NON-STATE ACTORS IN EDUCATION
2.2 Non-state education provision
3.1 Regulations by distinct levels of education
- Early childhood care and education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Primary and secondary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Tertiary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
3.3 Supplementary private tutoring
The Basic Act on Education (Act No. 120 of 2006) and the School Education Law (Law No. 26 of 1927) regulates the provider of schools at all education levels and defines schools as established by the national government ("national schools"), local governments ("public schools") and incorporated educational institutions (IEI) ("private schools"). More specifically, the Private Schools Act (Act No. 270 of 1949, Art. 2-3) defines “Private School” as a school established by an IEI, a corporation which is formed for the purpose of establishing a private school.
2.1 State education provision
State schools
In Japan, most schools in primary (6 years beginning at age 6, called elementary schools) and lower secondary education (3 years beginning at age 13, called middle schools) are public schools – 98% and 92%, respectively. They are free and compulsory, and established by national or local governments. Upper secondary education (3 years beginning at age 16, called high schools) is not compulsory, and the share of state schools is smaller (73% of all high schools). A few national schools, affiliated with the faculties of education in national universities, exist in Japan.
Non-state managed, state schools
In 2013 as part of “Japan’s Revitalization Strategy” and the National Strategic Special Zones (NSSZ) initiative, the government aimed to expand business opportunities in specific deregulated zones. The NSSZ Act (Act No. 107 of 2013) allows local governments to establish privately-managed public international education schools which can be 6-year secondary-schools or high schools (Art. 12.3). Those able to manage public institutions include businesses which can be incorporated associations, general incorporated foundations, or specified nonprofit corporation.
Non-state funded, state schools
No information was found.
2.2 Non-state education provision
Independent, non-state schools
Similar to the National Strategic Special Zones (NSSZ) initiative, in 2003 another area-specific deregulation, i.e. the Special Zones for Structural Reform (SZSR, Law No. 189 of 2003), allowed private incorporated companies (Art. 12) and non-profit organizations (Art. 13) to establish and run schools in government-approved SZSRs at all education levels. Any prefecture or municipality can apply to the government to be registered as SZSR.
State-funded (government-aided), non-state schools
A larger share of schools in upper secondary education (30%) are private schools which are owned and managed by incorporated educational institutions (IEI). Private schools are not financially independent as they receive funding from MEXT and local governments for operational costs or through other financial operations. Upper secondary schools also receive government tuition support for families earning below a certain income threshold to make this education level free.
International schools in Japan are not automatically recognized as formal education because they are registered as Miscellaneous Schools (kakushu-gakko). These schools are non-accredited or unregistered educational institutions that provide education similar to that offered by “Article 1 schools” (compulsory primary and lower secondary state schools) under the School Education Law. Some Miscellaneous Schools are recognized as formal education or designated the qualification to enroll in Japanese universities. Regardless of their status, some of these schools receive grants from local governments.
Some private schools include all education levels to ease student transition by limiting the required selective entrance examination for high school and university. However, entry into these schools may be highly competitive at the primary education level.
Primary and secondary private schools are allowed to have a religious affiliation, and while MEXT does not collect data on these types of schools, the Religious Information Research Centre indicates there are about 735 religious private schools. As indicated by the Ordinance of Enforcement of the School Education Act of 1947, religious schools provide religious education, instead of moral classes, as part of the regular curriculum. Religious schools also exist as single-sex schools.
Contracted, non-state schools
No information was found.
2.3 Other types of schools
Homeschooling
While homeschooling is not illegal, it is not formally permitted by the School Education Law which states that parents/guardians must send their children to school (Art. 17).
While there have been no changes due to impact of COVID-19 on homeschooling, Japan’s government has implemented the GIGA (Global and Innovation Gateway for All) School Program, which aims to ensure all children have an environment that allows them to study online at home, including with a computer and support for low-income families.
Market contracted (Voucher schools)
No information found.
Unregistered/unrecognised schools
As mentioned in the description of private schools, some schools may operate which are not recognised or licensed, but official statistics from MEXT were not identified.
Community schools
Since 2004, to further increase community engagement in schools, MEXT has promoted the School-Community Partnership and the creation of community schools. These schools have a school management council system organized by representatives drawn from the local community and parents. A 2016 study also indicated the increase in community schools to create a system between the school and the community.
