School Education Act(Act No. 26 of 1947)
Last Version: Act No. 39 of 2018
TOC
History

  • March 21, 2024
    • Last Version: Act No. 39 of 2018
    • Translated Date: March 1, 2024
    • Dictionary Version: 16.0

School Education Act (Any data that the title of a law indicates to be a "Tentative translation" has not yet been proofread or corrected by a native English speaker or legal translation expert; this data may be revised in the future.Tentative translation)
Act No. 26 of March 31, 1947
Table of Contents
Chapter I General Provisions (Articles 1 to 15)
Chapter II Compulsory Education (Articles 16 to 21)
Chapter III Kindergarten (Articles 22 to 28)
Chapter IV Elementary School (Articles 29 to 44)
Chapter V Junior High School (Articles 45 to 49)
Chapter V-2 Compulsory Education School (Articles 49-2 to 49-8)
Chapter VI High School (Articles 50 to 62)
Chapter VII Secondary Education School (Articles 63 to 71)
Chapter VIII Special Needs Education (Articles 72 to 82)
Chapter IX University (Articles 83 to 114)
Chapter X College of Technology (KOSEN) (Articles 115 to 123)
Chapter XI Specialized Training College (Articles 124 to 133)
Chapter XII Miscellaneous Provisions (Articles 134 to 142)
Chapter XIII Penal Provisions (Articles 143 to 146)
Supplementary Provisions
Chapter I General Provisions
Article 1The term "school" as used in this Act means kindergarten, elementary school, junior high school, compulsory education school, high school, secondary education school, special needs education school, university, and college of technology (KOSEN).
Article 2(1)Schools may only be established by the national government (including the national university corporation provided in Article 2, paragraph (1) of the National University Corporations Act (Act No. 103 of 2003), and Incorporated Administrative Agency National Institute of Technology; the same applies hereinafter), local government (including public university corporations provided in Article 68, paragraph (1) of the Local Incorporated Administrative Agency Act (Act No. 118 of 2003) (hereinafter referred to as "public university corporations"); the same applies in the following paragraph and Article 127), and incorporated educational institutions provided in Article 3 of the Private Schools Act (Act No. 270 of 1949) (hereinafter referred to as "incorporated educational institutions")
(2)In this act, national school means schools established by the national government, public school means schools established by a local government, and private school means schools established by an incorporated educational institution.
Article 3A person that intends to establish a school must establish it according to the type of school, and in compliance with the standards of establishment relating to equipment, organization, and others specified by the Minister of Education, Culture, Sports, Science and Technology.
Article 4(1)The establishment and abolition of schools, changes in management, or other matters prescribed by Cabinet Order (referred to as "establishment and abolition etc." in the following Article) set forth in the following items, must respectively be approved by a person specified in those items. Of these schools, the same will apply to the usual courses (hereinafter referred to as "full-time courses") for high school (including upper courses of secondary education schools), courses provided at night, or at other special times or periods (hereinafter referred to as "part-time courses"), and courses providing education through correspondence (hereinafter referred to as "correspondence courses"), university faculties, graduate school and academic unit of graduate school , and university departments in Article 108, paragraph (2).
(i)public or private university and college of technology (KOSEN): Minister of Education, Culture, Sports, Science and Technology;
(ii)high schools, secondary education schools, and special needs education schools established by a municipality (this includes public university corporations established independently by a municipality or in cooperation with other municipalities; the same applies in the following Article, Article 13, paragraph (2), Article 14, Article 130, paragraph (1), and Article 131): Prefectural Board of Education;
(iii)private kindergarten, elementary school, junior high school, compulsory education school, high school, secondary education school, and special needs education school: Prefectural Governor.
(2)Notwithstanding the provisions of the preceding paragraph, a person establishing a school set forth in item (i) of the same paragraph is not required to obtain approval in the same paragraph when conducting the following matters. In this case a person establishing the relevant school must notify the Minister of Education, Culture, Sports, Science and Technology in advance, as provided by the Minister of Education, Culture, Sports, Science and Technology.
(i)that which is an establishment of university faculty or academic unit of graduate school or a university department in Article 108, paragraph (2), that is a type of degree granted by the relevant university, and free of changes in field;
(ii)abolition of a university faculty or academic unit of graduate school or a university department in Article 108, paragraph (2);
(iii)matters prescribed by Cabinet Order, beyond what is set forth in the preceding 2 items.
(3)In a case where there is a notification as referred to in the preceding paragraph, when the Minister of Education, Culture, Sports, Science and Technology finds matters stated in that notification which are not compliant with laws and regulations relating to matters including equipment, class, or others, it may order the person giving the notification to take necessary measures.
(4)The provision in paragraph (1) do not apply to high schools, secondary education schools, and special needs education schools established by designated cities provided in Article 252-19, paragraph (1) of Local Autonomy Act (Act No. 67 of 1947) (hereinafter referred to as "designated cities") (this includes public university corporations established independently by designated cities or in cooperation with other municipalities.). In this case, a person establishing the relevant high school, secondary education school, or special needs education school must notify the prefectural board of education in advance, when attempting to conduct matters for which it is deemed one must obtain approval, pursuant to the provision of the same paragraph.
(5)The standard for types of degrees and changes in field in paragraph (2) item (i) is specified by the Minister of Education, Culture, Sports, Science and Technology.
Article 4-2When a municipality attempts establishment and abolition etc. of a kindergarten that it establishes, it must notify the prefectural board of education in advance.
Article 5The management of a school must manage the school that is established, and bear costs for that school except as otherwise provided by laws and regulations.
Article 6Schools may collect tuition fees; provided, however, that this may not be collected for compulsory education in national or public elementary schools, junior high schools, compulsory education schools, the lower courses of secondary education schools, or elementary school courses and junior high school courses in special needs education schools.
Article 7School must have a school principal and a considerable number of teachers.
Article 8Matters relating to qualifications of school principals and teachers (except those to whom the Education Personnel Certification Act (Act No. 147 of 1949) applies) shall be prescribed by the Minister of Education, Culture, Sports, Science and Technology, beyond what is specified separately by law.
Article 9Any persons falling under any of the following items may not become school principals or teachers.
(i)persons who have been sentenced to imprisonment without work or heavier punishment;
(ii)persons whose certificates have ceased to be effective due to falling under Article 10, paragraph (1) items (ii) or (iii) of the Education Personnel Certification Act, and persons who have not had 3 years pass since the relevant day of expiration;
(iii)persons who have lost their certificates due to disposition pursuant to the provisions of Article 11, paragraphs (1) through (3) of the Education Personnel Certification Act, and persons who have not had 3 years pass;
(iv)persons who, on or after the date of the enforcement of the Constitution of Japan, formed or belonged a political party or other organization which advocated the overthrow by force of the Constitution of Japan or the government established thereunder.
Article 10Private schools must specify a school principal, and universities and colleges of technology (KOSEN) must notify the Minister of Education, Culture, Sports, Science and Technology, and schools other than university or college of technology (KOSEN) must notify the prefectural governor.
Article 11School principals and teachers may take disciplinary action against students, when it is found educationally necessary, and as provided by the Minister of Education, Culture, Sports, Science and Technology; provided, however, that no corporal punishment shall be inflicted.
Article 12In school, as provided separately by law, health checkups and other necessary measures for health must be conducted in order to maintain and promote health of young children, elementary school children, students, and staff members
Article 13(1)In cases where schools set forth in each item of Article 4, paragraph (1) fall under any of the following items, the respective persons specified in each item of the same paragraph may order the closure of the relevant school.
(i)when laws and regulations are intentionally violated;
(ii)when an order that person gives pursuant to the provision of laws and regulations are violated;
(iii)when classes are not conducted for 6 months of more.
(2)The provision of the preceding paragraph applies mutatis mutandis to kindergartens established by a municipality. In this case, the terms "respective persons specified in each item of the same paragraph" in the same paragraph, and "that person" in item (ii) of the same paragraph, are deemed to be replaced with "prefectural board of education".
Article 14The prefectural board of education for schools established by municipalities except universities and colleges of technology(KOSEN), and the prefectural governor for private schools except universities and colleges of technology (KOSEN), may order changes, when the relevant schools violate laws and regulations or regulations defined by the prefectural board of education or the prefectural governor, regarding matters including equipment, class, or others.
Article 15(1)When the Minister of Education, Culture, Sports, Science and Technology finds that public or private universities or colleges of technology (KOSEN)to be in violation of laws and regulations relating to matters includingequipment, class, or others, it may recommend the relevant schools to take necessary measures.
(2)If the matters stated in the relevant recommendation (referred to as "recommended matters" in the following paragraph) remain unimproved after the recommendation under the regulations referred to in the preceding paragraph, the Minister of Education, Culture, Sports, Science and Technology may order changes to be made towards the relevant school.
(3)If the recommended matters remain unimproved after the order under the regulations referred to in the preceding paragraph, the Minister of Education, Culture, Sports, Science and Technology may order the relevant school to abolish the organizations stated in the relevant recommended matters.
(4)When found necessary in order to give a recommendation under the regulations of paragraph (1) or to issue an order under the regulations of paragraph (2) or those referred to in the preceding paragraph, the Minister of Education, Culture, Sports, Science and Technology may request the relevant school to submit a report or documents.
Chapter II Compulsory Education
Article 16Custodians (meaning a person who has parental authority over a child (where there are no persons who has parental authority, a guardian of a minor); the same applies hereinafter) have the obligation to have their child receive a nine-year general education, as prescribed in the following Article.
Article 17(1)Custodians have the obligation to enroll their child in an elementary school, the lower course of compulsory education school or an elementary school course of a special needs education school from the first school year that begins on or after the day following the day that the child reaches six years of age until the end of the school year that includes the day on which the child reaches 12 years of age; provided, however, that when a child has not completed the program of an elementary school, the lower course of compulsory education school or an elementary school course of a special needs education school by the end of the school year that includes the day on which the child reaches 12 years of age, the period shall be extended until the end of the school year that includes the day on which the child reaches 15 years of age (when the child completes the program during said period, until the end of the school year that includes the day on which the child completes the program)
(2)Custodians have the obligation to enroll their child in a junior high school, the upper course of compulsory education school, the lower course of secondary education school, or a junior high school course of a special needs education school from the first school year that begins on or after the day following the day on which the child has completed the program of an elementary school, the lower course of compulsory education school or an elementary school course of a school for special needs education until the end of the school year that includes the day on which the child reaches 15 years of age.
