The Law for the Special Regulations concerning Educational Public Service
法令番号: 法律第1号
公布年月日: 昭和24年1月12日
法令の形式: 法律

審議経過

I hereby promulgate the Law for the Special Regulations concerning Educational Public Service.
Signed:HIROHITO, Seal of the Emperor
This twelfth day of the first month of the twenty-fourth year of Showa (January 12, 1949)
Prime Minister　YOSHIDA Shigeru
Law No.1
The Law for the Special Regulations concerning Educational Public Service
Contents
Chapter I General Provisions(Articles 1-3)
Chapter II Employment and Dismissal, Limitation, Disciplinary Punishment and Performance on Duty(Articles 4-18)
Section 1 President, Teachers and Chief Administrators of Universities(Articles 4-12)
Section 2 Principals and Teachers of Schools other than Universities(Articles 13-15)
Section 3 Superintendents and Professional Educational Personnel(Articles 16-18)
Chapter III Study and Self-improvement(Articles 19-20)
Chapter IV Miscellaneous Provisions(Articles 21-22)
Supplementary Provisions
(Articles 23-34)
Chapter I. General Provisions
(Purport of this Law)
Article 1.　This Law shall provide for matters concerning the employment and dismissal, limitation, disciplinary punishment, performance on duty and study and self-improvement of the educational public service personnel who serve the entire nation by means of education on the basis of the speciality of their duties and responsibilities.
(Definition)
Article 2.　"Educational public service personnel"in this Law shall be presidents, principals (including chiefs of kindergartens hereinafter), teachers, and chief administrator of national and public schools which are defined in Article 1 of the School Education Law (Law No.26, 1947) and defined in Article 2 of the same Law as well as superintendents and professional educational personnel of boards of education.
2　"Teachers"in this Law shall be professors, assistant-professors, teachers, assistant-teachers, teacher nurses and lecturers (only full-time employees hereinafter) of the schools prescribed in the preceding paragraph.
3　"Chief administrators"in this Law shall be deans and other chiefs of administrative offices of universities of the schools designated by the Cabinet Order.
4　"Professional educational personnel"in this Law shall be those who are required to hold certificates (excluding superintendents hereinafter) of the personnel of boards of education.
(Status)
Article 3.　Presidents, principals, teachers and chief administrators of national schools shall hold the status of national public service personnel, while those of public schools as well as superintendents and professional educational personnel of boards of education shall hold the status of local public service personnel.
Chapter II. Employment and Dismissal, Limitation, Disciplinary Punishment and Performance on Duty
Section 1. Presidents, Teachers and Chief Administrators of Universities
(Method of Initial Appointment and Promotion)
Article 4.　The initial appointment of presidents and chief administrators as well as initial appointment and promotion of teachers shall be made by means of evaluation, and the evaluation shall be made by the immediate governing body of each institution.
2　The evaluation prescribed in the preceding paragraph shall be made, in regard to presidents, in accordance with the standard established by the immediate governing body of each institution, with persons who are of noble character, of profound learning and of a wide range of knowledge and views concerning educational administration, in regard to deans, on the deliberation of faculty conference concerned, and in regard to teachers and chief administrators other than deans, in accordance with the standard established by the immediate governing body of each institution.
(Transfer)
Article 5.　Presidents, teachers and chief administrators shall not be transferred against their will, unless based on the result of the inquiry of the immediate governing body of each institution.
2　In case the immediate governing body of each institution conduct the inquiry specified in the preceding paragraph, the authority shall deliver the written statement of charges to the person concerned.
3　If the persons subject to the inquiry demands a hearing within thirty days after he has received the written statement specified in the preceding paragraph, the hearing shall be accorded by the immediate governing body of each institution. If requested by the person concerned, the hearing shall be a public hearing.
4　The person subject to the inquiry may appear at all hearings, be represented by counsel of his own choosing, be heard and present witness, books, records and any other pertinent facts and data.
5　Persons other than those mentioned in the preceding paragraph may present the immediate governing body of each institution any facts and data concerning the case.
(Demotion and Dismissal)
Article 6.　Presidents, teachers and chief administrators shall not be dismissed against their will, unless based on the result of the inquiry of the immediate governing body of each institution. Demotion of teachers shall be the same as above.
2　The provisions of paragraphs 2 to 5 inclusive of Article 5 shall apply mutatis mutandis to the case of the inquiry specified in the preceding paragraph.
