教育基本法

This Act is enacted to protect people’s rights to learning and education, establish fundamental guidelines for education, and perfect educational systems.

1People are the subject of education rights.

2The purposes of education are to cultivate modern citizens with sense of national identity and international perspectives by fostering the development of wholesome personality, democratic literacy, ideas of rule of law, and humanities virtues, patriotic education, native soil care and information capability; strengthening people’s physical health as well as their abilities to think, judge and create; and enhancing respect for basic human rights, protection of ecosystems and natural environment, and understandings of and concerns for different countries, ethnic groups, genders, religions and cultures.

3The country, educational institutions, teachers and parents alike shall share responsibilities to facilitate in the realization of the education purposes in the preceding paragraph.

Education should be implemented under such principles that discriminate none and cater to specific nature of the individual, embrace the spirits of humanities and sciences, respect for values of humanity, strive for the development of potential in the individual while cultivating sociability, and help the individual in their pursuit of self-realization.

All people, regardless of their sex or gender, ages, abilities, geographic locality, ethnic group(s), religious beliefs or political ideas, social or economic status or other conditions, have equal opportunity for receiving education. Special protection on the education for indigenous peoples, persons with disabilities or other disadvantaged groups shall be provided with considerations of their autonomy and special characteristics in accordance with relevant laws and regulations to support their development.

1Governments of all levels shall provide liberal budgets for education, ensure the expenditure for its specified purpose, and practice with rational allocation and utilization of educational resources. Education in remote or special areas should be their priority of grants and assistances.

2Budget for education shall be guaranteed. Specific means of compiling and guaranteeing education budget shall be regulated separately.

1Education shall be based on the principle of impartiality.

2Schools may not engage in promotional or other activities for any specific political group. Neither the competent education administrative authority nor any school may force school administrative personnel, teachers, or students to participate in any political group or political activity.

3Public schools may not engage in promotional or other activities for any specific religion or belief. Neither the competent education administrative authority nor any public school may force school administrative personnel, teachers, or students to participate in any religious activity.

4Private schools may organize specific religious activities aligned with the purpose for which the school was established or with the specific nature of the school; they shall respect the wishes of school administrative personnel, teachers and students to participate in such activities, and may not treat any person in a discriminatory way because they do not participate. However, religious colleges shall be governed by the Private School Law.

1People have freedom of establishing education businesses in line of the pertinent education purposes. The government shall provide necessary grants or assistances to private or civil groups engaging in education businesses in accordance with relevant laws and regulations, and shall conduct financial supervision on those education businesses by laws. The government shall recognize those education businesses with significant contributions.

2In order to encourage participation of the private sector in education businesses, the government may commission the operations of public schools to the private sector, for which regulations shall be formulated by the education governing authority.

1Job, remuneration, further training and other rights and obligations of education personnel shall be regulated by laws, and the professional autonomy of teachers shall be respected.

2Students’ rights to learning and being educated, the physical autonomy and the right to develop their personality shall be protected by the country, and also will safeguard students’ rights against physical punishment and bullying.

3Parents have the responsibility to provide guidance to their children during the period of National Education for their children, and have the rights to choice the form and content of education and participate educational affairs of the school for the wellbeing of their children in accordance with relevant laws and regulations.

4Schools shall provide a good learning environment in line with the developmental needs of the local community under the legal supervision of governments of all levels.

5The central competent education administrative authority shall formulate the anti-bullying mechanism, process and other matters mentioned in paragraph 2.

1Education authorities of the central government comprises the following:

21. Planning and design of education systems.

32. Supervising the legal adequacy of educational affairs at the local level.

43. Administering national education, and coordinating or assisting in the development of education at the local level.

54. Allocation of budgets and subsidies for education at the central government level.

65. Establishing and supervising national schools and other educational institutions.

76. Conducting statistics, review and policy research.

87. Facilitating international exchanges on educational affairs.

98. Providing incentives and assistances to, or facilitating the development of, education businesses, educators, and educational affairs concerning ethnic minorities or disadvantaged groups in accordance with the constitution.

1The government of municipality and county(city) shall establish an education review committee to oversee the review, consultation, coordination and evaluation of educational affairs through the process of meetings on a regular basis.

2The education review committee in the preceding paragraph is chaired by the head of government of municipality and county (city) or by the director of its education bureau, and its board members shall include education scholars and experts, as well as representatives of parent’s associations, teachers’ associations, teachers’ union, teachers, local communities, disadvantaged groups, school educators and administrative personnel. Regulations for establishing such an education review committee shall be formulated by the government of municipality and county (city).

1The number of years of basic national education shall be extended to meet the needs of society as it develops. The implementation of any such extension shall be regulated separately by law.

2The staffing of schools of all kinds that provide the education referred to in the preceding paragraph shall in principle be undertaken to create small schools with small class sizes; the central competent education administrative authority shall meet with municipal, county (city) governments each year to estimate the forecast numbers of students and teachers for the following five years, in order to plan the numbers of grades, classes, and students, and teacher staffing appropriately, and to provide schools with the assistance they require.

The country shall develop a modern education system, strive for the popularity of schools and all other kinds of educational institutions, attach due importance to the integration and balance between school, family and social education, and promote life-long learning, so as to meet the needs of nationals and the society.

The government and the people may conduct education experiments as needed and strengthen research and evaluation of education to improve education quality and promote education development.

1People have the rights to requesting for an academic ability assessment.

2The academic ability assessment shall be conducted by schools or education testing institutions authorized by education authorities of all levels.

When teachers’ professional autonomy as well as students’ rights to learning and being educated, the physical autonomy and the right to develop their personality are improperly or illegally infringed upon by the school or the competent educational administrative authority, the government shall provide the parties or their legal representatives with effective and fair remedies in accordance with the law.

After this Act takes effect, relevant education regulations and rules shall be amended, annulled, or formulated in accordance with this Act.

This Act was amended on 14 JUNE 2011 and the date of implementation is to be determined by the Executive Yuan. The other articles shall be effective as of the date of promulgation.