幼兒教育及照顧法

1This Act is enacted to ensure young children’s right to appropriate education and care, establish guidelines of education and care, enhance the system of early childhood education and care (hereinafter referred to as “educare”), and safeguard their right to sound physical and psychological development.

2Family childcare services for young children shall follow stipulations of The Protection of Children and Youths Welfare and Rights Act.

1The competent authority refers to the Ministry of Education at the central government level, the municipal government at the municipal level, and the county or city government at the county or city level.

2When any matter stipulated in this Act involves the duties of other competent authorities, they shall cooperate in the matter to achieve the aims of this Act.

1Terms used in this Act are defined as follows:

21. “Young children” (hereinafter referred to as “children”)means children over the age of 2 and prior to entering elementary school.

32. “Educare” refers to the following types of services provided for children:

4(1) family childcare services

5(2) preschools

6(3) community cooperative style

7(4) tribal cooperative style

8(5) workplace cooperative style

93.“Educare service institutions” refers to Subparagraphs 2 to 5 in the preceding Paragraph providing education and care services (hereinafter referred to as “educare services”) to children.

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1The competent authorities at each level shall convene advisory committees to undertake integrated planning, coordinate, consult, and advocate educare services.

2The competent authority at each level shall stipulate the autonomous regulations of the advisory committee. The advisory committee at all levels will be composed of representatives from the competent authority, competent health authority, competent labor authority, associations for the disabled, educare and child welfare scholars and experts, educare and child welfare associations, preschool educator associations, parent associations, and women’s groups.

1The central competent authority shall be in charge of the following matters:

21. Development and recommendation of educare policies and laws.

32. Advocacy and promotion of educare philosophy and regulations.

43. Planning of national educare services, research, reward, consultation, experiments, accreditation, and evaluation.

54. Supervision, guidance, accreditation, and evaluation of local educare administration.

65. Collection, surveys, statistics, and publication of national educare data.

76. Assistance in establishing preschool educator associations and parent associations.

87. Other matters regarding national educare services.

9Educare data referred to in Subparagraph 5 of the preceding Paragraph shall at least include fee-charging items and amounts, evaluation results, and punitive measures for educare service institutions nationwide.

1The municipal or county(city)competent authority shall be in charge of the following matters:

21. Planning, experiments, promotion, and rewarding of local educare services.

32. Establishment, supervision, consultation, accreditation, and evaluation of educare service institutions.

43. Promoting to establish public preschools, non-profit preschools, and community/tribal/workplace cooperative educare services.

54. Planning and implementation of parenting education.

65. Collection, surveys, statistics, and publication of local educare data.

76. All other matters regarding local educare services.

8Educare data referred to in Subparagraph 5 of the preceding Paragraph shall at least include fee-charging items and amounts, evaluation results, and punitive measures for educare service institutions within the jurisdiction of the municipal or county(city)competent authority.

1Educare services shall be child-centered, uphold gender, ethnic, and cultural equality, value both education and care, and respect parents.

2The government, society, families, educare service institutions, and preschool educators share responsibility in promoting and advancing educare services.

3The government shall provide all children with high-quality, universal, affordable, and accessible educare services, giving priority to children who are on offshore islands or in remote areas, or need assistance economically, physically, mentally, culturally, or ethnically, and may subsidize private educare service institutions in this matter.

4Public 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. However, childcare facilities that are established in accordance with Subparagraph 2, Paragraph 1, Article 23 of the Act of Gender Equality in Employment and are deemed as non-profit preschools shall enroll children in the following order:

51. Children and grandchildren of employees.

62. Children who need assistance.

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1Municipalities, counties(cities), townships(cities), mountain indigenous districts of municipalities, schools, juridical persons, associations, hospitals, businesses, 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.

2Public schools’ affiliated preschools and preschools established by municipalities, counties(cities), townships(cities), and mountain indigenous districts of municipalities are public preschools, whereas other preschools 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.

3Preschools 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).

4The enrollment of children in branch campuses shall not exceed the number of children of the main campus and is limited to 60 children.

5Private preschools may apply to be registered as a non-profit corporation and establish a board of directors.

6The 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.

