The Board of Education Law
法令番号: 法律第170号
公布年月日: 昭和23年7月15日
法令の形式: 法律

審議経過

I hereby promulgate the Board of Education Law.
Signed:HIROHITO, Seal of the Emperor
This fifteenth day of the seventh month of the twenty-third year of Showa (July 15, 1948)
Prime Minister　ASHIDA Hitoshi
Law No.170
The Board of Education Law
Chapter I. General Provisions
(The Aims of this Law)
Article 1.　This Law aims at attaining the primary objectives of education by establishing the Board of Education so as to execute educational administration based upon the equitable popular will and befitting actual local conditions, with the realization that education should be conducted without submitting to undue control and should be responsible directly to the entire people.
Article 2.　The organization and powers and duties of boards of education shall be provided for by this Law.
(Establishment)
Article 3.　Boards of Education shall be established in metropolis, district and urban and rural prefectures, cities (including special wards;hereinafter the same shall apply), towns and villages. However, towns and villages, in case of necessity, may establish partialaffairs associations, in which boards of education may be installed.
Necessary matters concerning the board of education of the partialaffairs association of the preceding paragraph may be provided for by the cabinet order.
"Prefectural Boards of Education" referred to in this Law shall be those established in metropolis, district and urban and rural prefectures, and "Local Boards of Education" shall be those established in cities, towns and villages.
(Functions)
Article 4.　Boards of Education shall take charge of and execute affairs concerning education, science and culture (hereinafter to be referred to as education) that have hitherto been under the powers of prefectures and prefectural governors or cities, towns and villages, and mayor of cities, headmen of towns and villages (including those of special wards hereinafter), and educational affairs that shall in future be under powers of local public bodies concerned and boards of education by law or cabinet order.
Higher educational institutions and private schools shall not be under the jurisdiction of boards of education, except as may otherwise be provided for by laws.
(Responsibility for Expenses)
Article 5.　The expenses necessary for the conduction of the business of the board of education shall be borne by the local public body concerned.
(Subsidy for Expenses)
Article 6.　The expenses necessary for the conduct of the business of the board of education as well as those under their control may be subsidized by national treasury.
Chapter II. Organization of the Board of Education
Section 1. Members of Boards of Education
(Board Members)
Article 7.　Prefectural Boards of Education shall consist of seven members, and Local Boards of Education shall consist of five members.
The board members of the preceding paragraph except those prescribed in Paragraph 3 shall be elected by the inhabitants of a prefecture or city, town or village who are citizens of Japan.
One member of each board of education shall be elected by and from the assembly of the local public body concerned.
(Term of Office)
Article 8.　The term of office of the board members by popular vote shall be four years, and half of the members shall be elected every two years. However, the members filling vacancies shall remain in office for the remaining term of office of their predecessors.
The term of office provided for in the preceding paragraph shall start from the day of the ordinary election of members of the board of education.
The term of office of the member elected by and from the assembly shall be his term of office as assemblyman.
(Election)
Article 9.　Those having the suffrage or eligibility for members of the pxefectural assembly or city, town or village assembly shall have the suffrage or eligibility for members of the prefectural or local board of education.
Article 10.　Diet members, members of assemblies of local public bodies (excluding the members prescribed in paragraph 3 of Article 7), national public officials and paid employees of local public bodies cannot concur ently be members of any board of education.
Members of Prefectural Board of Education cannot concurently be members of Local Board of Education.
Article 11.　Ordinary elections shall be held every two years, concerning half of the fixed number of the elected members of boards.
Article 12.　With respect to the election of members of the board of education, there shall be no division of electoral districts.
Article 13.　Affairs concerning the election of members of the board of education shall be administered by the election administrative committee of the local public body concerned.
Article 14.　Election of members of prefectural boards and election of local boards of education may be held simultaneously.
Article 15.　Election of members of prefectural and local boards of education shall be held in accordance with the electors'list concerning the election of members of city, town or village assemblies.
Article 16.　A candidate for membership in a board of education must be recommended by electors.
