國家教育研究院

　　本研究在探討公私立高級中學合併的可行性評估。主要研究目的有五：ㄧ、探討公立高級中學現行法制與學校本質。二、探討私立高級中學現行法制與學校本質。三、探討公辦民營高級中學現行法制與學校本質。四、釐清公私立高級中學合併的問題點。五、研議公私立高級中學合併的可行性。

　　本研究發現，在台灣，公私立高級中學合併目前已有法源依據，而且可行，只是主管教育行政機關沒有強制性，私立學校辦學團體亦普遍缺乏意願，因而到目前為止，還找不到合併的案例。若仔細加以分析，導致此現象的主因有三：一是過去台灣的高級中學都處在擴張期，一直以來學生來源都不缺，公私立高級中學並無招不到學生經營不下去的壓力，自然不會有合併的情形；二是公立高級中學是由政府以公款設立辦學，私立高級中學是由私人捐資興學（心態上很容易變成投資辦學），兩者設立的法源依據與辦學主要的經費來源完全不同，兩者若要合併所涉及的法令規定頗為繁多，其中有關校地校舍及設備的校產部分存在太多利害問題，若合併充公，對私校董事會成員權益損失太大，導致私立高級中學無合併意願 ﹔三是目前依私立學校法的規定，私校停辦後還有好幾條可行的變通途徑，公私立合併只是其中一途，且是私校辦學團體最不願走的一條路。所以，除非不得以不會踏上此途。基於上述因素，導致公私立高級中學合併雖有法源依據卻無併成的前例。本研究最後根據研究發現，歸納出七點結論，並提出三點建議供參。

　　This study aims to research the feasibility evaluation of the incorporation of public and private high schools. There are five main purposes for this study: 1. to research the current law systems and school nature of public high schools. 2. to research the current law systems and school nature of private high schools. 3. to research the current law systems and school nature of the high schools which are sponsored by the government and run by the private sector. 4. to make clear the key problems of the incorporation of public and private high schools. 5. to study the feasibility of the incorporation of public and private high schools. This study is conducted via face-to-face interviews and telephone interviews.

　　This study finds that in Taiwan the incorporation of the public and private high schools currently has law origin and is feasible; however, the administration of the educational authorities can not force it to be done, and the sponsoring groups of the private schools commonly lack willingness. Therefore, until now, we can not find any case of incorporation. If we analyze the phenomenon carefully, we can find three major causes: 1. In the past the high schools of Taiwan were in the stage of expansion, so they did not lack the source of enrollments, and they did not have the pressure of low enrollments and closing the schools. Naturally, the so-called incorporation can never happen. 2. The public high schools are run by the public funds of the government, while the private high schools are run by private funds (psychologically, it tends to be an investment on running a school). So, the law origin and the sources of funds are totally different. If the public and private high schools intend to be incorporated, the law and regulations involved are complicated. There are too many controversial conflicts existing in school properties such as campus site, buildings, and facilities. If they are incorporated to the government, the boards of the private schools will have a great loss. So, the private high schools lack the willingness of being incorporated. 3. Currently, according to the regulations of the laws of private schools, there are still several flexible paths to go after the closing of the private schools. And the incorporation of public and private schools is only one of the ways, and this is the way which the sponsoring groups of the private schools dislike most. Therefore, unless they are forced to do so, they won’t choose this way. Based on the above-mentioned factors, the incorporation of public and private schools lacks any precedent despite the law origin. Finally, according to the findings, this study advances seven points in conclusion, and presents three suggestions as references.