Order for Enforcement of the School Education Act(Cabinet Order No. 340 of 1953)
Last Version: Cabinet Order No. 355 of 2018
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▶第一章 就学義務
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令和6年11月7日
- 最終更新:平成三十年政令第三百五十五号
- 翻訳日:令和6年3月1日
- 辞書バージョン:16.0
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令和6年3月21日
- 最終更新:平成三十年政令第三百五十五号
- 翻訳日:令和6年3月1日
- 辞書バージョン:16.0
Order for Enforcement of the School Education Act
Cabinet Order No. 340 of October 31, 1953
The Cabinet hereby enact this Cabinet Order, pursuant to the provisions of Article 4, Article 22, paragraph (2), Article 40, Article 83, paragraph (3), and Article 88 of the School Education Act (Act No. 26 of 1947).
Table of Contents
Chapter I Obligation to Enroll in School
Section 1 Register of School-Aged Children (Articles 1 to 4)
Section 2 Elementary School, Junior High School, Compulsory Education School, and Secondary Education School (Articles 5 to 10)
Section 3 Special Needs Education School (Articles 11 to 18)
Section 3-2 Hearing of Opinions of Custodians and Persons Possessing Expert Knowledge of Schooling for Persons with Visual Impairment (Article 18-2)
Section 4 Demands (Articles 19 to 21)
Section 5 Completion of Obligation to Enroll in School (Article 22)
Section 6 Exclusion from Application of the Administrative Procedure Act (Article 22-2)
Chapter II Extent of Disabilities of Persons with Visual Impairment (Article 22-3)
Chapter III Approval, Notification
Section 1 Approval and Notification (Articles 23 to 28)
Section 2 School Terms, Holidays and Preservation of Documents after Abolition of School (Articles 29 to 31)
Chapter IV Designation of Skill Education Facilities (Articles 32 to 39)
Chapter V Certified Evaluation (Article 40)
Chapter VI Councils (Articles 41 to 43)
Supplementary Provisions
Chapter I Obligation to Enroll in School
Section 1 Register of School-Aged Children
(Compilation of the Register of School-Aged Children)
Article 1(1)The municipal (this includes special wards; the same applies below) board of education must compile a register of school-aged children for school-aged children and school-aged students (meaning school-aged children and school-aged students provided for in Article 18 of the School Education Act (referred to below as "the Act")), with addresses within the jurisdictional district of the relevant municipalities.
(2)The register of school-aged children under the provisions referred to in the preceding paragraph is to be compiled based on the basic register of residents of the relevant municipality.
(3)The municipal board of education may prepare the register of school-aged children referred to in paragraph (1) using a magnetic disk (this includes things which can reliably record certain matters through methods equivalent to this; the same applies below) as provided for by Order of the Ministry of Education, Culture, Sports, Science and Technology.
(4)Matters which must be stated (for a register of school-aged children prepared using a magnetic disk provided for in the provisions of the preceding paragraph; matters which must be recorded; the same applies below) in the register of school-aged children referred to in paragraph (1) are to be prescribed by Order of the Ministry of Education, Culture, Sports, Science and Technology.
Article 2The municipal board of education must create in advance the register of school-aged children referred to in paragraph (1) of the preceding Article, at least 5 months before the beginning of each school year, as of the date specified by Order of the Ministry of Education, Culture, Sports, Science and Technology, for persons with addresses in the relevant municipalities and who will reach six years of age between the beginning and end of the previous school year. In this case, the provisions of paragraphs (2) through (4) of that Article are to apply mutatis mutandis.
Article 3When matters arise which must be stated newly in the register of school-aged children, or when there is a change to matters stated in the register of school-aged children, or when there is any mistake or omission in the matters stated in the register of school-aged children, the municipal board of education must make necessary insertions, deletions, and corrections.
(Notice of Notification for Change of Address of pupils and students etc.)
Article 4When there is a notification under the provisions of Articles 22 or 23 of the Act for Basic Register of Residents (Act No. 81 of 1967) (for persons provided in Article 2, this is limited to notifications under these provisions in relation to changes in address from the day after the day specified by Order of the Ministry of Education, Culture, Sports, Science and Technology pursuant to that Article) about persons provided in Article 2, school-aged children or school-aged students (referred to below using the collective term "pupils and students etc."), mayors of municipalities (for special wards, it is to be mayors of special wards, and for designated cities referred to in Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947), it is to be directors of wards or directors of consolidated wards) are to promptly notify this to the municipal board of education.
Section 2 Elementary School, Junior High School, Compulsory Education School, and Secondary Education School
(Notice of Date of Enrollment, Designation of School)
Article 5(1)The municipal board of education must notify custodians of the date of enrollment in elementary school, junior high school, or compulsory education school at least 2 months before the beginning of the following school year, for persons other than certified special needs education school attendees (meaning persons found to be appropriate to enroll in a special needs education school established by the prefecture in which they possess an address, while considering matters including the state of their disabilities, the contents of educational support they need, and the state of improvement of the educational system in regions, among persons with visual impairment, persons with hearing impairment, persons with intellectual disabilities, persons with physical disabilities, or persons with health impairment (this includes persons with constitutional weakness) whose disabilities are of an extent provided in the table in Article 22-3 (referred to below as "persons with visual impairment, etc."; the same applies below), among the persons scheduled to enroll in school (meaning persons who must enroll in elementary school, junior high school, compulsory education school, secondary education school or special needs education school from the beginning of the following school year, pursuant to the provisions of Article 17, paragraphs (1) or (2) of the Act; the same applies below )).