(Period of Temporary Retirement)
Article 7.　Concerning the period of temporary retirement of presidents, teachers and chief administrators, in case a long rest is necessary owing to mental or physical debility, temporary retirement shall be determined according to each case by the immediate governing body of each institution.
(Tenure of Office and Age-limit)
Article 8.　The tenure of office of presidents and chief administrators shall be determined by the immediate governing body of each institution.
2　The age-limit of teachers shall be determined by the immediate governing body of each institution.
(Disciplinary Punishment)
Article 9.　Presidents, teachers and chief administrators of national universities shall not be subjected to any disciplinary punishment unless based on the result of the inquiry of the immediate governing body of each institution.
2　The provisions of paragraphs 2 to 5 inclusive of Article 5 shall apply mutatis mutandis to the case of the inquiry specified in the preceding paragraph.
(Appointing Officers)
Article 10.　The employment, dismissal, temporary retirement, reinstatement, retirement and disciplinary punishment of presidents, teachers and chief administrators of universities shall be made by appointing officers on the basis of the representation from the immediate governing body of each institution.
(Performance on Duty)
Article 11.　With regard to the performance on duty of presidents, teachers and chief administrators of national universities, necessary matters concerning the enforcement of the fundamental standard of paragraph 1 of Article 96 of the National Public Service Law (Law No.120, 1947) shall be provided by the immediate governing body of each institution excluding those prescribed in Article 97 to Article 105 inclusive of the same Law.
(Evaluation of Work Performance)
Article 12.　The evaluation of work performance and the measure taken in accordance with the result of the evaluation concerning presidents, teachers and chief administrators shall be made by the immediate governing body of each institution.
2　The evaluation of work performance prescribed in the preceding paragraph shall be made in conformity to the standard established by the immediate governing body of each institution.
Section 2. Principals and Teachers of schools other than Universities
(Method of Initial Appointment and Promotion)
Article 13.　The initial appointment of principals and teachers shall be made by means of evaluation, and the evaluation shall be made by the Presidents of universities in case of schools attached to the universities, by the Minister of Education in case of national schools other than schools attached to universities or by superintendents of education controlled the schools to which principals or teachers belong in case of public schools other than schools attached to universities (to be called as evaluating officers hereinafter in this Article) from among those who shall be listed in the appointment-applicants'list.
2　The appointment-applicants'list prescribed in the preceding paragraph shall be prepared by the National Personnel Authority in case of national schools or by boards of education of the metropolis, district or urban or rural prefectures in case of public schools in accordance with the kinds of certificates concerning those who shall hold certificates for principals or teachers and apply for initial appointment.
3　Excluding those prescribed in the preceding two paragraphs, necessary matters concerning the appoint-applicants'list shall be determined by the rules of the National Personnel Authority in case of national schools and by the rules of the prefectural boards of education in case of public schools.
4　The promotion of teachers shall be made by the evaluation based on the actual results of their former work performance, and the evaluation shall be made by their respectiv evaluating officers.
5　Evaluating officers shall hear the opinions of the principals of the schools concerned at the time of evaluation as prescribed in paragraph 1 and the preceding paragraph concerning teachers.
(Period of Temporary Retirement and its Effect)
Article 14.　The period of temporary retirement of principals and teachers shall be full two years in case of necessity of a long rest owing to tubercular diseases.
2　Those who have temporarily retired as prescribed in the preceding paragraph shall receive their full pay including all allowances during the temporary retirement.
(Appointing Officers)
Article 15.　Appointing power towards principals and teachers of public schools shall be vested in boards of education controlling the schools to which the principals and teachers concerned belong.
2　The employment, dismissal, temporary retirement, reinstatement, retirement and disciplinary punishment of principals and teachers prescribed in the preceding paragraph shall be made by appointing officers.
3　In case the appointing officers demote or dismiss the principals or teachers specified in the preceding paragraph, or otherwise conduct a very disadvantageous action as well as administer a disciplinary punishment to him, the provisions of Article 89 to paragraph 2 of Article 92, of the National Public Service Law shall apply mutatis mutandis. However,"the National Personnel Authority"shall read"the appointing officer".
Section 3. Superintendents and Professional Educational Personnel
(Method of Initial Appointment and Promotion)
Article 16.　The initial appointment of superintendents and professional educational personnels shall be made by means of evaluation, and the evaluation shall be made with those who are lested in the appointment-applicants'list by boards of education concerned in regard to superintendents, and by superintendents of boards of education concerned in regard to professional education personnel.