The above recommendation, after electors get the consent of the candidate, shall have to be reported to the presiding officer of election by the representatives of electors numbering not less than sixy with their joint signature.
Article 17.　Those who have the eligibility for membership cannot be candidates for two boards of education at the same time.
Article 18.　The report of candidate for membership in a board of education shall require no deposit money.
Article 19.　At the election of board members, those candidates who have obtained the greatest number of effective votes shall be decided as elected members.
In case an equality of votes is found to exist, the presiding officer of election determine the elected person by drawing lots at an election meeting.
Article 20.　When a joint election for members with different term of office is held, elected members with longer term of office shall be selected from those who have obtained the greater number of votes.
In case it is necessary to decide on the length of term of office among those who have obtained the same number of votes, the presiding officer of election shall decide it by drawing lots at an election meeting.
Article 21.　In case an elected member declines to be elected, or happens to be dead or fails to be elected according to the provisions of Article 57 of the Local Autonomy Law (Law No.67, 1947), an election meeting shall be held immediately in order to determine the elected member from among those who failed to be elected in the order of number of votes they have obtained.
In case the cases provided for in items from 5 to 7 inclusive of paragraph 1 of Article 62 of the Local Autonomy Law or vacancies take place before the time limit as prescribed in paragraph 1 of Article 60 of the Local Autonomy Law, an election meeting shall be held in order to decide elected members from among those who failed to be elected in the order of number of number of votes they have obtained. Or in case the above cases take place after the above time limit and besides, there are those who are applicable under paragraph 2 of Article 19, an election meeting shall be held in order to decide elected members from among such people.
Article 22.　When a joint election for members with different term of office is held, and at the same time the provisions of Article 58 of the Local Autonomy Law concerning the election of the assemblies of ordinary local public bodies is applicable, presiding officers of election shall decide by drawing lots at an election meeting as to which candidates shall be decided as electec'members with longer term of office.
Article 23.　In case the cases as provided for in items from 1 to 3 inclusive of paragraph 1 of Article 62 of the Local Autonomy Law take place or in case the cases as provided for in items from 4 to 7 inclusive Par.1 of the same Article or vacancies take place before the time limit as provided in item 1 of Article 60 of the Local Autonomy Law, and at the same time it is impossible to decide elected members without holding further election, further election shall be held.
Article 24.　In case the cases as provided for in items 4 to 7 inclusive of paragraph 1 of Article 62 of the Local Autonomy Law or vacancies take place after the time limit as provided for in paragraph 1 of Article 60 of the Local Autonomy Law, and at the same time it is impossible to decide elected members, the board of education concerned shall appoint recruiting members immediately from among those who have the eligibility for members.
The tenure of office of recruiting members shall be by the day before the date of next ordinary election, and with regard to the vacancies owing to the completion of the tenure of office of the above members, the election to fill the vacancies shall be held simultaneously with the next ordinary election.
Article 25.　When all the members except those elected by the assemblies become vacant after elapsing the time limit of paragraph 1 of Article 60 of the Local Autonomy Law, an election to fill the vacancies shall be held not with standing the provisions of paragraph 1 of the preceding Article.
In case the cases as provided for in the preceding paragraph take place within six months before the next ordinary election, the paragraph 1 of the preceding Article shall apply notwithstanding the provisions of the preceding paragraph.
Article 26.　In case where a vacancy occurs in the position for a member in accordance with the provision of the paragraph 3 of Article 7, the assembly shall elect a member to fill the vacancy as soon as possible.
Article 27.　The provisions of election campaign in the election of prefectural governors as provided for in paragraph 1 of Article 72 of the Local Autonomy Law shall apply correspondigly to the election campaign in the election of boardmembers and the provisions of paragraph 3 of the same Article shall apply correspondingly to that of Reelection of prefectural board members. However, "Electoral Administration Committee of the Metropolitan Assemblymen" or Electoral Administration Committed of the district and Prefectural Assemblymen "applied correspondingly in paragraph 1 of Article 72 of the said Law from the paragraph 4 of Article 140 of Law of Election concerning the Members of the House of Representatives (Law No.47, 1925) shall read" Electoral Administration Committee of the local public body concerned,"so far as the election for local board members is concerned.