(2)The municipal board of education must designate an elementary school, junior high school, or compulsory education school in which the relevant persons scheduled to enroll must be enrolled as in the notice referred to in the preceding paragraph, if the total number of elementary schools and compulsory education schools established by the relevant municipalities are two or more, or if the total number of junior high schools (except those providing education consistent with education in high school, pursuant to the provisions of Article 17 of the Act (referred to below as "attached junior high schools"); the same applies below for this paragraph, item (vii) of the following Article, Article 6-3, paragraph (1), and Articles 7 and 8) and compulsory education schools established by the relevant municipalities are two or more.
(3)The provisions of the preceding two paragraphs do not apply to persons scheduled to enroll in school who have had notifications of Article 9, paragraph (1) or Article 17.
Article 6The provisions of the preceding Article apply mutatis mutandis to the following persons. In this case, the term "at least 2 months before the beginning of the following school year" in paragraph (1) of the same Article is deemed to be replaced with "promptly":
(i)persons scheduled to enroll in school, who were newly listed in the register of school-aged children created by the municipal board of education on or following the day after the limit for notices provided for in paragraph (1) of the preceding Article, or school-aged children or school-aged students who were newly listed in the relevant register of school-aged children due to a change in their address (except certified special needs education school attendees, and persons enrolled in elementary school, junior high school, or compulsory education school established by the relevant municipalities);
(ii)school-aged children or school-aged students, of whom notices referred to in paragraph (2) of the following Article have been given;
(iii)school-aged children or school-aged students, of whom notices referred to in Article 6-3, paragraph (2) have been given, (except for school-aged children or school-aged student stated in the notices referred to in paragraph (3) of that Article);
(iv)school-aged children or school-aged students (except certified special needs education school attendees), of whom notices referred to in Articles 10 or 18 have been given;
(v)among school-aged children or school-aged students, of whom notices referred to in Article 12, paragraph (1) has been given; persons other than those who certified as certified special needs education school attendees (except school-aged children and school-aged students stated in the notices in paragraph (3) of that Article).;
(vi)among school-aged children or school-aged students, of whom notices referred to in Article 12-2, paragraph (1) have been given; a person other than those who certified as certified special needs education school attendees (except school-aged children and school-aged students stated in the notices referred to in paragraph (3) of the same Article);
(vii)pupils and students etc. who have been required to change the elementary school, junior high school, or compulsory education school they must be enrolled in, due to new establishment, abolition, etc. of elementary schools, junior high schools, or compulsory education schools.
Article 6-2(1)When there are school-aged children or school-aged students enrolled in special needs education school who have ceased to be persons with visual impairment, etc., the school principal of the special needs education school in which the relevant school-aged children or school-aged students are enrolled, must promptly and accordingly notify the prefectural board of education in the address of the relevant school-aged children and students.
(2)The prefectural board of education must promptly and accordingly notify the municipal board of education in the address of the relevant school-aged children and school-aged students, of the name of the school-aged children and school-aged students, of whom the notice referred to in the preceding paragraph have been given, and the fact that they are no longer persons with visual impairment, etc.
Article 6-3(1)When there are school-aged children or school-aged students enrolled in special needs education school who are considered appropriate to be enrolled in elementary schools, junior high schools, or compulsory education schools established by the municipalities in which they possess an address (except those who have ceased to be persons with visual impairment, etc.), due to changes in matters including the state of their disabilities, the contents of educational support they need, and the state of improvement of the educational system in regions, school principals of special needs education schools in which the relevant school-aged children and school-aged students are enrolled must promptly notify that fact to the prefectural board of education in the address of the relevant school-aged children or school-aged students.
(2)The prefectural board of education must promptly and accordingly notify the municipal board of education in the address of the relevant school-aged children and school-aged students, of the name of the school-aged children and school-aged students, of whom the notice referred to in the preceding paragraph have been given, and the fact that the prefectural board of education has received a notice of that paragraph.
(3)The municipal board of education must promptly notify that fact to the prefectural board of education, when the school-aged children or school-aged students, of whom the notice referred to in the preceding paragraph have been given, are found appropriate to be enrolled in the relevant special needs education school continuously.
(4)The prefectural board of education must promptly notify that fact to the school principal referred to in paragraph (1), when receiving the notice referred to in the preceding paragraph.
Article 6-4When there are persons who have ceased to be persons with visual impairment, etc., among persons with visual impairment, etc. enrolled in elementary school, junior high school, compulsory education school or secondary education school among school-aged children and school-aged students, the school principal of the elementary school, junior high school, compulsory education school, or secondary education school in which those persons are enrolled, must promptly notify that fact to the municipal board of education in the address of the relevant school-aged children or school-aged students.
Article 7The municipal board of education must notify the school principal of the elementary school, junior high school, or compulsory education school which the relevant pupils and students etc. are to enroll in, of the name and date of enrollment of the relevant pupils and students etc., at the same time as the notice referred to in Article 5, paragraph (1) (including as applied mutatis mutandis pursuant to Article 6).
Article 8When it is found to be adequate in the case referred to in Article 5, paragraph (2) (including as applied mutatis mutandis pursuant to Article 6), the municipal board of education may change its designated elementary school, junior high school, or compulsory education school, upon request from the custodians. In this case, it must promptly notify that fact to the custodians and school principal of elementary school, junior high school, or compulsory education school who was given the notice referred to in the preceding Article, and the school principal of the newly designated elementary school, junior high school, or compulsory education school must be given the notice referred to in that Article.
