Fundamental Law of Education - Provisions of The Old Fundamental Law of Education

Provisions of The Old Fundamental Law of Education

• The Purpose of Education & Educational Policies (Preamble, Article 1, Article 2)

The preamble, Article 1 and Article 2 touch on the subject of education itself. The preamble states that The Fundamental Law of Education was created in the spirit of the Japanese constitution. The first article states that the purpose of education is development of integrated human character. The second article states that these goals will be attained at every opportunity, in every location.

• Equal Opportunity in Education (Article 3)

Accepting the terms of Article 14 of the Japanese Constitution, which provide for equality between persons, educational discrimination is forbidden. Rules laying the base for the Japanese scholarship system are set.

• Compulsory Education (Article 4)

Laying out the particular details of Article 26 of the Japanese Constitution, the number of years of compulsory education is set to nine. Public schools are not to collect tuition from those studying mandatorily, thereby making compulsory education free. Prior to World War II, Japanese students were required to study for only six years.

• Coeducation (Article 5)

Article five provides for coeducation in schools, thereby changing all sex-segregated schools into coeducational ones.

• Schooling (Article 6)

Article six provides for the public nature of schools, and limits the establishment of schools to the federal government, local public bodies, and those who are persons under the law (i.e. corporations). In addition, it recognizes that teachers are public servants, and should be encouraged in this role. Under these provisions, the Schooling Law was enacted.

• Social Education (Article 7)

Promotes social education, providing specific examples such as the establishment of libraries, museums and community centres. Under these provisions, the Social Education Law was enacted.

• Political Education (Article 8)

The article recognizes the importance of political education to the well-informed citizen, and forbids political activity within schools.

• Religious Education (Article 9)

The article provides for tolerance with respect to religion or one's position in society, and forbids religious education in public institutions. Religious education in private institutions is not proscribed.

• Educational Administration (Article 10)

Provides that education shall not be subject to unreasonable control, and that the entire country will bear direct responsibility. The purpose of educational administration is to provide and maintain all of the conditions necessary for education. (It is unclear to what "unreasonable control" refers. Interpretations are divided, and it is often the subject of debate.)

It has been suggested that the system of "direct responsibility" referred to in Article 10 implies that members of the Board of Education should be publicly elected, rather than appointed, as in the current Japanese system.

• Auxiliary Provisions (Article 11)

Provides that pertinent laws and ordinances will have to go into effect in order to enact The Fundamental Law of Education. Laws and ordinances regarding education written subsequent to the Fundamental Law may be interpreted based on the Fundamental Law.