Free school
In addition to the formal education provision, there are alternative educational environments called “free school” for students who refuse or cannot attend formal schools. Since there is no clear definition of free school, the providers vary from private individuals, non-profit organizations, and voluntary groups. For students who keep their registration at a formal school while attending free schools, MEXT has allowed attendance at free schools to count as proper school attendance since 1992 for primary and lower secondary education, and since 2009 for upper secondary education.
Japan has a centralized education system governed by Ministry of Education, Culture, Sports, Science and Technology (MEXT) although some governance is shared with regional and local governments. Within MEXT, the Private Education Institution Department under the Higher Education Bureau is responsible for regulating all private schools, from early childhood education to higher education, and has three divisions focused on administration, aid and management. In addition to MEXT, the Ministry of Health, Welfare and Labor (MHWL) is responsible for early childhood care and education (ECCE) centres, and the headquarters for child and child-rearing of the Cabinet Office ensures consistency between MEXT and MHWL.
Local governments, including the 47 prefectures and more than 1741 municipals (e.g. wards, cities, towns or villages), have a shared responsibility for the implementation of compulsory education (Art. 5.3). The School Education Law (1927) specifies that private schools from early childhood education to secondary education are administered by the prefecture, while higher education is the responsibility of the MEXT (Art. 4). Boards of education are established at the prefecture and municipal levels and are responsible for the administration of school education. They are comprised of four board members and the superintendent of education.
Vision: At all education levels, the Basic Act on Education (2006) and the School Education Law (1927) defines the fundamental principles of both state and non-state education and the school system structure. The School Education Law stipulates kindergartens to universities (including junior colleges) and colleges of technology, and special needs education as “Article 1 Schools,” and regulates school providers: national government, local government, and IEI. In ECCE, the Child Welfare Law (1947, amended in 2007) also governs all types of provision at this education level.
The Basic Act on Education (Art. 8) also states that local governments should encourage private school education through subsidies and other initiatives. Through initiatives such as the NSSZ and the SRSZ, Japan’s governments have promoted partnerships with private sectors as well as communities. The government’s 2017 White Paper on Education, Culture, Sports, Science and Technology) also indicates the promotion of private schools as a key policy goal.
3.1 Regulations by distinct levels of education
In Japan, early childhood care and education (ECCE) includes kindergartens (3 years beginning at age 3), ECCE centres for 0-5 year-olds, and day care centres for 0-5 year-olds. There are also few local discretionary ECCE centres which are not authorised at the national level. Since 2006, ECCE system has been developed, reflecting a gradual decrease in the differences between kindergarten and day care centers, and which created ECCE centres. The majority of kindergartens (65% of all kindergartens) are private institutions established and managed by IEIs. There are also municipal-level childcare services, corporate childcare, and unlicensed childcare institutions. Under the NSSZ and the SRSZ, there have been efforts to build nurseries to increase access, but the extent to which the private sector or other non-state actor is engaged in these efforts is unclear.
Regulations referring to kindergartens are included in the section Multi-level regulations.
Registration and approval: Kindergartens can be established by national and local government and IEIs, and are regulated by MEXT under the School Education Law (see section on Multi-level regulations). Other types of ECCE are regulated by the Ministry of Health, Labour and Welfare (MHWL) in the case of daycare centres under the Child Welfare Law (Act No. 164 of 1947, amended in 2007), and by MEXT and MHWL in the case of ECCE centres under the Act on Advancement of Comprehensive Service Related to Education, Child Care, etc. of Preschool Children (referred to as the Comprehensive Act below, Act No. 77 of 2006). The Child Welfare Law (1947) states that a person can establish a child welfare institution (including day care or nursery centres) based on the Ordinance of the MHWL and with the prefectural governor's approval (Art. 35). Except for the national ECCE centres, the local government (prefecture or municipal) is primarily responsible for registration and administration.
Licence: No information found.
Profit-making: No information found.
Taxes and subsidies: As part of the Comprehensive Act, the prefecture governments can provide the different types of ECCE services, including public and private kindergartens, and ECCE centres, with subsidies, known as facility-type benefits which follow the student. Private kindergartens can also use the Private Education Institution Aid which enable sit to continue as an independent private school (see section on Multi-level regulations). Private daycare centres are provided subsidies for management costs through municipalities.
Quality of teaching and learning
Curriculum and education standards: The curriculum frameworks followed depends on the type of ECCE centre: National Curriculum Standards for ECEC centres, National Curriculum Standard for Kindergartens (revised in March 2017), and National Curriculum Standards for Day-Care Centres.