(Outside Area School Enrollment)
Article 9(1)When intending to enroll pupils and students etc. in elementary school, junior high school (except attached junior high schools), compulsory education school, or secondary education school other than elementary schools, junior high schools, or compulsory education schools established by municipalities in which they possess an address, the custodians must notify the municipal board of education in the address of the pupils and students etc. of that fact, accompanied by a written application proving the consent of the relevant municipalities or prefectural board of education for elementary schools, junior high schools, compulsory education schools, or secondary education schools established by municipalities or prefectures, and for others, proving the consent of those holding authority to consent to enrollment in the relevant elementary schools, junior high schools, compulsory education schools, or secondary education schools.
(2)When intending to give consent referred to in the preceding paragraph (limited to what relates to enrollment in elementary school, junior high school (except attached junior high schools), or compulsory education school established by the relevant municipalities), the municipal board of education is to consult in advance with the municipal board of education in the address of the pupils and students etc.
Article 10When school-aged children or school-aged students enrolled in elementary school, junior high school (except attached junior high schools), or compulsory education school other than elementary schools, junior high schools, or compulsory education schools established by municipalities in which they possess an address, leave school prior to completing elementary school, junior high school, or all courses of compulsory education school or the lower courses of secondary education school, the school principal of the relevant elementary schools, junior high schools, or compulsory education schools or secondary education schools must notify the municipal board of education in the address of the relevant school-aged children or school-aged students promptly, of that fact.
Section 3 Special Needs Education School
(Notice of Enrollment in Special Needs Education School)
Article 11(1)The municipal board of education must notify the prefectural board of education of the names of certified special needs education school attendees out of persons provided for in Article 2, and the necessity to enroll them in special needs education school, at least 3 months before the beginning of the following school year.
(2)When giving notice referred to in the preceding paragraph, the municipal board of education must send transcripts (for a municipal board of education preparing the register of school-aged children with a magnetic disk pursuant to the provisions of Article 1, paragraph (3), documents stating matters in which the register of school-aged children of those persons is recorded) of the persons relating to the notice referred to in the same paragraph to the prefectural board of education.
(3)The provisions in the preceding 2 paragraphs does not apply to persons, of whom notifications referred to in Article 9, paragraph (1) or Article 17 have been given.
Article 11-2The provisions of the preceding Article are to apply mutatis mutandis to persons certified as certified special needs education school attendees, as persons with visual impairment, etc., who must be enrolled in junior high school courses of special needs education schools from the beginning of the following year, among school-aged children enrolled in elementary school or the lower courses of compulsory education school.
Article 11-3(1)The provisions of Article 11 applies mutatis mutandis to certified special needs education school attendees, among pupils and students etc. newly listed in the register of school-aged children created by the municipal board of education, due to changes in address from the day after the day prescribed by Order of the Ministry of Education, Culture, Sports, Science and Technology pursuant to the provisions of Article 2. In this case, the term "at least 3 months before the beginning of the following school year" in Article 11, paragraph (1) is deemed to be replaced with "at least 3 months before the beginning of the following school year (if newly stated in the relevant register of school-aged children on or after the day corresponding to the day 3 months before the first day of the following school year; promptly)".
(2)The provisions of Article 11 applies mutatis mutandis to certified special needs education school attendees, among school-aged children or students, of whom notices referred to in Article 10 or Article 18 have been given. In this case, the term "at least 3 months before the beginning of the following school year" in Article 11, paragraph (1) is deemed to be replaced with "promptly".
Article 12(1)When there are school-aged children or school-aged students enrolled in elementary school, junior high school, compulsory education school or secondary education school who have become persons with visual impairment, etc., the school principal of the elementary school, junior high school, compulsory education school, or secondary education school in which the relevant school-aged children or students are enrolled, must promptly notify that fact to the municipal board of education in the address of the relevant school-aged children or school-aged students.
(2)The provisions of Article 11 applies mutatis mutandis to persons certified as certified special needs education school attendees, among school-aged children or school-aged students, of whom notices referred to in the preceding paragraph have been given. In this case, the term "at least 3 months before the beginning of the following school year" in paragraph (1) of the same Article is to be replaced with "promptly".
(3)The municipal board of education which has received the notice under the provisions of paragraph (1) must notify that fact to the school principal referred to in that paragraph, when the school-aged children or school-aged students, of whom the notice referred to in that paragraph has been given, are found appropriate to continue to be enrolled in the elementary school, junior high school, compulsory education school, or secondary education school they are currently enrolled in.
Article 12-2(1)When there are persons among school-aged children and school-aged students who are persons with visual impairment, etc., enrolled in elementary school, junior high school, compulsory education school, or secondary education school, who are considered to no longer be appropriate to be enrolled in those elementary schools, junior high schools, compulsory education schools or secondary education schools due to changes in matters including the state of their disabilities, the contents of educational support they need, and the state of improvement of the educational system in regions, the school principal of the elementary school, junior high school, compulsory education school, or secondary education school in which the relevant school-aged children or school-aged students are enrolled, must promptly notify that fact to the municipal board of education in the address of the relevant school-aged children or school-aged students.
(2)The provisions of Article 11 applies mutatis mutandis to persons certified as the certified special needs education school attendees, among school-aged children or school-aged students, of whom notices referred to in the preceding paragraph have been given. In this case, the term "at least 3 months before the beginning of the following school year" in paragraph (1) of that Article is deemed to be replaced with "promptly".
(3)The municipal board of education which has received the notice under the provisions of paragraph (1), must notify that fact to the school principal referred to in that paragraph, when the school-aged children or school-aged students, of whom the notice referred to in that paragraph has been given, are found appropriate to continue to be enrolled in the elementary school, junior high school, compulsory education school, or secondary education school they are currently enrolled in.
(Notice of Insertions, Deletions, and Corrections to the Register of School-Aged Children)
Article 13When insertions, deletions, and corrections are made under the provisions of Article 3 regarding pupils and students etc. stated in the notice referred to in Article 11, paragraph (1) (including as applied mutatis mutandis pursuant to Articles 11-2, 11-3, Article 12, paragraph (2), and paragraph (2) of the preceding Article), the municipal board of education must promptly notify that fact to the prefectural board of education.