(3)Necessary matters regarding the demand for performance of obligations referred to in the preceding 2 paragraphs, and other matters regarding the performance of such obligations shall be prescribed by Cabinet Order.
Article 18Pursuant to the provisions in paragraphs (1) or (2) of the preceding Article, with regard to children whose custodians are obligated to enroll them in a school (hereinafter referred to as "school-aged child" or "school-aged student") but who are deemed to be unable to be enrolled in the school due to health impairment, incomplete development, and other unavoidable circumstances, the municipal board of education may postpone or exempt the custodian of such children from the obligation in paragraphs (1) or (2) of the same Article, as provided by the Minister of Education, Culture, Sports, Science and Technology.""""
Article 19Municipalities must provide necessary assistance to custodians of school-aged children or school-aged students found to encounter difficulties in receiving education for economic reasons.
Article 20A person who employs a school-aged child or school-aged student must not prevent the relevant school-aged child or student from receiving compulsory education due to such employment.
Article 21The general education that is provided in the form of compulsory education is to be provided with the aim of achieving the following objectives, in order to realize the purposes provided in Article 5, paragraph (2) of the Basic Act on Education (Act No. 120 of 2006).
(i)promoting social activities inside and outside school, and fostering an attitude of proactive participation in shaping society and contribution towards the development of it based on a spirit of autonomy, independence and cooperation, normative consciousness, fair judgment and a public spirit;
(ii)promoting nature-based experiential activities inside and outside school, and developing a spirit of respecting life and nature, and an attitude of contribution towards the preservation of the environment;
(iii)fostering towards a proper understanding of the current state and history of our country and homeland, fostering attitudes of respecting traditions and cultures and loving our country and homeland which nurtured traditions and cultures, while also cultivating of attitudes of respecting other countries and contribution towards peace and development of an international society through a proactive understanding of foreign cultures;
(iv)developing fundamental understanding and skills regarding matters necessary in daily life included in the roles of family and home,, clothing, food, housing, information, and industry;
(v)becoming familiarized with reading, and developing fundamental abilities for properly understanding and using Japanese Language necessary for daily life;
(vi)developing fundamental abilities for properly understanding and processing the relationship of quantity necessary for daily life;
(vii)developing fundamental abilities for scientifically understanding and processing natural phenomena in daily life through observation and experimentation;
(viii)developing habits necessary for a healthy, safe, and happy life, developing physical strength through exercise, and promoting mental and physical harmonic development;
(ix)developing fundamental understanding and skills regarding art forms including music, art, and literature which illuminate and enrich daily life;
(x)developing fundamental knowledge and skills regarding occupations, an attitude of valuing labor, and an ability to make career choices for the future in accordance with individuality.
Chapter III Kindergarten
Article 22Kindergarten is to cultivate the basics for compulsory education and future education, provide childcare, provide an appropriate environment for the healthy growth of young children, with the purpose of nurturing their mental and physical development.
Article 23Education in kindergarten is to be provided with the aim of achieving the following purposes, in order to realize the objectives provided in the preceding Article.
(i)nurturing basic habits necessary for a healthy, safe, and happy life, and promoting the harmonic development of various bodily functions;
(ii)nurturing an attitude of participation, deepening a sense of trust towards family and familiar people, and developing the formation of independence, discipline, a cooperative spirit, and normative consciousness, through group living;
(iii)nurturing interest towards familiar social life, life, and nature, and developing the formation of a correct understanding, attitude, and ability to think towards them;
(iv)giving towards the correct use of words, and nurturing an attitude of intention to understand the others' words, through daily conversation, and familiarizing with picture books and fairy tales;
(v)nurturing the formation of a rich sensibility and power of expression, through familiarizing with music, physical expression, and formation etc.
Article 24In kindergarten, education is to be provided in order to realize the purposes provided in Article 22, as well as working to support education in infancy locally and in the home, such as giving advice and providing necessary information in response to relevant persons including custodians and local residents seeking advice, for a wide range of issues regarding education in infancy.
Article 25(1)Matters including kindergarten curriculum relating to the contents of childcare shall be prescribed by the Minister of Education, Culture, Sports, Science and Technology, in compliance with the provisions of Articles 22 and 23.
(2)When the Minister of Education, Culture, Sports, Science and Technology prescribes matters including kindergarten curriculum relating to the contents of childcare pursuant to the provisions of the preceding paragraph, it must ensure consistency with the standards of the child welfare facilities specified by the Cabinet Office Order pursuant to the provision of Article 45 paragraph (2) of the Child Welfare Act(Act No. 164 of 1947)(Limited to the parts related to the portion of childcare in a nursery center of item (iii).) and curriculum and other matters related to the contents of education and childcare of child center in coordination between kindergarten and nursery center established by the competent minister pursuant to the provision of Article 10 paragraph (1) of the Act on Advancement of Comprehensive Service Related to Education, Child Care, of Preschool Children (Act No. 77 of 2006).
(3)When the Minister of Education, Culture, Sports, Science and Technology prescribes matters including kindergarten curriculum relating to the contents of childcare under the provision of paragraph (1), it must consult with the Prime Minister in advance of doing so.
Article 26A person eligible to enter a kindergarten is to be a young child from 3 years of age until reaching the time of commencement for entering elementary school.
Article 27(1)Kindergartens must have a principal, vice principal, and teachers.
(2)Kindergartens may have a deputy principal, senior teacher, advanced skill teacher, nursing teacher, diet and nutrition teacher, administrative staff, assistant nursing teacher, and other necessary staff, beyond what is provided for in the preceding paragraph.
(3)Notwithstanding the provision of paragraph (1), when staffed with a deputy principal, or there are other special circumstances, it may not be necessary to have a vice principal
(4)The principal shall take charge of kindergarten duties, and supervise staff members.
(5)The deputy principal shall aid the principal, and take charge of kindergarten duties under the kindergarten principal's orders.
(6)The vice principal shall aid the principal (in kindergartens with a deputy principal, the principal and deputy principal), organize kindergarten duties, and take charge of childcare for young children as necessary.
(7)The senior teacher shall aid the principal (in kindergartens with a deputy principal, the principal and deputy principal) and the vice principal, organize a part of kindergarten duties under their orders, and take charge of childcare for young children.
(8)The advanced skill teacher shall take charge of childcare for young children, and give necessary guidance and advice to staff members including teachers, for the improvement and enhancement of childcare.
(9)Teachers shall take charge of childcare for young children.
(10)In case of special circumstances, assistant teachers or lecturers may be positioned in place of teachers, notwithstanding the provision of paragraph (1).
(11)When it is found necessary in light of the actual circumstances of the school, a senior teacher may be positioned to aid the principal (in kindergartens with a deputy principal, the principal and deputy principal) and vice principal, organize a part of kindergarten duties under their orders, and take charge of the protective care or guidance and management of nutrition for young children of paragraph (7).
Article 28Provisions of Article 37, paragraphs (6), (8), and (12) through (17) and Articles 42 through 44 apply mutatis mutandis to kindergartens.
Chapter IV Elementary School
Article 29The purpose of elementary school is to provide the fundamentals of general education provided as compulsory education, in accordance with the children's mental and physical development.
Article 30(1)Education in elementary school is to be provided with the aim of achieving the objectives set forth in each item of Article 21 as required in order to realize the purpose provided in the preceding Article.
(2)In the case referred to in the preceding paragraph, in order to foster the foundation of study throughout one's life, it must be borne in mind especially to acquire fundamental knowledge and skills, and nurture abilities to resolve issues by utilizing such knowledge and skills which include the ability to think, make judgements, and express themselves, as well as develop an attitude to engage proactively in studies.
Article 31In elementary school, in order to contribute to the achievement of objectives provided in paragraph (1) of the preceding Article, efforts are to be made towards the enhancement of experiential study activities for students, especially volunteering activities, social service experience activities, nature-based experiential activities, and other experiential activities, when providing educational guidance. In this case sufficient considerations must be given towards the collaboration between organizations relating to social education and other bodies concerned and institutions concerned.
Article 32The course term for elementary school is to be 6 years.
Article 33Matters regarding the elementary school curriculum shall be prescribed by the Minister of Education, Culture, Sports, Science and Technology, in compliance with the provisions of Articles 29 and 30.
Article 34(1)In elementary school, textbooks authorized by the Minister of Education, Culture, Sports, Science and Technology, or textbooks under the authorship of the Ministry of Education, Culture, Sports, Science and Technology must be used.
(2)If there are teaching materials which are electronic or magnetic records (meaning a record used in computerized information processing which is created in electronic form, magnetic form, or any other form that cannot be perceived by the human senses) of the contents of textbooks provided in the preceding paragraph (hereinafter referred to as "textbooks" in this Article), which were recorded as provided by the Minister of Education, Culture, Sports, Science and Technology, the relevant teaching materials may be used in place of the textbooks, in part of the curriculum found to be necessary in order to enhance education for elementary school children, as provided by the Minister of Education, Culture, Sports, Science and Technology, notwithstanding the provision of the same paragraph.
(3)In the case provided in the preceding paragraph, when it is found necessary to reduce the level of difficulty in learning for the relevant elementary school child, by giving guidance using methods enabled by using the teaching materials provided in the same paragraph in electronic computers, including enlarging figures and characters used in textbooks or converting them to audio, for elementary school children with difficulty learning using textbooks on grounds specified by the Minister of Education, Culture, Sports, Science and Technology including visual impairment and developmental disorders, the relevant teaching materials may be used in place of the textbooks, in part or all of the curriculum, as provided by the Minister of Education, Culture, Sports, Science and Technology.