Article 28.　Concerning the election of the members of the board of education, the provisions concerning the election members of the assemblies of the ordinary local public bodies as provided for in the Local Autonomy Law shall apply mutatis mutandis, unless otherwise provided for by this Law or in the cabinet orders based upon this Law.
(Recall of Board Member)
Article 29.　Those having the suffrage for members of a board of education may request the dismissal of its members.
The request for dismissal of the preceding paragraph shall be the same as the request for the dismissal of assembly members of ordinary local public bodies prescribed by the Local Autonomy Law.
(Resignation and Determination of Qualification of Board Members)
Article 30.　Concerning the resignation and the determination of qualifications of board members, the provisions of the Section 8 of Chapter 6 of the Local Autonomy Law (except the provisions of the proviso to Article 126) shall apply correspondingly. However, "the assemblies of ordinary local public bodies" shall read "the boards of education," and "the assembly members" shall read "the board members."
(Remunerations and Reimbursement for Expenses of the Board Members)
Article 31.　The local public bodies shall pay remuneration to the members of the boards concerned, but shall pay no salary.
The members of the board shall be entitled to the reimbursement of expenses required for the execution of their functions.
The amount of remuneration and reimbursement for expenses and their method of payment shall be ordained by the bylaw of the local public bodies concerned.
(Performance on Duty, etc. of Board Members)
Article 32.　Matters concerning the oath, duty to obey laws and others and the performance on duty of board members shall be ordained by the other law concerning the officials of local public bodies.
Section 2. Meetings of Boards of Education
(Chairman and Vice-chairman)
Article 33.　The board of education shall elect a chairman and a vice-chairman from among its members respectively.
The tenure of office of the chairman and the vice-chairman shall be one year, but they may be re-elected.
The chairman shall preside over the meetings of the board of education.
The vice-chairman shall assist the chairman or act in his place in case the chairman is unable to discharge his functions, or in case the chairmanship becomes vacant.
(Convocation of the Meetings)
Article 34.　Chairman of the board of education shall convene its session.
Chairman must convene the extraordinary session when two or more members shall request in writing its convocation by designating the matter to be referred to.
Chairman must beforehand announce the place and the convocation date of the meeting and the matters to be referred to the session.
The convocation shall be announced at least seven days before the date of the meeting for the prefectural board of education and threee days before for the local board of education. However, this shall not apply in case an emergency problem should arise.
(The Ordinary and Extraordinary Session)
Article 35.　The meetings of the board of education shall be the ordinary and the extraordinary session.
The ordinary session shall be convened once in every month.
In case an emergency problem should arise, the extraordinary session shall be convened, only peferring to that particular problem.
In case an emergency problem should arise after the date of session has been announced, it may be referred to the session immediately, notwithstanding the provisions of paragraph 3 of the preceding Article and the preceding paragraph of this Article.
(Quorum of Meetings)
Article 36.　Board of education may not hold its meeting unless a majority of its members in actual service are present, except when twice repeated convocations regarding the same business fail to get a majority of its members in actual service
(Meetings Being Opened to the Public)
Article 37.　The meetings of the board of education shall be opened to the public. However, a secret meeting may be held when on the motion of a member, members present have decided to that effect by a majority of more than two-thirds.
The motion of a member of the preceding paragraph shall be voted without discussion.
(Method of Resolution)
Article 38.　The proceedings of boards of education shall be decided by a majority of the members present.
(Limitation of Participation in Proceedings of Meetings)
Article 39.　Members of the board of education shall not participate in proceedings with regard to personal affairs of themselves, of their spouses or of their relatives within the third degree of consanguinity. But they may attend the meetings and speak.
(Council Rules)
Article 40.　Board of education must establish council rules and hearers'rules.
Matters concerning the meeting of the board may he prescribed by council rules unless otherwise provided for in this Law.