(Notice of Notification for Outside Area School Enrollment)
Article 13-2When there are notifications referred to in Article 9, paragraph (1) or Article 17, after the notice regarding pupils and students etc. stated in the notice referred to in Article 11, paragraph (1) (including as applied mutatis mutandis pursuant to Articles 11-2, 11-3, Article 12, paragraph (2), and paragraph (2) of the preceding Article), the municipal board of education must promptly notify that fact to the prefectural board of education.
(Notice of Date of Enrollment, Designation of School in Special Needs Education School)
Article 14(1)For pupils and students etc., of whom the notice referred to in Article 11, paragraph (1) (including as applied mutatis mutandis pursuant to Articles 11-2, 11-3, Article 12, paragraph (2), and paragraph (2) of the preceding Article) have been given, and pupils and students etc. who have been required to change special needs education schools they must be enrolled in, due to new establishment and abolition, etc. of special needs education schools, the prefectural board of education must notify their custodians of the date of enrollment for special needs education schools, at least 2 months before the beginning of the following school year for pupils and students etc., of whom the notice referred to in Article 11, paragraph (1) (including as applied mutatis mutandis pursuant to Article 11-2) has been given, and promptly for other pupils and students etc.
(2)When there are two or more special needs education schools established by the relevant prefecture, the prefectural board of education must designate special needs education schools that the relevant pupils and students etc. must be enrolled, as in the notice referred to in the preceding paragraph.
(3)The provisions in the preceding two paragraphs does not apply to pupils and students etc., of whom notices referred to in the preceding Article have been given.
Article 15(1)The prefectural board of education must notify the municipal board of education in the address of the relevant pupils and students etc., and school principal of the special needs education schools that the relevant pupils and students etc. are to enroll in, of the name and date of enrollment of the relevant pupils and students etc., at the same time as the notice referred to in paragraph (1) of the preceding Article.
(2)When designating special needs education schools in which the relevant pupils and students etc. are to enroll pursuant to paragraph (2) of the preceding Article, the prefectural board of education must notify the municipal board of education referred to in the preceding paragraph of matters provided in the preceding paragraph, as well as the special needs education school that was designated.
Article 16When it is found to be adequate in the case referred to in Article 14, paragraph (2), the prefectural board of education may change its designated special needs education school, upon request of custodians. In this case, it must promptly notify that fact to the custodians, school principal of the special needs education school who was given the notice referred to in the preceding Article, and municipal board of education that was given the notice referred to in the preceding Article, and the school principal of the newly designated special needs education school must be given the notice referred to in paragraph (1) of the same Article.
(Outside Area School Enrollment)
Article 17When intending to enroll persons with visual impairment, etc. out of pupils and students etc., in special needs education schools other than special needs education schools established by prefectures in which they possess an address, the custodians must notify the municipal board of education in the address of the pupils and students etc., of that fact, accompanied by a written application of consent of the relevant prefectural board of education for special needs education schools established by other prefectures, and for others, consent of those holding authority to consent to enrollment in the relevant special needs education schools.
Article 18When persons with visual impairment, etc. out of school-aged children or school-aged students enrolled in special needs education schools other than special needs education schools established by prefectures which they possess an address, leaves school before completing all courses in the elementary school courses or junior high school courses of special needs education schools, the school principal of the relevant special needs education schools must promptly notify that fact to the municipal board of education in the address of the relevant school-aged children or school-aged students.
Section 3-2 Hearing of Opinions of Custodians and Persons Possessing Expert Knowledge of Schooling for Persons with Visual Impairment
Article 18-2When intending to give a notice regarding persons with visual impairment, etc., among pupils and students etc. referred to in Article 5 (including as applied mutatis mutandis pursuant to Article 6 (except item (ii)), or Article 11, paragraph (1) (including as applied mutatis mutandis pursuant to Articles 11-2, 11-3, Article 12, paragraph (2), and Article 12-2, paragraph (2)), the municipal board of education is to hear the opinions of custodians and persons possessing expert knowledge regarding enrollment in school of pupils and students with disabilities, including in education, medicine, and psychology.
Section 4 Demands
(Obligations of School Principals)
Article 19School principals of elementary schools, junior high schools, compulsory education schools, secondary education schools, and special needs education schools, must always clarify the state of attendance of school-aged children or school-aged students enrolled in those schools.
Article 20When school-aged children or school-aged students enrolled in the relevant school do not attend continuously for 7 days except for holidays, or if the state of attendance is otherwise poor, and it is found that the custodians have no legitimate grounds for not attending, the school principal of elementary schools, junior high schools, compulsory education schools, secondary education schools, and special needs education schools, must promptly notify that fact to the municipal board of education in the address of the relevant school-aged children or school-aged students.
(Demand for Attendance by the Board of Education)
Article 21When the municipal board of education has received the notice referred to in the preceding Article, or has found that the custodians of school-aged children or school-aged students with an address in the relevant municipalities are otherwise neglecting their obligations provided in Article 17, paragraph (1) or (2) of the Act, the municipal board of education must demand the custodians of the attendance of the relevant school-aged children or students.
Section 5 Completion of Obligation to Enroll in School
(Notice of Persons who have Completed All Courses)
Article 22After completion of every school year, the school principal of elementary schools, junior high schools, compulsory education schools, secondary education schools, and special needs education schools, must promptly notify the municipal board of education in the address of the relevant persons, of the name of persons who have completed all courses in elementary school, junior high school, or the lower courses or upper courses of compulsory education school, or the lower courses of secondary education school, or the elementary school courses or junior high school courses of special needs education school.
