Law for Partial Amendments to the Board of Education Law The Board of Education Law (Law No.170 of 1948) shall be partially amended as follows: Article 10 paragraph 1 shall be amended as follows: The members of the Diet, the members of the assemblies of local public bodies (excluding the members under Article 7 paragraph 3) national and local public service personnel of full-time service and those who shall be appointed through the election, decision or consent of the Diet or the assemblies of local public bodies, cannot concurrently be members of any board of education. In Article 29 paragraph 2 "the preceding paragraph" shall be amended as "the members of a board of education by popular vote" , "(Law No.67 of 1947)" shall be added next to "Local Autonomy Law" and the following one paragraph shall be added to the same Article: 3 As regards the recall of a member under the provision of Article 7 paragraph 3, the provisions of the Local Autonomy Law concerning the demand for dismissal of the member as provided for in Article 88 paragraph 2 of the same Law, shall apply. Article 32 shall be amended as follows:

(Performance of Duty, etc. of Members) Article 32. The member of the board of education must not divulge any secret which may have come to their knowledge in the performance of their duties. This shall also apply after they have retired from office.

The following one Article shall be added next to Article 39:

(Minutes) Article 39-(2). All the particulars of the meetings of the board of education shall be recorded in the minutes. 2 Necessary matters concerning the minutes under the preceding paragraph shall be provided for by the Regulation of the Board of Education.

Article 42 shall be amended as follows:

Article 42. Deleted.

In Article 44 paragraph 1, "accounting and" shall be deleted. In Article 45 paragraph 1, "technical experts concerning the approval or selection of textbooks, curriculum contents to be taught and their treatment, architecture and other necessary matters as well as other necessary secretarial staffs" shall be amended as "necessary secretarial and technical personnel to be engaged in secretarial or technical affairs concerning the approval or selection of textbooks, curriculum contents to be taught and their treatment, school health program, architecture and other matters" , and in paragraph 4 of the same Article, "as well as the secretarial officials of schools" shall be deleted. Article 46 shall be amended as follows:

Article 46. Deleted.

In Article 47, "professional experts needed for approval or selection of textbooks, for matters concerning curriculum contents to be taught and their treatment and other special matters" shall be amended as "secretarial or technical personnel to be engaged in special secretarial or technical affairs concerning the approval or selection of textbooks, curriculum contents to be taught and their treatment, and other matters." In Article 49, "shall take charge of the following matters. However, in such cases they may require the advice and recommendation from the superintendent of education" shall be amended as "shall take charge of the matters listed below in order to exercise the functions as provided for in Article 4." In item (1) of the same Article, "control" shall be added next to "establishment" and item (2) of the same Article shall be amended as follows: (2) Matters concerning acquisition, custody and disposal of property used or decided to be used by schools and other educational institutions (to be referred to as educational property;hereinafter the same); In item (5) of the same Article, "the other law concerning the employment and dismissal, etc. of the educational public officials," shall be amended as "the Law for the Special Regulations concerning Educational Public Service (Law No, 1 of 1949)" ;in item (7) of the same Article "teachers and other educational employees" as "personnel of the board of education, schools and other educational institution" ;in item (8) of the same Article, "supervisions of execution" as execution ";in item (9) of the same Article," the planning for arrangement "as" the arrangement ";in item (18) of the same Article" not otherwise prescribed by law"shall be deleted;item (16) of the same Article shall be made item (19) of the same Article, and its succeeding items shall be moved down by three and the following three items shall be added next to item (15) of the same Article: (16) Matters concerning health, weal and welfare measures for principals, teachers and other educational personnel as well as for pupils, children and kindergarten children; (17) Matters concerning planning and execution of school health program; (18) Matters concerning administration of sanitation of school environment. In 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;" shall be amended as "Of the affairs placed under the powers of the board of education, the followng affairs shall be taken charge of by the prefectural board of education exclusively" Item (5) of the same Article shall be amended as follows: (5) Matters concerning the planning of the school lunch program, custody and utilization of the ration for school lunch program for the schools in To, Do, Fu or prefecture; The following two items shall be added to the same Article: (6) Matters concerning preservation of historic sites, places of scenic beauty, natural monuments, national treasures, important art objects, etc.; (7) Matters concerning juridical persons concerned with education (excluding these which establish private schools). The following three Articles shall be added next to Article 52:

(Delegation and Temporary Representation of Affairs) Article 52-(2). The board of education may, in accordance with the regulations of the board, delegate a part of the affairs placed under its powers to the superintendent of education or cause him to administer the same temporarily on behalf of the board of education. 2 The superintendent of education may delegate a part of the affairs which have been delegated to him by the board of education in accordance with the provision of the preceding paragraph, to the heads of schools or other educational institutions, or cause them to administer the same on behalf of the superintendent of education.

