Social Education Law
法令番号: 法律第207号
公布年月日: 昭和24年6月10日
法令の形式: 法律
I hereby promulgate the Social Education Law.
Signed;HIROHITO, Seal of the Emperor
This tenth day of the sixth month of the twentyfourth year of Showa (June 10, 1949)
Prime Minister YOSHIDA Shigeru
Law No.207
Social Education Law
Contents
Chapter I General Provisins(Articles 1-9)
Chapter II Organizations Relating to Social Education(Articles 10-14)
Chapter III The Advisory Committee of Social Education(Articles 15-19)
Chapter IV Citizens'Public Hall(Articles 20-42)
Chapter V Utilization of School Facilities(Articles 43-48)
Chapter VI Correspondence Course(Articles 49-57)
Supplementary Provisions
Chapter I. General Provisions
(Object)
Article 1. The object of this Law is to define clearly the responsibilities of state and local public bodies regarding social education, in accordance with the principles of the Fundamental Law of Education (Law No.25 of 1947).
(Definition)
Article 2. "Social education" in this Law implies such systematic activities of education (including physical education and recreation activities) primarily for out-of-school youth and adults as provided for in this Law other than such educational activities as are conducted as part of curricular work in accordance with the School Education Law (Law No.26 of 1947).
(Function of State and Local Public Bodies)
Article 3. The state and local public bodies shall assist in maintaining a congenial environment in which it is possible for individual citizens to engage at sundry times and places in cultural and educational activities, which will assist them in daily living, by providing and operating various kinds of facilities, sponsoring meetings, and preparing information materials necessary for social education, by means of distribution and others in accordance with the prescriptions of this Law and others.
(State Aid to Local Public Bodies)
Article 4. The state shall provide financial aid, furnish supplies, and render services within the limits of appropriated funds, to local public bodies in conformity with the prescriptions of this Law and others to perform the function stated in the preceding Article.
(Business to be Transacted by Education Boards of City, Town and Village)
Article 5. The Education Boards of a city (including special wards;hereinafter the same), town and village shall, within the limits of appropriated funds. transact the following business in social education in accordance with the local needs in their respective areas:
(1) The provision of assistance for social education programs;
(2) The commission of the members of local Advisory Social Education Committees;
(3) The establishment and management of citizens'public halls;
(4) The establishment and management of libraries museums and other institutions of social education under their jurisdiction;
(5) The planning and encouragement of courses for social education purposes as school extension program for schools under their jurisdiction;
(6) The sponsoring and encouragement of debates, short courses of lectures, lectures on special subjects, popular lectures, exhibitions, and other various types of meetings given open to the public;
(7) The sponsoring and encouragement of meetings in regard to vocational education to give guidance in scientific technique;
(8) The sponsoring and encouragement of meetings concerning guidance of scientific rationalization of daily living;
(9) The sponsoring and encouragement of community athletic and recreation meetings, games and matches and other meetings of physical education purposes;
(10) The sponsoring of artistic gatherings of music, drama, art, etc. in their community and matters concerning the encouragement of such programs;
(11) The publication of social education materials and matters for making them available for the public;
(12) The supply of materials, facilities and equipment necessary for audiovisual education, physical education, and organized recreation activity;
(13) The exchange of various informations, and research work;
(14) The operation of business necessary for performing the function proposed in Article 3.
(Business to be Transacted by To, Do, Fu and Prefectural Education Boards)
Article 6. The To, Do, Fu and Prefectural Education Boards shall, within the limits of appropriated funds, transact business in social education stated in each item of the preceding Article (excepting the business stated in item 3) to meet the local needs, as well as business including the following matters:
(1) The register of the establishment and abolition of citizens'public halls sponsored by juridical persons;
(2) The sponsoring and participating in short courses of lectures, and other types of group programs, and preparing and making available materials necessary for the training of those who are concerned with social education from both public and private agencies;
(3) Making available of materials necessary for the initiation and operation of institutions relating to social education governed by this Law and rendering services thereto;
(4) Liaison with Education Boards of City, Town and Village;
(5) Additional matters within their powers governed by related laws and regulations.
(Education Boards in their Relation to Chiefs of Local Public Bodies)
Article 7. The chiefs of local public bodies may request the Education Boards to act for or cooperate with them in providing the information concerning such matters in their charge as are necessary and shall be effectively given by means of audiovisual education and other educational facilities.