(4)Teaching materials except textbooks and teaching materials provided in paragraph (2), may be used as long as they are beneficial and appropriate.
(5)Councils etc. (meaning an organization provided in Article 8 of the National Government Organization Act (Act No. 120 of 1948);. the same applies hereinafter), to research and deliberate on textbooks in relation to applications for authorization under paragraph (1) shall be prescribed by Cabinet Order.
Article 35(1)When there is a elementary school child whose delinquent acts are found to interfere with other elementary school children's studies, such as repeatedly committing one or more of the following acts, a municipal board of education may give an order to the custodians of an elementary school child to suspend the elementary school child.
(i)acts which inflict injury, mental and physical suffering, or loss of property upon other elementary school children;
(ii)acts which inflict injury or mental and physical suffering to staff;
(iii)acts which damage facilities or equipment;
(iv)acts which interfere with the implementation of classes including educational activities.
(2)When a municipal board of education orders the suspension of an elementary school child pursuant to the provisions of the preceding paragraph, it must hear the opinions of the custodians in advance, and issue a document stating the reason and period.
(3)Beyond what is provided for in the preceding paragraph, the necessary matters for procedure to order suspension are to be prescribed by the board of education regulations.
(4)A municipal board of education is to take necessary measures for education, including supporting the learning of the elementary school child in relation to the suspension order during the period of the elementary school child's suspension.
Article 36A child under school age may not be enrolled in an elementary school.
Article 37(1)Elementary school must have a school principal, vice principal, teachers, nursing teachers, and administrative staff.
(2)Elementary school may have a deputy principal, senior teacher, advanced skill teacher, diet and nutrition teacher, and other necessary staff, beyond what is provided for in the preceding paragraph.
(3)Notwithstanding the provision of paragraph (1), it may not be necessary to have a vice principal when staffed with a deputy principal or when there are other special circumstances, a nursing teacher if there is a senior teacher taking charge of protective care, or administrative staff if there are special circumstances.
(4)The school principal shall take charge of school duties, and supervise staff members.
(5)The deputy principal shall aid the school principal, and take charge of school duties under school principal's orders.
(6)The deputy principal shall represent duties in place of the school principal when the school principal is unable to perform the school principal's duties, and perform school principal's duties when the position of the school principal becomes vacant. In this case, when there are two or more deputy principals, they shall represent or perform duties in place of the school principal in the order determined in advance by the school principal.
(7)The vice principal shall aid the school principal (in elementary schools with a deputy principal, the school principal and deputy principal), organize school duties, and take charge of education for elementary school children as necessary.
(8)The vice principal shall represent duties in place of the school principal when the school principal (in elementary schools with a deputy principal, the school principal and deputy principal) is unable to perform the school principal's duties, and perform school principal's duties when the position of the school principal (in elementary schools with a deputy principal, the school principal and deputy principal) becomes vacant. In this case, when there are two or more vice principals, they shall represent or perform duties in place of the school principal in the order determined in advance by the school principal.
(9)The senior teacher shall aid the school principal (in elementary schools with a deputy principal, the school principal and deputy principal) and the vice principal, organize a part of school duties under their orders, and take charge of education for elementary school children.
(10)The advanced skill teacher shall take charge of education for elementary school children, and give necessary guidance and advice to staff members including teachers, for the improvement and enhancement of educational guidance.
(11)Teachers shall take charge of education for elementary school children.
(12)Nursing teachers shall take charge of protective care for elementary school children.
(13)Diet and nutrition teachers shall take charge of guidance and management of nutritional for elementary school children.
(14)Administrative staff shall take charge of clerical work.
(15)Assistant teachers shall assist teachers with their duties.
(16)Lecturers shall engage in duties equivalent to those of teachers or assistant teachers.
(17)Assistant nursing teachers shall assist nursing teachers with their duties.
(18)In case of special circumstances, assistant teachers or lecturers may be positioned in place of teachers, and assistant nursing teachers in place of nursing teachers, notwithstanding the provision of paragraph (1).
(19)When it is found necessary in light of the actual circumstances of the school, a senior teacher may be positioned to aid the school principal (in elementary schools with a deputy principal, the school principal and deputy principal) and vice principal, organize a part of school duties under their orders, and take charge of the protective care or nutritional guidance and nutritional management of elementary school children, notwithstanding the provision of paragraph (9).
Article 38A municipality must establish the elementary schools that are required to allow for the enrollment of the school-aged children in its jurisdictional district; provided, however, that when it is found to be educationally beneficial and appropriate, it may be substituted for the establishment of compulsory education schools.
Article 39Municipalities may establish a municipal partnership when it is found to be appropriate, in order to process all or part of the affairs under the preceding Article.
Article 40(1)A municipality may, when it finds it impossible or inappropriate to follow the provisions of the preceding two Articles, entrust the educational affairs in full or in part related to school-aged children to other municipalities or municipal partnerships, in lieu of establishing elementary schools or compulsory education schools.
(2)In the case referred to in the preceding paragraph, the term "prefectural governor" in Article 252-2-2, paragraph (2) of the Local Autonomy Act as applied mutatis mutandis pursuant to the Article 252-14, paragraph (3) of the Act, is deemed to be replaced with "prefectural governor and prefectural board of education".
Article 41When the prefectural board of education finds that a town or a village cannot bear the burden under the preceding two articles, the prefecture must give necessary assistance to that town or a village.
Article 42Elementary schools shall perform evaluations of the state of school management of the relevant elementary schools including elementary school educational activities as provided by the Minister of Education, Culture, Sports, Science and Technology, and endeavor to increase their educational standards by taking necessary measures to improve school management based on those results.
Article 43Elementary schools are to deepen the understanding of relevant persons including custodians and local residents regarding the relevant elementary schools, and in order to contribute to the promotion of coordination and cooperation with these people, actively provide information relating to school management including educational activities of the relevant elementary schools.
Article 44Private elementary schools belonging to the administrative jurisdiction of the prefectural governor.
Chapter V Junior high school
Article 45The purpose of junior high school is to administer provide regular education provided as compulsory education, in accordance with students' mental and physical development, on a foundation of education in elementary school.
Article 46Education in junior high school is to be provided with the aim of achieve the objectives set forth in each item of Article 21 in order to realize the purpose provided in the preceding Articles.
Article 47The course term for junior high school is to be 3 years.
Article 48Matters regarding the Junior high school curriculum shall be prescribed by the Minister of Education, Culture, Sports, Science and Technology, in compliance with the provisions of Articles 45 and 46 and the provisions of Article 30, paragraph (2), as applied mutatis mutandis pursuant to the following Article following the deemed replacement of terms.
Article 49Provisions of Article 30, paragraph (2), Articles 31, 34, 35, and 37 through 44 apply mutatis mutandis to junior high schools. In this case, the term "the preceding paragraph" in Article 30, paragraph (2) is deemed to be replaced with "Article 46," and the term "paragraph (1) of the preceding Article" in Article 31 is deemed to be replaced with "Article 46."
Chapter V-2 Compulsory Education School
Article 49-2The purpose of compulsory education school is to provide the regular education provided as compulsory education from the fundamentals with consistency, in accordance with mental and physical development.
Article 49-3Education in compulsory education school is to be provided with the aim of achieving the objectives set forth in each item of Article 21 in order to realize the purpose provided in the preceding Article.
Article 49-4The course term for compulsory education school is to be 9 years.
Article 49-5The courses of compulsory education school shall be sectioned into the lower courses in the lower period of 6 years, and the upper courses in the upper period of 3 years.
Article 49-6(1)Education in the lower courses of compulsory education school is to be provided with the aim of achieving the objectives set forth in each item of Article 21, from among the purposes provided in Article 49-2, as required in order to realize provision of the fundamentals of regular education provided as compulsory education, in accordance with children's mental and physical development.
(2)Education in the upper courses of compulsory education school is to be provided with aim of achieving the objectives set forth in each item of Article 21, from among the purposes provided in Article 49-2, in order to realize provision of regular education provided as compulsory education, on a foundation of education in the lower courses, in accordance with students' mental and physical development.
Article 49-7Matters regarding the curriculum in the lower courses and upper courses of compulsory education school shall be prescribed by the Minister of Education, Culture, Sports, Science and Technology, in compliance with the provisions in Articles 49-2, 49-3, and the preceding Article, and the provisions of Article 30, paragraph (2) as applied mutatis mutandis pursuant to the following Article following the deemed replacement of terms.
Article 49-8Provisions of Article 30, paragraph (2), Articles 31, 34 through Article 37, and 42 through 44 apply mutatis mutandis to compulsory education schools. In this case, the term "the preceding paragraph" in Article 30, paragraph (2) is deemed to be replaced with "Article 49-3," and the term "paragraph (1) of the preceding Article" in Article 31 is deemed to be replaced with "Article 49-3."
Chapter VI High School
Article 50The purpose of high school is to provide professional education and high level regular education, in accordance with the students' mental and physical development and career, on a foundation of education in junior high school.
Article 51Education in high school is to be provided with the aim of achieving the following objectives, in order to realize the purpose provided in the preceding Article.
(i)further developing and expanding the outcomes of regular education provided as compulsory education, fostering rich humanity, creativity, and a healthy body, and fostering qualities necessary in the people who make up our nation and our society;
(ii)deciding on a future career according to individuality, enhancing general knowledge, and acquiring professional knowledge, techniques and skills, based on self awareness of one's mission in society which must be carried out;
(iii)working to establish individuality, developing a broad and deep understanding and a healthy critical ability towards a society, and developing an attitude of contributing to the development of society.
Article 52Matters regarding the high school departments and curriculum shall be prescribed by the Minister of Education, Culture, Sports, Science and Technology, in compliance with the provisions of the preceding two Articles and Article 30, paragraph (2) as applied mutatis mutandis pursuant to Article 62 following the deemed replacement of terms.
Article 53(1)High schools may have part-time courses, beyond full-time courses.
(2)High schools may only have part-time courses.
Article 54(1)High schools may have correspondence courses, beyond full-time courses or part-time courses.
