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Chapter Law Content

Chapter 2 Training and Qualifications
Article 6
The qualifications of preschool principals shall meet all the following requirements:
1. Qualified preschool teacher or educare giver.
2. Served as teacher or educare giver in educare service institutions(including child care centers and kindergartens)for more than 5 years; or, having graduated from divisions, departments, or graduate programs specializing in early childhood education and care, and served as the responsible person in preschools for more than 5 years.
3. Passed examinations in preschool principal training courses in divisions, departments, graduate programs, or degree programs specializing in early childhood education and care offered by junior college or above established or commissioned by the municipal or county(city)competent authority and approved by the central competent authority.
In addition to the aforementioned requirements, those who fulfill one of the following requirements shall also be qualified as a preschool principal:
1. Directors of child care centers and kindergartens approved by the municipal or county(city)competent authority in accordance with the law prior to December 31, 2011, continued to serve since January 1, 2012, and whose titles have been converted to preschool principals.
2. Directors of child care centers and kindergartens approved by the municipal or county(city)competent authority in accordance with the law, individuals who have completed the E Training Program of the Child Welfare Specialists Training Implementation Program, or individuals who have completed the core training courses for directors of child care organizations and obtained certification in accordance with the Regulations for Child and Youth Welfare Institute Professional Personnel Qualification and Training prior to December 31, 2011, and fulfill one of the requirements listed in the following items, may submit rosters of preschool educator personnel qualifications with relevant training certifications through the preschool of employment to the municipal or county(city)competent authority and apply for qualification as principal:
(1)Directors who discontinued their service prior to January 1, 2012 and therefore whose titles were not converted to preschool principals in accordance with the preceding Subparagraph, and have regained employment at preschools and serve as preschool principals prior to December 31, 2021.
(2)Educare givers at child care centers and teachers at kindergartens who have continued to serve since January 1, 2012, and serve as preschool principals prior to December 31, 2021.
In the case of any of the following, the length of service shall count towards the 5 years of service as referred to in Subparagraph 2 of Paragraph 1:
1. Length of service as a substitute teacher at a kindergarten prior to December 31, 2011 who meets all the following requirements:
(1)College degree or above.
(2)Graduated from schools, departments, graduate programs, degree programs, or divisions, or have a certificate in minor program specializing in early childhood education and care offered by junior college or above during the length of service as a substitute teacher.
(3)The service of the substitute teacher is reported to the municipal or county(city)competent authority, and the length of service as a substitute teacher is more than 3 consecutive months.
2. Length of service as an educare giver at a child care center prior to December 31, 2011, who meets all the following requirements:
(1)Graduated from schools, departments, graduate programs, degree programs, or divisions, or have a certificate in minor program specializing in early childhood education and care offered by junior colleges or above during the length of service.
(2)The service is reported to the municipal or county(city)competent authority.
3. Qualified teacher or educare giver who served as a substitute for preschool teacher or educare giver after January 1, 2012, and the service of the substitute teacher is reported to the municipal or county(city)competent authority, and the length of service as a substitute teacher is more than 3 consecutive months.
4. Served at a baby care center after January 1, 2012 and concurrently fulfills the following qualifications and length of service for childcare givers:
(1)Has one of the following academic credentials:
i. Enrolled prior to July 31, 2013 and graduated from schools, departments, graduate programs, degree programs, or divisions related to early childhood education and care, or have a certificate in a minor program specializing in early childhood education and care offered by junior colleges or above.
ii. Enrolled after August 1, 2013 and graduated from schools, departments, graduate programs, degree programs, or divisions recognized by the central competent authority related to early childhood education and care, or have a certificate in a minor program specializing in early childhood education and care offered by junior colleges or above.
(2)The service is reported to the municipal or county(city)competent authority.
Regarding Subparagraph 2 of Paragraph 1, proof of length of service shall be certified by the educare service institution or by labor insurance verifications issued by the Bureau of Labor Insurance, both of which shall be verified by the municipal or county(city)competent authority.
Regarding Subparagraph 3 of Paragraph 1, professional training, qualifications, courses, number of hours, costs, and other relevant matters shall be stipulated by the central competent authority.
Article 7
The principal of a public preschool shall be a current teacher or contract educare giver of said preschool.