Teaching profession: Teachers in the different types of ECCE centre have to meet qualifications set by different laws: kindergarten teachers are under the Education Personnel Certification Law (see section on Multi-level regulations), and childcare workers are regulated by the Child Welfare Law (Art. 18). Kindergarten teachers must be qualified by the national teacher’s licence while childcare workers in daycare centres must graduate from a training school for Nursery Teacher Training Facility designated by the MHLW or pass a nursery teacher examination (Art. 18-6). Information in the nursery teachers are kept in a registry by the MHLW and the teacher receives a certification of registration.
Fee-setting: Since 2019, ECCE is meant to be free-of-charge for children 0-2 from households with low-income and for all children from age 3 until they enter primary schools, and corporate childcare institutions receive a fixed amount for fees depending on the child’s age. To receive tuition for children as part of the free-fee ECCE, kindergartens must be under the new system of support or complete the necessary procedures for licensing and reimbursement through the local government (municipal office). Unlicensed childcare centres must apply through the prefecture and meet national standards to be eligible for support for tuition fees. Families may pay the difference between the costs and the subsidy given to the school which is based on a national standard and the families’ income level. See Taxes and subsidies section for more information.
Admission selection and processes: Enrolment in ECCE services are determined by the municipalities.
Policies for vulnerable groups: To facilitate access to ECCE services, households are supported based on their income levels and the number of children they have. Municipalities set this amount based on national standards.
Quality assurance, monitoring and accountability
Reporting requirements: The prefectural governor may request nursery or daycare centre providers to submit specific reports to assess the welfare of the children, facilities, books, documents and other objects (Child Welfare Law, Art. 46).
Inspection: The prefectural government can inspect ECCE centres. If the nursery or daycare centre fails to meet the minimum standards set by the MHLW (Art. 45), the prefectural governor can recommend or order improvements. If improvements are not made, suspension of services can be introduced with advice from the Prefectural Child Welfare Council (Child Welfare Law, Art. 46).
Child assessment: No information was found.
Sanctions: If there are intentions to abolish or suspend a nursery or daycare centre (or a child welfare institution), the municipal government notifies the prefectural governor no less than one month before the closure or suspension date. If a person intends to close an ECCE centre, they must receive approval from the prefectural governor (Child Welfare Law, Art. 35).
See section on Multi-level regulations, for more information on the quality assurance of kindergartens.
Registration and approval: See section on Multi-level regulations.
Licence: See section on Multi-level regulations.
Water, sanitation and hygiene (WASH): No information was found.
Profit-making: See section on Multi-level regulations.
Taxes and subsidies: See section on Multi-level regulations.
Quality of teaching and learning
Curriculum and education standards: See section on Multi-level regulations.
Textbooks and learning materials: The government provides all compulsory-level schools (both public and private) with textbooks which are examined and approved by MEXT and its Textbook Approval and Research Council. Schools are provided with a choice of different types of textbooks that are linked to the school curriculum, and the government then orders from private-sector publishers.
Teaching profession: See section on Multi-level regulations.
Corporal punishment: Corporal punishment is prohibited in schools, according to the School Education Law (1927) (Art. 11). The Child Abuse Prevention Law 2000 and the Child Welfare Act 1947 adopted in June 2019 also include regulations regarding the prohibition of corporal punishment by parental authority.
Other safety measures and Covid-19: Due to school closures, employees of companies have been given paid leave through a subsidy (up to 8,330 yen per day) provided by the MHLW if they have children attending ECCE services, primary schools and special needs schools (through high school), but not for parents with child in middle and/or high schools.
Fee-setting: No information was found.
Admission selection and processes: See section on Multi-level regulations.
Policies for vulnerable groups: MEXT directly supports access to private high school by increasing the maximum amount of subsidies students and households can benefit from in 2020, as part of the program to make private school tuition-free so as to make them like public high schools. (More details on support for students can be found in the Equity in finance profiles.)
Quality assurance, monitoring and accountability
School board: Under the Act on the Organization and Operation of Local Educational Administration, each school should have a School Management Council (SMC) which aims to incorporate the views of parents/caregivers and communities. The Private Schools Act states that prefectural governments have private schools councils that set out the frameworks for K-12 private schools. Council members are chosen by the governor for their relevant knowledge and experience in education, and there should be between 10 and 20 members. The governor also selects the chairperson and can dismiss members, following discussions with the Private School council.