(2)High schools may only have correspondence courses.
(3)For high schools established by municipalities, (except designated cities; hereinafter the same applies in this paragraph) (this includes public university corporations established independently by municipalities or in cooperation with other municipalities) the prefectural board of education, and for private high schools, the prefectural governor, must give notice in advance to the Minister of Education, Culture, Sports, Science and Technology, when granting approval provided in Article 4, paragraph (1) (limited to what is stated in matters prescribed by Cabinet Order) to persons of high school correspondence courses whom have address in the jurisdictional district of the prefectures wherein the relevant high school is located, and whom have address in the jurisdictional district within other prefectures nationwide, both of which are to be referred to as students, as well as other matters prescribed by Cabinet Order (hereinafter referred to in this paragraph as "extensive correspondence courses"). When the board of education of the relevant prefectures or designated cities carry out the matters prescribed by Cabinet Order in the first sentence of this paragraph, the same applies to extensive correspondence courses of high schools established by prefectures (this includes public university corporations established independently by prefectures or in cooperation with other municipalities.) or designated cities (this includes public university corporations established independently by designated cities or in cooperation with other designated cities or municipalities.).
(4)Necessary matters regarding correspondence courses shall be prescribed by the Minister of Education, Culture, Sports, Science and Technology.
Article 55(1)When a student enrolled in part-time courses or correspondence courses in high school is receiving an education in a facility for skill education, which is designated by the prefectural board of education in the location of the relevant facility, the school principal may deem studies in the relevant facility as taking courses of partial subjects in the relevant high school, as provided by the Minister of Education, Culture, Sports, Science and Technology.
(2)Necessary matters regarding the designation of facilities referred to in the preceding paragraph shall be prescribed by Cabinet Order.
Article 56The course term for high schools is to be 3 years for full-time courses, and 3 years or more for part-time courses and correspondence courses.
Article 57A Person eligible to enter high school is to be a person who has graduated junior high school or an equivalent school or compulsory education school, or a person who has completed the lower courses of secondary education school, or a person who is deemed to have the equivalent or greater scholastic ability as provided by the Minister of Education, Culture, Sports, Science and Technology.
Article 58(1)High schools may have graduate courses and special courses.
(2)High school graduate courses shall have the purpose of teaching persons who have graduated from high school or an equivalent school or secondary education school, or persons deemed to have equivalent or greater scholastic ability as provided by the Minister of Education, Culture, Sports, Science and Technology to a deep and detailed extent, as well as instructing their research, and the course term is to be 1 year or more.
(3)High school special courses shall have the purpose of providing special skill education to a simple extent, to persons qualified to enter as provided in the preceding Article, and the course term is to be 1 year or more.
Article 58-2Persons who have completed a high school graduate course (limited to those which meet the standards specified by the Minister of Education, Culture, Sports, Science and Technology including having a course term of 2 years or more) (limited to persons provided in Article 90, paragraph (1)) may be able to transfer to university as provided by the Minister of Education, Culture, Sports, Science and Technology.
Article 59Necessary matters regarding high school such as enrollment, expulsion, transfer, and others shall be prescribed by the Minister of Education, Culture, Sports, Science and Technology.
Article 60(1)High schools must have a school principal, vice principal, teachers, and administrative staff.
(2)High schools may have a deputy principal, senior teacher, advanced skill teacher, nursing teacher, diet and nutrition teacher, assistant nursing teacher, practical training assistant, technical staff, and other necessary staff, beyond what is provided for in the preceding paragraph.
(3)Notwithstanding the provision of paragraph (1), when staffed with a deputy principal, it may not be necessary to have a vice principal
(4)Practical training assistants shall assist teachers with their duties regarding experiments or practical training.
(5)In case of special circumstances, assistant teachers or lecturers may be positioned in place of teachers, notwithstanding the provision of paragraph (1).
(6)Technical staff shall engage in technical work.
Article 61If a high school has 2 or more courses out of full-time courses, part-time courses, or correspondence courses, there must be a vice principal to assign and organize school duties for the respective courses; provided, however, that this does not apply to courses in 1 wherein there is a deputy principal taking charge of school duties for the relevant courses under orders.
Article 62Provisions of Article 30, paragraph (2), Articles 31, 34, Article 37, paragraphs (4) through (17), and (19), and Articles 42 through 44 apply mutatis mutandis to high schools. In this case, the term "the preceding paragraph" in Article 30, paragraph (2) is deemed to be replaced with "Article 51," and the term "paragraph (1) of the preceding Article" in Article 31 is deemed to be replaced with "Article 51".
Chapter VII Secondary Education School
Article 63The purpose of secondary education school is to provide regular education provided as compulsory education and high level regular education and professional education with consistency, in accordance with the students' mental and physical development and career, on a foundation of education in elementary school.
Article 64Education in secondary education school is to be provided with the aim of achieving the following objectives, in order to realize the purpose provided in the preceding Article.
(i)fostering rich humanity, creativity, and a healthy body, and fostering qualities necessary in the people who make up our nation and our society;
(ii)deciding on a future career according to individuality, enhancinggeneral knowledge, and acquiring professional knowledge, techniques and skills, based on self awareness of one's mission in society which must be carried out;
(iii)working to establish individuality, developing a broad and deep understanding and a healthy critical ability, towards a society, and developing an attitude of contributing to the development of society.
Article 65The course term for secondary education school is to be 6 years.
Article 66The courses of secondary education school shall be sectioned into the lower courses in the lower period of 3 years, and the upper courses in the upper period of 3 years.
Article 67(1)Education in the lower courses of secondary education school is to be provided with the aim of achieving the objectives set forth in each item of Article 21, from among the purposes provided in Article 63, in order to realize provision of regular education provided as compulsory education, in accordance with the students' mental and physical development, on a foundation of education in elementary school.
(2)Education in the upper courses of secondary education school is to be provided with the aim of achieving the objectives set forth in each item of Article 64, from among the purposes provided in Article 63, in order to realize provision of high level regular education and professional education, in accordance with the students' mental and physical development and career.
Article 68Matters regarding the curriculum in the lower courses and matters regarding the departments and curriculum in the upper courses of secondary education school shall be prescribed by the Minister of Education, Culture, Sports, Science and Technology, in compliance with the provisions in Articles 63, 64, and the preceding Article, and provisions of Article 30, paragraph (2) as applied mutatis mutandis pursuant to the Article 71, paragraph (1) following the deemed replacement of terms.
Article 69(1)Secondary education school must have a school principal, vice principal, teachers, nursing teachers, and administrative staff.
(2)Secondary education school may have a deputy principal, senior teacher, advanced skill teacher, diet and nutrition teacher, practical training assistant, technical staff, and other necessary staff beyond what is provided for in the preceding paragraph.
(3)Notwithstanding the provision of paragraph (1), it may not be necessary to have a vice principal when there is a deputy principal, and it may not be necessary to have a nursing teacher when there is a senior teacher taking charge of protective care.
(4)In case of special circumstances, assistant teachers or lecturers may be positioned in place of teachers, and assistant nursing teachers in place of nursing teachers, notwithstanding the provision of paragraph (1).
Article 70(1)Provisions of Article 30, paragraph (2), Articles 31and 34, Article 37, paragraphs (4) through (17) and (19), Articles 42 through 44, 59, and Article 60, paragraphs (4) and (6) apply mutatis mutandis to secondary education schools, and the provisions of Articles 53 55, 58, 58-2, and Article 61 to the upper courses of secondary education schools, respectively. In this case, the term "the preceding paragraph" in Article 30, paragraph (2) is deemed to be replaced with "Article 64," and the term "paragraph (1) of the preceding Article" in Article 31 is deemed to be replaced with "Article 64".
(2)Pursuant to the provision of Articles 53 and 54 as applied mutatis mutandis pursuant to the preceding paragraph, for secondary education schools which have part-time courses or correspondence courses in the upper courses, the course terms in the relevant part-time courses or correspondence courses are to be 6 years or more, notwithstanding the provision of Article 65. In this case, the term "upper courses in the upper period of 3 years" in Article 66 is to be "upper courses in the upper period of 3 years or more".
Article 71Junior high schools and high schools established by the same management may provide education in junior high school and education in high school with consistency, in line with secondary education school, as provided by the Minister of Education, Culture, Sports, Science and Technology.
Chapter VIII Special Needs Education
Article 72The purpose of special needs education schools is to provide education equivalent to kindergarten, elementary school, junior high school, or high school towards persons with visual impairment, persons with hearing impairment, persons with intellectual disability, persons with physical disability, or persons with health impairment (this includes persons with constitutional weakness; the same applies hereinafter), and to bestow knowledge and skills necessary in order to overcome hardships in life or learning due to disabilities, and achieving independence.
Article 73Special needs education schools are to clarify what the relevant schools will provide of education towards the persons provided in the preceding Article, as provided by the Minister of Education, Culture, Sports, Science and Technology.
Article 74In special needs education schools, education is to be provided in order to realize the purposes provided in Article 72, as well as making efforts to give necessary assistance and advice for the education of young children or students provided in Article 81, paragraph (1), in response to the request of kindergartens, elementary schools, junior high schools, compulsory education schools, high schools or secondary education schools.
Article 75The extent of disability of persons with visual impairment, persons with hearing impairment, persons with intellectual disability, persons with physical disability, or persons with physical disability provided in Article 72 shall be prescribed by Cabinet Order.
Article 76(1)Special needs education schools must have elementary school courses and junior high school courses; provided, however, that in cases where there is a special need, they may have only one of those courses..
(2)Special needs education schools may have kindergarten courses or high school courses, beyond elementary school courses and junior high school courses, and in cases where there is a special need, they may have kindergarten courses or high school courses without having elementary school courses and junior high school courses, notwithstanding the provisions of the preceding paragraph.
Article 77Matters regarding childcare contents including the curriculum in kindergarten courses, curriculum in elementary school courses and junior high school courses, or departments and curriculum in high school courses in special needs education schools, shall be prescribed by the Minister of Education, Culture, Sports, Science and Technology, in line with kindergarten, elementary school, junior high school or high school.