(Duty of the Superintendent of Education) Article 52-(3). The superintendent of education shall, under the direction and supervision of the board of education, take charge of all the educational affairs managed by the board of education. 2 The superintendent of education may give advice and recommendations to the board with regard to all the educational affairs which are taken charge of by the board of education. 3 The superintendent of education shall perside over the affairs of the secretariat and direct and supervise the personnel thereof. 4 The superintendent to education must present himself at all the meetings of the board of education except when the treatment of his status is discussed. In these cases, he may speak on the proceedings at the meetings, but has no right to elect or vote. 5 The superintendent of education must present necessary reports and materials to the board, concerning the execution of his duty affairs and concerning education within the area under the jurisdiction of the board of education.

(Duties of Teacher-consultants) Article 52-(4). Teacher-consultants shall give advice and guidance to principals and teachers. However, they shall issue no orders and exercise no control.

Article 53 paragraph 2 shall be amended as follows: 2 The regulations of the board of education and other rules prescribed by the board which are required to be publicly announced must be promulgated in conformity to a prescribed form of public notice. The following one paragraph shall be added to the same Article: 3 The form of public notice under the preceding paragraph must be prescribed by the regulations of the board of education, and must provide for the signature necessary for the promulgation, method of its promulgation, date of its enforcement and other necessary matters. In Article 54, "in accordance with the provisions of the regulations of the board of education," shall be added before "for the purpose of promoting propagation and equalizing opportunity of upper secondary education" . The following two Articles shall be added next to Article 54:

(School Health Program) Article 54-(2). The board of education shall request chiefs of local public bodies which establish health enters for the cooperation of the health enters concerning school physical examination, close medical examination and other matters, in accordance with standards as provided for by Cabinet Order. 2 Health centers shall give advice and assistance to the board of education concerning sanitation of school environment, furnishing of materials and information on school health program and other matters, in accordance with standards as provided for by Cabinet Order.

(Execution of Construction Work) Article 54-(3). The board of education may, in principle, delegate the execution the construction work of schools and other educational institutions to the chief of the local public body concerned. In this case, the chief of local public body shall conform to the opinion, if any, of the board of education concerning the execution of the construction.

The following one Article shall be added next to Article 58:

Article 58-(2). When any addition to or change in the fixed budget under the jurisdiction of the board of education is to be made or a temporary budget under its jurisdiction is to be worked out, the procedures under the preceding three Articles shall be followed.

The following one paragraph shall be added to Article 60: 2 The chief of a local public body may, with regard to the revenues concerning educational affairs, delegate to the board of Education of the said local public body the power to issue orders of collecting such revenues. The heading of Article 61 shall be amended as "(Relation of the Board of Education with the Chief or the Assembly of Local Public Body)" ;in the same Article, "the measure concerning the following items," as "the measure of the matters concerning the following items and other items concerning educational affairs," and in item (4) of the same Article, "paragraph 2 of Article 66" as "paragraph 3 of Article 66" . In Article 62, "it" shall be amended as "a measure concerning the matters as provided for in the preceding Article" . The following three Articles shall be added next to Article 63:

Article 63-(2). The chief of a local public body shall, when he receives the draft of a measure concerning the matters as provided for in Article 61, prepare the measure thereof and submit it to the assembly of the local public body without delay.

Article 63-(3). As for the matters as provided for in Article 61, the chief of a local public body shall, as a rule, not submit the measure of the matter concerned to the assembly of the local public body, until he receives the draft of the measure transmitted by the board of education under the provision of the same Article.

Article 63-(4). When a school or any other educational institution is to be abolished, the board of education shall consult with the chief of the local public body in advance, about the use of the educational property used by the said educational institution after its abolishment.

Articles 66 to 68 inclusive shall be amended as follows:

(Personnel of School and Other Educational Institutions) Article 66. Schools under the control of the board of education shall have principals, teachers and necessary secretarial and technical personnel. 2 Educational institutions under the jurisdiction of the board of education other than schools shall have necessary secretarial and technical personnel. 3 The fixed number of personnel as provided for in the preceding two paragraphs must be prescribed by the by-law of the local public body concerned, unless otherwise provided for by the law or Cabinet Order.