1Non-profit preschools shall be established in one of the following ways:

21. Municipal or county(city) governments and its subordinate agencies(institutes), central government agencies(institutes), public schools at all levels, military or police colleges or academies, township(city) offices, and mountain indigenous district offices of municipalities (hereafter collectively referred to as government agencies/institutions and national schools)and incorporated government owned enterprises may commission legally established or registered non-profit juridical persons.

32. Non-profit juridical persons may apply to the municipal or county(city)competent authority for approval.

4The 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, qualifications of juridical persons, and other relevant matters regarding non-profit preschools referred to in the preceding Paragraph shall be stipulated by the central competent authority.

5If the registered non-profit juridical persons referred to in Paragraph 1 is a private school endowment corporation or medical juridical entity, they may establish a non-profit affiliated or branch preschool itself, or establish a non-profit affiliated or branch preschool through their established private school, hospital, or affiliated non-profit institution.

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1Municipal and county(city) competent authorities shall assist public elementary schools on offshore islands and in remote areas to establish affiliated preschools.

2Community 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.

3To 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.

4To care for the children and grandchildren 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.

5The 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 three Paragraphs shall be stipulated by the central competent authority in consultation with the central indigenous competent authority and central labor affairs competent authority.

1The implementation of educare services shall be in close cooperation with the family and the community, in order to achieve the following objectives:

21. To ensure the physical and mental health of children.

32. To promote the development of positive habits of daily living in children.

43. To enrich daily experiences of children.

54. To strengthen the moral development of children.

65. To foster cooperative behaviors in children.

76. To expand aesthetic experiences of children.

87. To enhance creative thinking in children.

98. To support the development of positive cultural identity in children.

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1The content of educare services are as follows:

21. To provide children services to meet their physical, psychological, and social needs.

32. To provide healthy food, healthcare, and safety services and education.

43. To provide a developmentally appropriate environment and learning activities.

54. 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.

65. To record growth and development, and learning activities.

76. To hold activities to enhance parent-child relationship.

87. To provide any other services deemed essential to the development of children.

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1The 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.

2The central government shall subsidize professionals of special education with fees on an hourly pay, 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.

Educare service institutions may act as a community educare resource center to conduct community activities and parenting education.

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.

1For 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.

2Preschools 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.

3Other 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:

41. Principal

52. Preschool teachers, educare givers, or educare assistants

6The requirements for preschool educator-child ratio for preschools and their branch campuses, excluding the principal, are as follows:

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1For 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.

2The maximum number of educare assistants shall not exceed one-third of the total number of preschool educators in a preschool.

3Special educare teachers or social workers may be employed, depending on the needs of the preschool.

4Preschools 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.

5When 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.

6When 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 staff member shall be employed. All preschools shall employ full-time or part-time cooks.

1The training, qualifications, rights and interests, administration, appeals, and handling of disputes of preschool educators shall be governed by the Statute for Preschool Educators.

2To 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.

The qualifications of social workers and nurses employed in accordance with this Act shall meet the requirements stipulated in relevant laws and regulations.

1Individuals providing extended care services shall have one of the following qualifications:

21. Qualified teacher for senior high school level or below or preschool (including kindergarten), preschool educare giver, educare assistant.

32. 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).

43. Graduate of public or private university, college, or junior college, and have completed the professional teacher training courses required for teacher education.

54. Qualified professional at a children and youth welfare institute.

65. 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).

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1The 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.

2Public 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 (including technicians, drivers) shall be handled in accordance with the original applicable laws and regulations.

1The 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.

2The 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 employer representatives for negotiations.

1Other 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:

21. 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.

32. The municipal or county(city) competent authority has investigated and confirmed that the person has committed a sexual assault.

43. 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.

54. 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.

1Other 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:

21. 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.

32. 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.

43. 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.

54. 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.

1A 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:

21. Any situation referred to in Article 23.

32. Any situation referred to in the preceding Article that occurred during the period of one to four years determined.

43. 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.

54. 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.

65. 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.

76. Any situation referred to in Paragraph 1 of Article 15 or Subparagraph 2, Paragraph 1 of Article 19 of the Teachers’ Act that occurred during the period of one to four years determined.

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.

1If any of the situations referred to in Article 23, Article 24, or Paragraph 1 of Article 25 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.

2Before 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.

3When 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.

4The 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.

1Regarding 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.

2For 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.

3For 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.