The municipal or county(city)competent authority, or municipal mountain indigenous district offices, shall appoint principals of public preschools in accordance with the following regulations, notwithstanding the relevant provisions restricting the recruitment, employment, and terms of employment of principals in the preceding Paragraph and Paragraph 4 of Article 25:
1. Principals of public preschools whose qualifications were converted in accordance with Subparagraph 1, Paragraph 2 of the preceding Article, shall continue their appointment at the original institution in accordance with the Civil Service Employment Act.
2. Personnel who continue their appointment at the original institution in accordance with the Civil Service Employment Act and fulfill the qualifications for preschool principal stipulated in Paragraph 1 of the preceding Article, may be promoted and appointed as preschool director in accordance with organization regulations prior to system reform and appointed principal at the original institution.
The board of directors of private preschools shall select and employ qualified principals. The responsible person shall select a qualified principal if the preschool does not establish a board of directors. The principal shall submit for approval from the municipal or county(city)competent authority.
Article 8
The central competent authority shall suitably establish teacher training in accordance with the demand for preschool teachers.
Preschool teacher qualifications shall be acquired through pre-service training and in-service training.
The requirements for preschool teacher qualifications shall be in accordance with the Teacher Education Law, unless otherwise specified in this Statute. Prior to the amendment of the Teacher Education Law and relevant regulations regarding preschool teacher qualifications, the regulations regarding the qualification of kindergarten teachers shall apply.
In addition to the provisions of the preceding Paragraph, personnel who have obtained the qualifications of kindergarten teachers prior to December 31, 2011 and have continued to serve since January 1, 2012 shall convert their position/job title to preschool teacher and acquire preschool teacher qualifications.
Domestic universities which have established departments related to early childhood education and care, and have been approved by the central competent authority in accordance with Paragraph 3 of Article 10, may apply for recognition for teacher education departments for the training of preschool teachers in accordance with the Teacher Education Act and relevant regulations.
Individuals may take the Preschool Teacher Qualification Assessment once they have completed professional educare courses in departments, graduate programs, degree programs, divisions, minor programs, or non-degree programs specializing in early childhood education and care offered by junior college or above approved by the central competent authority in accordance with Paragraph 3 of Article 10(hereinafter referred to as educare related departments and programs), and have completed professional educare courses and received certification in preschool pre-service teacher education programs and taken professional courses of education at professional teacher training programs in colleges and universities as determined by the Teacher Education Act.
The requirements for degrees and programs in preschool teacher training, content of preschool pre-service teacher education programs, and teacher qualification assessment methods shall fit the needs of professional preschool educare services.
Article 9
The central competent authority shall coordinate professional teacher training programs in colleges and universities as determined by the Teacher Education Act, in order to hold preschool pre-service teacher education programs.
These programs provide training opportunities for current preschool principals and educare givers with more than three years of practical experience and allow them to take the Preschool Teacher Qualification Assessment. Individuals who complete with passing grades the preschool pre-service teacher education programs described in the preceding Paragraph shall receive certification of completion of said program from the professional teacher training programs in colleges and universities as determined by the Teacher Education Act. Those with university diplomas, who have passed the Teacher Qualification Assessment, and completed their educational internship with passing grades shall receive a Teacher Certificate from the central competent authority. Principals and educare givers who have served at a preschool(including child care centers and kindergartens)for at least three years of the past seven years, exhibit excellent performance, and have passed their teaching demonstration shall be exempt from educational internship.
Individuals who have completed preschool pre-service teacher education programs in accordance with the Teacher Education Act prior to the implementation of this Statute, and continue to serve after the implementation of this Statute, shall be exempt from educational internship as set out in the preceding Paragraph.
Regarding Paragraph 1 and Paragraph 2, required courses, admissions, exemption from educational internship, and other relevant matters shall be stipulated by the central competent authority.
Article 10
Educare givers shall meet one of the following requirements:
1. Completed professional educare courses and received a junior college diploma or higher certification from educare related departments and programs at domestic junior colleges or above approved by the central competent authority.
2. Obtained diplomas from departments, graduate programs, degree programs, or divisions specializing in early childhood education and care offered by foreign junior colleges or above, and having received certification of completion in professional educare courses from the central competent authority.
In addition to the aforementioned requirements, those who fulfill one of the following requirements shall also be qualified as an educare giver:
1. Personnel who have obtained the qualifications of educare giver at a child care center prior to December 31, 2011, have continued to serve since January 1, 2012, and whose title has been converted to educare giver.