As part of the School-Community Partnership, the SMCs for community schools provide support for schools, develop comprehensive plans on collaboration between school and communities, and propose opinions on school management and teacher appointments.
Reporting requirements: See section on Multi-level regulations.
School inspection: See section on Multi-level regulations.
Student assessment: See section on Multi-level regulations.
Diplomas and degrees: See section on Multi-level regulations.
Sanctions: See section on Multi-level regulations.
In Japan, the majority of tertiary education institutions are private (78% of universities and 95% of junior colleges). No information was found on the types of .
Registration and approval: See section on Multi-level regulations.
Licence: See section on Multi-level regulations..
Profit-making: See section on Multi-level regulations.
Taxes and subsidies: See section on Multi-level regulations.
Quality of teaching and learning
Curriculum and education standards: See section on Multi-level regulations.
Teaching profession: See section on Multi-level regulations.
Fee-setting: Although tuition fees are their most prominent source of revenue, government subsidies are essential for the sustainability private higher education institutions.
Admission selection and processes: See section on Multi-level regulations.
Quality assurance, monitoring and accountability
Board: Universities are autonomous and independent.
Reporting requirements: See section on Multi-level regulations.
School inspection: See section on Multi-level regulations.
Student assessment: See section on Multi-level regulations.
Diplomas and degrees: See section on Multi-level regulations.
Sanctions: See section on Multi-level regulations.
3.2 Multi-level regulations
This section mainly refers to the Private Schools Act (1949) which refers to kindergartens, private schools and private universities. Additional regulations are included if they refer to multiple education levels.
Registration and approval: Any non-state actor must establish incorporated educational institutions (IEI) by meeting the criteria stated in the Private Schools Act (1949), Ordinance of Enforcement, Regulations for Enforcement (1947), and national standards which also apply to public schools. The application for establishment must include the purpose of the school, school rules, methods of estimating and maintain costs, time of openings, curricula, admission criteria, tuition and admissions fees, evaluation and accreditation, etc. Non-state actors must request approval from their relevant authority to become a school provider. The Private Schools Act states that IEIs must own the facilities and equipment, and have the funds to be able to establish and operate a private school. The Private Schools Act also states that “an incorporated educational institution shall possess the facilities and equipment necessary for the private school that it establishes or the funds required therefor, as well as the property necessary for the management of the private school that it establishes” (Art. 25.1).
When authorities decide on private schools including the review of IEI’s eligibility, school establishment, and grant approval, prefectures must seek the advice of the Private School Council for institutions at the primary and secondary education levels, and the Council for University Establishment and Incorporated Education Institution for MEXT.
Other non-state provision, such as the specialized training colleges (i.e. "upper secondary specialized training schools (Koto-senshu-gakko)" and "professional training colleges (Senmon-gakko)“) are not “Article 1 Schools” and the non-state provider is not regulated to IEI unless they meet the national standard for the establishment and are approved by the prefecture.
Licence: No information was found.
Profit-making: The Private Schools Act does not prohibit IEIs from conducting businesses or profit activities as long as those businesses/activities types are within the category approved by the relevant authority, are used for the management of school, and does not impede on education provision (e.g. the high cost of the activity or effects on the quality of education) (Art. 26.61).
Taxes and subsidies: Law for Promoting Public Subsidies for Private Schools (1976) was enacted to support the increasing operating expenses of private schools due to the rapid increase of commodity prices and labor cost. The law provides a legal foundation for public subsidies from the prefecture to private schools in primary and secondary, national subsidies to private institutions of higher education, and tax reductions for IEIs. The type and amount of the grants to private schools depend on the prefecture’s rules. These subsidies are important for private schools in primary and secondary education as it can amount to one third of their income. The subsidized private schools are required to submit a report on the school's operation and account to the authorities. However, private institutions maintain school autonomy.
Moreover, while the IEI is primarily responsible for financing their school, the Promotion and Mutual Aid Corporation for Private Schools of Japan (PMAC, 1998) plays the central role in distributing various types of support to private provision in Japan. Schools receive loans through the PMAC. It also provides subsidies for private universities for operating costs (e.g. personnel expenses, education and research expenses and other such expenditures); loans to educational corporations, quasi-educational corporations and organizations that conduct programs to promote private schools (e.g. buildings and facilities); grants for educators for training programs or to support pension aid; donations designated to specific educational corporations; management consulting services; and other support services, such as scholarships for young researchers or other type of research. As the government recognizes their important role in higher education, the grant amount is nearly triple the supporting subsidies given to the prefecture to support private schools.
