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Chapter 3 Educare Service Institution Organization and Qualifications, Rights, and Interests of Preschool Educators
Article 15
Within 30 working days of hiring any teachers or change in faculty, the educare service institution shall submit basic information including the relevant roster, diplomas and certificates documenting education and professional experiences, photocopies of personal identification documents, and attach a criminal record certificate issued by the police within the last three months to the municipal or county(city)competent authority for reference. The municipal or county(city)competent authority shall take the initiative to verify the documentation and may send personnel to conduct a check.
Article 16
For children over 2 years old but less than 3 years old, the maximum class size is 16 children, and the class is limited to children only of that age group. For children over 3 years old and prior to entering elementary school, the maximum class size is 30 children. On offshore islands, in remote areas, and in indigenous tribe areas, where the number of children over 2 years old but less than 3 years old is not sufficient to form a class, with the approval of the municipal or county(city)competent authority, preschools may have mixed-age classes with a maximum class size of 15 children.
Preschools with classes for children with disabilities may reduce the number of children in a class described in the preceding Paragraph. The reduction of number of children and method of estimation shall be stipulated by the municipal or county(city)competent authority.
Other than affiliated preschools of public schools and branch campuses of public preschools which are exempt from appointing a principal, all preschools need to appoint the following full-time preschool educators:
1. Principal
2. Preschool teachers, educare givers, or educare assistants
The requirements for preschool educator-children ratio for preschools and their branch campuses, excluding the principal, are as follows:
1. For classes of children over 2 years old but less than 3 years old, there shall be one preschool educator for classes of no more than 8 children and two preschool educators for classes of 9 children or more. The same requirements apply to preschools located on offshore islands, in remote areas, and indigenous tribal areas as described in Paragraph 1.
2. For classes of children over 3 years old and prior to entering elementary school, there shall be one preschool educator for classes of no more than 15 children and two preschool educators for classes of 16 children or more.
For affiliated preschools of public schools, in addition to preschool educators employed in accordance with the preceding two Paragraphs, each preschool shall employ an additional preschool educator.
In the case of natural disasters or other emergencies and children need to be placed in preschool, the municipal and county(city)competent authority shall observe the following provisions without the restrictions in Paragraph 1, Paragraph 3, and approved enrollment quota:
1. For each school year, in classes of children over 2 years old but less than 3 years old, or in mixed age group classes of children over 2 years old and prior to entering elementary school as described in Paragraph 1, one more child may be placed for every 8 children.
2. For each school year, in classes of children over 3 years old and prior to entering elementary school, one more child may be placed for every 15 children.
3. Starting the next school year, if no child leaves the preschool in the school year, the number of children enrolled shall be in accordance with the preceding two Subparagraphs; otherwise the enrollment of the number of children shall be in accordance with Paragraph 1.
Article 17
For classes of children over 5 years old and prior to entering elementary school, at least one of the preschool educators allocated to each class shall be a preschool teacher.
The maximum number of educare assistants shall not exceed one-third of the total number of preschool educators in a preschool.
Special educare teachers or social workers may be employed, depending on the needs of the preschool.
Preschools and their branches shall have one nurse on staff; those with a total number of less than 60 children may employ contracted or part-time nurses. For a total of 61 to 200 children, contracted, part-time, or full-time nurses shall be employed; for a total of more than 201 children, full-time nurses shall be employed on staff. Affiliated preschools of schools at senior high school level or below that already employ full-time nurses may be exempt from employing additional nurses.
When a preschool or its branch expands to a certain size, sections shall be established and section chiefs appointed; a preschool teacher, educare giver, or staff member shall act as the part-time section chief. When an affiliated preschool or preschool established by a municipality, county(city), township(city), or mountain indigenous district of municipalities expands to a certain size, full-time personnel shall be employed. All preschools shall employ full-time or part-time cooks.
The human resources and accounting competent authority(agency)of the municipality or county(city)shall appoint a full-time staff member or trained and qualified staff member to handle, on a part-time basis, the human resources and accounting affairs of public preschools established by a municipality, county(city), township(city), or mountain indigenous district of municipalities. The human resources and accounting affairs of an affiliated preschool of a public school shall be handled, on a part-time basis, by a full-time or part-time human resources and accounting staff member of the public school.