Section 3. Superintendents of Education and Secretariats
(Superintendent of Education)
Article 41.　Board of education shall have a superintendent of education.
The superintendent of education shall be appointed by the board of education from among those who have certificates for educational personnel as prescribed by the other law concerning the certification of educational personnel
The term of office of the superintendent of education shall be four years. They may, however, be reappointed.
Article 42.　The superintendent of education shall take charge of all the educational affairs managed by the board of education, subject to the guidance and control of the board of education.
(Secretarist)
Article 43.　A secretariat shall be attached to the board of education in order to have it manage the bussiness concerning the affairs under the jurisdiction of the said board.
(Departments or Sections of Secretariats)
Article 44.　The secretariat of the prefectural board of education shall have necessary department or section (except those of accounting and public work) according to the rules ordained by the said board. However, the department or section concerning educational research and statistics and the department or section concerning educational guidance shall be installed.
The secretariat of the local board of education may have necessary department or section according to the rules ordained by the said board.
(Personnel of Secretariats)
Article 45.　The secretariat of the prefectural board of education shall have teachers consultants and technical exports concerning the approval or selection of text-books, curriculum contents to be taught and their treatment, architecture and other necessary matters as well as other necessary secretarial staffs.
The secretariat of the local board of education may have necessary staffs coresponding to that of the prefectural boards.
The fixed number of the personnel as provided for in the preceding two paragraphs shall he ordained by the bylaw of the local public bodies concerned.
The personnel of paragraphs 1 and 2 as well as the secretarial officials of schools shall be appointed by the board on recommendation of the superintendent of education.
Article 46.　Teachers'consultants shall give advice and assistance to teachers, but they shall issue no orders and exercise no control.
Article 47.　Professional exports needed for approval or selection of text-books, for matters concerning curriculum contents to be taught and their treatment and other special matters may be provided by using teachers. However, those teachers may temporarily be released from their regular duties during that period.
Chapter III. Powers and Duties of Board
(Jurisdiction of Boards of Education)
Article 48.　Prefectural boards of education shall have control over all schools and other educational institutions established by the prefectures concerned and local boards of education shall have control over all schools and other educational institutions established by the local public bodies concerned.
The boards of education concerned may, through their consultation, transfer the control of the upper secondary school established by prefectures to the cities, towns and villages, or of those established by cities, towns and villages to prefectures.
Article 49.　The board of education shall take charge of the following matters. However, in such cases they may require the advice and recommendation from the superintendents of education:
(1)　Matters concerning establishment and abolishment of schools and other educational institutions;
(2)　Matters concerning operation and control of schools and other educational institution;
(3)　Matters concerning the curriculum contents to be taught and their treatment;
(4)　Matters concerning selection of text-books;
(5)　Matters concerning employment and dismissal and other personnel affairs of principals and teachers based upon the provisions of the other law which shall provide for concerning the employment and dismissal, etc. of the educational public officials;
(6)　Matters concerning the employment and dismissal and other personnel affairs of the staffs of the board of education and schools and other educational institutions;
(7)　Matters concerning the labor union organized by teachers and other educational employees;
(8)　Matters concerning the establishment and change of school site, and planning of repair and preservation of school and other buildings as well as supervision of execution of work of construction;
(9)　Matters concerning the planning for arrangement of instructional materials and other equipments;
(10)　Matters concerning the legislation, amendment and repeal of the regulations of the board of education;
(11)　Matters concerning budgets of revenue and expenditure under the jurisdiction of the board of education;
(12)　Matters concerning the control of basic property and reserve fund for educational purposes;
(13)　Matters concerning contracts with other boards of education for educational affairs;
(14)　Matters concerning social education;
(15)　Matters concerning study and selfimprovement of principals, teachers and professional educational personnel;
(16)　Keeping certificates and official documents;
(17)　Matters concerning investigations and statistics concerning education;
(18)　Matters concerning educational affairs of the community under its jurisdiction not otherwise prescribed bylaw.