2. Regarding individuals who have completed the training program of professional personnel of children and youth welfare and acquired the qualification of educare giver prior to December 31, 2011, or individuals who have completed and graduated from a preschool teacher education program from a junior college or above, or individuals who have completed the training program in accordance with the Regulations for Governing Qualifications and Trainings of Professional Personnel of Children and Youth Welfare Institutes and obtained the certificate prior to December 31, 2011, if said individuals discontinued their service prior to January 1, 2012 and therefore whose title was not converted to educare giver in accordance with the preceding Subparagraph, but have regained employment at educare service institutions and serve as educare givers prior to December 31, 2021, the education service institution of employment may submit rosters of educator personnel qualifications with relevant training certifications to the municipal or county(city)competent authority and apply for their qualification as educare giver.
Regarding the educare related departments and programs at junior colleges or above referred to in Subparagraph 1 of Paragraph 1, the faculty, facilities, admission quota, course requirements, credit transfer, evaluation, accreditation, revoking of accreditation, and other relevant matters shall be prescribed by the central competent authority.
The central competent authority may, through its own undertaking or commission of academic organizations or professional evaluation institutions, conduct regular evaluations of educare related departments and programs. The results of the evaluations shall be made public, and serve as reference for the approval, adjustment in admission quota, or revoking of accreditation of educare related departments and programs. Evaluation items, categories, procedure, appeals, effectiveness, and other relevant matters shall be prescribed by the central competent authority.
Regarding diplomas obtained from foreign junior colleges or above as referred to in Subparagraph 2 of Paragraph 1, the necessary documents, information, accreditation standards, fees, and other relevant matters in the application of certification of completion in professional educare courses shall be prescribed by the central competent authority.
Admission qualification and length of study for students in educare related departments and programs shall be in accordance with the University Act and Junior College Act.
Article 11
Educare assistants shall, at the minimum, be graduates and have received diplomas from domestic high school child care education programs or divisions.
In addition to the aforementioned requirements, those who fulfill one of the following requirements shall also be qualified as an educare assistant:
1. Personnel who have obtained the qualifications of educare assistant at a child care center prior to December 31, 2011, have continued to serve since January 1, 2012 and whose titles have been converted to preschool educare assistant.
2. Regarding individuals who have completed the training program of professional personnel of children and youth welfare and acquired the qualification of assistant child care giver prior to December 31, 2011, or individuals who have completed the training program in accordance with the Regulations for Governing Qualifications and Trainings of Professional Personnel of Children and Youth Welfare Institutes and obtained the certificate prior to December 31, 2011, if said individuals discontinued their service prior to January 1, 2012 and therefore whose titles were not converted to preschool assistant in accordance with the preceding Subparagraph, but have regained employment at educare service institutions and serve as educare assistants prior to December 31, 2021, the educare service institution of employment may submit rosters of preschool educator personnel qualifications with relevant training certifications to the municipal or county(city)competent authority and apply for their qualification as educare assistant.
The central competent authority shall stipulate standards for recognition of education programs or divisions as described in Paragraph 1.
Article 12
A preschool educator to whom any of the following situations pertains shall be dismissed, discharged from employment, or have their contract terminated by their educare service institution, and the person never again permitted to be appointed or employed as a preschool educator:
1. The person has been found guilty of a criminal offense against the internal or external security of the State.
2. The person has been found guilty of corruption while employed in civil service and convicted with no further right of appeal.
3. The person has been found guilty of a crime as defined in Paragraph 1, Article 2 of the Sexual Assault Crime Prevention Act and convicted with no further right of appeal.
4. The municipal or county(city)competent authority has investigated and confirmed that the person has committed a sexual assault.
5. The municipal or county(city)competent authority has investigated and confirmed that the person has committed sexual harassment or sexual bullying, and that it is necessary for that person to be dismissed, discharged from employment, have their contract terminated, and never again permitted to be appointed or employed as a preschool educator.
6. The person has been penalized in accordance with the provisions of the Child and Youth Sexual Exploitation Prevention Act, or the provisions of Article 20 or Article 25 of the Sexual Harassment Prevention Act, and the municipal or county(city)competent authority has confirmed that the person has been subject to such punishment, and that it is necessary for that person to be dismissed, discharged from employment, have their contract terminated, and never again permitted to be appointed or employed as a preschool educator.