2 The provisions of the preceding paragraph shall correspondingly apply in case other government agencies request the Education Boards to act for or cooperate with them in providing necessary information concerning matters in their charge.
Article 8. The Education Boards may request the chiefs of local public bodies as well as related government agencies of their respective areas to present necessary materials or cooperate in other ways, in case it is regarded necessary to do so for the transaction of business relating to social education.
(Libraries and Museums)
Article 9. Libraries and museums shall develop activities necessary for social education.
2 As regards necessary matters concerning them other specific laws shall be enacted.
Chapter II. Organizations Relating to Social Education
(Definition of Organizations Relating to Social Education)
Article 10. "Organizations relating to social education" in this Law imply those private groups, including juridical persons, whose main object is to execute works relating to social education, and which are not under the control of public authority.
(Relationship to Minister of Education and Boards of Education)
Article 11. The Minister of Education and Education Boards shall have power, if requested by organizations relating to social education, to give them specializing and technical guidance or advices.
2 The Minister of Education and the Boards of Education shall help to secure necessary materials for social education conducted by organizations relating to social education upon their request.
(Relationship to State and Local Public Bodies)
Article 12. The state and local public bodies shall by no means take undue controlling leadership over organizations relating to social education or interfere with them in their activities.
Article 13. The state and local public bodies shall give no subsidies to organizations relating to social education.
(Report)
Article 14. The Minister of Education and Education Boards shall have power to request organizations relating to social education to submit report necessary for the furnishing of information materials of guidance and for research work.
Chapter III. The Advisory Committee of Social Education
(Structure of Advisory Committee of Social Education)
Article 15. To, Do, Fu or prefecture, city, town or village may have an Advisory Committee on Social Education.
2 The Board of Education shall appoint the members of the Advisory Committee of Social Education from among the person mentioned in each of the following items:
(1) Principals of schools located in To, Do, Fu or prefecture, city, town or village concerned;
(2) Representatives of organizations relating to social education, located in To, Do, Fu or prefecture, city, town or village concerned who are recommended by majority vote of the members of the organization concerned or by some other procedures;
(3) Men and women of learning and experience.
3 Appointment of the members of the Advisory Committee provided for in the preceding paragraph shall be made from among those who are mentioned in the list of candidates prepared and submitted by the Superintendent of Education.
4 In case the Board of Education does not consider the persons on the list of candidates prepared and submitted by the Superintendent to be satisfactory, it may request him to resubmit another list.
(Advisory Committee of Social Education in their Relation to CPH Advisory Committee)
Article 16. The Advisory Committee of Social Education of a city, town or village may be composed of the members of a CPH Advisory Committee as designated in Article 29.
(Duties of Advisory Committee of Social Education)
Article 17. The Advisory Committee of Social Education shall transact business concerning the following matters in order to advise the Board of Education through the Superintendent of Education regarding matters concerning social education purposes:
(1) To draft plans and to make recommendations with regard to social education;
(2) The holding of regular or extraordinary assembly to make response to inquiries by the Education Board, and also give suggestions to the same;
(3) To conduct research necessary for performing the functions mentioned in the preceding two items.
2 The members of the Advisory Committee of Social Education may meet in conference with the Board of Education, with a view to advising on matters relating to social education.
(The Membership of Advisory Committee of Social Education, etc.)
Article 18. The fixed number of members of the Advisory Committee of Social Education, their terms of office, and other relevant matters shall be governed by the regulations of local governments.
2 In case To, Do, Fu or prefecture, city, town or village constitutes the local regulations concerning the preceding paragraph, the provisions of Article 61 to Article 63 inclusive of the Board of Education Law (Law No.170 of 1948) shall apply.
(Compensation of Actual Expenses of Advisory Committee of Social Education)
Article 19. Local public bodies shall not pay salaries and remunerations to the members of the Advisory Committee of Social Education.
2 Local public bodies shall meet expenses required by Advisory Social Education Committees in the performance of their duties.
3 With regard to expenses mentioned in the preceding paragraph the provisions of Article 31, paragraph 3 of the Board of Education Law shall apply mutatis mutandis.
Chapter IV. Citizens'Public Hall
(Object)
Article 20. The object of Citizens'Public Hall is to perform various activities for the cause of education, science and culture by providing the people in a city, town, village or other specific areas certain types of education for daily life to improve their attainments, improve their health, ennoble their sentiment, elevate their cultural life, and in general, increase the social welfare of the community.
(Initiator of the CPH)
Article 21. A CPH may be established by a city, town or village.
