学校教育法(昭和二十二年法律第二十六号)
School Education Act(Act No. 26 of 1947)
最終更新:平成三十年法律第三十九号
Last Version: Act No. 39 of 2018
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令和6年3月21日
- 最終更新:平成三十年法律第三十九号
- 翻訳日:令和6年3月1日
- 辞書バージョン:16.0
学校教育法(暫定版)
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School Education Act (Tentative translation)
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昭和二十二年三月三十一日法律第二十六号
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Act No. 26 of March 31, 1947
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目次
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Table of Contents
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第一章 総則(第一条―第十五条)
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Chapter I General Provisions(Articles 1 to 15)
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第二章 義務教育(第十六条―第二十一条)
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Chapter II Compulsory Education(Articles 16 to 21)
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第三章 幼稚園(第二十二条―第二十八条)
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Chapter III Kindergarten(Articles 22 to 28)
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第四章 小学校(第二十九条―第四十四条)
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Chapter IV Elementary School(Articles 29 to 44)
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第五章 中学校(第四十五条―第四十九条)
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Chapter V Junior High School(Articles 45 to 49)
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第五章の二 義務教育学校(第四十九条の二―第四十九条の八)
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Chapter V-2 Compulsory Education School(Articles 49-2 to 49-8)
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第六章 高等学校(第五十条―第六十二条)
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Chapter VI High School(Articles 50 to 62)
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第七章 中等教育学校(第六十三条―第七十一条)
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Chapter VII Secondary Education School(Articles 63 to 71)
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第八章 特別支援教育(第七十二条―第八十二条)
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Chapter VIII Special Needs Education(Articles 72 to 82)
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第九章 大学(第八十三条―第百十四条)
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Chapter IX University(Articles 83 to 114)
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第十章 高等専門学校(第百十五条―第百二十三条)
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Chapter X College of Technology (KOSEN)(Articles 115 to 123)
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第十一章 専修学校(第百二十四条―第百三十三条)
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Chapter XI Specialized Training College(Articles 124 to 133)
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第十二章 雑則(第百三十四条―第百四十二条)
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Chapter XII Miscellaneous Provisions(Articles 134 to 142)
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第十三章 罰則(第百四十三条―第百四十六条)
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Chapter XIII Penal Provisions(Articles 143 to 146)
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附 則
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Supplementary Provisions
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第一章 総則
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Chapter I General Provisions
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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")
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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).
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一公立又は私立の大学及び高等専門学校文部科学大臣
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(i)public or private university and college of technology (KOSEN):Minister of Education, Culture, Sports, Science and Technology;
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二市町村(市町村が単独で又は他の市町村と共同して設立する公立大学法人を含む。次条、第十三条第二項、第十四条、第百三十条第一項及び第百三十一条において同じ。)の設置する高等学校、中等教育学校及び特別支援学校都道府県の教育委員会
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(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;
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三私立の幼稚園、小学校、中学校、義務教育学校、高等学校、中等教育学校及び特別支援学校都道府県知事
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(iii)private kindergarten, elementary school, junior high school, compulsory education school, high school, secondary education school, and special needs education school:Prefectural Governor.
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(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.
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一大学の学部若しくは大学院の研究科又は第百八条第二項の大学の学科の設置であつて、当該大学が授与する学位の種類及び分野の変更を伴わないもの
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(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;
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二大学の学部若しくは大学院の研究科又は第百八条第二項の大学の学科の廃止
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(ii)abolition of a university faculty or academic unit of graduate school or a university department in Article 108, paragraph (2);
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三前二号に掲げるもののほか、政令で定める事項
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(iii)matters prescribed by Cabinet Order, beyond what is set forth in the preceding 2 items.
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(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.
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4地方自治法(昭和二十二年法律第六十七号)第二百五十二条の十九第一項の指定都市(以下「指定都市」という。)(指定都市が単独で又は他の市町村と共同して設立する公立大学法人を含む。)の設置する高等学校、中等教育学校及び特別支援学校については、第一項の規定は、適用しない。この場合において、当該高等学校、中等教育学校及び特別支援学校を設置する者は、同項の規定により認可を受けなければならないとされている事項を行おうとするときは、あらかじめ、都道府県の教育委員会に届け出なければならない。
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(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.
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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.
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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.