7. The person has been penalized in accordance with the provisions of Article 97 of the Protection of Children and Youths Welfare and Rights Act by the competent social welfare authority at each level, and the municipal or county(city)competent authority has confirmed that the person has been subject to such punishment, and that it is necessary for that person to be dismissed, discharged from employment, have their contract terminated, and never again permitted to be appointed or employed as a preschool educator.
8. The person became aware of an incident that suspected sexual assault has occurred at the educare service institution of employment but did not report the matter in accordance with the provisions of Article 15, thereby leading to a subsequent sexual assault at the institution; or forged, altered, destroyed or concealed evidence of any sexual assault incident committed by any other persons, and any such failure to report or forging, altering, destroying, or concealing of evidence has been investigated and verified by the municipal or county(city)competent authority.
9. The person has forged, altered, or destroyed evidence of any other persons committing a dangerous offence involving narcotics or hazardous drugs on campus or at the educare service institution, and this has been investigated and verified by the municipal or county(city)competent authority.
10. The person has inflicted corporal punishment on or bullied one or more students or children, causing severe physical or mental injury, and this has been investigated and verified by the municipal or county(city)competent authority, and that it is necessary for that person to be dismissed, discharged from employment, have their contract terminated, and never again permitted to be appointed or employed as a preschool educator.
11. The person has acted in violation of any pertinent laws or regulations and constitute a suspected harm to children and youth, and the matter has been investigated and verified by the municipal or county(city)competent authority, and that it is necessary for that person to be dismissed, discharged from employment, have their contract terminated, and never again permitted to be appointed or employed as a preschool educator.
12. The person is unfit to serve as preschool educator or staff in accordance with the provisions of other laws.
Article 13
A preschool educator to whom any of the following situations pertains shall be dismissed, discharged from employment, or have their contract terminated by their educare service institution, and the educare service institution shall determine a period of between one to four years, during which that person is not permitted to be appointed or employed as a preschool educator:
1. The municipal or county(city)competent authority has investigated and confirmed that the person committed sexual harassment or sexual bullying, and that it is necessary for that person to be dismissed, discharged from employment, or have their contract terminated.
2. The person has been penalized in accordance with the provisions of the Child and Youth Sexual Exploitation Prevention Act, or the provisions of Article 20 or Article 25 of the Sexual Harassment Prevention Act, and the municipal or county(city)competent authority has confirmed this, and that it is necessary for that person to be dismissed, discharged from employment, or have their contract terminated.
3. The person has been penalized in accordance with the provisions of Article 97 of The Protection of Children and Youths Welfare and Rights Act by the competent social welfare authority at each level, and the municipal or county(city)competent authority has confirmed this, and that it is necessary for that person to be dismissed, discharged from employment, or have their contract terminated.
4. The person has inflicted corporal punishment on or bullied one or more students or children, causing physical or mental injury, and this has been investigated and verified by the municipal or county(city)competent authority, and that it is necessary for that person to be dismissed, discharged from employment, or have their contract terminated.
5. The person has acted in violation of any pertinent laws or regulations and constitute a suspected harm to children and youth, and the matter has been investigated and verified by the municipal or county(city)competent authority, and that it is necessary for that person to be dismissed, discharged from employment, or have their contract terminated.
Article 14
A person to whom any of the following situations pertains is not permitted to be appointed or employed as a preschool educator; if such a person has already been appointed, the educare service institution shall dismiss them, discharge them from employment, or have their contract terminated.
1. Any situation referred to in Article 12.
2. Any situation referred to in the preceding Article that occurred during the period of one to four years determined.
3. Any situation referred to in Article 23 and Subparagraph 1, Paragraph 1 of Article 25 of the Early Childhood Education and Care Act.
4. Any situation referred to in Article 24 and Subparagraph 2, Paragraph 1 of Article 25 of the Early Childhood Education and Care Act that occurred during the period of one to four years determined.
5. Any situation referred to in Paragraph 1 of Article 14 and Subparagraph 1, Paragraph 1 of Article 19 of the Teachers’ Act.
6. Any situation referred to in Paragraph 1 of Article 15 and Subparagraph 2, Paragraph 1 of Article 19 of the Teachers’ Act that occurred during the period of one to four years determined.
7. Any situation referred to in Paragraph 1 of Article 18 of the Teachers’ Act during the period of suspension of between six months and three years.