Article 50.　The prefectural board of education shall take charge of the following matters in addition to the affairs as provided for in each item of the preceding Article. However, in such cases they may require the advice and recommendation from the superintendent of education:
(1)　Issuing certificates of educational personnel in accordance with the provisions of the other law concerning the certification of educational personnel;
(2)　Approving text-books for all schools within the prefecture concerned in accordance with the standards established by the Minister of Education;
(3)　Giving technical and professional advice and assistance to the local board of education;
(4)　Matters concerning establishment or revision of the attendance district of upper secondary school;
(5)　Any other matters belonging to its duties and authority provided for by laws and regulations.
Article 51.　The local boards of education within a prefecture and the prefectual board of education may establish a council in order to decide personnel affairs such as appointment and dismissal and allowances of principals and teachers and other common necessary matters.
The resolution of the council of the preceding paragraph shall be unanimous.
Necessary matters concerning the council shall be established by the consultation of the boards of education concerned.
Article 52.　So far as boards of education of special wards are concerned, the provisions of items 3 and 4 of paragraph 1 of Article 49 shall not apply, and instead the metropolitan board of education shall dispose of those matters.
(The Regulations of the Board of Education)
Article 53.　The board of education may legislate the regulations of the board of education concerning the affairs under their control, as long as such regulations are not contrary to the laws and ordinances.
The regulations of the board of education shall be publicly announced in conformity to a stated form of public notice.
(Establishment of Attendance Districts)
Article 54.　Prefectural board of education shall divide the prefecture into several attendance districts for the purpose of promoting propagation and equalizing opportunity of upper Secondary education. However, the prefectural board of education may coordinate the attendance of pupils in case of necessity.
(Presentation of Reports)
Article 55,　The prefectural board of education may require the local boards of education to submit annual reports and other necessary reports concerning education under its jurisdiction. The Minister of Education may require the same to the prefectural or local boards of education.
The Minister of Education shall have no administrative or operational control over prefectural, or local boards of education and prefectural boards of education shall have no administrative or operational control over local boards of education except otherwise provided far bylaw.
(Preparation of Budget)
Article 56.　The board of education shall prepare documents concerning the estimates of revenues and expenditures under its control every fiscal year, and transmit the documents to the chief of the local public body concerned for the unification and co-ordination of all costs of the government of the local public body concerned.
Article 57.　The chief of the local public body must request the opinion of the board of education beforehand when he intends to reduce the amount of the estimate of expenditures transmitted from the board at the time of preparation of revenue and expenditure budget for every fiscal year.
Article 58.　The chief of local public body when he has reduced the estimated expenditure prepared by the board of education shall mention the particulars of the said estimated expenditures in the revenue and expenditure budget, and at the same time he shall specify the necessary sources of revenue when the assembly of the local public body intends to revise the expenditures concerning the board of education.
(Execution of Budget)
Article 59.　When the budget is approved by the local assembly, the chief of the local public body shall allocate the budget under control of the board of education to the board concerned.
Article 60.　The board of education shall issue order to the chief accountant or treasurer to expend money within the limits of allocation concerning the budget under its jurisdiction.
(Matters to be subjected to the Approval of the Assembly)
Article 61.　The board of education shall transmit to the chief of the local public body the draft of the measure concerning the following items, of all the matters which are to be subjected to the approval of the assembly concerned by laws and regulations:
(1)　Matters concerning the establishment, control and disposal of basic property and reserve fund for educational purposes;
(2)　Matters concerning local bonds for educational purposes;
(3)　Matters concerning tuition and other educational rental rates and charges;
(4)　Maters concerning legislation, or revision and repeal of the bylaw as provided for in paragraph 3 of Article 31, paragraph 3 of Article 45 and paragraph 2 of Article 66.
Article 62.　When the chief of the local public body wants to revise the draft transmitted by the board of education at the time of referring it to the resolution of the assembly concerned, he shall require the opinion of the board of education beforehand.
Article 63.　When the chief of the local public body has revised the draft transmitted by the board of education, he shall attach to his measure the original draft transmitted to him from the board of education and its opinion concerning it.
