Chapter 4 Administration
Article 25
Regarding principals of public preschools who are current preschool teachers, the regulations regarding evaluation, dismissal, and other administrative matters in the Act of Governing the Appointment of Educators, Regulations Governing the Evaluation of Principals in Public Schools Below Senior High Level, and other regulations pertaining to public elementary school principals shall apply mutatis mutandis to public preschool principals.
The central competent authority shall stipulate the regulations regarding evaluation, termination, and other administrative matters of principals of public preschools who are under current contract as educare givers.
A part-time or full-time director of an affiliated preschool of a public school shall be appointed by the principal of said public school from the staff of preschool teachers and educare givers.
The self-governance laws and regulations regarding the recruitment, employment, term of employment of full-time principals of public preschools, term for full-time directors of preschools affiliated with public schools, and other administrative matters shall be stipulated by the municipal or county(city)competent authority.
Article 26
Regarding public preschool teachers, the regulations regarding employment, evaluation, dismissal, termination, suspension, denial of renewed employment, and other administrative matters in the Teachers’ Act, Act of Governing the Appointment of Educators, Regulations Governing the Evaluation of Teachers in Public Schools Below Senior High Level, and other regulations pertaining to public elementary school teachers shall apply mutatis mutandis to public preschool teachers.
Article 27
For public preschools, the employment of educare givers and educare assistants shall be contracted in accordance with the Labor Standards Act and relevant regulations. The regulations regarding employment procedures, evaluation, and other regulations pertaining to administration shall be stipulated by the central competent authority.
Article 28
Personnel employed in accordance with the Civil Service Employment Act and Management Guidelines for Employees at public child care centers prior to conversion into public preschools, shall remained employed at the original preschool following conversion; their services, awards and punishments, performance appraisal, training, termination, and other administrative matters shall be in accordance with the original applicable laws and regulations.
For personnel employed at public kindergartens or public child care centers in accordance with the Regulations on Contracted Employment of the Executive Yuan and Its Subordinate Agencies prior to their conversion into public preschools in accordance with the Early Childhood Education and Care Act, their term of employment, work content, standards of performance, and other administrative matters shall be in accordance with the original applicable laws and regulations.
Article 29
Matters pertaining to the administration of preschool educators in private educare service institutions shall be clearly defined in contract.
Regarding the employment, resignation, and termination of private preschool educators, the provisions of the Teachers’ Act shall be applicable if they have been applied mutatis mutandis prior to December 31, 2011.
Article 30
Educare service institutions shall establish a system of substitute staff. In the case that a preschool educator, director, or section chief is on leave in accordance with the regulations, is on unpaid leave, or is vacant in such an office due to any other cause, their substitute may carry out duties on his or her behalf. In special circumstances, the substitute is exempt from the qualifications specified for preschool educators in Paragraph 2 of Article 32. The qualifications, salary, and other matters pertaining to the substitute shall be stipulated in Paragraph 2 of Article 18, Article 27, and the Enforcement Rules of this Statute.
For substitutes employed in accordance with the preceding Paragraph, their temporary suspension of appointment, employment, or contract during an investigation period and the payment in arrears of their salary if the temporary suspension of employment ceases to exist and the person is reinstated shall be handled in accordance with the provisions of Paragraphs 3 and 4 of Article 17.
Article 31
Regulations regarding leave applications for public preschool educators shall be stipulated by the central competent authority.
Leave of absence for preschool educators in private educare service institutions shall be in accordance with the Labor Standards Act, Act of Gender Equality in Employment, Regulations of Leave-Taking of Workers, and relevant regulations.
Article 32
Educare service institutions shall not employ preschool educators through dispatch employment.
Educare service institutions shall employ personnel with educare certificates or credentials, and who do not have any of the situations referred to in Article 12, Article 13, or Paragraph 1 of Article 14, to engage in educare services; personnel without educare certificates or credentials shall not be allowed to work as preschool educators at educare service institutions, unless otherwise stipulated by the Regulations Governing the Implementation of Community or Tribal Cooperative Educare Services or the Regulations Governing the Implementation of Workplace Cooperative Educare Services.
Educare service institutions shall be prohibited from borrowing the educare certificates or credentials of preschool educators not in their employ; preschool educators shall be prohibited from offering or lending their educare certificates or credentials to others.
Article 33
Preschool educators shall not impose physical and mental mistreatment, corporal punishment, bullying, sexual harassment, improper discipline, or any other acts of physical or mental violence or improper behavior on children.
Preschool educators shall report cases in accordance with Article 15 to the municipal or county(city)competent authority no later than 24 hours.
When the municipal or county(city)competent authority is informed of a possible incident referred to in Article 12, Article 13, Paragraph 1 or Article 14, or Paragraph 1 of this Article involving a preschool educator, it shall within two working days turn over the case to a dedicated committee for investigation and handling. In addition, it shall notify in writing the offender and the legal representative or current care givers of the child involved of its handling conclusion, facts established, and grounds. However, the Teachers’ Act and relevant regulations shall apply to preschool teachers of affiliated preschools of public schools.
The committee referred to in the preceding Paragraph shall be composed of representatives of the competent authority, educare and child welfare associations concerned with child protection, preschool educator associations, associations of other personnel, parent associations, and relevant scholars and experts. Regulations regarding the committee formation, investigation and handling procedures, and other relevant matters shall be stipulated by the central competent authority.
The offender and relevant persons of the educare service institution shall cooperate with the investigation referred to in Paragraph 3.
Article 34
Preschool educators are required to participate in at least 18 hours of professional educare competence training every year; the regulations of implementation shall be stipulated by the central competent authority.
New preschool educators in educare service institutions shall complete at least 8 hours of basic cardiopulmonary resuscitation training within 2 years before their employment or 3 months upon the beginning of their employment. At least 3 hours of classes related to gender equality and labor rights, at least 8 hours of cardiopulmonary resuscitation training, at least 3 hours of courses on safety education, and at least one emergency drill shall be undertaken every two years during their period of employment. The municipal or county(city)competent authority shall conduct training, courses, or drills, on at least a quarterly basis, and educare service institutions shall provide assistance.
The in-service training described in the preceding Paragraph for every two years during the period of employment, with the exception of gender equality classes, may be counted towards professional educare competence training.
Article 35
Preschool educators shall maintain confidentiality with regard to information pertaining to children. However, information where parental or guardian consent is given or required by other legal provisions shall not be subject to this restriction.
Article 36
Competent authorities at all levels shall collect, handle, use personal information and establish a database of preschool educators at pre-service education stage in order to understand and plan for the quota or employment of educare service institution personnel.
Article 37
The municipal or county(city)competent authority shall grant incentives to preschool educators for outstanding performance. The self-governance laws and regulations regarding incentives, subjects, categories, and methods shall be stipulated by the municipal or county(city)competent authority.