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Chapter Law Content

Chapter 2 The Establishment of Educare Institutions and Educare Services
Article 7
Educare services shall be child-centered, uphold gender, ethnic, and cultural equality, value both education and care, and respect parents.
The government, society, families, educare institutions, and preschool educators share responsibility in promoting and advancing educare services.
The government shall provide all children with high-quality, universal, affordable, and accessible educare services, giving priority to children who are from offshore islands or remote areas, or need assistance economically, physically, mentally, culturally, or ethnically, and may subsidize private educare institutions in this matter.
Public preschools and non-profit preschools shall give priority enrollment to children who need assistance; the preschool may apply for extra professional aids to the municipal or county(city)competent authority, if the enrollment of children who need assistance outnumber a certain ratio.
The regulations or autonomous regulations regarding the ranking of priority enrollment, ratio of children who need assistance, and hiring of professional aids mentioned in the preceding two Paragraphs shall be stipulated by the respective competent authority.
The government may subsidize necessary expenses for children receiving educare services; the subsidy recipients, requirements, the amount of subsidy, and other relevant matters shall be stipulated by the central competent authority.
Article 8
Municipalities, counties(cities), townships(cities), mountain indigenous districts of municipalities, schools, juridical persons, associations, or individuals may establish preschools. Preschools shall acquire establishment permit from the municipal or county(city)competent authority before beginning enrollment of children and educare services.
Public schools’ affiliated preschools and preschools established by municipalities, counties, cities and mountain indigenous districts of municipalities are public preschools; the remainders are private preschools. However, private child care centers and kindergartens established by public schools or government agencies before December 31, 2011 shall remain as private preschools.
Preschools may establish branch campuses, but branch campuses are limited to the same township(city)of the main campus. However, this limit is not applicable to affiliated or branch preschools of schools with branch campuses, divisions, or classes within the same municipalities or counties(cities).
The enrollment of children in branch campuses shall not exceed the number of children of the main campus and is limited to 60 children.
Private preschools may apply to be registered as non-profit corporation and establish a board of directors.
The central competent authority shall stipulate the regulations regarding the basic facility standards, as well as the establishment, reconstruction, relocation, expansion, enrollment quota, procedures and application documents to be submitted for change of name and responsible person, suspension, reinstatement, withdrawal or revocation of permit, supervision, non-profit corporation registration, board functions, and other relevant matters for preschools and their branch campuses.
In the case that the juridical person referred to in Paragraph 1 is a company, the preschool may be established independently or jointly; the established preschool shall predominantly enroll children of company employees. In the case of enrollment vacancies, the preschool must be approved by the municipal, county(city)competent authority prior to enrollment of other children.
Preschools operating in teaching locations of schools at senior high school level or below may retain its original building usage classification, and are not required to apply for usage alteration license in accordance with Article 73 of the Building Act.
Article 9
Non-profit preschools shall be established in one of the following ways:
1. Municipal or county(city)goverments, central government agencies(institutes), public schools at all levels, township(city)offices, and mountain indigenous district offices of municipalities may commission legally established or registered non-profit juridical persons
2. Non-profit juridical persons may apply to the municipal, county(city)competent authority for approval
The methods of conduct, commission requirements, duration of commission, methods of commission, basic standards of fees and refund, employee payroll for preschool educators and other personnel, review mechanism, evaluation, renewal of contract following expiration, termination of contract, operation or management authorization, and other relevant matters regarding non-profit preschools referred to in the preceding Paragraph shall be stipulated by the central competent authority; the method and amount or ratio of refund shall be stipulated by the municipal or county(city)competent authority.
In the case that the non-profit juridical person referred to in the first Paragraph is an incorporated school, it may independently establish an affiliated non-profit preschool or establish a non-profit preschool affiliated with its private school.
For review of matters referred to in Paragraph 2, municipal or county(city)governments shall convene review meetings by the head of the agency or designated proxy; members of the review meeting shall include educare scholars and experts, as well as representatives from labor associations, educare and child welfare associations, preschool educator associations, parent associations, and women's associations.