Article 78Special needs education schools must establish dormitories; provided, however, that if there are special circumstances, it may not be necessary to establish these.
Article 79(1)Special needs education schools with dormitories established must have dormitory leaders.
(2)Dormitory leaders shall engage in caretaking and lifestyle guidance of young children or students in their daily life.
Article 80Prefectures must establish special needs education schools that are required to allow for the enrollment of persons with visual impairment, persons with hearing impairment, persons with intellectual disability, persons with physical disability, or persons with physical disability, whose disabilities are of an extent prescribed by Cabinet Order referred to in the provisions of Article 75, out of school-aged children and school-aged students in its jurisdictional district.
Article 81(1)In kindergarten, elementary school, junior high school, compulsory education school, high school, and secondary education school, education is to be provided towards young children and students who fall under any of the items in the following paragraph, and other young children and students requiring special educational support, in order to overcome hardships in life or learning due to disabilities, as provided by the Minister of Education, Culture, Sports, Science and Technology.
(2)Elementary schools, junior high schools, compulsory education schools, high schools and secondary education schools may have special needs education classes in regular school for students who fall under any of the following items.
(i)persons with intellectual disabilities;
(ii)persons with physical disability;
(iii)persons with constitutional weakness;
(iv)persons with low vision;
(v)persons with hard of hearing;
(vi)other persons with disabilities, who are appropriate to be provided with education in a special needs education class in regular school.
(3)In schools provided in the preceding paragraph, education may be provided towards students recuperating from disease by establishing a special needs education class in regular school, or staffing teachers.
Article 82Provisions of Articles 26, 27, 31 (including as applied mutatis mutandis pursuant to Articles 49 and 62 following the deemed replacement of terms), 32, (including as applied mutatis mutandis pursuant to Articles 49 and 62 following the deemed replacement of terms), 36, 37 (including as applied mutatis mutandis pursuant to Articles 28, 49, and 62 following the deemed replacement of terms.), 42 through 44, 47, and 56 through 60 apply mutatis mutandis to special needs education schools, and the provisions of Article 84 to the high school courses of special needs education schools, respectively.
Chapter IX University
Article 83(1)The purpose of university, as the core of scholarly activities, is to have the purpose of broadly imparting knowledge, teaching and researching specialized arts and sciences in depth, and developing intellectual, moral, and practical abilities.
(2)Universities are to conduct education and research in order to realize those purposes, and contribute to the development of society by providing their outcomes broadly in society.
Article 83-2(1)Of the universities in the preceding article, those which are to have the purpose of teaching and researching specialized arts and sciences in depth, and developing applied and practical abilities in order to take up occupations requiring expertise, are to be professional and vocational universities.
(2)Professional and vocational universities are to make efforts to organize and implement curricula, and improve the quality of teachers, with the cooperation of relevant persons including persons holding down occupations requiring that expertise, and persons conducting businesses relating to the relevant occupations, pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology.
(3)Professional and vocational universities may not have courses pursuant to the provisions of Article 87, paragraph (2).
Article 84Universities may provide education through correspondence courses.
Article 85(1)Universities, as a rule, are to have faculties
; provided, however, that there may be organizations other than faculties which shall form the basis of education and research, if it is beneficial and appropriate in order to achieve the purpose for education and research of the relevant universities.
Article 86Universities may have faculties providing night classes, or faculties providing education through correspondence courses.
Article 87(1)The course term for universities is to be 4 years
; provided, however, that for faculties teaching and researching special professional matters, and faculties providing night classes referred to in the preceding article, their course terms may exceed 4 years.
(2)Courses with the principal purpose of fostering clinical practical abilities or courses for veterinary studies, out of courses for medicine, courses for dentistry, and courses for pharmacy, notwithstanding the provision of the main clause in the preceding paragraph, are to have a course term of 6 years.
Article 87-2(1)Courses in professional and vocational universities may be sectioned into 2 years of lower courses in the lower period and 2 years of upper courses in the upper period, or 3 years of lower courses in the lower period and 1 year of upper courses in the upper period (For faculties which are to have a course term exceeding 4 years pursuant to the provision of the proviso in paragraph (1) of the preceding article, 2 years of lower courses in the lower period and 2 years or more of upper courses in the upper period, or 3 years of lower courses in the lower period and 1 year or more of upper courses in the upper period).
(2)Education in the lower courses of professional and vocational universities is to be provided in order to realize the nurturing of applied and practical abilities to take up occupations requiring expertise, out of the purposes provided in Article 83-2, paragraph (1).
(3)Education in the upper courses of professional and vocational universities is to be provided on a foundation of education in the lower courses, in order to realize the purpose provided in Article 83-2, paragraph (1).
(4)For courses for professional and vocational universities sectioned into lower courses and upper courses pursuant to the provision of paragraph (1), it may not be possible to advance from the relevant lower courses to the relevant upper courses without completing the relevant lower courses.
Article 88(1)When persons who have obtained a certain amount of credits in a university out of those listed in 1 other than as a university student are to enroll in the relevant universities, if they are deemed to have taken courses which are part of the curricula of the relevant universities through obtaining the relevant credits, a period specified by the university considering matters including the number of credits obtained may be counted in the course term, pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology
; provided, however, that that period may not exceed one half of the course term of the relevant universities.
Article 88-2(1)When persons who have obtained practical abilities to take on the relevant occupations through work experience in an occupation requiring expertise are to enroll in professional and vocational universities etc. ( Meaning a university with a purpose which is a purpose pursuant to the provisions in Article 108, paragraph (4) (referred to in Article 104, paragraph (5) and paragraph (6) as "professional and vocational junior college"); The same applies hereinafter), if they are deemed to have taken courses which are part of the curricula of the relevant professional and vocational universities through obtaining the relevant practical abilities, a period specified by the professional and vocational university considering matters including the level of practical abilities obtained may be counted in the course term, pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology
; provided, however, that that period may not exceed the period prescribed by the Minister of Education, Culture, Sports, Science and Technology, within a range not exceeding one half of the course term of the relevant professional and vocational universities.
Article 89If it is found that students of the relevant universities (Except persons who are attending courses pursuant to the provisions of Article 87, paragraph (2).) who have been in school for 3 years or more (For students of faculties which are to have a course term exceeding 4 years pursuant to the provision of the proviso in paragraph (1) of the same article, a period of 3 years or more prescribed by the Minister of Education, Culture, Sports, Science and Technology.) (This includes persons prescribed by the Minister of Education, Culture, Sports, Science and Technology, as an equivalent to this.) have obtained with excellent grades the credits specified by the relevant universities as the requirement for graduation, their graduation may be allowed, notwithstanding the provision of the same paragraph.
Article 90(1)Persons who may be enrolled in university are persons who have graduated high school or secondary education school, or persons who have completed 12 years of school education through regular courses (This includes persons who have completed school education equivalent to this through courses other than the regular courses.), or persons who are deemed to have the equivalent or greater scholastic ability pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology.
(2)For universities falling under each of the following items, persons who have been in high school for the number of years or more pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology (This includes persons pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology, as an equivalent to this.), who are deemed to possess exceptional qualities in the fields specified by the relevant universities, may enroll in the relevant universities, notwithstanding the provisions referred to in the preceding paragraph.
(i)There are graduate schools wherein education and research relating to the relevant fields is being conducted;
(ii)There are education and research records and a guidance system appropriate for nurturing persons who possess exceptional qualities in the relevant fields.
Article 91(1)Universities may have diploma courses and special courses.
(2)University diploma courses shall have the purpose of teaching persons who have graduated from university, or persons deemed to have the equivalent or greater scholastic ability pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology to a deep and detailed extent, as well as instructing their research, and the course term is to be 1 year or more.
(3)University special courses shall have the purpose of administering special skill education to a simple extent, to persons qualified to enroll pursuant to the provisions in paragraph (1) of the preceding Article, and the course term is to be 1 year or more.
Article 92(1)Universities must have a principal, professors, associate professors, assistant professors, assistants, and administrative staff
; provided, however, that if it is found to be appropriate as an education and research organization, they may choose not to have associate professors, assistant professors or assistants.
(2)Universities may have a vice principal, chairperson, lecturer, technical staff, and other necessary staff.
(3)The principal takes charge of school duties, and supervise staff members belonging to the university.
(4)The vice principal shall aid the principal, and take charge of school duties under their orders.
(5)The chairperson takes charge of school duties in the faculty.
(6)Professors are persons who possess exceptional knowledge, abilities and accomplishments in education, research, or practice of their major field of study, and they are to teach students, give research guidance, or engage in research.
(7)Associate professors are persons who have excellent knowledge, abilities and accomplishments in education, research, or practice of their major field of study, and they are to teach students, give research guidance, or engage in research.
(8)Assistant professors are persons who have knowledge and abilities in education, research, or practice of their major field of study, and they are to teach students, give research guidance, or engage in research.
(9)Assistants shall engage in duties necessary for smooth implementation of education and research in the organization they belong to.
(10)Lecturers will engage in duties equivalent to those of professors or associate professors.
Article 93(1)Having faculty councils in universities.
(2)Faculty councils are to state their opinions when the principal makes decisions regarding the following matters.
(i)Admittance, graduation, and completion of courses of students;
(ii)Granting of degrees;
(iii)Important matters of education and research, which the principal prescribes as matters which require hearing the opinion of the faculty council, beyond what is set forth in the preceding 2 items.
(3)The faculty council shall deliberate matters regarding education and research governed by the head of the organization (hereinafter referred to as "principal etc." in this paragraph) containing faculty councils including the principal and chairperson, and may state opinions in compliance with the requirements of the principal etc.
(4)Organizations of faculty councils may add staff including associate professors.
Article 94When prescribing standards of establishment for universities pursuant to the provisions of Article 3 and when prescribing standards pursuant to the provisions of Article 4, paragraph (5), the Minister of Education, Culture, Sports, Science and Technology must consult in councils or the like with those prescribed by Cabinet Order.