(Execution of Business as Proxy on the Part of Board of Education and Superintendents)
Article 64.　In case when all the members are vacant and the provisions of paragraph 2 of Article 25 cannot apply, the superintendent of education shall execute the business of the board as proxy.
The disposition according to the provisions of the preceding paragraph shall be reported by the superintendent of education to the board of education at the next meeting.
Article 65.　In case all the members of a prefectural board become vacant, and, moreover, its superintendent of education become vacant, the Minister of Education shall appoint its deputy superintendent of the prefectural board concerned.
In case all the members of a local board become vacant, and, moreover, its superintendent of education become vacant, the prefectural board of education shall appoint its deputy superintendent of the local board concerned.
In the case of the preceding paragraph, and, moreover, in case all the board members become vacant, the superintendent of the prefectural board shall appoint the deputy superintendent of the preceding paragraph.
The deputy superintendents of paragraphs 1 and 2 shall remain in office until the first coming meeting of the board concerned.
Chapter IV. Miscellaneous Provisions
(Personnel of Schools and Other Educational Institutions)
Article 66.　Principals, teachers and secretarial officials shall be installed in prefectures, cities, towns, and villages.
The fixed number of principals, teachers and secretarial officials of schools shall be decided by the bylaw of the local public body concerned unless otherwise provided for bylaws and cabinet orders.
Status of principals and teachers shall be provided for in other law concerning the employment and dismissal, etc. of the educational public officials except otherwise provided for in this Law.
Necessary secretarial officials shall be installed educational institutions other than schools under the control of the board of education.
(Treatment of Status of Educational Public Officials)
Article 67.　Of all the educational personnel appointed by the boards of education, the other law concerning the employment and dismissal, etc. of the educational public officials shall provide for the treatment of status of such personnel (except principals and teachers) as are required of the certificates of educational personnel ordained by the other law concerning the certification of the educational personnel, except otherwise ordained in this Law.
The other Law prescribed the matters concerning the personnel of local public bodies shall apply to the treatments of status of the personnel other than those provided for in the preceding paragraph and secretarial officials of schools, except otherwise ordained in this Law.
(Allowances of Personnel)
Article 68.　Concerning the allowance of the personnel as provided for in the preceding two Articles the provisions concerning the allowance of the personnel who are the auxiliary organs of the chief of the local public body as provided for in Chapter 8 of the Local Autonomy Law shall apply correspondingly.
Supplementary Provisions:
Article 69.　This Law shall come into force as from the day of its promulgation. However, the provisions of Article 94 shall come into force as from November 1, 1948.
Article 70.　The beards of education of cities, towns and villages except Osaka-shi, Kyoto-shi, Nagoya-shi, Kobe-shi and Yokohama-shi (hereinafter referred to as the Five Big Cities) shall be established by November 1, 1950. However, the necessary matters concerning their establishment may be ordained by cabinet orders.
Article 71.　During the period between the enforcement of this Law and the formation of the boards of education for prefectures an the Five Big Cities, the business which is to be taken charge of by the boards of education by this Law shall be taken charge of by each corresponding agency as heretofore respectively.
Article 72.　The first election of the members of boards of education for prefectures and the Five Big Cities that will be held under this Law shall take place on October 5, 1948, by combining the election of board members for four year term of office and those for two year term of office into one election.
In case when the election of the preceding paragraph has been held, the assemblies of prefectures and the Five Big Cities shall elect the members of paragraph 3 of Article 7, and the result of which shall be reported to prefectural governors or mayors concerned respectively within 20 days.
Article 73.　In case where the election of paragraph 1 of the preceding Article has taken place, prefectural governors or mayors of the Five Big Cities shall convene the meeting of the boards of education within 20 days.
The boards of education of prefectures and the Five Big Cities shall be considered as coming into existence on November 1, 1948.
Article 74.　In case where the boards of education have come into existence, the business as prescribed in Article 4 shall be transferred to the boards of education concerned within 30 days from the date of their coming into existence in the case of prefectural governors and within 20 days from the above date in the case of mayors of the Five Big Cities.