2　The appointment-applicants'list prescribed in the preceding paragraph shall be prepared by prefectural boards of education in accordance with different kinds of certificates for those who have the certificates for superintendents or professinal educational personnel and have applied for initial appointment.
3　Except those prescribed in the preceding two paragraphs, the necessary matters concerning appointment-applicants'list shall be ordained by the rules of prefectural boards of education.
4　The promotion of professional educational personnel shall be made by means of evaluation based upon the actual results of their fomer work performance, and the evaluation shall be made by superintendents of boards of education concerned.
(Retirement of Superintendents of Education)
Article 17.　Superintendents of education may retire during their tenure of office with the approval of boards of education concerned.
(Appointing Officers)
Article 18.　The appointing power toward superintendents of education and professional educational personnel shall be vested in boards of education concerned.
2　The provision of paragraphs 2 and 3 of Article 15 shall apply mutatis mutandis to superintendents and professional educational personnel.
Chapter III. Study and Self-improvement
(Study and Self-improvement)
Article 19.　Educational public service personnel shall make incessant efforts in studying and self-improvement in order to perform their duties and responsibilities.
2　The immediate governing body of each institution in regard to educational public service personnel of universities and schools attached to universities, the Minister of Education in regard to educational public service personnel of national schools other than universities and schools attached to universities or boards of education concerned in regard to educational public service personnel of public schools other than universities and schools attached to universities as well as superintendents and professional educational personnel (hereinafter to be called as competent authorities) shall take measures for the establishment of necessary facilities for the study and self-improvemnent of educational public service personnel as well as form plans for the encouragement of the study and self-improvement and shall make efforts for their realization.
(Opportunities for Study and Self-improvement)
Article 20.　Educational public service personnel shall be given opportunities for study and self-improvement.
2　Teachers may leave their place of service for their study and self-improvement with the approval of the chiefs of their appropriate administrative agencies;provided that it shall not impede their class-work.
3　Educational public service personnel may be allowed to made study and self-improvement extending over a long period of time retaining their current positions in accordance with the provision ordained by competent authorities.
Chapter IV. Miscellaneous Provisions
(Engagement in other Duties)
Article 21.　Educational public service personnel shall not be engaged in any other duties with or without pay unless in accordance with special provisions ordained by the law;the rules of National Personnel Authority or other by-laws, or unless competent authorities acknowledge that the engagement in other duties concerning education shall not impede the execution of regular duties.
(Application mutatis mutandis of this Law to those other than Educational Public Service Personnel)
Article 22.　This law shall apply mutatis mutandis to those persons who shall perform duties corresponding to those of teachers at national or public schools and to principals and teachers of national or public miscellaneons schools in accordance with the provisions ordained in the Cabinet Order.
Supplementary Provisions:
(Date of Enforcement)
Article 23.　The present Law shall come into force as from the day of its promulgation.
2.　In the event when provisions of this Law are recognized to be inconsistent or in conflict with the provisions of the National Public Service Law, the provisions of the National Public Service Law shall prevail regarding those matters.
(Application mutatis mutandis of this Law to teachers, etc. of Old-system Schools)
Article 24.　The provisions in this Law concerning presidents, teachers and chief administrators of national or public universities shall apply mutatis mutandis to presidents (hereinafter shall read Socho in case of universities having several faculties established), teachers and those who shall be designated by the Cabinet Order of national or public universities as provided for in paragraph 1 of Article 98 of the School Education Law respectively.
2　The provisions in this Law concerning presidents, teachers and chief administrators of national or public universities shall apply mutatis mutandis to principals, teachers and those who shall be designated by the Cabinet Order of national or public university preparatory schools, old-type Koto Gakko, college and training schools for teachers as provided for in paragraph 1 of Article 98 of the School Education Law unless otherwise provided for in the Cabinet Order.
3　The provisions concerning principals and teachers of national or public schools other than universities as provided for in this Law shall apply mutatis mutandis to principals and teachers of national or public secondary schools, schools for the blind and schools for the deaf and dumb as provided for in paragraph 1 of Article 98 of the School Education Law.
(How to read Immediate Governing Body of Each Institution, etc.)
Article 25.　"The immediate governing body of each institution"in this Law shall read for the time being in accordance with the discrimination in each items as follows:
1.　Concerning paragraph of Article 4,"Conference composed of councillors (constituent members of a faculty conference in case of universities hereinafter the same) and chief administrators (shall read conference hereinafter the same)"in case of presidents,"Presidents"in case of chief administrators and"presidents based upon the deliberation of faculty conferences"in case of teachers.