Article 95When granting approval for the establishment of universities and when giving orders under the regulations of Article 4, paragraph (3) or Article 15, paragraph (2) or paragraph (3), or giving recommendations under the regulations of paragraph (1) of the same article, the Minister of Education, Culture, Sports, Science and Technology must consult in councils or the like with those prescribed by Cabinet Order.
Article 96Research institutions including laboratories may be attached to universities.
Article 97Universities may have graduate schools.
Article 98Public and private universities shall be under the management of the Minister of Education, Culture, Sports, Science and Technology.
Article 99(1)Graduate school is to have the purpose of teaching and researching the theory and application of scholarly activities, master their depths, or foster deep knowledge and outstanding abilities in order to take up occupations requiring high levels of expertise, and contribute to the advancement in culture.
(2)Out of graduate schools, those which are to have the purpose of teaching and researching the theory and application of scholarly activities, and fostering deep knowledge and outstanding abilities in order to take up occupations requiring high levels of expertise, are to be professional graduate schools.
(3)Professional graduate schools are to make efforts to organize and implement curricula, and improve the quality of teachers, with the cooperation of relevant persons including persons holding down occupations requiring that expertise, and persons conducting businesses relating to the relevant occupations, pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology.
Article 100(1)Universities with a graduate school, as a rule, are to have academic unit
; provided, however, that there may be organizations other than graduate programs which shall form the basis of education and research, pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology, if it is beneficial and appropriate in order to achieve the education and research purposes of the relevant universities.
Article 101Universities with graduate schools may have graduate programs for providing night classes, or graduate programs providing education through correspondence courses.
Article 102(1)Persons who may be enrolled in graduate school are persons who have graduated universities in Article 83, or persons who are deemed to have the equivalent or greater scholastic ability pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology
; provided, however, that when there is a necessity in graduate program education and research, persons possessing a master's degree or a degree pursuant to the provisions of Article 104, paragraph (1), or persons who are deemed to have the equivalent or greater scholastic ability pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology, may be qualified for admittance to the relevant graduate program prescribed by the Minister of Education, Culture, Sports, Science and Technology.
(2)For universities with graduate schools, persons who have been enrolled in the universities in Article 83 as prescribed by the Minister of Education, Culture, Sports, Science and Technology for the number of years or more prescribed by the Minister of Education, Culture, Sports, Science and Technology(This includes persons prescribed by the Minister of Education, Culture, Sports, Science and Technology, as an equivalent to this.), and persons found to have obtained the credits prescribed by universities with the relevant graduate schools with excellent grades (This includes persons found to possess equivalent or greater abilities and qualities, on the basis of what is prescribed by the Minister of Education, Culture, Sports, Science and Technology as the state of obtaining the relevant credits and what is equivalent to this.), may be enrolled in the relevant graduate schools.
Article 103If there is a special necessity for education and research, what has a graduate school may be referred to as a university without having faculties, notwithstanding the provisions of Article 85.
Article 104(1)Universities (Except professional and vocational universities and universities in Article 108, paragraph (2) (hereinafter referred to as "junior college" in this article) ; hereinafter the same applies in this paragraph and paragraph (7)) are to grant a bachelor's degree to persons who have graduated from university, pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology.
(2)Professional and vocational universities are to grant a degree as prescribed by the Minister of Education, Culture, Sports, Science and Technology to persons who have graduated from professional and vocational university (For professional and vocational universities with courses sectioned into lower courses and upper courses pursuant to the provisions of Article 87-2, paragraph (1), this includes persons who have completed lower courses.), pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology.
(3)Universities with graduate schools are to grant a master's degree or doctoral degree to persons who have completed graduate school (Except professional graduate schools) courses, and a degree as prescribed by the Minister of Education, Culture, Sports, Science and Technology to persons who have completed professional graduate school courses, pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology.
(4)Universities with graduate schools may grant a doctoral degree to persons who are deemed to have equivalent or greater scholastic ability as those who were granted a doctoral degree pursuant to the provisions of the preceding paragraph, pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology.
(5)Junior College (Except professional and vocational junior college; hereinafter the same applies in this paragraph) are to grant an associate degree to persons who have graduated from junior college, pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology.
(6)Professional and vocational junior colleges are to grant a degree as prescribed by the Minister of Education, Culture, Sports, Science and Technology to persons who have graduated from professional and vocational junior college, pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology.
(7)National Institution for Academic Degrees and Quality Enhancement of Higher Education is to grant degrees prescribed in each of the following relevant items, pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology.
(i)Persons who have graduated from Junior College (This includes the lower courses of professional and vocational universities.) or a college of technology (KOSEN) (for the lower courses of professional and vocational universities, persons who have completed them), or persons equivalent to this who have obtained a certain amount of credit in university or equivalent to this by performing studies as prescribed by the Minister of Education, Culture, Sports, Science and Technology Bachelor's;
(ii)Persons who have completed what is deemed to be education provided equivalent to university or graduate school, in courses with special regulations within other laws for providing relevant education, out of providing education similar to school education in educational facilities other than school bachelor's, master's or doctoral degree.
(8)When prescribing matters regarding degrees, the Minister of Education, Culture, Sports, Science and Technology must consult councils or the like prescribed by Cabinet Order in Article 94 of this Act.
Article 105Universities may organize special courses targeted at persons other than students of the relevant university, and they may issue a certificate towards persons who have completed those courses, as testament to the fact of completion, pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology.
Article 106Universities may grant the title of emeritus professor to persons who have worked as the principal, vice-principal, chairpersons, professors, and associate professors or lecturers who have special educational or scholastic achievements, pursuant to the provisions of the relevant university.
Article 107(1)In university, facilities for extension courses may be established.
(2)The Minister of Education, Culture, Sports, Science and Technology shall prescribe the necessary matters for extension courses.
Article 108(1)Universities may teach and research specialized arts and sciences deeply, and have the nurturing of abilities necessary for occupational or actual life as a principal purpose, in lieu of the purposes provided in Article 83, paragraph (1)
(2)For universities with the purpose prescribed in the preceding paragraph as its purpose, their course term is to be 2 years or 3 years, notwithstanding the provision of Article 87, paragraph (1).
(3)Universities referred to in the preceding paragraph shall be called junior colleges.
(4)Of the universities in paragraph (2), those which are to have the purpose of teaching and researching specialized arts and sciences in depth, and nurturing applied and practical abilities in order to take up occupations requiring expertise, are to be professional and vocational junior colleges.
(5)The regulations in Article 83-2, paragraph (2) apply mutatis mutandis to the universities referred to in the preceding paragraph.
(6)The universities in paragraph (2) will not have faculties, notwithstanding the provision of Article 85 and Article 86.
(7)The universities in paragraph (2) will have departments.
(8)The universities in paragraph (2) may have departments providing night classes, or departments providing education through correspondence courses.
(9)Persons who have graduated from the universities in paragraph (2) may be able to transfer to the universities in Article 83.
(10)The regulation in Article 97 shall not apply to universities in paragraph (2).
Article 109(1)Universities shall conduct self-inspection and self-evaluation of the state of education and research, organizations and management, and facilities and equipment (referred to as "educational research etc." in the following paragraph and paragraph (5)), and publicize the results in order to contribute to the improvement of standards of their education and research, pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology.
(2)Universities are to receive evaluations (hereinafter referred to as "certified evaluation") by persons that have received certification from the Minister of Education, Culture, Sports, Science and Technology (hereinafter referred to as "certified evaluation agency"), regarding the comprehensive state of education and research etc. in the relevant universities, in addition to the measures referred to in the preceding paragraph, in each period prescribed by Cabinet Order
; provided, however, that this does not apply if a certified evaluation agency does not exist or there are other special reasons, and measures prescribed by the Minister of Education, Culture, Sports, Science and Technology are taken.
(3)For professional and vocational universities and universities with professional graduate schools, in light of the purposes of establishment of the relevant professional and vocational universities and professional graduate schools, the state of curricula, teacher organizations, and other education and research activities in the relevant professional and vocational universities and professional graduate schools are to receive certified evaluation in each period prescribed by Cabinet Order, beyond what is provided for in the preceding paragraph
; provided, however, that this does not apply if a certified evaluation agency conducting certified evaluations in fields relating to courses in the relevant professional and vocational universities and professional graduate schools does not exist, or there are other special reasons, and measures prescribed by the Minister of Education, Culture, Sports, Science and Technology are taken.
(4)The certified evaluation in the preceding 2 paragraphs are to be conducted in accordance with the university evaluation standard, (Meaning the standards specified by the certified evaluation agency in order to conduct the certified evaluation in the preceding 2 paragraphs; hereinafter the same applies in this article and the following article) upon request from universities.
(5)For the certified evaluations in paragraph (2) and paragraph (3), certifications shall be conducted for whether or not the state of education and research (This refers to the comprehensive state of education and research etc. in the universities pursuant to the provisions in paragraph (2) and the state of curricula, teacher organizations, and other education and research activities in professional and vocational universities and professional graduate schools pursuant to the provisions in paragraph (3). The same applies in the following paragraph and paragraph (7).) targeted at the respective certified evaluations are compliant with the university evaluation standard.
(6)Universities must work towards improving the education and research standards, in order to receive the certification of the certified evaluation agency (referred to in the next paragraph as "compliance certification") expressing that the state of education and research etc. is compliant with the university evaluation standards.
(7)When universities cannot receive compliance certification for the state of education and research etc., the Minister of Education, Culture, Sports, Science and Technology is to request that the relevant universities submit a report or documents regarding the state of education and research etc. in the relevant universities.
Article 110(1)Persons that attempt to become a certified evaluation agency may receive certification from the Minister of Education, Culture, Sports, Science and Technology upon application, pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology.
(2)When the applications for certification under the regulations referred to in the preceding paragraph are deemed compliant with each of the following items, the Minister of Education, Culture, Sports, Science and Technology is to give that certification.
