DECREE ON STANDARDS FOR SPECIAL SCHOOL FACILITIES AND EQUIPMENT
Presidential Decree No. 13736, Oct. 1, 1992
Amended by Presidential Decree No. 15336, Apr. 4, 1997
Presidential Decree No. 15483, Sep. 23, 1997
Presidential Decree No. 15923, Nov. 3, 1998
Presidential Decree No. 17115, Jan. 29, 2001
Presidential Decree No. 19959, Mar. 27, 2007
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 27654, Dec. 5, 2016
Presidential Decree No. 27751, Dec. 30, 2016
| (1) | The site of a special school (hereinafter referred to as “school”) described in Article 1, shall consist of land for educational facilities and physical education playgrounds; and be located to facilitate security, soundproofing, ventilation, lighting, fire-fighting, drainage of the educational facilities, and student commuting. <Amended by Presidential Decree No. 27654, Dec. 5, 2016> |
| (2) | Basic area required of a school site shall be as follows, classified by the number of classes (excluding circuit classes for circuit education provided for in Article 25 (2) and (3) of the Act on Special Education for Persons with Disabilities, Etc.): Provided, That, where only a kindergarten is established and operated in a school, the basic area shall be the least-required area for facilities, equipment, and recreational playgrounds of the school. <Amended by Presidential Decree No. 27654, Dec. 5, 2016> |
| 1. | Up to 12 classes: 4,000 m²; |
| 2. | From 13 classes to 24 classes: 4,000 m² + (number of classes exceeding 12 x 300 m²); |
| 3. | More than 24 classes: 7,600 m² + (number of classes exceeding 24 x 200 m²). |
| (3) | The school shall have physical education playgrounds to facilitate physical activities of students (for a school where only a kindergarten is established and operated, it means recreational playgrounds); standards for facilities and equipment thereof shall be prescribed by the Superintendent of Special Metropolitan City, Metropolitan City, Special Self-Governing Si/Do, and Special Self-Governing Province (hereinafter referred to as “Superintendent of Education of Si/Do”): Provided, That if a school where only a kindergarten is established and operated, has a playroom, it need not establish the recreational playground. <Amended by Presidential Decree No. 15336, Apr. 4, 1997; Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 19959, Mar. 27, 2007; Presidential Decree No. 27654, Dec. 5, 2016> |
| (4) | Basic area of the school site may be reduced by up to one-third, if the competent authority acknowledges that doing such does not affect education and extenuating circumstances make it impractical to obtain the basic area required in the main sentence of paragraph (2). <Amended by Presidential Decree No. 15336, Apr. 4, 1997> |
| Article 3 (Hands-on Training Sites) |
Where necessary for hands-on activities by students for career and vocational training, such as raising animals or growing plants, the school shall arrange sites for such activities.
[This Article Wholly Amended by Presidential Decree No. 27654, Dec. 5, 2016]
| Article 4 (Types of and Standards for Education-Related Facilities) |
| (1) | The types of and standards for facilities that the school shall establish for education of students, shall be as specified in attached Table 1: Provided, That in consideration of local conditions and types of disability of the students, etc., the standards for area by type of facility may be adjusted by one third as prescribed by Si/Do ordinance. <Amended by Presidential Decree No. 19959, Mar. 27, 2007; Presidential Decree No. 27654, Dec. 5, 2016> |
| (2) | The items, quantities, etc. of facilities, equipment, etc. that shall be placed in each facility under paragraph (1), shall be prescribed by the Superintendent of Si/Do. <Amended by Presidential Decree No. 15923, Nov. 3, 1998; Presidential Decree No. 19959, Mar. 27, 2007> |
| Article 5 (Types of and Standards for Facilities and Equipment for Safety and Convenience) |
The types of and standards for facilities and equipment that shall be established for the safety and convenience of students, etc., by the school, shall be as specified in attached Table 2.
[This Article Wholly Amended by Presidential Decree No. 27654, Dec. 5, 2016]
| Article 6 Deleted. <by Presidential Decree No. 27654, Dec. 5, 2016> |
| Article 7 (Measures against School below Standards) |
Pursuant to Article 63 of the Elementary and Secondary Education Act and Article 30 of the Early Childhood Education Act, the Superintendent of Education of Si/Do may issue an order for any school non-compliant with the standards required in this Decree to correct or change within a set period, so as to meet such standards; and may issue an order to reduce the fixed number of students, suspend recruiting students, etc., where any such school fails to comply without any justifiable ground; and may reflect such in the administrative and financial support policy. [This Article Wholly Amended by Presidential Decree No. 27654, Dec. 5, 2016]
| Article 8 (Reexamination of Regulation) |
The Minister of Education shall examine appropriateness of the following matters every three years from the following base dates (this means periods that end the day before every third anniversary from the base date), and take measures accordingly, such as making improvements:
| 1. | School sites prescribed in Article 2: January 1, 2017; |
| 2. | Hands-on training sites prescribed in Article 3: January 1, 2017; |
| 3. | Types of and standards for school facilities prescribed in Article 4: January 1, 2017. |
[This Article Wholly Amended by Presidential Decree No. 27751, Dec. 30, 2016]
ADDENDUM
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (3) | (Transitional Measures regarding Facilities and Equipment below Standards) When facilities and equipment of the school fall short of any of the standards required under this Decree, as at the time this Decree enters into force, such shall be supplemented to meet the standards until Dec. 31, 1997. |
ADDENDUM <Presidential Decree No. 15336, Apr. 4, 1997>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 15483, Sep. 23, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 5 Omitted.
ADDENDUM <Presidential Decree No. 15923, Nov. 3, 1998>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 19959, Mar. 27, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 27654, Dec. 5, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Exception for Types of and Standards for Facilities and Equipment for Safety and Convenience)
Notwithstanding the amended Article 5 and attached Table 2 (excluding Subparagraph 11 (b) through (d); hereinafter the same shall apply), types of and standards for facilities and equipment for the safety and convenience of any school falling under any of the following Subparagraphs as the school in operation as at the time this Decree enters into force or in the process of the establishment procedure, upon receipt of the approval of school establishment plan or the authorization of school establishment before this Decree enters into force, may be notified to the public by mitigating amended Article 5 and attached Table 2 and by separate determination by Si/Do Superintendent of Education: | 1. | School recognized by the Superintendent of Education of Si/Do as being difficult to establish facilities and equipment for the safety and convenience of the school, in accordance with amended Article 5 and attached Table 2 in terms of conditions of the structure of school facilities or the school finance; |
| 2. | School recognized by the Superintendent of Education of Si/Do as having concerns about interfering with the safety and convenience of students, etc. by the fact that the establishment of facilities and equipment for the safety and convenience affects other facilities and equipment pursuant to amended Article 5 and attached Table 2. |
Article 3 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.