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Chapter 3 Educare Institution Organization and Qualifications, Rights and Interests of Preschool Educators
Article 15
Unless otherwise specified in this Act, educare institutions shall employ qualified preschool educators who are free of the circumstances described in Paragraph 1, Article 12 of the Statute for Preschool Educators.
Educare institutions are prohibited to make use of preschool educators’ certificates or credentials who do not work in said institution.
Within 30 days of hiring any teachers or change in faculty, the educare 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 young 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, exluding 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 elementary or junior high schools that already employ full-time nurses may be exempt from employing additonal 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.
Preschools shall establish a substitute system in which a substitute is assigned in the case that a preschool educator, dean, or section chief is away from their post due to leave, on leave without pay, or other reasons. In special cases, the qualifications of the substitute are exempt from the requirements in Paragraph 2, Article 26 of the Statute for Preschool Educators. The qualifications, salary, and other related matters of substitutes shall be stipulated in Paragraph 1, Article 22 of the Enforcement Rules for this Act.
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 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 Executive Yuan and Subordinate Agencies Contracted-Employment Regulations 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 educare institutions other than public preschools 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
Personnel other than preschool educators for whom the following Subparagraphs 1 to 3 are true shall be dismissed or have their contract terminated by the educare institution; those for whom Subparagraph 4 is applicable shall be forced to retire or be terminated; those for whom Subparagraph 5 is applicable shall be dealt with in accordance with the relevant provisions.
1. The person is convicted and sentenced in a final and unappealable judgement for sexual assault, sexual harassment, sexual exploitation, or child or adolescent abuse, or is the subject of an arrest warrant for a case that remains pending.
2. The person has committed sexual assault, or has committed sexual harassment, sexual bullying, or conduct injurious to the rights and interests of a child or youth, of a serious nature and the circumstances have been investigated and verified by the municipal or county(city)competent authority.
3. The person has committed sexual harassment, sexual bullying, or conduct injurious to the rights and interests of a child or youth, and the circumstances were not of a serious nature, and the municipal or county(city)competent authority determines that it is necessary for the person to be dismissed or have their contract terminated. After considering the circumstances of the case, it may also determine that the person is not permitted to be re-appointed or employed again for a period of one to four years.
4. The person is not competent to undertake educare work, as supported by the educare institution in consultation with two physicians in relevant fields and objective facts that his/her physical or mental state may cause harm to the child, and this has been reviewed and verified by the evaluation committee comprising relevant experts and scholars invited by the municipal or county(city)competent authority.
5. The person is unfit to serve in their capacity in accordance with the provisions of other laws and regulations.
Regarding personnel who were dismissed or had their contract terminated in accordance with the preceding Paragraph, those for whom the Labor Standards Act is applicable and who fulfill the retirement conditions of said Act shall receive pension in accordance with the law.
Those for whom Subparagraphs 1, 2, 4, or 5, Paragraph 1 of this Article is applicable, or those for whom the Subparagraph 8 or 9, Paragraph 1, Article 14 of the Teachers’ Act is applicable shall not serve in educare institutions; those who have been employed or hired shall be dismissed or have their contract terminated. The same applies to those not permitted to be re-appointed or employed again for a period of one to four years for committing sexual harassment or sexual bullying as described in Subparagraph 3 of Paragraph 1 of this Article, or Paragraph 2 of Article 14 of the Teachers’ Act.
Before hiring or employing any new personnel, educare institutions shall check with the municipal or county(city)competent authority regarding the conditions listed in the preceding Paragraph.
When a responsible person or other personnel of an educare institution becomes aware in the course of carrying out their work duties of any circumstances referred to in Subparagraphs 1 to 3 of Paragraph 1 taken against a child, the personnel shall report the case to the municipal or county(city)competent authority, in addition to filing any reports required in accordance with relevant laws and regulations.
To conduct checks for circumstances described in Paragraph 4, the competent authorities at all levels shall use the database of individuals penalized in accordance with Article 20 of the Sexual Harassment Prevention Act and Article 97 of the Protection of Children and Youths Welfare and Rights Act compiled by the central social affairs competent authority.
Regulations governing the determinations, reporting, information collection, inquiries made before and during employment, information processing and use, and any other matter relating to the circumstances referred to in Paragraph 1 and from Paragraph 3 to the preceding Paragraph that has compliance requirements shall be stipulated by the central competent authority.
The dismissal of other personnel at educare institutions for whom any of Subparagraphs 1 to 3 of Paragraph 1 is applicable, and for whom relevant laws for civil servants are applicable, shall be handled in accordance with the relevant laws and regulations; those who are not dismissed shall be transferred to another post.
Regarding other personnel at educare institutions who are involved in circumstances referred to in Subparagraphs 1 to 3 of Paragraph 1, the educare institution shall order said personnel’s temporary suspension during the investigation period; for those who are reinstated after the reason for suspension has been eliminated, any salary not paid during the period of suspension may be paid in arrears.
Article 24
Under any of the following circumstances, an individual is disqualified from being the responsible person of an educare institution, or chairperson or supervisor of an incorporated preschool:
1. Behaviors referred to in Subparagraph 1 to 3, Paragraph 1 of the preceding Article.
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 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.
The establishment permit shall be revoked by the municipal or county(city)competent authority if Subparagraph 1 of the preceding Paragraph applies to the responsible person; if Subparagraph 1 of the preceding Paragraph applies to the chairperson or supervisor, 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 any other matter relating to the circumstances thereof shall be conducted in accordance with Paragraph 7 of the preceding Article.