(i)That the university evaluation standard and the evaluation method are sufficient for conducting the certified evaluation properly;
(ii)That a system necessary in order to secure fair and proper implementation of the certified evaluation is maintained;
(iii)That an opportunity to present opinions from universities related to the results of the certified evaluation is granted, before the measures pursuant to the provisions in paragraph (4) are taken (Except for notices provided in the same paragraph.);
(iv)That a corporation (This includes an association or foundation without legal personality with a defined representative or administrator. The same applies in the following item.) possesses the accounting fundamentals necessary for conducting the certified evaluation in a proper and smooth manner;
(v)That it is not a corporation whose certification has been revoked pursuant to the provision of paragraph (2) of the following article, and that 2 years have not elapsed since the day of revocation;
(vi)That there is no risk of it hindering the fair and proper implementation of certified evaluations.
(3)The details necessary when applying the standards prescribed in the preceding paragraph shall be prescribed by the Minister of Education, Culture, Sports, Science and Technology.
(4)When conducting certified evaluation, the certified evaluation agency shall notify the university of the result without delay, publicize this, and it must also report to the Minister of Education, Culture, Sports, Science and Technology, pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology.
(5)When intending to change matters prescribed by the Minister of Education, Culture, Sports, Science and Technology, including the university evaluation standard and method of evaluation, or intending to suspend or abolish all or part of certified evaluation duties, the certified evaluation agency must notify the Minister of Education, Culture, Sports, Science and Technology in advance.
(6)When certifying the certified evaluation agency, or when there is a notification under the regulations referred to in the preceding paragraph, it must be publicly notified in an official gazette.
Article 111(1)When the Minister of Education, Culture, Sports, Science and Technology finds there is a risk that fair and proper implementation of the certified evaluation may not be secured, the Minister of Education, Culture, Sports, Science and Technology may request the certified evaluation agency to submit a report or documents.
(2)When the certified evaluation agency does not respond to the request referred to in the preceding paragraph, or it submits a false report or documents, or if the Minister of Education, Culture, Sports, Science and Technology finds it is no longer compliant with the regulations in paragraph (2) and paragraph (3) of the preceding article, or finds grounds for extreme hindering to the fair and proper implementation of the certified evaluation, the Minister of Education, Culture, Sports, Science and Technology may request the relevant certified evaluation agency to improve this, and when it is not improved by that request, the Minister of Education, Culture, Sports, Science and Technology may revoke that certification.
(3)When the Minister of Education, Culture, Sports, Science and Technology revokes the certification of a certified evaluation agency pursuant to the provisions of the preceding paragraph, it must be publicly notified in an official gazette.
Article 112In the following cases, the Minister of Education, Culture, Sports, Science and Technology must consult councils or the like prescribed by Cabinet Order in Article 94 of this Act.
(i)When certifying a certified evaluation agency;
(ii)When specifying details in Article 110, paragraph (3);
(iii)When revoking the certification of a certified evaluation agency.
Article 113Universities are to publicize the state of education and research activities, in order to contribute to the diffusion of education and research results, and promotion of their utilization.
Article 114Provisions of Article 37, paragraph (14), and Article 60, paragraph (6) apply mutatis mutandis to universities.
Chapter X College of Technology (KOSEN)
Article 115(1)Colleges of technology (KOSEN) have the purpose of teaching specialized arts and sciences in depth, and nurturing abilities necessary for having an occupation.
(2)Colleges of technology (KOSEN) are to provide education in order to realize those purposes, and contribute to the development of society by providing their outcomes broadly in society.
Article 116(1)Colleges of technology (KOSEN) shall have departments.
(2)The Minister of Education, Culture, Sports, Science and Technology shall prescribe the necessary matters regarding departments referred to in the preceding paragraph.
Article 117(1)The course terms for colleges of technology (KOSEN) are to be 5 years
; provided, however, that for departments regarding merchant vessels, it is to be 5 years and 6 months.
Article 118Persons who may enroll in colleges of technology (KOSEN) are to be persons pursuant to the provisions in Article 57.
Article 119(1)Colleges of technology (KOSEN) may have graduate courses.
(2)Graduate courses of colleges of technology (KOSEN) shall have the purpose of teaching persons who have graduated from colleges of technology (KOSEN), or persons deemed to have the equivalent or greater scholastic ability pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology to a deep and detailed extent, as well as instructing their research, and the course term is to be 1 year or more.
Article 120(1)Colleges of technology (KOSEN) shall have a school principal, professors, associate professors, assistant professors, assistants and administrative staff
; provided, however, that if it is found to be appropriate as an educational organization, they may not have assistant professors or assistants.
(2)Colleges of technology (KOSEN) may have a lecturer, technical staff, and other necessary staff beyond what was referred to in the preceding paragraph.
(3)The school principal takes charge of school duties, and supervises staff members belonging to the college of technology.
(4)Professors are persons who possess exceptional knowledge, abilities, and accomplishments in education or practice, of their major field of study, and they are to teach students.
(5)Associate professors are persons who possess excellent knowledge, abilities, and accomplishments in education or practice, of their major field of study, and they are to teach students.
(6)Assistant professors are persons who possess knowledge and abilities in education and practice, of their major field of study, and they are to teach to students.
(7)Assistants shall engage in duties necessary for smooth implementation of education in the organization they belong to.
(8)Lecturers will engage in duties equivalent to those of professors or associate professors.
Article 121Persons who have graduated from Colleges of technology (KOSEN) may be called Associates.
Article 122Persons who graduate from colleges of technology (KOSEN) may be able to transfer to university pursuant to the provisions of the Minister of Education, Culture, Sports, Science and Technology.
Article 123Provisions of Article 37, paragraph (14), Article 59, Article 60, paragraph (6), Article 94 (Limited to the parts related to standards of establishment.), Article 95, Article 98, Article 105 through Article 107, Article 109 (Except for paragraph (3).) and Article 110 to Article 113 apply mutatis mutandis to colleges of technology (KOSEN).
Chapter XI Specialized Training College
Article 124Specialized training colleges are to be educational facilities other than those set forth in Article 1, providing organizational education falling under each of the following items, with a purpose of nurturing abilities necessary for occupation or actual life, or working to improve cultural education (except what is provided by other laws for providing the relevant education, and what is exclusively targeting foreign nationals residing in our country.).
(i)the course term being 1 year or more;
(ii)the number of class hours being equal to or more than the number of class hours specified by the Minister of Education, Culture, Sports, Science and Technology;
(iii)here being continuously 40 or more persons receiving education.
Article 125(1)Specialized training colleges will have upper secondary courses, post-secondary courses, or general courses.
(2)Upper secondary courses in specialized training colleges are to provide education referred to in the preceding Article, in accordance with students' mental and physical development, on a foundation of education in junior high school, towards persons who have graduated from junior high school or an equivalent school or compulsory education school, or persons who have completed the lower courses of secondary education school, or persons who are deemed to have equivalent or greater scholastic ability as provided by the Minister of Education, Culture, Sports, Science and Technology.
(3)Post-secondary courses in specialized training colleges are to provide education referred to in the preceding Article, on a foundation of education in high school, towards persons who have graduated from high school or an equivalent school or secondary education school, or persons who are deemed to have a scholastic ability as provided by the Minister of Education, Culture, Sports, Science and Technology.
(4)General courses in specialized training colleges are to provide education in the preceding Article other than upper secondary course and post-secondary course education.
Article 126(1)Specialized training colleges with upper secondary courses may be called upper secondary specialized training schools.
(2)Specialized training colleges with post-secondary courses may be called professional training colleges.
Article 127Specialized training colleges may only be established by the national government, local government, and persons falling under the following
(i)having the necessary financial basis with which to manage a specialized training college;
(ii)the management having the knowledge or experience necessary to manage a specialized training college (if management is a juridical person, it is to be the officer of relevant juridical person in charge of its management.);
(iii)the management having the trust of the public.
Article 128Specialized training colleges must satisfy standards regarding matters set forth in the following, specified by the Minister of Education, Culture, Sports, Science and Technology.
(i)the number of teachers there must be in accordance with the purpose, number of students, or the type of course;
(ii)the area, location and environment of campus and school building there must be in accordance with the purpose, number of students or the type of course;
(iii)equipment there must be in accordance with the purpose, number of students or the type of course;
(iv)the outline or curriculum and organization in accordance with the purpose or type of course.
Article 129(1)Specialized training colleges must have a school principal
(2)The school principal of specialized training colleges must have insight into education, and be engaged in duties regarding education, scholarly activities, and culture.
(3)Teachers in specialized training colleges must have qualifications specified by the Minister of Education, Culture, Sports, Science and Technology, regarding specialized knowledge or skills of the education they are in charge of.
Article 130(1)Approval must be obtained from the prefectural board of education for specialized training colleges established by municipalities, and from the prefectural governor for private specialized training colleges, regarding establishment and abolition of specialized training colleges (this includes establishment and abolition of upper secondary courses, post-secondary courses, or general courses), changes in management, and changes in purpose, except specialized training colleges established by the national government or prefectures (this includes public university corporations established independently by prefectures or in cooperation with other local governments).
(2)When there is an application for approval to establish a specialized training college (this includes establishment of upper secondary courses, post-secondary courses, or general courses), the prefectural board of education or the prefectural governor must give disposition regarding approval, after examining whether the contents of the application satisfy the standards referred to in Articles 124 and 125, and the preceding 3 Articles.
(3)The provisions of the preceding paragraph apply mutatis mutandis if there is an application for approval for a change in the management, and a change in purpose of the specialized training college.
(4)When the prefectural board of education or the prefectural governor is to refuse the approval referred to in paragraph (1), it must notify the applicant of this in writing, accompanied by the reason for this.
Article 131The management of specialized training colleges must notify the prefectural board of education for specialized training colleges established by municipalities, and the prefectural governor for private specialized training colleges when intending to change the name, location or code of the school of the established specialized training college, or when falling under other cases prescribed by Cabinet Order, except specialized training colleges established by the national government or prefectures (this includes public university corporations established independently by prefectures or in cooperation with other local governments).