4For 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.

1Under 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:

21. Any situation referred to in Article 23, Article 24, and Paragraph 1 of Article 25.

32. 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.

43. 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.

54. Having been deprived of civil rights and the rights thereof have not yet been reinstated.

65. Having been dismissed or suspended from a civil servant position and the period of dismissal or suspension has yet to expire.

76. 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.

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1The responsible person and other personnel of educare service institutions 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.

2The responsible person and other personnel of educare service institutions shall report cases in accordance with Article 26 to the municipal or county(city) competent authority no later than 24 hours.

3When the municipal or county(city) competent authority is informed of a possible incident referred to in Article 23, Article 24, Paragraph 1 or Article 25, or Paragraph 1 of this Article involving the responsible person and other personnel of educare service institutions, 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.

4The 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.

5The offender and relevant persons of the educare service institution shall cooperate with the investigation referred to in Paragraph 3.

1Educare service institutions shall enforce protective measures to ensure the safety of children during their arrival and departure of said educare service institution.

2Preschools shall transport children with children-only buses approved by the municipal or county (city) competent authority, and the maximum vehicle age of said buses is 10 years. The specifications, markings, color, and number of children transported shall comply with regulations and be certified by the motor vehicle office. The bus driver shall possess an occupational driver’s license, and a preschool educator or an adult bus guardian shall be on board to ensure the safety of children.

3Regulations regarding the management of preschool buses, drivers, and bus guardians as referred to in the preceding Paragraph and other regulations that have to be followed shall be stipulated jointly by the central competent authority and the Ministry of Transportation and Communications.

4New preschool bus drivers and bus guardians shall complete at least 8 hours of basic cardiopulmonary resuscitation training within two years before their employment or within three months of employment; said bus drivers and bus guardians shall take at least 8 hours of basic cardiopulmonary resuscitation training, at least 3 hours of courses on safety education (including transportation safety), and at least one emergency drill every two years during their period of employment. Preschools shall assist the municipal or county (city) competent authority in conducting relevant training, courses, or drill at least once per quarter.

1Educare service institutions shall establish health management systems. Educare service institutions shall assist the municipal and county (city) competent health authority to deliver health examinations for children, and administer health guidance or referral treatment according to the results of the examination.

2Educare service institutions shall record, file, and store information on the results of children’s health and disease examinations, referral treatment, and immunization records.

3Within one month from the beginning of the school year or after the child is enrolled, the parents or guardian shall provide the educare service institution with their child’s immunization record referred to in the preceding Paragraph.

4If the parents or guardian do not provide the information referred to in the preceding Paragraph, the educare service institution shall notify the parents or guardian to provide said information. If said information is not provided by the parents or guardian within one month after they have received notification, the educare service institution shall notify the competent health authorities.

5Educare service institutions, responsible persons, and other personnel shall maintain confidentiality with regard to children’s information. However, information where consent is given by the parents or guardian or required by other legal provisions shall be exempt from this restriction.

1In order to appropriately manage children’s emergencies, injuries, or sickness, educare service institutions shall establish measures and regulations for rescue procedures, hospital transport, guidelines for ambulance support, and crisis management prior to the parents’ or guardian’s arrival.

2In accordance with Paragraph 6 of Article 8, the regulations regarding facility and equipment standards require preschools to establish health facilities to provide resources for health management, emergency care management, health care, nutrition consultation, and to assist health education.

3Preschool nurses shall receive, once every two years, 8 hours of emergency medical training conducted by an institution, school, or group approved by a teaching hospital or competent authority.

1Educare service institutions shall apply group insurance for children in accordance with the Group Insurance of Students at Schools at Senior Secondary Level or Below and Young Children at Educare Service Institutions Act and relevant regulations.

2The educare service institution shall proactively assist in applications for children’s insurance claim.

3The competent authorities at all levels shall provide public liability insurance for all educare service institutions under said jurisdiction. This will be funded on a yearly basis by the central competent authority annual budget.

1Preschools may establish parent associations, and affiliated preschools of junior high and elementary schools may establish such associations in conjunction with the school parent associations.

2The parent associations described in the preceding Paragraph may join regional parent associations.

3The mission, organization, operations, and other relevant matters prescribed in the autonomous laws and regulations of preschool parent associations shall be stipulated by the municipal or county(city) competent authority.