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一禁錮以上の刑に処せられた者
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(i)persons who have been sentenced to imprisonment without work or heavier punishment;
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二教育職員免許法第十条第一項第二号又は第三号に該当することにより免許状がその効力を失い、当該失効の日から三年を経過しない者
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(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;
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三教育職員免許法第十一条第一項から第三項までの規定により免許状取上げの処分を受け、三年を経過しない者
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(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;
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(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.
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一法令の規定に故意に違反したとき
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(i)when laws and regulations are intentionally violated;
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二法令の規定によりその者がした命令に違反したとき
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(ii)when an order that person gives pursuant to the provision of laws and regulations are violated;
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三六箇月以上授業を行わなかつたとき
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(iii)when classes are not conducted for 6 months of more.
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(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".
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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.
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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.
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(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.
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(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.
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第二章 義務教育
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Chapter II Compulsory Education
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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.
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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)
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(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.
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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.""""
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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).
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一学校内外における社会的活動を促進し、自主、自律及び協同の精神、規範意識、公正な判断力並びに公共の精神に基づき主体的に社会の形成に参画し、その発展に寄与する態度を養うこと。
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(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;
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二学校内外における自然体験活動を促進し、生命及び自然を尊重する精神並びに環境の保全に寄与する態度を養うこと。
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(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;
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三我が国と郷土の現状と歴史について、正しい理解に導き、伝統と文化を尊重し、それらをはぐくんできた我が国と郷土を愛する態度を養うとともに、進んで外国の文化の理解を通じて、他国を尊重し、国際社会の平和と発展に寄与する態度を養うこと。
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(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;
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四家族と家庭の役割、生活に必要な衣、食、住、情報、産業その他の事項について基礎的な理解と技能を養うこと。
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(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;
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五読書に親しませ、生活に必要な国語を正しく理解し、使用する基礎的な能力を養うこと。
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(v)becoming familiarized with reading, and developing fundamental abilities for properly understanding and using Japanese Language necessary for daily life;
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六生活に必要な数量的な関係を正しく理解し、処理する基礎的な能力を養うこと。
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(vi)developing fundamental abilities for properly understanding and processing the relationship of quantity necessary for daily life;
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七生活にかかわる自然現象について、観察及び実験を通じて、科学的に理解し、処理する基礎的な能力を養うこと。
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(vii)developing fundamental abilities for scientifically understanding and processing natural phenomena in daily life through observation and experimentation;
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八健康、安全で幸福な生活のために必要な習慣を養うとともに、運動を通じて体力を養い、心身の調和的発達を図ること。
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(viii)developing habits necessary for a healthy, safe, and happy life, developing physical strength through exercise, and promoting mental and physical harmonic development;
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九生活を明るく豊かにする音楽、美術、文芸その他の芸術について基礎的な理解と技能を養うこと。
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(ix)developing fundamental understanding and skills regarding art forms including music, art, and literature which illuminate and enrich daily life;
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十職業についての基礎的な知識と技能、勤労を重んずる態度及び個性に応じて将来の進路を選択する能力を養うこと。
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(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.
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第三章 幼稚園
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Chapter III Kindergarten
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一健康、安全で幸福な生活のために必要な基本的な習慣を養い、身体諸機能の調和的発達を図ること。
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(i)nurturing basic habits necessary for a healthy, safe, and happy life, and promoting the harmonic development of various bodily functions;
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二集団生活を通じて、喜んでこれに参加する態度を養うとともに家族や身近な人への信頼感を深め、自主、自律及び協同の精神並びに規範意識の芽生えを養うこと。
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(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;
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三身近な社会生活、生命及び自然に対する興味を養い、それらに対する正しい理解と態度及び思考力の芽生えを養うこと。
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(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;
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四日常の会話や、絵本、童話等に親しむことを通じて、言葉の使い方を正しく導くとともに、相手の話を理解しようとする態度を養うこと。
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(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;
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五音楽、身体による表現、造形等に親しむことを通じて、豊かな感性と表現力の芽生えを養うこと。
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(v)nurturing the formation of a rich sensibility and power of expression, through familiarizing with music, physical expression, and formation etc.
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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.