Article 132Persons who have completed a post-secondary course in a specialized training college (limited to those which meet the standards specified by the Minister of Education, Culture, Sports, Science and Technology including having a course term of 2 years or more) (limited to persons provided in Article 90, paragraph (1)) may be able to transfer to university as provided by the Minister of Education, Culture, Sports, Science and Technology.
Article 133(1)Provisions of Articles 5, 6, 9 through 12, Article 13, paragraph (1), Article 14, and Articles 42 through 44 apply mutatis mutandis to specialized training colleges, and the provisions of Article 105 apply mutatis mutandis to specialized training colleges with post-secondary courses. In this case, the term "to the Minister of Education, Culture, Sports, Science and Technology in the case of a private university or college of technology (KOSEN), and to the prefectural governor in the case of a private school other than a university or college of technology (KOSEN)" in Article 10 shall be deemed to be replaced with "to the prefectural governor"; the term "any school listed in the items of Article 4, paragraph (1)" and the term "a person prescribed in the items of the same paragraph" in the same paragraph shall be deemed to be replaced with "a specialized training college established by a municipality (This includes public university corporations established independently by municipalities or in cooperation with other municipalities.) or a private specialized training college" and "the prefectural board of education or prefectural governor," respectively; the term "the person" in item (ii) of the same Article shall be deemed to be replaced with "said prefectural board of education or prefectural governor"; and the term "a school other than a university or college of technology(KOSEN) established by a municipality" and the term "a private school other than a university or college of technology(KOSEN)" in Article 14 shall be deemed to be replaced with "a specialized training college that is established by a municipality (This includes public university corporations established independently by municipalities or in cooperation with other municipalities.)" and "a private specialized training college," respectively.
(2)When the prefectural board of education or the prefectural governor is to give disposition under Article 13, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph, it must notify the management of the relevant specialized training college, in writing, accompanied by the reason for this.
Chapter XII Miscellaneous Provisions
Article 134(1)Miscellaneous schools are to provide education similar to school education, other than those set forth in Article 1 (except what is provided in other laws for providing the relevant education, and what provides specialized training college education provided in Article 124).
(2)Provisions of the first sentence of Article 4, paragraph (1) e, Articles 5 through 7, 9 through 11, Article 13, paragraph (1), Article 14, and Articles 42 through 44 apply mutatis mutandis to miscellaneous schools. In this case, the term "schools set forth in the following items" in the first sentence of Article 4, paragraph (1) shall be deemed to be replaced with "miscellaneous schools established by municipalities or private miscellaneous schools", the term "persons prescribed in each relevant item" shall be deemed to be replaced with "the prefectural board of education or prefectural governor", the term "to the Minister of Education, Culture, Sports, Science and Technology in the case of a private university or college of technology (KOSEN), and to the prefectural governor in the case of a private school other than a university or college of technology (KOSEN)" in Article 10 shall be deemed to be replaced with "to the prefectural governor"; the term "any school listed in the items of Article 4, paragraph (1)" and the term "a person prescribed in the items of the same paragraph" in Article 13, paragraph (1) shall be deemed to be replaced with "miscellaneous schools established by a municipality or a private miscellaneous school" and "the prefectural board of education or prefectural governor," respectively; the term "the person" in item (ii) of the same paragraph shall be deemed to be replaced with "said prefectural board of education or prefectural governor"; and the term "a school other than a university or college of technology (KOSEN) established by a municipality" and the term "a private school other than a university or college of technology (KOSEN)" in Article 14 shall be deemed to be replaced with " miscellaneous schools that are established by a municipality" and "a private miscellaneous school," respectively.
(3)Beyond the matters referred to in the preceding paragraph, necessary matters regarding miscellaneous schools shall be prescribed by the Minister of Education, Culture, Sports, Science and Technology.
Article 135(1)Specialized training colleges, miscellaneous schools, and other educational facilities other than set forth in Article 1, may not use the title of schools set forth in the same Article, or the title of graduate school.
(2)Educational facilities other than specialized training colleges with upper secondary courses may not use the title of upper secondary specialized training school, educational facilities other than specialized training colleges with post-secondary courses may not use the title of professional training college, and educational facilities other than specialized training colleges may not use the title of specialized training college.
Article 136(1)When the prefectural board of education (when managed by private citizens, the prefectural governor) finds what are not schools, specialized training colleges, or miscellaneous schools to be providing education of specialized training colleges or miscellaneous schools, it may recommend relevant persons to apply for approval of establishment of specialized training colleges or establishment of miscellaneous schools within a certain period; provided, however, that such a period cannot be less than 1 month.
(2)When the prefectural board of education (when managed by private citizens, the prefectural governor) finds relevant persons provided in the preceding paragraph to be continuously providing education of specialized training colleges or miscellaneous schools without complying with the recommendation under the provisions of the same paragraph, or if they are continuing to provide education of specialized training colleges or miscellaneous schools in cases where approval for specialized training colleges or miscellaneous schools was applied for and refused, it may order the relevant persons to cease to provide the relevant education.
(3)In cases of giving orders under the preceding paragraph, the prefectural governor must hear, in advance, the opinions of private school council.
Article 137As long as it does not impede on school education, schools may attach facilities for social education, or use school facilities for social education or other public uses.
Article 138Among the matters prescribed by Cabinet Order referred to in Article 17, paragraph (3), the provisions of Chapter III of the Administrative Procedure Act (Act No. 88 of 1993) shall not apply to those matters that fall under the category of a disposition on the performance of an obligation in paragraphs (1) or (2) of the same Article and that are prescribed by Cabinet Order.
Article 139A request for administrative review may not be possible for the disposition or inaction regarding approval for establishment of universities or colleges of technology (KOSEN), conducted by the Minister of Education, Culture, Sports, Science and Technology.
Article 140Cities in this act shall include the Tokyo's wards.
Article 141In this act (except Articles 85 and 100) and other laws and regulations (except as otherwise provided by the Special Rules for the Public Educational Personnel and Staff Act (Act No. 1 of 1949) and relevant laws and regulations) university faculties shall include organizations provided in the proviso of Article 85, and academic unit of graduate school shall include organizations provided in the proviso of Article 100.
Article 142Beyond what is provided for in this Act, necessary matters for implementation of this Act, which local government institutions must process shall be prescribed by Cabinet Order, and other matters shall be prescribed by the Minister of Education, Culture, Sports, Science and Technology.
Chapter XIII Penal Provisions
Article 143A person that violates the closing orders under the Article 13, paragraph (1) (including paragraph (2) of the same article, Article 133 paragraph (1), and Article 134, paragraph (2)), or the orders under the Article 136, paragraph (2), shall be punished by imprisonment or imprisonment without work for not more than 6 months or a fine of not more than 200,000 yen.
Article 144(1)A person who has received a demand for performance of obligations referred to in Article 17, paragraphs (1) or (2), who fail to fulfill them, shall be punished by a fine of not more than 100,000 yen.
(2)When a representative, an agent, an employee or any other worker of a corporation commits a violation referred to in the preceding paragraph with regard to the business of the corporation, not only the individual offender but also the corporation is subject to the punishment referred to in the same paragraph.
Article 145A person that violates the provisions of Article 20 shall be punished by a fine of not more than 100,000 yen.
Article 146A person that violates the provisions of Article 135 shall be punished by a fine of not more than 100,000 yen.
Supplementary Provisions
Article 1This Act comes into effect as of April 1st, 1947; provided, however, that the effective date for parts regarding obligations to enroll in school for schools for the blind, schools for hearing impaired children, and schools for handicapped children provided in Article 22, paragraph (1) and Article 39, paragraph (1), and parts regarding the obligations of establishment for these schools provided in Article 74, shall be prescribed by Cabinet Order.
Article 2National elementary schools, miscellaneous schools similar to national elementary schools, and miscellaneous schools and kindergartens equivalent to national elementary schools under former provisions in existence at the time of the enforcement of this Act shall be respectively deemed as elementary schools and kindergartens established pursuant to the provisions of this Act.
Article 3(1)Schools under former provisions (except the National School Ordinance) in existence at the time of the enforcement of this Act may continue to exist as schools under former provisions.
(2)Necessary matters regarding schools under the preceding paragraph shall be prescribed by the Minister of Education, Culture, Sports, Science and Technology.
Article 4Necessary matters regarding qualifications of graduates of schools under former provisions are as provided by the Minister of Education, Culture, Sports, Science and Technology.
Article 5Deletion
Article 6Private kindergartens are not required to be established by incorporated educational institutions until otherwise provided for by law, notwithstanding the provisions of Article 2, paragraph (1).
Article 7Elementary schools, junior high schools, compulsory education schools, and secondary education schools, it may not be necessary to have nursing teachers until otherwise provided for by law, notwithstanding the provisions of Articles 37 (includings 49 and 49-8) and 69.
Article 8(1)Junior high schools may provide education to regular elementary school graduates and persons who have completed the primary course of national elementary school by correspondence courses, until otherwise provided for by law.
(2)The necessary matters regarding education referred to in the preceding paragraph are as provided by the Minister of Education, Culture, Sports, Science and Technology.
Article 9(1)In high schools, upper courses of secondary education schools and special needs education schools, and special needs education class in regular class, textbooks other than the textbooks provided in Article 34, paragraph (1) until otherwise provided for by law, as provided by the Minister of Education, Culture, Sports, Science and Technology, notwithstanding the provisions of Article 34, paragraph (1) (including s 49, 49-8, 62, Article 70, paragraph (1), and Article 82).may be used.
(2)The provisions of Article 34, paragraphs (2) and (3) apply mutatis mutandis to textbooks to be used pursuant to the provisions of the preceding paragraph.
Article 10When granting the title of emeritus professor under the regulations of Article 106, until otherwise provided for by law, the service of the school principals (This includes chancellors and principals.) or teachers of universities, university preparatory courses, high school advanced courses, professional training colleges or various teacher training schools under the regulations of the old Imperial Ordinance for University, old Higher School Order, old Vocational Training School Ordinance, or old Teacher Training System for Schools, or schools equivalent to these schools specified by the Minister of Education, Culture, Sports, Science and Technology may be considered.