School Education Act

Miscellaneous schools are to provide education similar to school education, other than those stated in Article 1 (except what is provided in other laws for providing the relevant education, and what provides specialized training college education provided for in Article 124).

The first sentence of Article 4, paragraph (1), Articles 5 through 7, Articles 9 through 11, Article 13, paragraph (1), Article 14, Article 42, paragraph (1), and Articles 43 and 44 apply mutatis mutandis to miscellaneous schools. In this case, the phrase "schools stated in the following items" in the first sentence of Article 4, paragraph (1) and the phrase "a person specified in those items" in that sentence are deemed to be replaced with "miscellaneous schools established by municipalities or private miscellaneous schools" and "the prefectural board of education or prefectural governor," respectively; the phrase "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" in Article 10 is deemed to be replaced with "and must notify the prefectural governor"; the phrase "schools stated in each item of Article 4, paragraph (1)" and the phrase "the respective persons specified in each item of that paragraph" in Article 13, paragraph (1) are deemed to be replaced with "miscellaneous schools established by municipalities or private miscellaneous schools" and "the prefectural board of education or prefectural governor," respectively; the phrase "the person" in item (ii) of that paragraph is deemed to be replaced with "the relevant prefectural board of education or prefectural governor"; and the phrase "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" in Article 14 is deemed to be replaced with "the prefectural board of education for miscellaneous schools established by municipalities, and the prefectural governor for private miscellaneous schools".

Beyond the matters referred to in the preceding paragraph, necessary matters regarding miscellaneous schools are to be prescribed by the Minister of Education, Culture, Sports, Science and Technology.

Specialized training colleges, miscellaneous schools, and other educational facilities other than those stated in Article 1, may not use the title of schools stated in that Article or the title of graduate school.

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.

When the prefectural board of education (concerning those managed by private individuals; 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 the 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 may not be less than 1 month.

When the prefectural board of education (concerning those managed by private individual; the prefectural governor) finds relevant persons provided for 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 that paragraph, or if they are continuing to provide education of specialized training colleges or miscellaneous schools for cases in which 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.

In cases of giving orders under the provisions of the preceding paragraph, the prefectural governor must hear, in advance, the opinions of the private school council.

As long as it does not impede on school education, schools may attach facilities for social education, or allow the use of school facilities for social education or other public uses.

Among 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) do not apply to those matters that fall under the category regarding disposition on the performance of an obligation in paragraph (1) or (2) of that Article, and are prescribed by Cabinet Order.

A request for administrative review may not be made for the disposition or inaction regarding approval for establishment of universities or colleges of technology, conducted by the Minister of Education, Culture, Sports, Science and Technology.

Cities in this Act are to include Tokyo's wards.

In this Act (except Articles 85 and 100) and other laws and regulations (except as specially prescribed by the Special Rules for the Public Educational Personnel and Staff Act (Act No. 1 of 1949) and its relevant laws and regulations), university faculties are to include organizations provided for in the proviso of Article 85, and academic units of graduate school are to include organizations provided for in the proviso of Article 100.

Beyond what is provided for in this Act, necessary matters for implementation of this Act, which local government institutions must process, are to be prescribed by Cabinet Order, and other matters are to be prescribed by the Minister of Education, Culture, Sports, Science and Technology.