1Parents or guardians and parent associations may request the following information from the municipal or county (city) competent authority, who shall not refuse such requests:

21. Educare service policies.

32. Educare service quality monitoring mechanisms and practices.

43. A list of approved educare service institutions.

54. Regulations regarding the fees and refund of educare service institutions and the tuition amount.

65. Results and reports on preschool accreditation and evaluations.

1Educare service institutions shall make public the following information:

21. Goals and content of educare.

32. Certification and education/professional experience of preschool educators and other personnel.

43. Hygiene, safety, and emergency measures.

54. The administrative organization and staff quota established in accordance with Articles 16 and 17.

65. The implementation of group insurance in accordance with Paragraph 1 of Article 34.

76. Regulations regarding standards for charging and refund, fee items and amounts, and fee remission in accordance with Paragraph 4 of Article 43.

87. Approved quota for enrollment and actual number of children enrolled.

Parents or guardians may request the educare service institution for explanation if they dissent to the means or the content of educare services. The educare service institution may not refuse explanation without valid reason, and shall make adjustments or modifications as needed.

Parent associations and preschool educators’ associations at the municipal or county(city) level may participate in the municipal or county(city)competent authority’s planning of preschool accreditation and evaluation.

1In cases where it is alleged that a young child’s rights or interests have been harmed by an educare service institution’s educare services, parents or guardians may file a complaint with said educare service institution. If parents or guardians are dissatisfied with the responses to the complaint, they may appeal to the municipal or county(city) competent authority where the educare service institution is located within 30 days upon receiving a response to their complaint. If dissatisfied with the decision of the municipal or county(city) competent authority, parents or guardians may proceed with litigation or appeal in accordance with the law.

2The municipal or county(city) competent authority shall convene an appeals and arbitration committee to deal with the matters described in the preceding Paragraph; members of the appeals and arbitration committee shall include representatives from the competent authority, educare and child welfare groups, preschool educators associations, parent associations, administrative personnel from the educare service institution, and scholars or experts specialized in law, education, child welfare, psychology, or counseling. Non-agency representatives shall account for no less than half of the total number of members, and members of either gender shall account for more than one-third of the total members. The municipal or county(city)competent authority shall stipulate autonomous regulations regarding the organization, structure, and matters of appeal.

1Parents and guardians shall fulfill the following obligations:

21. To pay tuition in accordance with the contract of educare services.

32. To participate in case discussions or activities conducted by the educare service institution regarding the special needs for their children.

43. To attend parenting activities held by the educare service institution.

54. To inform of any/all physical and mental needs of their children, provide information regarding health status when necessary, and assist the educare service institution in improving the physical and mental health of their children.

6The respective competent authority shall actively provide resources and assistance to parents or guardians of children referred to in Subparagraph 4 of the preceding Paragraph.

1Educare service institutions shall sign written contracts with parents or guardians of the children when entrusted to provide educare services for their children.

2Regarding the form and contents of the contracts in the preceding Paragraph, the central competent authority shall provide sample contracts for reference purposes only.

3In the case of violation of preschool enrollment quota referred to in Paragraph 6 of Article 8, the parent or guardian may notify the preschool in writing of termination of contract within 30 days of knowing such violation, and the preschool shall refund collected fees for the current term to the parent or guardian and is not subject to the restrictions of refund standards referred to in Paragraph 2 or Paragraph 6 of Article 43.

1The charges and uses of fees of educare service institutions shall be stipulated by the central competent authority.

2The autonomous laws and regulations regarding the charging and refund standards of public preschools shall be stipulated by the municipal or county (city) competent authority in accordance with the charges and uses of fees in the preceding Paragraph.

3In consideration of operation costs, private educare service institutions may set fee standards in accordance with the charges and use of fees stipulated by the central competent authority in Paragraph 1. Private educare service institutions shall make public the information on fee standards prior to the start of the school year and submit said information to the municipal or county (city) competent authority to file for reference prior to collecting fees from parents or guardians of enrolled children.

4Regulations regarding standards for charging and refund, fee items and amounts, and fee remission shall be made public at least one month prior to the start of each term.

5The standards for charging and refund, fee items and amounts, and fee remission referred to the in the preceding Paragraph shall be made public by the municipal or county (city) competent authority on an information website for its establishment or reference.