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2文部科学大臣は、前項の規定により幼稚園の教育課程その他の保育内容に関する事項を定めるに当たつては、児童福祉法(昭和二十二年法律第百六十四号)第四十五条第二項の規定により児童福祉施設に関して内閣府令で定める基準(同項第三号の保育所における保育の内容に係る部分に限る。)並びに就学前の子どもに関する教育、保育等の総合的な提供の推進に関する法律(平成十八年法律第七十七号)第十条第一項の規定により主務大臣が定める幼保連携型認定こども園の教育課程その他の教育及び保育の内容に関する事項との整合性の確保に配慮しなければならない。
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(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).
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(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).
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第四章 小学校
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Chapter IV Elementary School
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(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.
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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.
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(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.
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(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.
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(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.
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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.
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一他の児童に傷害、心身の苦痛又は財産上の損失を与える行為
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(i)acts which inflict injury, mental and physical suffering, or loss of property upon other elementary school children;
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二職員に傷害又は心身の苦痛を与える行為
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(ii)acts which inflict injury or mental and physical suffering to staff;
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三施設又は設備を損壊する行為
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(iii)acts which damage facilities or equipment;
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四授業その他の教育活動の実施を妨げる行為
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(iv)acts which interfere with the implementation of classes including educational activities.
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(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.
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(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.
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(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.
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(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).
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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.
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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.
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2前項の場合においては、地方自治法第二百五十二条の十四第三項において準用する同法第二百五十二条の二の二第二項中「都道府県知事」とあるのは、「都道府県知事及び都道府県の教育委員会」と読み替えるものとする。
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(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".
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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.
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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.
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第五章 中学校
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Chapter V Junior high school
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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.
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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."
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第五章の二 義務教育学校
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Chapter V-2 Compulsory Education School
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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.
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(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.
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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.
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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."
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第六章 高等学校
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Chapter VI High School
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一義務教育として行われる普通教育の成果を更に発展拡充させて、豊かな人間性、創造性及び健やかな身体を養い、国家及び社会の形成者として必要な資質を養うこと。
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(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;
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二社会において果たさなければならない使命の自覚に基づき、個性に応じて将来の進路を決定させ、一般的な教養を高め、専門的な知識、技術及び技能を習得させること。
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(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;
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三個性の確立に努めるとともに、社会について、広く深い理解と健全な批判力を養い、社会の発展に寄与する態度を養うこと。
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(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.
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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.
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3市(指定都市を除く。以下この項において同じ。)町村(市町村が単独で又は他の市町村と共同して設立する公立大学法人を含む。)の設置する高等学校については都道府県の教育委員会、私立の高等学校については都道府県知事は、高等学校の通信制の課程のうち、当該高等学校の所在する都道府県の区域内に住所を有する者のほか、全国的に他の都道府県の区域内に住所を有する者を併せて生徒とするものその他政令で定めるもの(以下この項において「広域の通信制の課程」という。)に係る第四条第一項に規定する認可(政令で定める事項に係るものに限る。)を行うときは、あらかじめ、文部科学大臣に届け出なければならない。都道府県(都道府県が単独で又は他の地方公共団体と共同して設立する公立大学法人を含む。)又は指定都市(指定都市が単独で又は他の指定都市若しくは市町村と共同して設立する公立大学法人を含む。)の設置する高等学校の広域の通信制の課程について、当該都道府県又は指定都市の教育委員会(公立大学法人の設置する高等学校にあつては、当該公立大学法人)がこの項前段の政令で定める事項を行うときも、同様とする。
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(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.).
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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.
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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.
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(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.
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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.
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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.
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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".
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第七章 中等教育学校
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Chapter VII Secondary Education School
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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.
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一豊かな人間性、創造性及び健やかな身体を養い、国家及び社会の形成者として必要な資質を養うこと。
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(i)fostering rich humanity, creativity, and a healthy body, and fostering qualities necessary in the people who make up our nation and our society;
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二社会において果たさなければならない使命の自覚に基づき、個性に応じて将来の進路を決定させ、一般的な教養を高め、専門的な知識、技術及び技能を習得させること。
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(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;
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三個性の確立に努めるとともに、社会について、広く深い理解と健全な批判力を養い、社会の発展に寄与する態度を養うこと。
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(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.
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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.
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(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.
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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.
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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".
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(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".
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第八章 特別支援教育
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Chapter VIII Special Needs Education
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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.
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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.
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(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.
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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.
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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.
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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.
