This study focused on the process, the influenced factors and related problems of legitimacy of educational policy, then to provide some suggestions for legitimacy of educational policy. In the aspect of research methods, literature review, questionnaire survey, semi-structured interview were be used in this study. Respondents in this study include 270 educational administrators and 10 in-depth interviewees. It is analyzed the dates from the questionnaire by percentage, Chi-square test. I drew some important conclusions from the results of this study as follows: 1、The legislative process of educational policy have four steps, including the stage of the Ministry of Education, the stage of the Executive Yuan, the stage of the Legislative Yuan and the stage of the President promulgation. 2、The most influenced factors the legislative process of educational policy are the administrative agency, the interest group, the party, the public medium, the academic group and the stakeholder. 3、In the legislative process of educational policy, the administrative agency usually uses gathering the public opinions by discussion meeting, and seldom uses internet. 4、In the legislative process of educational policy, the administrators have rather sufficient manners of profession, and the law must be enhance. 5、The interest group usually uses the petition, the public hearing and the public medium to influence the legislative process of educational policy. 6、The academic group usually uses accepting making informal law by administrative agency, participate to academic symposium and the public hearing to influence the legislative process of educational policy. 7、The quality and efficiency of the legislative process of educational policy: the administrative agency is rather satisfaction, and the legislative agency is not satisfaction. 8、The present problems in the legislative process of educational policy include political thinking more educational profession thinking, the interest groups influenced too munch, The law of skills of educational administrators is not adequate, the related information is not adequate to open, the participating persons and represents is not adequate. 9、To improve the quality and efficiency of the legislative process of educational policy, including detailed planning in legislative preparation, the legislative process should be open, the participating persons and represents should be added, The law of manners and skills of educational administrators should be elevated, to revise the law because of social environment.