiliated units prior to the enforcement of this Act, such the enrollment, conversion, termination and other relevant matters of these divisions shall be conducted according to this Act’s regulations.
Article 65
Regulations of this Act shall be applicable to senior high schools that are established by the Ministry of National Defense to cultivate military elites; the applicable range shall be stipulated by the Ministry of National Defense jointly with the central competent authority.
Article 66
The enforcement rules for this Act shall be stipulated by the central competent authority.
Article 67
This Act shall be enacted on August 1st, 2014, except for Articles 35 to Article 41 which have already been enacted since September 1st, 2013.
Amendments to this Act shall enter into force from the date of their promulgation, except for Articles 25, 52, 54, and 55, which shall be enacted from October 1st, 2016.