Chapter I. General Provisions

(The Purpose of this Law) Article 1. The purpose of this Law is to provide for standards concerning certification of educational personnel and thereby to maintain and develop the ability of educational personnel.

(Definition) Article 2. "Educational personnel" in this Law shall include teachers, assistant teachers, school-nurses, assistant school-nurses, and part-time teachers (hereinafter referred to as teachers) of elementary schools, lower and upper secondary schools, schools for the blind, schools for the deaf, schools for the otherwise handicapped, and kindergartens provided for in Article 1 of the School Education Law (Law No.26 of 1947)(hereinafter referred to as schools) as well as principals (inclusive of heads of kindergartens) of these schools, and superintendents and teacher-consultants of boards of education. 2 "Competent authorities" in this Law shall be the immediate governing body of each institution in case of the principals and teachers of national or public schools attached to universities, the Minister of Education in case of the principals and teachers of national schools other than schools attached to universities, and the board of education that controls over the schools concerned in case of the principals and teachers of public schools other than schools attached to universities, the prefectural governor in case of the principals and teachers of private schools, and the board of education concerned in case of superintendents and teacher-consultants.

(Certification) Article 3. Educational personnel must have the certificate required for each position which shall be given in accordance with this Law. 2 In spite of the provisions of the preceding paragraph, part-time teachers shall be appointed from among those who have the corresponding certificate required for teacher of the same type of school. 3 In spite of the provisions of paragraph 1, teachers of schools for the blind, schools for the deaf, and schools for the otherwise handicapped (excluding school-nurses and assistant school-nurses) must have in addition to the certificate for teachers of schools for the blind, schools for the deaf, or schools for the otherwise handicapped, the certificate for teachers of the schools corresponding to the respective sections of such schools.

Chapter II. Certificate

(Kinds) Article 4. Certificates shall be classified in regular, temporary and emergency certificates. 2 Regular certificates shall be classified as follows: (1) Certificate for teachers of elementary schools; (2) Certificate for teachers of lower secondary schools; (3) Certificate for teachers of upper secondary schools; (4) Certificate for school-nurses; (5) Certificate for teachers of schools for the blind; (6) Certificate for teachers of schools for the deaf; (7) Certificate for teachers of schools for the otherwise handicapped; (8) Certificate for teachers of kindergartens; (9) Certificates for principals; (10) Certificates for superintendents; (11) Certificates for teacher consultants. 3 Regular certificates shall be 1st and 2nd classes. 4 Temporary certificates shall be classified as follows: (1) Temporary certificate for teachers of elementary schools; (2) Temporary certificate for teachers of lower secondary schools; (3) Temporary certificate for teachers of upper secondary schools; (4) Temporary certificate for teachers of school-nurses; (5) Temporary certificate for teachers of schools for the blind; (6) Temporary certificate for teachers of schools for the deaf; (7) Temporary certificate for teachers of schools for the otherwise handicapped; (8) Temporary certificate for teachers of kindergartens; (9) Temporary certificate for principals; (10) Temporary certificate for superintendents; (11) Temporary certificate for teacher-consultants. 5 Emergency certificates shall be classified as follows: (1) Certificate for assistant teachers of elementary schools; (2) Certificate for assistant teachers of lower secondary schools; (3) Certificate for assistant teachers of upper secondary schools; (4) Certificate for assistant school-nurses; (5) Certificate for assistant teachers of schools for the blind; (6) Certificate for assistant teachers of schools for the deaf; (7) Certificate for assistant teachers of schools for otherwise handicapped; (8) Certificate for assistant teachers of kindergartens. 6 Certificates for teachers of lower and upper secondary schools shall be issued on each of the following subject areas: (1) For teachers of lower secondary school: Japanese Language, Social Studies, Mathematics, Science, Music, Drawing and Handicraft, Health-Physical Education, Health Education, Home-making, Vocational Studies (including Vocational Guidance, and Vocational Practice ((being one or more of practices concerning Agriculture, Industry, Commerce and Fishery;hereinafter referred to as Vocational Practice))) Vocational Guidance, Vocational Practice and Foreign Languages (English, German, French and others); (2) For teachers of upper secondary schools: Japanese Languages, Social Studies, Mathematics, Science, Music, Drawing. Handicraft, Calligraphy, Health-Physical Education, Health Education, Home-making, Agriculture, Agricultural Practice, Industry, Industrial Practice, Commerce, Commercial Practice, Fishery Practice, Vocational Guidance and Foreign Languages (English, German, French and others).