Section 6 Exclusion from Application of the Administrative Procedure Act
(Disposition to Not Apply the Provisions in Chapter III of the Administrative Procedure Act)
Article 22-2The disposition prescribed by Cabinet Order referred to in Article 138 of the Act, is to be a disposition under the provisions of Article 5, paragraphs (1) and (2) (including as applied mutatis mutandis pursuant to Article 6), and Article 14, paragraphs (1) and (2).
Chapter II Extent of Disabilities of Persons with Visual Impairment
Article 22-3The extent of disability of persons with visual impairment, persons with hearing impairment, persons with intellectual disability, persons with physical disabilities, or persons with health impairment prescribed by Cabinet Order referred to in Article 75 of the Act, is to be as stated in the following table.
Classification
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Extent of disabilities
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Persons with visual impairment
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Persons with disabilities to an extent of it being extremely difficult or impossible to visually recognize regular characters, shapes, etc. even with the use of a magnifying lens, etc., in which both eyes eyesight are of less than approximately 0.3, or high visual performance disability other than eyesight;
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Persons with hearing impairment
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Persons with disabilities to an extent of it being extremely difficult or impossible to understand regular speech even with the use of a hearing aid, etc., within the hearing level of both ears being approximately 60 decibels or above;
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Persons with intellectual disabilities
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(i) persons with disabilities to an extent of mental retardation, with difficulty communicating with others, and requiring frequent support in order to have a normal life;
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(ii) persons with disabilities in which the mental retardation does not reach the extent stated in the previous item, with extreme difficulty adapting to society;
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Persons with physical disabilities
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(i) persons in a state of physical disabilities; to an extent of basic movements in daily life such as walking, writing etc., being impossible or difficult even with the use of adaptive equipment;
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(ii) persons in a state of physical disabilities which do not reach the extent stated in the previous item, and requiring constant medical observation guidance;
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Persons of health impairment
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(i) persons with disabilities to an extent of being in a continuous state of having disorders including chronic respiratory illness, kidney disorder and neurological disorder, and malignant neoplasm, requiring healthcare or a regulated lifestyle;
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(ii) persons with disabilities to an extent of being in a continuous state of physical weakness, requiring a regulated lifestyle;
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Remarks
(i)eyesight is to be measured in accordance with international visual acuity measurement standards, and the eyesight of those with some abnormality in refraction is to be measured in relation to corrected vision;
(ii)hearing acuity is to be measured with an audiometer of Japanese Industrial Standards.
Chapter III Approval, Notification
Section 1 Approval and Notification
(Matters Prescribed by Cabinet Order Referred to in Article 4, Paragraph (1) of the Act)
Article 23(1)Matters (except those relating to kindergarten prescribed in Article 4-2 of the Act) prescribed by Cabinet Order referred to in Article 4, paragraph (1) of the Act (including as applied mutatis mutandis pursuant to Article 134, paragraph (2) of the Act), is to be as follows:
(i)changes in location of special needs education schools established by municipalities (including public university corporations (meaning public university corporations provided for in Article 68, paragraph (1) of the Local Independent Administrative Agency Act (Act No. 118 of 2003); the same applies below) established independently by municipalities or in cooperation with other municipalities; the same applies below in this paragraph and Article 24-3);
(ii)establishment and abolition of high school, etc. (meaning high school and the upper courses of secondary education school; the same applies below) departments, or departments, graduate courses, or special courses of high school course of special needs education schools, established by municipalities;
(iii)establishment and abolition of kindergarten courses, elementary school courses, junior high school course, or high school courses of special needs education schools;
(iv)organization and changes in classes of high school courses of special needs education schools, established by municipalities;
(v)establishment and abolition of correspondence education in high school courses of special needs education schools, and establishment of correspondence education in university faculties or academic units of graduate school, or university departments referred to in Article 108, paragraph (2) of the Act;
(vi)establishment of departments of private university faculties;
(vii)establishment and changing of courses in professional and vocational universities (limited to those classified into lower courses and upper courses pursuant to the provisions of Article 87-2, paragraph (1) of the Act. The same applies in paragraph (1), item (i), (b) of the following Article);
(viii)establishment of majors in academic units of graduate school, and courses relating to the relevant majors (meaning the courses prescribed in Article 104, paragraph (3) of the Act. The same applies in paragraph (1), item (i), (c) of the following article.);
(ix)establishment of college of technology departments;
(x)establishment and abolition of branch campus of high schools, secondary education schools, or special needs education schools, established by municipalities;
(xi)changes in the code of the school in relation to extensive correspondence courses in high school, etc. (meaning extensive correspondence courses in Article 54, paragraph (3) of the Act (including as applied mutatis mutandis pursuant to Article 70, paragraph (1) of the Act; the same applies to Articles 24 and 24-2); the same applies below) (excluding minor changes prescribed by Order of the Ministry of Education, Culture, Sports, Science and Technology);
(xii)changes in the code of the school relating to the admission capacity of private schools (except extensive correspondence courses in high school, etc. and universities) or private miscellaneous schools;
(xiii)changes in the code of the school relating to the admission capacity of private university faculties or academic units of graduate school, or university departments referred to in Article 108, paragraph (2) of the Act.
(2)Matters prescribed by Cabinet Order referred to in Article 4, paragraph (1) of the Act, in relation to kindergarten provided for in Article 4-2 of the Act, are to be the establishment and abolition of branch campuses.