Quality of teaching and learning
Curriculum and education standards: Private schools and private universities are free to set up their policy on diploma, curriculum, and admission. However, schools must follow the National Curriculum Standards when they design their curricula. Although there are no national curriculum standards in higher education, all universities must publicly proclaim nine elements including the university missions and curriculum of their programs.
Teaching profession: Teachers must be nationally licensed, however private schools have more flexibility than public schools regarding teacher contracts. Further, public school teachers are civil servants while private school teachers do not have such a status. Teachers are hired by the prefecture’s board of education and they change school every several years. The government provides subsidies to private schools to cover teacher salaries. In higher education, universities must design a program or an activity that leads to developing the quality of their faculty.
Fee-setting: No information was found.
Admission selection and processes: Private schools and universities are free to set up their own admission policy.
Quality assurance, monitoring and accountability
Reporting requirements: The School Education Act states that “The competent authorities may request a Private School to submit any necessary written report concerning educational surveys, statistics and other matters” (Art. 6).
Inspection: In Japan, the prefectures, municipalities and schools have autonomy to implement evaluations and assessments. The School Education Law (1927) and the Regulations for Enforcement (1947) suggest that education institution conduct their school evaluations and share the results.
Within the prefecture and municipals are boards of education supervisors who are responsible for the evaluation and inspection of schools. Former teachers and administrators form part of the board of education supervisors.
The Private Schools Act also discusses the role of auditors who are appointed by the president with consent from the board of councilors (Art. 38.5-6), which are needed for the IEI (Art. 41).
Assessment: The National Assessment of Academic Ability carries out examinations in Japanese, science and mathematics for students in grade 6 and 9. These assessments are not for accountability purposes but are shared with the schools.
Diplomas and degrees: No information found.
Sanctions: The School Education Law (1927, Art. 4, 13-15) states that private schools as well as private and or public universities and colleges of technology may be closed based on the intentional violation of provisions of laws and regulations, an order issued by an authority has been violated, or classes have not been given in six months or more. In the cases of schools established by a municipality, a prefectural board of education or a prefectural governor is responsible and the MEXT may order the school to change its behaviour. The MEXT is responsible for making recommendations for improvement to public or private universities and colleges of technology which have violated the provisions of laws and regulations. They can also close the university.
3.3 Supplementary private tutoring
Although MEXT policy aims to reduce competitive pressures, particularly for university entrance, supplementary private tutoring (juku) remains an important feature of the education system with a market value of 991.9 billion JPY (2017) and 46,734 juku with 327,500 employees (2018).
MEXT has also made different efforts to carry out tutoring programs through public-private partnerships. One such programme is a publicly-funded after school programs which takes place in public facilities in partnerships with non-profit organisations, jukus, and local community members. The other programme is a “local tutoring program for the future” (chiiki mirai juku) which focuses on supporting students’ study habits, and in some cases may partner with juku and the Japan Juku Association. Municipalities also partner with juku and other stakeholders to subsidize classes for students.
MEXT is increasingly involved in private tutoring, but the sector is regulated by the Ministry of Trade and Industry (METI) and commercial regulations. Providers are self-regulated through professional associations, such as the Japan Juku Association (JJA) which have set up standards for appropriate business activities and certify juku which provide safe and secure services. The JJA also monitors working conditions.
Anyone can register their supplementary private tuition institution as Miscellaneous Schools (Kakushu-gakko) with prefectures, but the standard for registration differs by each prefecture.
Financial operation and quality
Private tutoring providers have full autonomy on qualifications of admission and teacher qualifications.
The Consumer Affairs Agency regulates tutoring providers in Japan, their advertisements and commercial activity under the Act against Unjustifiable Premiums and Misleading Representations (Japan, 1962) and the Unfair Competition Prevention Act (Japan, 1993).
Special Act for Education Personnel does not prohibit teachers in “Article 1 Schools” and ECCE to engage in private tuition to gain an income as an additional occupation unless it is approved by their appointer which is in most cases a prefectural board of education (Art. 17).
In Japan, home tutors and juku providing services for more than two months are subject to the law on specified commercial transactions as providers of specified continuous services (Zhang, 2018).
This profile was drafted by Miwa Okajima during her internship with the GEM Report.