6For children who are unable to continue attending an educare service institution, educare service institution shall refund the parent or guardian based on the length of attendance of their child; the municipal or county (city) competent authority shall stipulate regulations regarding refunds and fee standards.

1The municipal or county(city) competent authority shall provide proper assistance or subsidy to educare service institutions within its jurisdiction that give priority enrollment to children on offshore islands or in remote areas, or those who need assistance economically, physically or mentally, culturally, or ethnically.

2The regulations on assistance or subsidy in the preceding Paragraph shall be stipulated by the central competent authority.

1Educare service institutions shall establish dedicated accounts for the collection and management of revenue and expenditures; the legal receipts of revenue and expenditures shall be retained for a period as prescribed by the tax law.

2The account books and receipts of private educare service institutions shall be established, obtained, and retained in accordance with relevant tax regulations.

3Educare service institutions affiliated with juridical persons shall maintain independent finances.

1Municipal and county(city) competent authorities shall implement inspection and guidance of educare service institutions, and shall conduct accreditation and evaluation of preschools. The results and reports of accreditation and evaluation shall be made public on an information website.

2Educare service institutions shall not evade, impede, or refuse inspection, accreditation, or evaluation described in the preceding Paragraph.

3Regulations regarding categories, items, indicators, and subjects, as well as the qualifications and training of evaluators, implementation, announcement of results, claims, appeals, and follow-up evaluation of the accreditation and evaluation referred to in Paragraph 1 shall be stipulated by the central competent authority.

The municipal and county(city) competent authority shall grant incentives to educare service institutions for outstanding performance. The autonomous laws and regulations regarding incentives, subjects, categories, and methods shall be stipulated by the municipal or county(city) competent authority.

1Child care centers that concurrently operate after-school care of elementary school students in accordance with the Children and Youths Welfare Act prior to December 31, 2011, and have converted to preschool after January 1, 2012, may continue said operations.

2After January 1, 2012, preschools which provide services other than educare services and have extra space that can clearly be divided may apply to the municipal or county(city) competent authority for approval to concurrently operate after-school care for elementary school students and shift less than one-half of the originally approved quota for preschool children to after-care school care quota; however, said preschools shall not discontinue its educare services.

3The Regulations for Establishment and Management of After-school Care Service Classes and Centers for Children shall apply to the service content, personnel qualifications, and regulations for charging and refund of the after-school care services for elementary school students referred to in the preceding Paragraph; the Regulations on Management of School Buses and relevant regulations shall apply to those who need to purchase or lease a school bus for transporting children.

4The regulations regarding requirements for approval, personnel quota, management, facilities and equipment, and other binding matters referred to in Paragraphs 1 and 2 shall be stipulated by the central competent authority.

1The responsible person may not, in the capacity of a representative of an organization other than educare organization, hold a position on the consultation, evaluation, or appeals and arbitration committee for educare services.

2In the case of violation of the preceding Paragraph, the competent authority shall appoint another individual.

3The recusal of members of the evaluation or appeals and arbitration committee shall be handled in accordance with the applicable provisions of the Administrative Procedure Act.

1Any responsible persons or other personnel of an educare service institution who violate the provisions of Paragraph 1, Article 30 and have imposed any of the following acts on children shall be subject to a fine of not less than NT$60,000 and not more than NT$600,000 and have the name of the offender and institution be made public:

21. Physical and mental mistreatment.

32. Corporal punishment, bullying, sexual harassment, improper discipline, or any other acts of physical or mental violence or improper behavior of a serious nature.

1Under any of the following situation, the responsible persons or offenders shall be subject to a fine of not less than NT$60,000 and not more than NT$300,000; in addition, the preschool shall be ordered to suspend operations. Refusal to comply may be subject to consecutive fines:

21. Violation of Paragraph 1 of Article 8 by enrolling children or conducting educare services without approval.

32. Violation of Paragraphs 2 to 4 of Article 10 by enrolling children or conducting educare services without approval.

43. Violation of Paragraph 2 of Article 48 by enrolling children or conducting after-school care services without approval.

5If any of the Subparagraphs in the preceding Paragraph is true, the municipal or county (city) competent authority shall make public the address of the preschool and the name of the responsible person or offender.

