依據我國現行法制，以學校型態辦理實驗教育者，計可區分為公立、私立及委辦等三種類型；而基於公、私立學校教育的不同憲法定位，國家秉持之監督程度自應有所差異，相關法制設定的規範特許幅度，亦當對應呈現私立、委辦、公立等三種由高至低之不同層級。惟經針對《學校型態實驗教育實施條例》與《公立高級中等以下學校委託私人辦理實驗教育條例》的分析結果發現，有關私立實驗學校之規範特許幅度，形式上雖稍高於公立實驗學校，然其實質差異程度，恐仍不利於私立者之申辦；此外，綜整三種學校型態實驗教育之法定特許內涵，亦未見諸其所應呈現的層級化規範幅度。

According to our current laws and regulations, school-based experimental education can be divided into three types, i.e., public, private and charter schools. As the public and private schools have different constitutional positions, they should be under different levels of supervision by the government. Related regulations should reflect a different level of flexibility based on the hierarchy of private, charter and public schools. Yet, by analyzing “Enforcement Act for School-based Experimental Education” and “Act Governing the Commissioning of the Operation of Public Schools at Senior High School Level or Below to the Private Sector for Experimental Education”, it was found that although private schools have a slightly higher level of flexibility in contrast to public schools, it may not be flexible enough for private schools. Additionally, the level of flexibility in regulations for the three types of school does not reveal a hierarchy as it is supposed to be.