2 Besides the case mentioned above, it cannot be established unless it is done by a juridical person founded with the aim of establishing a CPH under Article 34 of the Civil Code (hereinafter called a juridical person in this chapter).
(Activities)
Article 22. In order to fulfill the object stated in Article 20 a CPH may generally develop the following activities except when prohibited by this Law and other laws and regulations:
(1) Regular courses of lectures;
(2) Debates, short courses, lectures, demonstrations, exhibitions and others;
(3) Furnishing and utilizing of books, records, models, materials, etc.;
(4) Athletic meetings and recreation programs, etc.;
(5) Encouraging cooperation among various bodies, organizations and agencies;
(6) Providing the community people an establishment for their meetings and for public use.
(Principles of Activities of CPH)
Article 23. CPHs are prohibited from:
(1) Undertaking enterprise primarily for profitmaking, allowing its name to be used by a specific profit-making enterprise or otherwise aiding a profit-making enterprise;
(2) Engaging in an activity in connection with a specific political party, or supporting a specific candidate in connection with a public or private election.
2 A CPH sponsored by a city, town or village is further prohibited from supporting a specific religion, denomination or order.
(Establishment of City-Town-Village-CPH)
Article 24. In case a city, town or village desires to establish a CPH, matters concerning the establishment and administration of the CPH shall be governed by local regulations.
2 As regards local regulations stated in the preceding paragraph the provisions of Article 18, paragraph 2 shall apply mutatis mutandis.
Article 25. Establishment or abolition of a CPH sponsored by a city, town or village must be reported to To, Do, Fu or prefectural Boards of Education.
2 Necessary matters concerning the report provided for in the preceding paragraph shall be governed by the regulations of the To, Do, Fu or prefectural Boards of Education.
Article 26. Establishment or abolition of a CPH sponsored by a juridical person and change in establishing members must be reported beforehand to To, Do, Fu or prefectural Boards of Education beforehand.
2 Necessary matters concerning the report provided for in the preceding paragraph shall be governed by the regulations of To, Do, Fu or prefectural Boards of Education.
(Staff of CPH)
Article 27. A CPH shall have a Manager and may have necessary officers for its staff.
2 The CPH Manager shall transact business necessary for planning and carrying out various CPH activities and supervise officers on the staff.
Article 28. The Manager and other necessary officers of the CPH sponsored by a city, town or village shall be appointed by the Board of Education of a city, town or village concerned with the recommendation of the Superintendent of Education.
2 Appointment of a CPH Manager mentioned in the provisions of the preceding paragraph shall be made by the Board of Education of a city, town or village after discussion with the CPH Advisory Council as designated by Article 29.
(CPH Advisory Council)
Article 29. Each CPH shall have a CPH Advisory Council.
2 The function of the CPH Advisory Council is to investigate and deliberate on necessary matters concerning the planning of the activities of the CPH, to make response to the inquiries by the CPH Manager.
Article 30. In case of a CPH established by a city, town or village, members of the CPH Advisory Council shall be chosen by the Board of Education of the city, town or village from among the persons mentioned in each of the following items:
(1) Principals of schools located in the city, town or village concerned;
(2) Representatives of any appropriate community organization and agency relating to education, science, culture, industry, labor, social welfare, etc. who are interested in achieving what Article 20 purports;
(3) Men and women of learning and experience.
2 Choice of such committee members as stated in item 2 of the preceding paragraph shall be made upon the recommendation of respective organization or agency by election by a majority vote or through some other procedures.
3 The chiefs of the city, town or village, or their auxiliary personnel or the members of the city, town or village assembly may be entrusted with the responsibility of the committee members as provided for in item 3 of paragraph 1.
4 Necessary matters concerning the CPH Advisory Council as stated in paragraph 1 including the fixed number of the members, their terms of office, etc. shall be dealt with by the regulations of a city, town and village.
5 As regards abovementioned regulations, the provision of paragraph 2 of Article 18 shall apply mutatis mutandis.
Article 31. In case of a CPH established by a juridical person, officers thereof shall become members of the CPH Advisory Council.
Article 32. The provision of Article 19 shall correspondingly apply to members of the CPH Advisory Council of a CPH established by a city, town or village.
(Specific Fundamental Asset)
Article 33. A city, town or village sponsoring a CPH may set up a specific fundamental asset or build a reserve in order to maintain CPH activities.
(Special Account)
Article 34. A city, town or village sponsoring a CPH may set up a special account in order to maintain CPH activities.