(Matters Prescribed by Cabinet Order Referred to in Article 4, Paragraph (2), Item (iii) of the Act)
Article 23-2(1)Matters prescribed by Cabinet Order in Article 4, paragraph (2) item (iii) of the Act are to be as follows:
(i)establishment or changes relating to universities stated in the following, which does not involve changes in the type and field of degree granted by the relevant universities:
(a)establishment of departments of private university faculties;
(b)changes in courses of professional and vocational universities (except ones which involve changes in classification of course terms of lower courses and upper courses (except abolition of the relevant classification));
(c)establishment of majors in academic units of graduate schools, or changes in courses relating to the relevant majors.
(ii)establishment of colleges of technology departments, and free of changes in field of departments established by the relevant colleges of technology;
(iii)establishment of correspondence education in university faculties or an academic unit of graduate school, or university departments referred to in Article 108, paragraph (2) of the Act, and does not involve changes in type and field of degree granted by the relevant universities;
(iv)change in the code of the school relating to the admission capacity of private universities faculties or university departments referred to in Article 108, paragraph (2) of the Act (except correspondence education and those relating to fields prescribed by the Minister of Education, Culture, Sports, Science and Technology), and does not involve an increase in the total relevant admission capacity;
(v)change in the code of the school relating to the admission capacity of correspondence education in private university faculties or university departments referred to in Article 108, paragraph (2) of the Act, and does not involve an increase in the total relevant admission capacity;
(vi)change in the code of the private university related to the admission capacity of an academic unit of graduate school (except correspondence education and those relating to fields prescribed by the Minister of Education, Culture, Sports, Science and Technology);
(vii)change in the code of the private university related to the capacity of correspondence education in an academic unit of graduate school;
(viii)change in the code of the school relating to the admission capacity of private colleges of technology, and does not involve an increase in the total relevant admission capacity.
(2)The standards for changes concerning types of degrees and fields in paragraph (1) of the preceding paragraph, changes in departments in item (iii) of that paragraph, and changes in types of degrees or fields relating to correspondence education in item (iii) of the same paragraph, is to be specified by the Minister of Education, Culture, Sports, Science and Technology.
(3)The Minister of Education, Culture, Sports, Science and Technology must hold consultations with the Central Council for Education, when specifying the standards prescribed in the preceding paragraph.
(Correspondence Courses Prescribed by Cabinet Order Referred to in Article 54, Paragraph (3) of the Act)
Article 24Correspondence courses for high school, etc., prescribed by Cabinet Order as referred to in Article 54, paragraph (3) of the Act (meaning correspondence courses specifed in Article 4, paragraph (1) of the Act; the same applies below) are to consider persons with addresses in the jurisdictional district of the prefecture where the relevant high school, etc. is located, and persons with addresses in jurisdictional district within two or more other prefectures, as its students.
(Matters Prescribed by Cabinet Order Referred to in Article 54, Paragraph (3) of the Act)
Article 24-2Matters prescribed by Cabinet Order referred to in Article 54, paragraph (3) of the Act are to be as follows:
(i)establishment and abolition of schools;
(ii)establishment and abolition of correspondence courses;
(iii)change in management;
(iv)changes relating to what is prescribed by Order of the Ministry of Education, Culture, Sports, Science and Technology, of matters stated in the code of the school.
(Cases prescribed by Cabinet Order referred to in Article 131 of the Act)
Article 24-3Cases prescribed by Cabinet Order referred to in Article 131 of the Act, are to be the cases stated in item (i) for specialized training colleges established by municipalities, and cases stated in items (i) and (ii) for private specialized training colleges:
(i)when intending to establish or abolish a branch campus;
(ii)when intending to acquire or dispose of rights to land and buildings for campus, school buildings, or other educational uses, or make important changes to the current state of land and buildings by changing the use of them, or through reconstruction, etc.
(Notification of Establishment and Abolition of Municipal Elementary and Junior High Schools)
Article 25(1)When there are grounds stated in the following regarding elementary schools, junior high schools, or compulsory education schools (in the case of item (v), this includes elementary school courses and junior high school courses of special needs education schools) established by the relevant municipalities or public university corporations, the municipal board of education or president of public university corporations established independently by municipalities or in cooperation with other municipalities, must notify the prefectural board of education accordingly:
(i) when intending to establish or abolish;
(ii)when intending to newly become or cease to be a management;
(iii)when intending to change name or location;
(iv)when intending to establish or abolish a branch campus;
(v)when intending to provide double sessions.
(Notification of Changes in Name of Municipal Kindergartens)
Article 26(1)In the following cases, the municipal board of education, or the president of public university corporations established independently by municipalities or in cooperation with other municipalities, must notify the prefectural board of education about kindergartens, high schools, secondary education schools and special needs education schools (in the case of item (ii), this excludes special needs education schools) established by the relevant municipalities or public university corporations, the municipal or prefectural board of education must notify the Minister of Education, Culture, Sports, Science and Technology about the colleges of technology established by the relevant municipalities or prefectures, the mayor of municipality or prefectural governor must notify the Minister of Education, Culture, Sports, Science and Technology about universities established by the relevant municipalities or prefectures, and presidents of public university corporations must notify those facts to the Minister of Education, Culture, Sports, Science and Technology about universities and colleges of technology established by the relevant public university corporations, respectively:
(i)when intending to change name;
(ii)when intending to change location;
(iii)when changing the code of the school (except changing the code of the school prescribed in Article 23, paragraph (1), item (xi)).
(2)When intending to establish or abolish graduate courses or special courses in high school, etc., established by the relevant municipalities or public university corporations, the municipal board of education or president of public university corporations established independently by municipalities or in cooperation with other municipalities, must notify that fact to the prefectural board of education.