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一知的障害者
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(i)persons with intellectual disabilities;
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二肢体不自由者
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(ii)persons with physical disability;
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三身体虚弱者
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(iii)persons with constitutional weakness;
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四弱視者
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(iv)persons with low vision;
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五難聴者
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(v)persons with hard of hearing;
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六その他障害のある者で、特別支援学級において教育を行うことが適当なもの
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(vi)other persons with disabilities, who are appropriate to be provided with education in a special needs education class in regular school.
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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.
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第九章 大学
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Chapter IX University
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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.
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(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.
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(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.
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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).
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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
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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
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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.
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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.
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(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.
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一当該分野に関する教育研究が行われている大学院が置かれていること。
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(i)There are graduate schools wherein education and research relating to the relevant fields is being conducted;
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二当該分野における特に優れた資質を有する者の育成を図るのにふさわしい教育研究上の実績及び指導体制を有すること。
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(ii)There are education and research records and a guidance system appropriate for nurturing persons who possess exceptional qualities in the relevant fields.
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(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.
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一学生の入学、卒業及び課程の修了
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(i)Admittance, graduation, and completion of courses of students;
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二学位の授与
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(ii)Granting of degrees;
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三前二号に掲げるもののほか、教育研究に関する重要な事項で、教授会の意見を聴くことが必要なものとして学長が定めるもの
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(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.
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(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.
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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.
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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.
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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.
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(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.
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(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.
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; 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.
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; 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.
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(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.
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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.
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(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.
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(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.
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(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.
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(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.
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一短期大学(専門職大学の前期課程を含む。)若しくは高等専門学校を卒業した者(専門職大学の前期課程にあつては、修了した者)又はこれに準ずる者で、大学における一定の単位の修得又はこれに相当するものとして文部科学大臣の定める学習を行い、大学を卒業した者と同等以上の学力を有すると認める者 学士
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(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;
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二学校以外の教育施設で学校教育に類する教育を行うもののうち当該教育を行うにつき他の法律に特別の規定があるものに置かれる課程で、大学又は大学院に相当する教育を行うと認めるものを修了した者 学士、修士又は博士
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(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.
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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.
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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.
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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.
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(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
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ただし、認証評価機関が存在しない場合その他特別の事由がある場合であつて、文部科学大臣の定める措置を講じているときは、この限りでない。
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; 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.
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(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
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ただし、当該専門職大学等又は専門職大学院の課程に係る分野について認証評価を行う認証評価機関が存在しない場合その他特別の事由がある場合であつて、文部科学大臣の定める措置を講じているときは、この限りでない。
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; 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.
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(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.
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(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.
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(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.
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(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.
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一大学評価基準及び評価方法が認証評価を適確に行うに足りるものであること。
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(i)That the university evaluation standard and the evaluation method are sufficient for conducting the certified evaluation properly;
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二認証評価の公正かつ適確な実施を確保するために必要な体制が整備されていること。
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(ii)That a system necessary in order to secure fair and proper implementation of the certified evaluation is maintained;
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三第四項に規定する措置(同項に規定する通知を除く。)の前に認証評価の結果に係る大学からの意見の申立ての機会を付与していること。
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(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.);
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四認証評価を適確かつ円滑に行うに必要な経理的基礎を有する法人(人格のない社団又は財団で代表者又は管理人の定めのあるものを含む。次号において同じ。)であること。
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(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;
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五次条第二項の規定により認証を取り消され、その取消しの日から二年を経過しない法人でないこと。
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(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;
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六その他認証評価の公正かつ適確な実施に支障を及ぼすおそれがないこと。
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(vi)That there is no risk of it hindering the fair and proper implementation of certified evaluations.
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(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.
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(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.
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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.
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(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.
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一認証評価機関の認証をするとき。
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(i)When certifying a certified evaluation agency;
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二第百十条第三項の細目を定めるとき。
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(ii)When specifying details in Article 110, paragraph (3);
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三認証評価機関の認証を取り消すとき。
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(iii)When revoking the certification of a certified evaluation agency.
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第十章 高等専門学校
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Chapter X College of Technology (KOSEN)
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(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.
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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).
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第十一章 専修学校
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Chapter XI Specialized Training College
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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.).
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一修業年限が一年以上であること。
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(i)the course term being 1 year or more;
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二授業時数が文部科学大臣の定める授業時数以上であること。
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(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;
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三教育を受ける者が常時四十人以上であること。
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(iii)here being continuously 40 or more persons receiving education.
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(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.
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(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.