8. Any situation referred to in Subparagraphs 1 and 3, Paragraph 1, Article 27 of the Gender Equity Education Act.
9. Any situation referred to in Subparagraph 2 and the latter part of Subparagraph 3, Paragraph 1, Article 27 of the Gender Equity Education Act that occurred during the period of one to four years determined.
10. Any situation referred to in Subparagraphs 1 and 2, Paragraph 6, Article 9 of the Supplementary Education Act.
11. Any situation referred to in Subparagraph 3, Paragraph 6, Article 9 of the Supplementary Education Act that occurred during the period of one to four years determined.
If any of the circumstances in any subparagraph of the preceding paragraph applies, and the matter was reported in accordance with the provisions of Paragraph 4 of Article 16, or the provisions of Paragraph 4, Article 27 of the Early Childhood Education and Care Act, or the provisions of Paragraph 4, Article 20 of the Teachers’ Act, or the provisions of Paragraph 7, Article 27-1 of the Gender Equity Education Act, or the provisions of Paragraph 12, Article 9 of the Supplementary Education Act and the person therefore has a criminal record, the educare service institution is not permitted to appoint or employ that person; if said person has already been appointed or employed, the educare service institution shall dismiss them, discharge them from employment, or have their contract terminated. If the matter was reported through means other than the aforementioned provisions and the person therefore has a criminal record, the educare service institution shall handle the matter in accordance with the provisions of Article 12 or the preceding Article and not appoint or employ that person; if said person has already been appointed or employed, the educare service institution shall dismiss them, discharge them from employment, or have their contract terminated.
Article 15
When a preschool educator becomes aware in the course of carrying out their work duties that any person has been involved in circumstances referred to in Article 12, Article 13, or Paragraph 1 of the preceding Article of this Statute, or Article 23, Article 24, or Paragraph 1 of Article 25 of the Early Childhood Education and Care Act, the preschool educator shall report the case to the municipal or county(city)competent authority in addition to filing any reports required in accordance with any other relevant laws and regulations.
Article 16
If any of the situations referred to in Article 12, Article 13, or Paragraph 1 of Article 14 pertains to a preschool educator, the municipal or county(city)competent authority and the educare service institution shall undertake related reporting, collection, checks, processing, and use of information in accordance with the regulations governing.
Before appointing or employing any preschool educator, the educare service institution shall check whether any of the circumstances referred to in the provisions of Article 12, Article 13, or Paragraph 1 of Article 14 pertain to the person; educare service institutions shall also conduct checks of the preschool educators already appointed or employed on a regular basis.
When assisting educare service institutions to undertake the checking referred to in the preceding paragraph, the competent authority may use the database of persons who have been subject to an administrative penalty that was compiled by the central competent social welfare authority, in accordance with the provisions of Article 20 of the Sexual Harassment Prevention Act and Article 97 of the Protection of Children and Youths Welfare and Rights Act.
The regulations governing the determination referred to in Article 12, Article 13, and Paragraph 1 of Article 14, and the reporting, collection, checks conducted before and during the term of employment, processing, and use of information referred to in the preceding Article and the three preceding paragraphs, and other related matters shall be prescribed by the central competent authority.
Article 17
Regarding preschool educators who were dismissed, discharged from employment, or had their contract terminated in accordance with the provisions of Article 12, Article 13, or Paragraph 1 of Article 14, those for whom the Labor Standards Act is applicable and who fulfill the retirement conditions of said Act shall receive their pension in accordance with the law.
For preschool educators to whom the provisions of Article 12, Article 13, or Paragraph 1 of Article 14 pertain, and for whom the provisions of the Teachers’ Act for public preschool educators or relevant laws of civil servants applies, their dismissal or discharge from employment shall be handled in accordance with the law; those who are not dismissed or discharged from employment shall be transferred from their current position.
For preschool educators who are involved in situations referred to in Article 12 or Article 13, during the investigation period the educare service institution shall temporarily suspend their appointment, employment, or contract; if the reason(s)for the temporary suspension of employment ceases to exist and the person is reinstated, any salary that they were not paid during the suspension period shall be paid to the person in arrears in accordance with the provisions of relevant regulations.
For preschool educators in the preceding Paragraph for whom the provisions of the Teachers’ Act for public preschool educators or relevant laws of civil servants applies, when the reason(s)for the temporary suspension of employment ceases to exist and the person is reinstated, their basic salary(and any associated seniority salary)or basic pay(and seniority pay)shall be paid in arrears with the provisions of relevant regulations.