(3)When a notification referred to in paragraph (1), item (i) or a notification referred to in item (ii) of that paragraph (limited to those in relation to the relevant courses) is received regarding high schools, etc., with extensive correspondence courses of those established by municipalities or public university corporations established independently by municipalities, or in cooperation with other municipalities, the prefectural board of education must report accordingly to the Minister of Education, Culture, Sports, Science and Technology. The same applies to when the prefectural board of education or president of public university corporations established independently by prefectures or in cooperation with other local governments, changes the name or location in relation to the relevant courses regarding high schools, etc. with extensive correspondence courses established by the relevant prefectures or public university corporations.
(Notification of Changes in Purpose of Municipal Miscellaneous Schools)
Article 26-2In the following stated cases, the municipal board of education must notify the prefectural board of education accordingly about miscellaneous schools established by the relevant municipalities:
(i)when intending to change the purpose, name, or location;
(ii)when intending to establish or abolish a branch campus;
(iii)when changing the code of the school.
(Notification of Changes in Regulations of Correspondence Education)
Article 27When intending to change regulations of correspondence education in high school courses of special needs education schools established by municipalities, or public university corporations established by municipalities independently or in cooperation with other municipalities, or university faculties or academic units of graduate school, or university departments referred to in Article 108, paragraph (2) of the Act, established by municipalities, prefectures, or public university corporations, the municipal board of education or the president of public university corporations established by municipalities independently or in cooperation with other municipalities must notify the prefectural board of education about the high school courses in special needs education schools established by the relevant municipalities or public university corporations, and the mayor of municipality, prefectural governor, or president of public university corporations must notify those facts to the Minister of Education, Culture, Sports, Science and Technology about university faculties or academic units of graduate school, or university departments referred to in that paragraph established by the relevant municipalities, prefectures, or public university corporations, respectively.
(Notification of Changes in Purpose of Private Schools)
Article 27-2(1)When there are grounds stated in the following about schools being established (except universities and colleges of technology), the management of private schools must notify that fact to the prefectural governor:
(i)when intending to change the purpose, name or location, or changing the code of the school (except changing the code of the school prescribed in Article 23, Paragraph (1), items (xi) and (xii));
(ii)when intending to establish or abolish graduate courses or special courses in high school, etc., or high school course departments, graduate courses, or special courses in special needs education schools;
(iii)when intending to establish or abolish a branch campus;
(iv)when intending to change regulations of correspondence education in high school courses of special needs education schools;
(v)when intending to change the methods of expense estimation and maintenance;
(vi)when intending to acquire or dispose of rights to land and buildings for campus, school buildings, or other educational or childcare related uses, or make important changes to the current state of land and buildings by changing use of them, or through reconstruction, etc.
(2)When a notification of changes in name or location (limited to matters in relation to the relevant courses) referred to in item (i) of the preceding paragraph is received regarding private high schools, etc., with extensive correspondence courses, the prefectural governor must report that fact to the Minister of Education, Culture, Sports, Science and Technology.
(Notification of Changes in Purpose of Private Miscellaneous Schools)
Article 27-3When there are grounds stated in the following about miscellaneous category schools being established, the management of private miscellaneous schools must notify that fact to the prefectural governor:
(i)when intending to change the purpose, name, location, or code of the school (except what relates to capacity);
(ii)when intending to establish or abolish a branch campus;
(iii)when intending to acquire or dispose of rights to land and buildings for campus, school buildings, or other educational uses, or make important changes to the current state of land and buildings by changing use of them, or through reconstruction etc.
(Delegation to Order of the Ministry of Education, Culture, Sports, Science and Technology)
Article 28Detailed regulations, including procedures for application for approval, notification, and reporting, which must be done based on the provisions of the Act and this Section, are to be prescribed by Order of the Ministry of Education, Culture, Sports, Science and Technology.
Section 2 School Terms, Holidays and Preservation of Documents After Abolition of School
(School Terms and Holidays)
Article 29(1)School terms, and holidays in the summer season, winter season, end of school year, and busy farming season, etc., or holidays for experimental study activities, and other study activities at home and in its region (referred to as "holidays for experimental study activities, etc." in the following paragraph) of public schools (except universities; the same applies below in this Article), are to be prescribed by the relevant municipal or prefectural board of education, for schools established by municipalities or prefectures, and by the president of the relevant public university corporations, for schools established by public university corporations.
(2)For prescribing holidays for experimental study activities, etc., the municipal or prefectural boards of education are to endeavor to take necessary measures, including appropriately distributing and prescribing the periods of holidays, in order to ensure the enhancement and smooth implementation of experimental study activities and other study activities of young children, pupils, or students in the region and the home, in the holidays for experimental study activities, etc.
Article 30Deleted
(Preservation of Documents After Abolition of Schools)
Article 31When public or private schools are abolished (except private universities and colleges of technology); for schools established by municipalities or prefectures (except universities), the head of municipalities or prefectures which established the relevant schools; for universities established by municipalities or prefectures, the head of municipalities or prefectures which established the relevant universities; for schools established by public university corporations, the head of the establishing entities (meaning the establishing entities provided for in Article 6, paragraph (3) of the Local Incorporated Administrative Agency Act) of the public university corporations which established the relevant schools; for private schools, the governor of the prefectures in which the relevant schools were located; must preserve documents recording the state of study and health of persons who are enrolled in the relevant schools or have graduated from them, respectively, as provided by Order of the Ministry of Education, Culture, Sports, Science and Technology.
Chapter IV Designation of Skill Education Facilities
(Application for Designation)
Article 32Managements of facilities for skill education intending to receive a designation under the provisions of Article 55 of the Act (referred to below as "designation", except in Article 33-2 and Article 34, paragraphs (2) and (3)), must apply for that designation to the prefectural board of education in the location of the relevant facilities.