1For preschools if any of the following situation pertains, the responsible person shall be subject a fine of not less than NT$60,000 and not more than NT$300,000, and the preschool shall be ordered to take corrective actions by a specified date; failure to take corrective actions by the specified date shall result in consecutive fines per violation. Serious violations or failure to take corrective actions after 3 fines may, depending on the severity of the violation, result in the reduction of number of children enrolled within a certain period, the suspension of enrollment for 6 months to one year, suspension of operations for 1 to 3 years, or the revocation of establishment permit:

21. Violation of Paragraph 6 of Article 8 regarding the enrollment quota by exceeding the enrollment quota by over 15 children or by deliberately hiding children during inspections.

32. Violation of Paragraph 1 of Article 16 regarding the class size or Paragraph 4 of Article 16 regarding the number of preschool educators per class.

43. Violation of Articles 23 to 25 or Paragraph 3 of Article 28 by knowingly employing other personnel who are not permitted to work in educare service institutions and not taking action in accordance with laws and regulations.

54. Violation of Paragraph 2 of Article 29 by not taking action to replace the chairperson or supervisor of an educare service institution unsuitable for the position.

65. Violation of Paragraph 1 of Article 34 by failing to apply group insurance for children.

1For community, tribal, or workplace cooperative educare service institutions if any of the following situation pertains, the responsible person shall be subject to a fine of not less than NT$60,000 and not more than NT$300,000, the institution shall be ordered to take corrective actions by a specified date, and failure to take corrective actions by the specified date shall result in consecutive fines per violation. Serious violations or failure to take corrective actions after 3 fines may, in accordance with the seriousness of the case, result in the reduction of number of children enrolled, suspension of enrollment for 6 months to one year, suspension of operations for 1 to 3 years, or revocation of establishment registration:

21. Violation of Articles 23 to 25 or Paragraph 3 of Article 28 by knowingly employing other personnel who are not permitted to work in educare service institutions and not taking action in accordance with laws and regulations.

32. Violation of Paragraph 2 of Article 29 by not taking action to replace the responsible person, chairperson, or supervisor of an educare service institution unsuitable for the position.

43. Violation of Paragraph 1 of Article 34 by failing to secure group insurance for children.

54. Violation of Paragraph 3 of Article 43 by failing to submit fees and charges to the municipal or county(city) competent authority to file for reference or charge higher fees or charge for more items without filing for reference; or violation of Paragraph 6 of Article 43 by failing to give refunds in accordance with autonomous regulations.

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1If any of the following situation pertains to an educare service institution, the responsible person shall be fined not less than NT$50,000 and not more than NT$250,000, and the educare service institution shall be ordered to take corrective actions by a specified date, and failure to take corrective actions by the specified date shall result in consecutive fines per violation. If necessary, the institution may be subject to suspension of enrollment or revocation of establishment registration:

21. Violation of Article 15 by failing to submit information about newly employed teachers within 30 days of hiring for reference.

32. Violation of Paragraph 2 of Article 27 by failing to conduct checks before hiring or employing any new personnel.

4Any responsible persons or other personnel of an educare service institution who violate Article 26 shall be subject to a fine of not less than NT$30,000 and not more than NT$150,000.

For educare service institutions, responsible persons, or other personnel who violate the provisions of Paragraph 5 of Article 32, the responsible person or other personnel shall be subject to a fine of not less than NT$30,000 and not more than NT$150,000, and may be fined consecutively per violation.

1For preschools if any of the following situation pertains, the responsible person shall be subject a fine of not less than NT$9,000 and not more than NT$90,000, and the preschool shall be ordered to take corrective actions by a specified date; failure to take corrective actions by the specified date shall result in consecutive fines per violation. Serious violations or failure to take corrective actions after 3 fines may, depending on the severity of the violation, result in the reduction of number of children enrolled within a certain period, the suspension of enrollment for 6 months to one year, suspension of operations for 1 to 3 years, or the revocation of establishment permit:

21. Violation of the standards or regulations for basic facilities, equipment, or enrollment quota prescribed in Paragraph 6 of Article 8.

32. Violation of Paragraph 1 of Article 20 by employing unqualified personnel.

43. Violation of Paragraph 2 of Article 31 by transporting children in unapproved children-only buses or vehicles over the maximum age of 10 years, exceeding the number of people allowed in the vehicle, or failing to allocate qualified preschool educators or minors.