(Issuance) Article 5. Regular and temporary certificates shall be given to those who have basic qualifications shown in Annexed Table 1, Table 2 or Table 3 and who have obtained the credits shown in Annexed Table 1, Table 2 or Table 3 in a university or in an institute for school-nurse training designated by the Minister of Education, or those who have succeeded in the examination for educational personnel. No certificate shall be given, however, to those persons who come under any of the following items: (1) Those persons who are under 18 years of age; (2) Those persons who have not graduated from upper secondary schools (including those who have not finished the course equivalent to this other than the regular course). Those shall be excluded, however, who have been recoganized by the Minister of Education as having scholastic attainments equal to those persons who have graduated from upper secondary school; (3) Those persons who have been adjudged incompetent, or quasi-incompetent; (4) Those persons who have been condemned to imprisonment with or without hard labor; (5) Those persons who were sentenced to the cancellation of their certificates and of whom a period of two years has not expired since the date of that disposition; (6) Those persons who, on and after the date of the enforcement of the Constitution of Japan, have organized or belonged to a political party or association which advocate the overthrow by force of the Constitution of Japan or the Government formed thereunder. 2 Certificate shall be given to the principals and teachers of national or public schools as well as superintendents and teacher-consultants by the prefectural board of education, and to the principals and teachers of private schools by the prefectural governors (hereinafter referred to as awarder). 3 The emergency certificate shall be issued to those who do not come under any item of paragraph 1, in accordance with the Regulations of the Prefectural Board of Education or the Prefecture, only when it is not possible to adopt a person who has a regular or a temporary certificate.

(Examination for Educational Personnel) Article 6. The examination for educational personnel shall be by the awarder conducted on personality, scholastic attainmets, practical experience and health-physical condition of the applicant. 2 Except the cases provided for in the proviso to paragraph 2 of Article 9 and the Article 18, the examination on scholastic attainments and practical experience must be conducted in accordance with the standards provided for in Annexed Table No.4, No.5, No.6 or No.7.

(Issuance of Authentication) Article 7. Upon the request of the applicant who wants to get a certificate or to undergo an examination for educational personnel, "Universities" (including "Senmon-Gakko" provided for in paragraph 1 of Article 98 of the School Education Law. Teacher Training Institutes designated by the Ministry of Education and administrators of short course institutes and correspondence courses authorized by the Minister of Education) or the competent authorities must issue an authentication concerning personnality, scholastic attaintments, practical experience and healthphysical condition of the applicant.

(Public Notification, etc., in case Certificates are Awarded) Article 8. When certificates are awarded, the awarder must enroll the kinds of certificates, names and original domiciles of the persons amarded in the ledger and shall notify these facts publicly. 2 The ledger provided for in the preceding paragraph must be made and preserved by the awarder who has awarded the certificates.

(Validity of Certificates) Article 9. Regular certificates shall be vaild in all prefectures. 2 Temporary certificates shall be valid in all prefectures for five years from the date of issuance of such certificates. However, the term of validity may be renewed only once by the examination for educational personnel. 3 Emergency certificates shall be valid only in the prefecture concerned, for one year from the date of issuance of such certificates.

Chapter III. Lapse and Cancellation of Certifications

(Lapse) Article 10. When the holder of certificates comes under any of the items (3), (4) or (6) of paragraph 1 of Article 5, the certificate shall lose its validity. 2 When certificates have lapsed in accordance with the provisions of the preceding paragraph, the awarder of the prefecture where the schools or boards of education are located (awarders where they live for those who are not serving in schools or boards of education) shall take back the lapsed certificates.

(Cancellation) Article 11. When the holder of a certificates has intentionally violated the provisions of laws and ordinances or he is guilty of such malfeasances as to render himself unfit for member of educational personnel and the circumstances are considered to be grave, the awarder (or awarder where he lives, in case he is not serving in school or board of education) may cancel the certificate through procedures provided for in Article 12. As to inservice educational personnel, however, this shall apply only to cases where they have been subjected to disciplinary dismissal and the circumstances are considered to be grave.