(Standards for Designation)
Article 33The standards for designation are to be as follows:
(i)the management possessing an understanding of education in high school, and being persons that are found to be appropriate as management by observing this Cabinet Order and Order of the Ministry of Education, Culture, Sports, Science and Technology based on this Cabinet Order, etc.;
(ii)the course term being 1 year or more, and the number of annual guidance hours being 680 hours or more;
(iii)half or more of persons in charge of skill education (except persons in charge of practical training) possessing a license relating to skill education for high school teachers, or being persons deemed to possess equivalent or greater scholastic ability to them, and, half or more of persons in charge of practical training possessing a license relating to practical training for high school teachers, or being persons deemed to possess equivalent or greater scholastic ability to them, or being persons possessing 6 or more years of practical experience relating to practical training they are in charge of, and being persons deemed to possess technical excellence;
(iv)what is equivalent to high school subjects specified by the Minister of Education, Culture, Sports, Science and Technology, as being included in skill education;
(v)the number of persons in charge of skill education and persons receiving skill education, and facilities and equipment, and methods of management respectively satisfying standards prescribed by Order of the Ministry of Education, Culture, Sports, Science and Technology.
(Designation of Coordinated Subjects)
Article 33-2When designating under the provisions of Article 55 of the Act, the prefectural board of education must additionally designate coordinated subjects, etc. (meaning what is subject to measures provided in that Article, of subjects in facilities for skill education in relation to the relevant designation, and part of subjects in high school (this is to be according to classification prescribed by Order of the Ministry of Education, Culture, Sports, Science and Technology) for which the studies of relevant subjects may be deemed as taking a course; the same applies below).
(Public Notice of Designation)
Article 33-3When making the designation, the prefectural board of education must publicly notify the name, location, and coordinated subjects, etc. of facilities for skill education which received the relevant designation (referred to below as "designated skill education facilities").
(Notification of Changes in Contents)
Article 34(1)When intending to change matters prescribed by Order of the Ministry of Education, Culture, Sports, Science and Technology, including the name, location, and type of skill education of the relevant designated skill education facilities, the management of the designated skill education facilities must notify this in advance to the prefectural board of education which designated the relevant designated skill education facilities (referred to below as "facility designation board of education").
(2)When intending to add, change, or abolish coordinated subjects, etc., the management of the designated skill education facilities must apply to the facility designation board of education, for its designation, change of designation, or cancellation of designation, respectively.
(3)When there is a notification under the provisions of paragraph (1) (limited to what relates to changes in name or location), when there is a designation under the the provisions of the preceding paragraph, or when there is a change of designation or cancellation of designation, the facility designation board of education must publicize that fact.
(Notification of Abolition)
Article 35(1)When intending to abolish the relevant designated skill education facilities, management of the designated skill education facilities must notify the facility designation board of education, at least three months before the day of abolition, of that fact and the day of abolition.
(2)When there is a notification under the provisions of the preceding paragraph, the facility designation board of education must publicize this fact.
(Cancellation of Designation)
Article 36(1)When the designated skill education facilities relating to that designation no longer satisfy the standards stated in each item of Article 33, the facility designation board of education may cancel that designation.
(2)When a designation is cancelled under the preceding paragraph, the facility designation board of education must publicize this accordingly.
(Investigation)
Article 37The facility designation board of education may investigate whether or not the designated skill education facilities relating to those designations satisfies the standards stated in each item of Article 33, and request the management of the relevant designated skill education facilities to submit reports or materials relating to skill education in the relevant designated skill education facilities.
(Delegation to Order of the Ministry of Education, Culture, Sports, Science and Technology)
Article 38Beyond what is provided for in Article 32 through to the preceding Article, Order of the Ministry of Education, Culture, Sports, Science and Technology prescribes the procedure for application for designation and other necessary matters for designation.
(Skill Education Facilities Relating to Part-Time Courses or Correspondence Courses in the Upper Courses of Secondary Education School)
Article 39The provisions of Article 32 through to the preceding Article applies mutatis mutandis to facilities for skill education relating to part-time courses in the upper courses of secondary education school (meaning part-time courses stated in Article 4, paragraph (1) of the Act.) or correspondence courses. In this case, the term "high school" in Article 33, items (i) and (iv), and Article 33-2, is deemed to be replaced with the term "upper courses of secondary education school".
Chapter V Certified Evaluation
(Certified Evaluation Period)
Article 40The period prescribed by Cabinet Order in Article 109, paragraph (2) of the Act (including as applied mutatis mutandis pursuant to Article 123 of the Act) is to be within 7 years, and the period prescribed by Cabinet Order in Article 109, paragraph (3) is to be within 5 years.
Chapter VI Councils
(Councils Referred to in Article 34, Paragraph (5) of the Act)
Article 41Councils, etc. prescribed in Article 34, paragraph (5) of the Act (including as applied mutatis mutandis pursuant to Articles 49, 49-8, 62, Article 70, paragraph (1), and Article 82 of the Act.) is to be the Textbook Authorization Research Council.
(Councils Prescribed by Cabinet Order referred to in Article 94 of the Act)
Article 42Councils, etc. prescribed by Cabinet Order referred to in Article 94 of the Act (including as applied mutatis mutandis pursuant to Article 123 of the Act) is to be the Central Council for Education.
(Councils etc. prescribed by Cabinet Order referred to in Article 95 of the Act)
Article 43Councils, etc. prescribed by Cabinet Order referred to in Article 95 of the Act (including as applied mutatis mutandis pursuant to Article 123 of the Act) is to be the Council for University Chartering and School Juridical Person.
Supplementary Provisions
This Cabinet Order comes into effect on the date of promulgation.