School Education Act

The term "school" as used in this Act means kindergarten, elementary school, junior high school, compulsory education school, high school, secondary education school, special needs education school, university, and college of technology (KOSEN).

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. 112 of 2003), and Institute of National Colleges of Technology, Incorporated Administrative Agency; the same applies below), local government (including public university corporations provided for in Article 68, paragraph (1) of the Local Incorporated Administrative Agency Act (Act No. 118 of 2003) (referred to below 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) (referred to below as "incorporated educational institutions")

In this Act, national school means schools established by the national government, public school means schools established by the local government, and private school means schools established by the incorporated educational institution.

A person that intends to establish a school must establish it according to the type of school, and in compliance with the standards of establishment relating to equipment, organization, and others specified by the Minister of Education, Culture, Sports, Science and Technology.

The establishment and abolition of schools, changes of founder, or other matters prescribed by Cabinet Order (referred to as "establishment and abolition, etc." in the following Article) stated in the following items, must be approved respectively by a person specified in those items. Among these schools, the same will apply to the ordinary courses (referred to below as "full-time courses") for high schools (including upper courses of secondary education schools), courses provided at night, or at other special times or periods (referred to below as "part-time courses"), and courses providing education through correspondence (referred to below as "correspondence courses"), university faculties, graduate schools and academic units of graduate school , and university departments in Article 108, paragraph (2).

public or private university and college of technology:Minister of Education, Culture, Sports, Science and Technology;

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;

private kindergarten, elementary school, junior high school, compulsory education school, high school, secondary education school, and special needs education school:prefectural governor.

Notwithstanding the provisions of the preceding paragraph, a person establishing a school stated in item (i) of that paragraph is not required to obtain approval in that paragraph when conducting the following matters. In such a case, a person establishing the relevant school must notify the Minister of Education, Culture, Sports, Science and Technology of this in advance, as provided by the Minister of Education, Culture, Sports, Science and Technology:

establishing a university faculty or an academic unit of graduate school or a university department under Article 108, paragraph (2), that does not involve a change of type or field of the degree granted by the relevant university;

abolishing a university faculty or academic unit of graduate school or a university department in Article 108, paragraph (2);

matters prescribed by Cabinet Order, beyond what is stated in the preceding two items.

For cases in which 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, the Minister may order the person giving the notification to take necessary measures.

The provisions provided for in paragraph (1) does not apply to high schools, secondary education schools, and special needs education schools established by designated cities provided for in Article 252-19, paragraph (1) of Local Autonomy Act (Act No. 67 of 1947) (referred to below as "designated cities") (this includes public university corporations established independently by designated cities or in cooperation with other municipalities). In such cases, 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 provisions of that paragraph.

The standard for types of degrees and changes in field under paragraph (2), item (i), is to be specified by the Minister of Education, Culture, Sports, Science and Technology.

When a municipality attempts an establishment or abolition, etc. of a municipal kindergarten, it must notify the prefectural board of education in advance.

The founder of a school is to manage the school that it establishes, and bear costs for that school except as otherwise specially provided for by laws and regulations.

Schools 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.

School must have a school principal and a considerable number of teachers.

Matters relating to qualifications of school principals and teachers (except for those to whom the Education Personnel Certification Act (Act No. 147 of 1949) applies) are to be prescribed by the Minister of Education, Culture, Sports, Science and Technology, beyond what is specified separately by law.

Any persons falling under any of the following items may not become school principals or teachers:

a person who has been sentenced to imprisonment or heavier punishment;

a person whose certificates have ceased to be effective due to falling under Article 10, paragraph (1), item (ii) or (iii) of the Education Personnel Certification Act, and for whom 3 years have not passed since that day of expiration;

a person who has lost their certificates due to receiving disposition pursuant to the provisions of Article 11, paragraphs (1) through (3) of the Education Personnel Certification Act, and for whom 3 years have not passed;

a person who, on or after the date of the enforcement of the Constitution of Japan, formed or belonged to a political party or other organization which advocates the overthrow by force of the Constitution of Japan, or the government established under it.

Private schools must specify a school principal, and universities and colleges of technology must notify the Minister of Education, Culture, Sports, Science and Technology, and schools other than a university or college of technology must notify the prefectural governor.

School principals and teachers may take disciplinary action against pupils and students, when it is found educationally necessary and as provided by the Minister of Education, Culture, Sports, Science and Technology; provided, however, that no corporal punishment may be inflicted.

The school, as provided for separately by law, must conduct health checkups and other necessary measures for health, in order to maintain and promote the health of young children, pupils,students, and staff members

For cases in which schools stated in each item of Article 4, paragraph (1) comes to fall under any of the following items, the respective persons specified in each item of that paragraph may order the closure of the relevant school:

when the provisions of laws and regulations are intentionally violated;

when an order that was given by the person pursuant to the provisions of laws and regulations are violated;

when classes are not conducted for 6 months of more.

The provision of the preceding paragraph applies mutatis mutandis to kindergartens established by a municipality. In this case, the terms "the respective persons specified in each item of that paragraph" in that paragraph, and "the person" in item (ii) of that paragraph, are deemed to be replaced with "the prefectural board of education".

The prefectural board of education for schools established by municipalities except universities and colleges of technology, and the prefectural governor for private schools except universities and colleges of technology, may order changes when the relevant schools violate the provisions of laws and regulations, or regulations defined by the prefectural board of education or the prefectural governor, regarding equipment, class, or other matters.

When the Minister of Education, Culture, Sports, Science and Technology finds that public or private universities or colleges of technology to be in violation of the provisions of laws and regulations relating to equipment, class, or other matters, it may recommend the relevant schools to take necessary measures.

If the matters stated in the relevant recommendation (referred to as "recommended matters" in the following paragraph) remains unimproved after the recommendation made under the provisions of the preceding paragraph, the Minister of Education, Culture, Sports, Science and Technology may order changes to be made towards the relevant school.

If the recommended matters remains unimproved after the order made under the provisions of the preceding paragraph, the Minister of Education, Culture, Sports, Science and Technology may order the relevant school to abolish the organizations relating to the relevant recommended matters.

When found necessary in order to give a recommendation under the provisions of paragraph (1), or to issue an order under the provisions 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.