2.　"Presidents based upon the deliberation of the conference"concerning that part related to the evaluation of president in paragraph 2 of Article 4, Article 7, paragraph 1 of Article 8, Article 11, and paragraph 2 of Article 12.
3.　Concerning that part related to the evaluation of teachers and chief administrators other the deans in paragraph 2 of Article 4,"presidents based upon the deliberation of councils (faculty conference in case of universities establishing one faculty hereinafter the same)"in case of teachers and"presidents based upon the deliberation of a conference"in case of chief administrators other than deans.
4.　Concerning Article 5, Article 6 and Article 9,"conference"in case of presidents,"councils"in case of teachers and"presidents"in case of chief administrators.
5.　Concerning paragraph 2 of Article 8,"presidents based upon the deliberation of councils".
6.　Concerning Article 10,"presidents".
7.　Concerning paragraph 1 of Article 12,"conference"in case of presidents,"presidents based upon the deliberation of faculty conference"in case of teachers and deans and"presidents"in case of chief administrators other than deans.
8.　Concerning paragraph 2 of Article 19,"the Minister of Education".
2　"Appointing officers"in Article 10 shall read for the time being"chiefs of local public bodies establishing the universities"in case of presidents, teachers and chief administrators of public universities.
(Treatment of Temporarily Retired Personnel, etc. in accordance with former provisions)
Article 26.　Presidents, teachers and chief administrators of universities who have been ordered temporary retirement or are in the process of disciplinary punishment or have got disciplinary punishment in accordance with former provisions shall be treated as heretofore so far as their temporary retirement or disciplinary punishment is concerned in spite of the provisions of Articles 7 and 9.
Article 27.　In the application of the provisions of paragraph 1 of Article 14 to those who shall be on temporary retirement owing to tubercular diseases at the time of the enforcement of this Law, the former period of temporary retirement shall be aggregated.
(Disciplinary Punishment of Presidents, etc. of Public Universities)
Article 28.　Concerning the disciplinary punishment of presidents, teachers and chief administrators of public universities, the provision of Article 9 shall apply mutatis mutandis until the law concerning the personnel of local public bodies is enacted and enforced.
(Transitional Measures for Certificates of Professional Educational Personnel)
Article 29.　With regard to those who shall be needed to have certificates for professional educational personnel prescribed in paragraph 4 of Article 2, the Cabinet Order shall be ordained until the time when a law shall be enacted and enforced concerning the certification of educational personnel.
(Treatment of those who shall be presidents, etc. at the time of the enforcement of this Law)
Article 30.　Those who shall actually be presidents, principals, teachers or chief administrators of national schools at the time of the enforcement of this Law shall be considered as appointed to the posts of presidents, teachers, chief administrators respectively by this Law.
Article 31.　Excluding those prescribed in this Law or the Cabinet Order based upon this Law or specifically prescribed in other laws, presidents, principals, teachers and chief administrators who shall be Education Ministry Instructors, Education Ministry Secretaries, local instructors or local secretaries as well as superintendents of education and professional educational personnel at the time of the enforcement of this Law shall be considered as appointed public service personnel of local public bodies concerned with the same classes and salary grades as the present classes and grades and as installed to the offices corresponding to the present offices consecutively.
(Application mutatis mutandis of the Pension Law)
Article 32.　In case public service personnel as prescribed in Article 19 of the Pensions Law (Law No.48, 1923) shall become consecutively the personnel of public schools at the time of the emforcement of this Law, they shall be regarded as being in office as educational personnel as prescribed in Article 22 of the same Law, and the provisions of the same Law shall apply to them mutatis mutandis for the time being.
(Special Provisions concerning presidents, etc. of public schools)
Article 33.　Excluding those prescribed in this Law or orders based upon this Law or specifically prescribed in other laws, special provisions may be ordained by the Cabinet Order in case of necessity in regard to presidents, principals, teachers and chief administrators of public schools until the time when the law concerning the personnel of local public bodies is enacted and enforced.
(Alteration and Abolition of Other Laws)
Article 34.　Part of the Board of Education Law (Law No.170 of 1948) shall be revised as follows:
Article 95 shall be deleted.
Prime Minister　YOSHIDA Shigeru
Minister of Education　SHIMOJO Yasumaro