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一専修学校を経営するために必要な経済的基礎を有すること。
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(i)having the necessary financial basis with which to manage a specialized training college;
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二設置者(設置者が法人である場合にあつては、その経営を担当する当該法人の役員とする。次号において同じ。)が専修学校を経営するために必要な知識又は経験を有すること。
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(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.);
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三設置者が社会的信望を有すること。
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(iii)the management having the trust of the public.
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一目的、生徒の数又は課程の種類に応じて置かなければならない教員の数
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(i)the number of teachers there must be in accordance with the purpose, number of students, or the type of course;
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二目的、生徒の数又は課程の種類に応じて有しなければならない校地及び校舎の面積並びにその位置及び環境
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(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;
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三目的、生徒の数又は課程の種類に応じて有しなければならない設備
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(iii)equipment there must be in accordance with the purpose, number of students or the type of course;
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四目的又は課程の種類に応じた教育課程及び編制の大綱
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(iv)the outline or curriculum and organization in accordance with the purpose or type of course.
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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).
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(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.
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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).
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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.
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第百三十三条第五条、第六条、第九条から第十二条まで、第十三条第一項、第十四条及び第四十二条から第四十四条までの規定は専修学校に、第百五条の規定は専門課程を置く専修学校に準用する。この場合において、第十条中「大学及び高等専門学校にあつては文部科学大臣に、大学及び高等専門学校以外の学校にあつては都道府県知事に」とあるのは「都道府県知事に」と、同項中「第四条第一項各号に掲げる学校」とあるのは「市町村(市町村が単独で又は他の市町村と共同して設立する公立大学法人を含む。)の設置する専修学校又は私立の専修学校」と、「同項各号に定める者」とあるのは「都道府県の教育委員会又は都道府県知事」と、同項第二号中「その者」とあるのは「当該都道府県の教育委員会又は都道府県知事」と、第十四条中「大学及び高等専門学校以外の市町村の設置する学校については都道府県の教育委員会、大学及び高等専門学校以外の私立学校については都道府県知事」とあるのは「市町村(市町村が単独で又は他の市町村と共同して設立する公立大学法人を含む。)の設置する専修学校については都道府県の教育委員会、私立の専修学校については都道府県知事」と読み替えるものとする。
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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.
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(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.
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第十二章 雑則
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Chapter XII Miscellaneous Provisions
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2第四条第一項前段、第五条から第七条まで、第九条から第十一条まで、第十三条第一項、第十四条及び第四十二条から第四十四条までの規定は、各種学校に準用する。この場合において、第四条第一項前段中「次の各号に掲げる学校」とあるのは「市町村の設置する各種学校又は私立の各種学校」と、「当該各号に定める者」とあるのは「都道府県の教育委員会又は都道府県知事」と、第十条中「大学及び高等専門学校にあつては文部科学大臣に、大学及び高等専門学校以外の学校にあつては都道府県知事に」とあるのは「都道府県知事に」と、第十三条第一項中「第四条第一項各号に掲げる学校」とあるのは「市町村の設置する各種学校又は私立の各種学校」と、「同項各号に定める者」とあるのは「都道府県の教育委員会又は都道府県知事」と、同項第二号中「その者」とあるのは「当該都道府県の教育委員会又は都道府県知事」と、第十四条中「大学及び高等専門学校以外の市町村の設置する学校については都道府県の教育委員会、大学及び高等専門学校以外の私立学校については都道府県知事」とあるのは「市町村の設置する各種学校については都道府県の教育委員会、私立の各種学校については都道府県知事」と読み替えるものとする。
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(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.
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(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.
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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.
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(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.
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第百三十八条第十七条第三項の政令で定める事項のうち同条第一項又は第二項の義務の履行に関する処分に該当するもので政令で定めるものについては、行政手続法(平成五年法律第八十八号)第三章の規定は、適用しない。
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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.
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第百四十一条この法律(第八十五条及び第百条を除く。)及び他の法令(教育公務員特例法(昭和二十四年法律第一号)及び当該法令に特別の定めのあるものを除く。)において、大学の学部には第八十五条ただし書に規定する組織を含み、大学の大学院の研究科には第百条ただし書に規定する組織を含むものとする。
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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.
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第十三章 罰則
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Chapter XIII Penal Provisions
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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.
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(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.
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附 則
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Supplementary Provisions
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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.
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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.
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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.
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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.
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