Article 75.　In the case of transfer of business as prescribed in the preceding Article, the prefectural governors or the Five Big Cities'mayors shall prepare the documents, accounting books and catalogues of property, and shall describe the order and methods of disposal as well as their opinions, concerning the undisposed or not-yet stared matters or those to be planned in future.
Article 76.　Except those provided for in the preceding two Articles, the transfer of business of the boards of education according to Article 74 shall be based on the provisions of transfer of business of chiefs of the ordinary local public bedies as are provided for in Section 1 of Chapter 4 of the Regulations concerning the Enforcement of the Local Autonomy Law (Cabinet Order No.16, 1947).
Article 77.　Those who are in the positions of chiefs of educational departments or sections and their staffs of prefectures and the Five Big Cities shall be considered as being appointed as superintendents of education or staffs of the secretariats respectively with the same classes and salaries as the existing salaries and classes on November 1, 1948.
The term of office of the superintendents of education in the preceding paragraph shall be up to March 31, 1949.
Article 78.　The boards of education shall appoint the superintendents of education from among those who have qualifications as otherwise provided for in a government ordinance, notwithstanding the provision of Article 41, until the other law concerning the certification of educational personnel is ordained.
For the time being, in case where such qualified persons are not available as prescribed in Article 41 and the preceding paragraph, the boards of education may appoint the superintendents of education from among those who have no such qualifications.
The term of office of the superintendents of education of the preceding paragraph shall be one year.
Article 79.　Those of the former bylaws and regulations of prefectures and the Five Big Cities concerning education shall be considered as the bylaws and regulations of the board of education based upon this Law.
Article 80.　The fixed number of the principals, teachers and secretarial officials of public schools in accordance with the discrimination of classes at the date of the enforcement of this Law shall be based upon the fixed number of the local instructors or local secretarial officials in accordance with the provisions of the Organization Ordinance concerning the Public Schools (Imperial Ordinance No.213, 1946) and that of the Organization Ordinance concerning the Public Lower Secondary Schools, the Primary Schools and the Kindergartens (Cabinet Order No.20, 1948).
The fixed number of the preceding paragraph shall be considered as ordained by paragraph 2 of Article 66 of the bylaw.
Article 81.　Except those otherwise prescribed in this Law, the status treatment of the staffs such as position-classification, examination, appointment and dismissal, compensation, efficiency, limitations, disciplinary punishment, guarantee, and performance on duty and other treatments as are provided for in Article 67, shall be based upon the provisions concerning the personnel who are the auxiliary organs of chiefs or prefectures or those of cities, towns and villages, until the other laws concerning the employment and dismissal etc. of the educational public officials and concerning the personnel of local public bodies is legislated. However, special provisions may be ordained by cabinet orders.
Article 82.　The former provisions concerning the local secretarial officials of public schools shall apply correspondingly, concerning the status treatments such as the position-classification, examination, appointment and dismissal, compensation, efficiency, limitations, disciplinary punishment, guarrantee, and performance on duty and other treatments of those who are secretarial officials of public schools and at the same time local secretarial officials, until the other law concerning the personnel of local public bodies is legislated. However, special legislations may be ordained by cabinet orders.
Article 83.　Those who are secretarial officials of public schools and at the same time local secretarial officials at the enforcement of this Law shall be considered as employed as the secretarial officials of public schools concerned with the same classes and salaries as the present classes and salaries respectively, and as appointed to the positions corresponding to the present positions consecutively, except otherwise provided for by this Law or by the cabinet orders based upon this Law or by other laws.
Article 84.　In case where those who are secretarial officials of public schools and at the same time local secretarial officials become secretarial officials of public schools concerned consecutively at the enforcement of this Law, shall be considered as being in continuous service retaining the former status, so that the Pension Law (Law No.48, 1923) shall apply to them correspondingly. In case such persons become national public officials from secretarial officials of public schools concerned, the period of service as personnel of the local public bodies concerned shall be added up as years of service as public officials, so far as the application of the Pension Law is concerned.