2 As regards the proposal concerning the establishment of a special account as described in the preceding paragraph, the provision of Article 18, paragraph 2 shall apply mutatis mutandis.
(Subsidies or Other Financial Aid to CPH)
Article 35. The state shall, within the bounds of the budget, provide subsidies or other financial aids required for the maintenance of a CPH to a city, town or village sponsoring a CPH.
Article 36. In case subsidies are provided by the state fund in accordance with the preceding Article, the apportionment of subsidies shall be made on the basis of the amount spent by cities, towns or villages sponsoring CPH in the previous fiscal year on each of the following items:
(1) Expenses required for employment of CPH officers;
(2) Expenses required for CPH fundamental activities;
(3) Expenses required for books and other educational aids to be supplied for a CPH.
2 The standard for granting subsidies for the expenses as stated in each item of the preceding paragraph and other necessary matters for the apportionment of subsidies shall be designated by a Cabinet Order.
Article 37. In case To, Do, Fu and prefectures provide subsidies required for the maintenance of CPH in accordance with the provision of Article 231 of the Local Autonomy Law (Law No.67 of 1947), the Minister of Education may request prefectures to submit report on the amount of subsidies, the rate of aid, its method and other necessary matters as provided for by a Cabinet Order.
Article 38. The city, town or village that is granted the state subsidies must return them in the following cases:
(1) When a CPH has violated this Law or directive issued according to this Law, or dispositions based on these;
(2) When a CPH has abandoned all or part of activities, or is deemed to be used for the purpose other than the objects which Article 20 proposed;
(3) Violation of conditions required for receipt of subsidies;
(4) Receipt of subsidies by false procedure.
(Guidance for CPH)
Article 39. The Minister of Education and To, Do, Fu or prefectural Board of Education may upon request offer CPH adequate guidance and advices in its management, activities and other matters.
(Stop on CPH Activities or Operation)
Article 40. When any CPH is found violating the provisions of Article 23, order to stop their activities or operation may be given by To, Do, Fu or prefectural Board of Education.
(Punishment)
Article 41. Those who have disobeyed the order for the stop on CPH activities or operation as provided for in the preceding Article shall be punished with an imprisonment with or without hard labor of one year or less or a fine of 30,000 yen or less.
(Facilities and Institutions Similar to CPH)
Article 42. Facilities and institutions similar to CPH may be established by any founder.
2 As regards the management of the facilities and institutions mentioned in the preceding paragraph and other matters, the provisions of Article 39 shall apply mutatis mutandis.
Chapter V. Utilization of School Facilities
(Range of Application)
Article 43. Utilization of facilities of national and public schools (hereinafter called "the school" in this chapter) for social education purposes, shall be determined in accordance with the prescriptions of this chapter.
(Utilization of School Facilities)
Article 44. The administering agency of schools shall make effort to encourage the utilization of such school facilities as are under its jurisdiction for social education purposes, so far as such action is not considered to interfere with school education.
2 The administering agency stated in the preceding paragraph is the Minister of Education in case of national schools;head of the local public body which is the founder in case of public universities;and the Board of Education established by the local public body which is the founder in case of public schools except universities.
(Permission of Utilization of School Facilities)
Article 45. When any one desires to utilize any school facilities for social education purposes, he must get permission from the administering agency of the school in question.
2 When the school administering agency desires to permit any school facilities to be utilized in accordance with the preceding paragraph it shall discuss the matter beforehand with the university president or school principal.
Article 46. When the state or the local public body tries to use the school facilities for the purpose of social education, it must consult with the administering agency of the school concerned in spite of the provisions of the preceding Article.
Article 47. In case the use of school facilities described in Article 45 is only temporary, the school administering agency may transfer the power of permitting utilization of school facilities to the university president or school principal.
2 The matter concerning the transfer of authority described in the preceding paragraph and other matters necessary for the utilization of school facilities shall be decided by the school administering agency.
(Kind of Courses of Social Education)
Article 48. The school administering agencies shall have power to encourage schools under their jurisdiction to hold courses for social education purposes (as school extension program) including Cultural Courses, Special Courses, Summer Courses, Community Classes, etc. in so far as the capacity of the regularly assigned school faculty and facilities permit.
2 Cultural Courses may be provided for adults to increase general accomplishments, Special Courses may be provided for adults to improve special knowledge and technique, and Summer Courses may be provided for adults to increase either general accomplishments or special knowledge and technique during the summer vacation, in all cases abovementioned by the universities and higher schools.