(Investigation) Article 12. When the awarder is about to cancel a certificate in accordance with the provision of the preceding Article, the awarder must beforehand deliver a written statement of charges fully setting forth the reasons therefor. 2 The awarder must not cancel the certification within 30 days after the written statement for charges provided for in the preceding paragraph is delivered to him. 3 The receiver of the written statement for charges provided for in paragraph 1 may request for investigation to the awarder within the term provided for in the preceding paragraph. 4 When the awarder received the request referred to in the preceding paragraph he shall conduct a hearing. If requested by the person concerned, the hearing must be open to public. 5 The person subjected to the investigation may appear at all hearing, may be represented by counsel of his own choice, may be heard and may present witness, papers, records and any pertinent facts and data. 6 Persons other than those mentioned in the preceding paragraph may present to the awarder any fact and data concerning the case.

(Public Announcement of Lapse, etc.) Article 13. When a certificate is lapsed or cancelled, the awarder provided for in paragraph 2 of Article 10, or Article 11 must publicly announce in the Official Gazette the kind of certificate, reasons for lapse or cancellation as well as the name and original domicile of the person concerned, and at the same time must report the fact to the competent authorities he belongs to and to the awarder who has awarded the certificate. 2 When a certificate is lapsed or cancelled, or the fact is notified by other awarder, the awarder who has issued the certificate must enrol the fact in the ledger provided for in Article 8.

(Notification) Article 14, When an educational personnel are recognized as coming under the provisions in item (3), (4) or (6), paragraph 1 of Article 5 or the cause provided for in Article 11, the competent authorities (excluding prefectural board of education or prefectural governor) must notify promptly the fact to the awarder of the prefecture where the school or the board of education is situated.

Chapter IV. Miscellaneous Provisions

(Renewal or Re-issuance) Article 15, When the holder of certificate has changed his name or original domicile or has destroyed or lost the certificate, he may apply for reaewal or re-issuance of the certificate, setting forth the reason therefor to the awarder that gave him the certificate.

(Fee) Article 16. Those who apply for issuance, renewal, or re-issuance of certificate, or examination for educational personnel must pay the amount of money provided for by Cabinet Order as the fee. 2 The fee mentioned in the preceding paragraph shall be the income of the prefecture concerned.

(Special Regulations for Teachers of Schools for the Blind) Article 17. The certificate for those teachers who are in charge of special areas in the upper secondary section of schools for the blind, schools for the deaf, or schools for the otherwise handicapped shall be issued in accordance with the provisions of the Ministry of Education Ordinance to be issued separately, in spite of the provisions of Article 4, and paragraphs 1 and 3 (excluding the proviso) of Article 5. 2 The certificate in the preceding paragraph may be issued also to those who come under item (2), proviso to paragraph 1 of Article 5.

(Special Regulations for Persons who have certificates issued in Foreign Countries) Article 18. Corresponding certificates may be issued to those who have certificates concerniug educational personnel issued in foreign countries or to those who have graduated from or finished the course of foreigh schools on the examination for educational personnel, following the standards established in this Law or laws and orders issued for the enforcement of this Law.

(Supervision) Article 19. When the Minister of Education considers that the disposal made by an awarder in accordance with the provisions of this Law of laws and orders issued for the enforcement of this Law is against the provisions of this Law or such orders, he may order the action to be taken by the awarder, request for a trail of the higher court, or dispose of the matter in place of the awarder concerned taking the examples from paragraphs 1 to 7 inclusive, paragraphs 10, 11 and 17 of Article 146 of the Local Autonomy Law (Law No.67 of 1949).

(Other Matters) Article 20. Besides the matters provided for by this Law and the laws and orders issued for the enforcement of this Law, necessary matters. concerning certificates shall be provided for by the regulations of the prefectural board of education with regard to the principals and teachers of national or public schools as well as superintendents and teacher-consultants, and by the regulations of the prefecture with regard to the principals and teachers of private schools.

Chapter V. Penal Provisions

Article 21. Those who come under the provisions of any of the following items shall be imprisoned for one year or less, or shall be fined thirty thousand yen or less: (1) Those who have awarded a certificate or conducted an examination for educational personnel against the provisions of paragraph 1 or 3 of Article 5 or Article 6; (2) Those who have received certificates or underwent the examination of educational personnel based on fiction or dishonest facts; (3) Those who have issued an authentification based on faction or dishonest facts, in case of request provided for in Article 7.

Article 22. Those who have appointed or employed, or those who have become educational personnel without proper certificates against the provisions of Article 3, shall be fined ten thounsand yen or less