Article 85.　The higher educational institutions as provided for in Article 4 shall include, for the time being, the old-type Koto Gakko, preparatory colleges and teachers-training schools which continue to exist as the formor schools, in accordance with the provisions of Article 98 of the School Education Law (Law No.26, 1947).
Article 86.　The prefectural board of education shall select text-books from among those which have been approved by the Minister of Education or those which have been published by the said Minister until the system of paper allotment is abolished, in spite of the provisions of item 4 of Article 49 and item 2 of Article 50.
Article 87.　Up to the date when the boards of education are established in cities (to be referred to as excepting the Five Big Cities in this Article), towns and villages, educational affairs of cities, towns and villages shall be taken charge of by the prefectural boards of education, except those which hitherto belonged to the powers and duties of cities, towns and villages or mayors of cities and headmen of towns and villages.
Article 88.　The coming into existence of the boards of education in cities (except the Five Big Cities), towns and villages shall be the same as the case of the coming into existence of the boards of education of the Five Big Cities.
Article 89.　The Law of the General Regulation concerning the Local School Affairs (Chiho Gakuji Tsusoku)(Law No.13, 1914) shall be abolished.
Article 90.　The partial affairs association of cities, towns and villages established for the sake of educational affairs shall be called the school association of cities, towns, or villages.
Article 91.　The property of school ward (Gakku) as as prescribed in the General Regulations concerning the Local School Affairs (Chiho Gakuji Tsusoku) shall be disposed of by December 31, 1948 in accordance with the provisions of Article 4 of the said Law.
Article 92.　A part of the Temporary Measures Law concerning Text-books publication (Law No.132, 1948) shall be revised as follows:
"Prefectural governors" of paragraph 1 of Article 5, paragraphs 1, 2 of Article 6 and parapraghs 1, 2 of Article 7 shall read "prefectural boards of education." "Principals of national schools" of Article 7 shall read "the Boards of education in cities, towns and villages and principals of national and private schools."
Article 93.　A part of the School Education Law shall be revised as follows:
In Articles 29, 31, 32 and 74 "After obtaining the resolutions of the assemblies concerned" shall be deleted.
In Article 34 "public or" shall be deleted.
In Artitles 30, 31 and 33 "Or towns and villages school associations" shall be deleted.
The following paragraph shall be added as paragraph 2 of Article 106.
"The competent authority which is approved in Article 4 and the competent authority of Article 14 shall be prefectural boards of education for the time being, concerning the public primary schools, lower and upper secondary schools, schools for the blind, schools for the deaf, schools for the handicapped, and the kindergartens.
Article 107.　The controlling agencies of primary schools established by cities, towns and villages in this Law shall, for the time being, be mayors of cities or headmen of towns and villages in which boards of education are not installed.
Article 94.　A part of the Local Autonomy Law shall be revised as follows:
In Article 121 "Inspection commissioners and members of public safety committees of cities, towns and villages" shall read "Inspection commissioners, members of public safety committees of cities, towns and villages and members of boards of education."
In Article 125 "Inspection commissioners and members of public safety committees of cities, towns and villages concerned" shall read "Inspection commissioners, member public safty committees of cities, towns and villages concerned and boards of education."
In Article 158,
"4 Bureaus of Education
(1) Matters concerning education, arts and science.
3 Departments of Education
(1) Matters concerning education, arts and science"
shall be deleted.
In paragraph 1 of Article 173 "Technical officials or educational officials" shall read "and technical officials," and paragraph 4 of the same Article shall be deleted.
Article 95.　The treatment of status of principals and teachers shall remain as heretofore, notwithstanding the provisions of item 5 of Article 49 and paragraphs 1 and 3 of Article 66, until the other law concerning the employment and dismissal etc. of the educational public officials is legislated. However, the special provisions may be ordained by cabinet orders.
Minister of Education　MORITO Tatsuo
Prime Minister　ASHIDA Hitoshi