The national property management agency shall lease national lands or buildings which are necessary for non-profit preschools operated by the municipal or county(city)government; the annual rent shall be charged based on the land value tax and housing tax payable for such land and buildings for the current period in accordance with the law.
Article 10
Municipal and county(city)competent authorities shall assist public elementary schools on offshore islands and in remote areas to establish affiliated preschools.
Community cooperative or tribal cooperative educare services may be provided based on the geographical restrictions of offshore islands and remote areas and in accordance with the living and learning needs of children; establishment of said institution must be approved by the municipal or county(city)competent authority prior to enrollment of children and educare services.
To provide young indigenous children opportunities to learn their ethnic language, history, culture, and to promote the tribal spirit of caring, tribal cooperative educare services may be provided; establishment of said institution must be approved by the municipal or county(city)competent authority prior to enrollment of children and educare services.
To care for the children of employees of government agencies(institutes), companies, and non-government organizations, workplace cooperative educare services may be provided; establishment of said institution must be approved by the municipal or county(city)competent authority prior to enrollment of children and educare services.
The locations, methods of conduct, enrollment quota, qualifications and allocation of personnel, conditions and procedures for approval, environment, facilities and equipment, healthcare and sanitation, counseling and assistance from the municipal or county(city)competent authority, inspection, management, revocation or cancellation of permit, fee collection and refund, and other relevant matters regarding the preceding 3 Paragraphs shall be stipulated by the central competent authority in consultation with the central indigenous competent authority and central labor affairs competent authority.
Educare services referred to in Paragraphs 2 to 4 operating in teaching locations of schools at senior high school level or below may retain its original building usage classification, and are not required to apply for usage alteration license in accordance with Article 73 of the Building Act.
Article 11
The implementation of educare services shall be in close cooperation with the family and the community, in order to achieve the following objectives:
1. To ensure the physical and mental health of children.
2. To promote the development of positive habits of daily living in children.
3. To enrich daily experiences of children.
4. To strengthen the moral development of children.
5. To foster cooperative behaviors in children.
6. To expand aesthetic experiences of children.
7. To enhance creative thinking in children.
8. To support the development of positive cultural identity in children.
9. To inspire children to care for the environment.
Article 12
The content of educare services are as follows:
1. To provide children services to meet their physical, psychological, and social needs.
2. To provide healthy food, healthcare, and safety services and education.
3. To provide a developmentally appropriate environment and learning activities.
4. To provide learning activities that can promote children’s physical, language, cognition, aesthetic, emotional, and interpersonal development, and to develop basic skills, good habits, and a positive attitude toward learning.
5. To record growth and development, and learning activities
6. To hold activities to enhance parent-child relationship
7. To provide any other services deemed essential to the development of children.
Based on the child’s needs, the parent or guardian of the child may select educare services for the whole day, morning session, or afternoon session; educare institutions may provide extended care services beyond hours and days of educare activities and classes in accordance with the needs of the parent or guardian.
Upon the approval of municipal or county(city)competent authority, educare institutions may provide temporary care services for children based on said institution’s facilities, equipment, and human resources, as well as the needs of the parent or guardian.
Educare curriculum framework and educare service implementation regulations shall be stipulated by the central competent authority.
Educare institutions on offshore islands and in remote areas may combine human resources from non-profit organizations, colleges and universities, and the community to provide care services for children and related activities.
Article 13
The municipal and county(city)competent authority shall provide early intervention, professional assistance, and subsidies to children with disabilities in accordance with relevant laws and regulations.
The central government shall subsidize professionals of special education with fees on an hourly basis, expenditure, and cost of facilities to local governments in order to safeguard educare resources and services for disabled children. The regulations for subsidy shall be stipulated by the central competent authority.
Article 14
Educare institutions may act as a community educare resource center to conduct community activities and parenting education.