(Treatment of Status of Superintendent of Education and Others) Article 67. The secretarial and technical personnel of schools and other educational institutions as provided for in paragraphs 1 and 2 of the preceding Article shall be appointed by the board of education according to the recommendation of the superintendent of education. 2 The appointment, dismissal, disciplinary punishment, performance of duty and other matters concerning the treatment of the status of the superintendent of education, personnel as provided for in Article 45 paragraphs 1 and 2 and personnel as provided for in paragraphs 1 and 2 of the preceding Article shall be, unless otherwise provided for by this Law and the Law for the Special Regulations concerning Educational Public Service, in accordance with the provisions of the Law which may provide for matters concerning personnel of local public bodies separately.

(Salaries and Allowances of Superintendent of Education and Others) Article 68. Local public bodies must pay salaries, retiring allowances and other allowances as provided for in Articles 204 and 205 of the Local Autonomy Law to the personnel as provided for in paragraph 2 of the preceding Article, in accordance with the provisions of the Law for the special Regulations concerning Educational Public Service and the law which may provide for matters concerning personnel of local public bodies separately. 2 The provisions of Article 206 of the Local Autonomy Law shall apply mutatis mutandis to the salaries and allowances as provided for in the preceding paragraph.

Article 70 paragraph 1 shall be amended as follows: Cities excluding Osaka City, Kyoto City, Nagoya City, Kobe City and Yokohama City (to be referred to as "the five major cities" ;hereinafter the same) and excluding other cities which have already established boards of education must establish boards of education on November 1, 1950 or November 1, 1952, and towns and villages (excluding these which have already established boards of education) on November 1, 1952. Article 80 shall be amended as follows:

Article 80. Deleted.

The principal clause of Article 81 shall be amended as follows: Until the time when the law which may provide for matters concerning personnel of local public bodies as provided for in Article 67 paragraph 2 and Article 68 paragraph 1 is issued and enforced, the appointment, dismissal, disciplinary punishment, performance of duty, salaries and allowances and other matters concerning the treatment of the status of personnel as provided for in Article 67 paragraph 2 shall regardless of the provisions of these paragraphs, be in conformity with the treatment of the status of local government officials who are auxiliary organs of the chief of the local public body concerned, except for such matters specially provided for by this Law and the Law for the Special Regulations concerning Educational Public Service. Article 82 shall be amended as follows:

Article 82. Deleted:

Article 88 shall be amended as follows:

Article 88. When the first election of the members of the board of education has been held by a local public body which intends to establish a board of education in accordance with the provision of Article 70 paragraph 1, the chief of the local public body concerned must convoke a meeting of the board of education and hold the first meeting on November 1 of that year in conformity with the provisions of Article 34 paragraphs 3 and 4. 2 The board of education shall come into existence on November 1 of the year when the election as provided for in the preceding paragraph shall have been held. 3 The provisions of Articles 74 to 77 inclusive and 79 shall apply mutatis mutandis to the case where the board of education shall have come into existence in accordance with the provision of the preceding paragraph. However, in Article 74, "within 30 days from the date of their coming into existence in the case of prefectural government and within 20 days from the above date in the case of mayors of the Five Big Cities" shall read "from the To, Do, Fu or prefectural boards of education or the heads of cities, towns and villages, within 20 days from the date of their coming into existence" ;in Article 75, "the prefectural governors or the Five Big Cities'mayors" shall read "the To, Do, Fu or prefectural boards of education and the heads of cities, towns and villages" ;in Article 77, paragraph 1 "chiefs of educational departments or sections and their staffs of prefectures and the Five Big Cities...... on November 1, 1948" shall read "chiefs of educational department or sections and theirs staffs of cities, towns and villages concerned...... on the day when the board of educational shall have come into existence in accordance with the provision of paragraph 2 of Article 88" ;in paragraph 2 of the same Article, "1949" shall read "of the year when the board of education shall have come into existence in accordance with the provision of paragraph 2 of Article 88" ;and in Article 79, "prefectures and the Five Big Cities" shall read "cities town and villages concerned" .

Supplementary Provisions: 1. This Law shall come into force as from the day of its promulgation. 2. The Law concerning the Preservation of Historic Sites, Places of Scenic Beauty and Natural Monuments (Law No.44 of 1919) shall be partially amended as follows: In Article 1 paragraph 2 and Article 3, "the prefectural governor" shall be amended as "the To, Do, Fu or prefectural board of education" . 3. The Social Education Law (Law No.207 of 1949) shall be partially amended as follows: Article 18 shall be amended as follows:

(The Fixed Number, etc. of the Members of the Advisory Committee of Social Education) Article 18. The fixed number, the term of office and other necessary matters concerning the members of the advisory committee of social education shall be provided for by the by-law of the local public body concerned. 2 As for the drafting of the bill of the by-law under the preceding paragraph and the submittal of it to the assembly, the procedure concerning the matters as provided for in Article 61 of the Board of Education Law (Law No.170 of 1948) shall apply.