A clause in the draft Private School Law which was revealed to the public for the first time yesterday forbids public officials from serving as board members of private schools. However, the term "public officials" is yet to be defined.
The clause is aimed at eliminating the irregularities affecting the operations of many of the nation's private schools due to the close ties between those schools and politicians.
The bill would also prevent former public officials from serving as principals of, or advisors to, schools which have been the subject of their official work within three years of leaving their official posts.
The new draft was introduced by Minister of Education Ovid Tzeng (曾志朗) after a year of discussions and more than 60 meetings. It will be reviewed by the Legislative Yuan at the end of the year.
But the definition of "public officials" appears to be a bone of contention. Observers differ on whether the term includes publicly elected representatives, civil servants and university professors. The education ministry will make a final decision after consultation with legal specialists.
But yesterday's announcement sparked an outcry from lawmakers, who accused the education ministry of "confusing the means with the end," because, they said, the ministry should be well aware that "lawmakers are not the roots of malpractice in private schools."
"It is not possible for the bill to be passed by the legislature, because the ministry has infringed upon the people's freedom of employment as granted by the Constitution," said KMT lawmaker Hsu Shu-po (許舒博), convener of the legislature's education and culture committee and a board member of the private Transworld Institute of Technology (環球技術學院).
Over the past year, financial scandals and other irregularrities involving board members of private schools have been the focus of attention in education circles. Some schools have been penalized with the suspension of their right to recruit students, while management of others has been taken over by the education ministry due to irregularities concerning their boards.
As many of the board members of private schools are also legislators, many expect "special help" in solving the schools' problems. According to a list issued by the ministry, a dozen lawmakers currently serve as board members of private schools nationwide.
In an effort to prevent board members from exploiting schools for their own financial gain, the draft also bars school board directors, board members, their spouses and close relatives from serving as their schools' principals, vice principals, accountants and personnel directors.
The draft also allows private schools to establish branches overseas, including in China. This was done in preparation of Taiwan's entry into the WTO and in line with the resolution of the Economic Development Advisory Conference, which ended on Sunday to open up trade with China.
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