Preschool administrative organization and standards regarding the staff quota shall be stipulated by the central competent authority.
Affiliated preschools of schools at senior high school level or below may calculate the number of preschool classes and school classes collectively to determine the number of internal units and the staff quota for full-time counseling teachers, professional guidance counselors, nurses, and other personnel. However, if the preschool already employs full-time nurses and maintains its full-time staff quota, the number of preschool classes may not be calculated collectively with school classes to determine the staff quota of nurses.
Article 18
The training, qualifications, rights and interests, administration, appeals, and handling of disputes of preschool educators shall be governed by the Statute for Preschool Educators.
To stimulate the development of educare services on offshore islands and in remote areas, competent authorities at all levels shall conduct regular training courses for preschool educators within their jurisdiction.
Article 19
The qualifications of social workers and nurses employed in accordance with this Act shall meet the requirements stipulated in relevant laws and regulations.
Article 20
Individuals providing extended care services shall have one of the following qualifications:
1. Qualified teacher for senior high school level or below or preschool(including kindergarten), preschool educare giver, educare assistant.
2. Teacher formerly employed in accordance with the Regulations Governing the Employment of Part-time and Substitute Primary and Secondary School Teachers or the Regulations Governing the Employment of Teaching Assistants at Junior High and Elementary Schools. However, teaching assistants who have only graduated from senior high school level or below must complete 180 hours of professional training for after-school childcare conducted or commissioned by the education, social affairs, or labor affairs competent authority of the municipality or county(city).
3. Graduate of public or private university, college, or junior college, and have completed the professional teacher training courses required for teacher education.
4. Qualified professional at a children and youth welfare institute.
5. Graduate of senior high school level or above, and has completed 180 hours of professional training for after-school childcare conducted or commissioned by the education, social affairs, or labor affairs competent authority of the municipality or county(city).
When there is difficulty employing qualified individuals described in the preceding Paragraph on offshore islands, in remote areas, or in indigenous tribal areas, the number of hours of professional training described in Subparagraph 2 to 5 of the preceding Paragraph may be reduced with the approval of the municipal or county(city)competent authority.
Article 21
The public child care center personnel employed prior to conversion into public preschools, in accordance with the Civil Service Employment Act and Management Guidelines for Employees, shall remain employed or be appointed at the original place of work following conversion; their services, award and punishments, performance appraisal, training, advanced study, remuneration, insurance, protection, association, retirement, termination, consolation, benefits, and matters related to rights and interests shall be in accordance with original applicable laws and regulations; their promotion and appointment shall be in accordance with original applicable organization regulations; the administration of human resources and accounting personnel shall be in accordance with the same regulations as civil servants.
Public kindergartens and public child care centers shall be converted to public preschools in accordance with this Act. Employees hired under the Regulations on Contracted Employment of the Executive Yuan and Its Subordinate Agencies and currently-employed maintenance workers(technicians, drivers)shall be handled in accordance with the original applicable laws and regulations.
Article 22
The employment of other personnel of public preschools, with the exception of those described in the preceding Article, shall be contracted in accordance with the Labor Standards Act and relevant regulations, with their rights and obligations clearly stated in the contracts. The regulations regarding employment procedures, performance evaluation, salary, and relevant matters shall be stipulated by the central competent authority.
The standard of working conditions for other personnel at private educare service institutions shall be in accordance with the Labor Standards Act and relevant regulations. In the absence of such stipulations, the municipal or county(city)competent authority may invite labor and capital representatives for negotiations.
Article 23
Other personnel 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 other personnel of educare service institutions:
1. 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.
2. The municipal or county(city)competent authority has investigated and confirmed that the person has committed a sexual assault.
3. 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 other personnel of educare service institutions.
4. 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 other personnel of educare service institutions.
5. 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 other personnel of educare service institutions.
6. 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 26, 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.
7. 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.
8. 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 other personnel of educare service institutions.
9. 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, and never again permitted to be appointed or employed as other personnel of educare service institutions.
