私立高級中等以上學校退場條例相關規定及實務問題分析

Regulations and Problems of Act Governing the Closure of Private Educational Institutions at Senior Secondary or Higher Level

因應少子女化趨勢影響，私立大專校院退場成為學生、家長及社會各界關注議題。本文探討私立高級中等以上學校退場條例、相關配套規定如預警學校與專案輔導學校認定輔導及監督辦法、教育部私立高級中等以上學校退場審議會組織及運作辦法、專案輔導學校停止全部招生後停辦時仍在校學生分發辦法、私立高級中等以上學校退場基金補助墊付辦法。而專輔學校面臨問題，如學校停辦、學生安置、教師工作權益保障及校產處置。於現有法令規定下，點出私校退場師生面臨問題，提出建議方向，教育部應提供更多學校科系妥善安置學生，整合政府資源協助教師順轉職，以維持高等教育之發展品質。

In order to response to the influence of declining birth rates, the withdrawal for private colleges and universities has become a concerned topic for students, parents and society. This paper explores Act Governing the Closure of Private Educational Institutions at Senior Secondary or Higher Level, and related regulations such as Regulations Governing the Designation, Advising and Monitoring of Educational Institutions Subject to a Preliminary Warning and Educational Institutions Subject to Special Supervision, Regulations Governing the Organization and Operations of the Ministry of Education Closure of Private Educational Institutions at Senior Secondary or Higher Level Review Committee. Regulations Governing the Transfer of Students Still Enrolled in an Educational Institution Subject to Special Supervision When Such an Educational Institution Ceases Operations After Fully Halting Admissions, and Regulations Governing Subsidies from the Private Senior Secondary or Higher Level Educational Institution Closure Fund to Make Funds Temporarily Available. The problems advising of educational institutions will be encountered are the closure of school, the arrangement of students, the protection of teacher work rights, and the arrangement of school property. This paper proposed revision directions for students and teachers, while closure of private schools according to laws. To maintain the development quality of higher education, the paper expect that Ministry of Education should make more arrangement departments of colleges for students and government resources for teachers while they close.