3 Community Classes may be provided for adults to deal with general accomplishments by elementary and secondary schools.
4 Compensation for lecturers and teachers for school extension courses as provided for by paragraph 1 and other necessary expenses shall be borne by the state and local public bodies within the limits of the budget.
Chapter VI. Correspondence Course
(Range of Application)
Article 49. This Chapter is intended to govern education by means of correspondence other than that which is carried on in accordance with the provisions of Article 45, Article 70 and Article 76 of the School Education Law.
(Definition of Correspondence Course)
Article 50. "Correspondence Course" in this Law implies course offered under an established educational program by sending students, instruction matters, supplementary instructional materials, etc. and providing them, by correspondence, problems and solutions, corrections, questions and answers, etc. based upon such books.
2 One who offers correspondence course must have necessary instructors to develop the program.
(Sanctioning of Correspondence Course)
Article 51. The Minister of Education may give sanction of correspondence course (hereinafter referred to as "sanction" ) to any correspondence course, upon request, carried on by a school or juridical person under the provision of Article 34 of the Civil Code and contributing to social education.
2 Those who desire to get sanctioning mentioned in the preceding paragraph must apply for sanctioning by the Minister of Education in accordance with what he regulates about the matter.
3 When the Minister of Education gives the sanction to any correspondence course in accordance with the provisions of paragraph 1, he shall consult the Correspondence Course Committee in advance.
(Charge for Sanctioning)
Article 52. The Minister of Education may charge those who apply for sanctioning a fee. However, it shall not apply to the correspondence courses carried on by state or public schools.
2 The amount of fee prescribed in the preceding paragraph shall be set by the Minister of Education within the limit of between \1,000 and \3,000 per course.
(Correspondence Course Council)
Article 53. The Correspondence Course Council shall be established under the Ministry of Education.
2 The function of the Correspondence Course Council is to investigate and deliberate necessary matters concerning correspondence course, to make response to the inquiries by the Minister of Education.
3 The Correspondence Course Council may make recommendations to the Minister of Education concerning the matters referred to in the preceding paragraph.
4 Members of the Correspondence Course Council shall be chosen by the Minister of Education from among men and women of learning and experience.
5 Necessary matters concerning the structure of the Correspondence Course Council and others shall be dealt with by a Cabinet Order.
(Special Treatment of Postage)
Article 54. As for the postage needed for any sanctioned correspondence sourse, a special treatment shall be given in accordance with the provisions of the Mail Law.(Law No.165 of 1947).
(Discontinuation of Sanctioned Correspondence Course)
Article 55. Any one who wants to discontinue a sanctioned correspondence course or to make a change in its terms shall get the approval of the Minister of Education in accordance with the regulations laid down by the latter.
2 The provisions of Article 51, paragraph 3 shall apply mutatis mutandis to the approval mentioned in the preceding paragraph.
(Report and Necessary Action)
Article 56. The Minister of Education shall have power to require from any one who has received sanction a necessary report, and order necessary action.
(Cancellation of Sanction)
Article 57. In case any one sanctioned has violated this Law or directive issued under this Law, or dispositions based on these, the Minister of Education may cancel the sanction.
2 The provisions of Article 51, paragraph 3 shall apply mutatis mutandis to the cancelling of the sanction mentioned in the preceding paragraph.
Supplementary Provisions:
1. This Law shall come into force as from day of its promulgation.
2. When enforcing this Law in a city, town or village without the Board of Education already established and pending its establishment, the statement "the Board of Education in a city, town or village" or "the Board of Education" as mentioned in this Law shall be taken to read "A city or town mayor and a village master" ;and also the provisions of paragraph 2, Article 17 shall not apply.
3. A part of the Local Autonomy Law shall be amended as follows:
in Article 2, paragraph 3, item 5 "CPH" shall be added next to "libraries," in Article 2, paragraph 3, item 5.
4. Until the law governing libraries is enacted, matters concerning libraries shall still be governed as before in spite of provisions of Article 9, paragraph 2.
5. Before enforcing this Law, the correspondence course which has already received sanctioning in accordance with the Regulation concerning the Sanctioning of Correspondence Course (Ministry of Education Ordinance No.22 of 1947) shall be regarded as one sanctioned in accordance with Article 51, paragraph 1 of this Law.
Minister of Education TAKASE Sotaro
Minister of Postal Services OZAWA Saeki
Prime Minister YOSHIDA Shigeru