10. Unfit to serve as other personnel of educare service institutions in accordance with the provisions of other laws.
Article 24
Other personnel 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 other personnel of educare service institutions:
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 25
A person to whom any of the following situations pertains is not permitted to be appointed or employed as other personnel of educare service institutions; 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 23.
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 Subparagraphs 3 to 12 of Article 12 or Subparagraph 1, Paragraph 1, Article 14 that pertains to Subparagraphs 3 to 12 of Article 12 of the The Statute for Preschool Educators.
4. Any situation referred to in Paragraph 13 or Subparagraph 2, Paragraph 1, Article 14 of The Statute for Preschool Educators that occurred during the period of one to four years determined.
5. Any situation referred to in Subparagraphs 3 to 11, Paragraph 1, Article 14 or Subparagraph 1, Paragraph 1, Article 19 that pertains to Subparagraphs 3 to 11, Paragraph 1, Article 14 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 27, or the provisions of Paragraph 4 of Article 16 of The Statute for Preschool Educators, 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 23 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 26
When the responsible person or other personnel of an educare service institution becomes aware in the course of carrying out their work duties that any person has been involved in circumstances referred to in Article 23, Article 24, or Paragraph 1 of the preceding Article of this Act, or Article 12, Article 13, or Paragraph 1 of Article 14 of the Statute for Preschool Educators, the said person 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 27
If any of the situations referred to in Article 12, Article 13, or Paragraph 1 of Article 14 pertains to the responsible person or other personnel of an educare service institution, 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 other personnel of an educare service institution, the educare service institution shall check whether any of the circumstances referred to in the provisions of Article 23, Article 24, or Paragraph 1 of Article 25 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 23, Article 24, and Paragraph 1 of Article 25, 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 28
Regarding other personnel of educare service institutions who were dismissed, discharged from employment, or had their contract terminated in accordance with the provisions of Article 23, Article 24, or Paragraph 1 of Article 25, 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 other personnel of educare service institutions to whom the provisions of Article 23, Article 24, or Paragraph 1 of Article 25 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 other personnel of educare service institutions who are involved in situations referred to in Article 23 or Article 24, 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 other personnel in the preceding Paragraph for whom the relevant laws of civil servants apply, when the reason(s)for the temporary suspension of employment ceases to exist and the person is reinstated, their basic pay(and seniority pay)shall be paid in arrears with the provisions of relevant regulations.
Article 29
Under any of the following situations, an individual is disqualified from being the responsible person of an educare service institution, or chairperson or supervisor of an incorporated preschool:
1. Any situation referred to in Article 23, Article 24, and Paragraph 1 of Article 25.
2. Having been convicted and sentenced in a final and unappealable judgement for rebellion or treason, or is the subject of an arrest warrant for a case that remains pending.
3. Having been convicted and sentenced in a final and unappealable judgement for corruption or malfeasance, or is the subject of an arrest warrant for a case that remains pending.
4. Having been deprived of civil rights and the rights thereof have not yet been reinstated.
5. Having been dismissed or suspended from a civil servant position and the period of dismissal or suspension has yet to expire.
6. Having been declared bankrupt or the court has ruled on the initiation of the liquidation process in accordance with the Consumer Debt Clearance Statute, and has not yet had his/her rights restored.
7. Having no legal capacity or limited legal capacity.
8. Having been declared by a court to be under guardianship or assistance, and the declaration has not been voided.
For private but unincorporated educare service institutions, if Subparagraph 1 of the preceding Paragraph applies to the responsible person, the establishment permit shall be revoked by the municipal or county(city)competent authority; for public preschools, non-profit preschools, private incorporated educare service institutions, private educare service institutions established by juridical persons, associations, hospitals, or businesses, private educare service institutions affiliated with private schools, if Subparagraph 1 of the preceding Paragraph applies to the responsible person or chairperson or supervisor of an incorporated preschool, the municipal or county(city)competent authority shall order his/her removal from the position.
If Subparagraph 1 of Paragraph 1 applies to the responsible person, chairperson, or supervisor, the determinations, reporting, information collection, inquiries made before and during employment, information processing and use, and other related matters shall be prescribed by the central competent authority.