54. Violation of Paragraph 3 of Article 31 regarding regulations for the color and markings of the children-only bus, the transportation of children, bus drivers, and bus guardians.

65. Violation of Paragraph 2 of Article 48 by discontinuing the preschool’s educare services.

1For community, tribal, or workplace cooperative educare service institutions if any of the following situation pertains, the responsible person shall be subject to a fine of not less than NT$9,000 and not more than NT$90,000, the institution shall be ordered to take corrective actions by a specified date, and failure to take corrective actions by the specified date shall result in consecutive fines per violation. Serious violations or failure to take corrective actions after 3 fines may, depending on the severity of the violation, result in the reduction of number of children enrolled, suspension of enrollment for 6 months to one year, suspension of operations for 1 to 3 years, or revocation of establishment registration:

21. Violation of Paragraph 5 of Article 10 regarding mandatory or prohibitive regulations on enrollment quota, qualifications and allocation of personnel, fee collection and refund, environment, facilities and equipment, healthcare and sanitation, inspection, and management.

32. Violation of Paragraph 1 of Article 20 by employing unqualified personnel.

1For educare service institutions if any of the following situation pertains, the responsible person shall be subject to a fine of not less than NT$6,000 and not more than NT$60,000, the institution shall be ordered to take corrective actions by a specified date, and failure to take corrective actions by the specified date shall result in consecutive fines per violation. Serious violations or failure to take corrective actions after 3 fines may, depending on the severity of the violation, result in the reduction of number of children enrolled, suspension of enrollment for 6 months to one year, suspension of operations for 1 to 3 years, or revocation of establishment registration:

21. Violation of Paragraph 6 of Article 8 regarding regulations on floor plan, required space, gross floor area, floor area for interior and exterior activity space, height and quantity of sanitary equipment, and provisions regarding the reconstruction, relocation, expansion, change of name, replacement of the responsible person, or suspension of operations.

32. Violation of Paragraph 5 of Article 12 regarding mandatory regulations on healthcare or prohibitive regulations on educare and child care services.

43. Violation of Article 15 by failing to submit information about personnel changes within 30 days for reference.

54. Violation of Paragraph 3 of Article 16 regarding the allocation of full-time preschool educators or violation of Paragraph 5 regarding the additional allocation of preschool educators at affiliated preschools of public schools.

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1For educare service institutions if any of the following situation pertains, the responsible person shall be subject to a fine of not less than NT$3,000 and not more than NT$15,000, the institution shall be ordered to take corrective actions by a specified date, and failure to take corrective actions by the specified date shall result in consecutive fines per violation. Serious violations or failure to take corrective actions after 3 fines may, depending on the severity of the violation, result in the reduction of number of children enrolled, suspension of enrollment for 6 months to one year, suspension of operations for 1 to 3 years, or revocation of establishment registration:

21. Violation of Paragraph 6 of Article 30 by failing to establish regulations, enforce them thoroughly, or review them regularly for improvement.

32. Violation of Paragraph 1 of Article 31 by failing to enforce protective measures during the arrival and departure of children to and from the educare service institution.

43. Violation of Paragraph 1 of Article 32 by failing to establish health management systems.

54. Violation of Paragraph 2 of Article 32 by failing to record, file, and store information on the results of children’s health and disease examinations, referral treatment, and immunization records.

65. Violation of Paragraph 4 of Article 32 by failing to notify the parents or guardian to provide the child’s immunization record or failure to notify the competent health authorities in accordance with regulations.

1Bus drivers, bus guardians, or nurses to whom any of the following situation pertains shall be ordered to take corrective actions by a specified date and failure to take corrective actions by the specified date shall result in a fine of not less than NT$1,000 and not more than NT$6,000 consecutively per violation:

21. Violation of Paragraph 4 of Article 31 by failing to receive at least 8 hours of basic cardiopulmonary resuscitation training, at least 3 hours of courses on safety education (including transportation safety), and at least one emergency drill within the stipulated period.

32. Violation of Paragraph 3 of Article 33 by failing to receive 8 hours of emergency medical training every two years.

4Those for whom one of the Subparagraphs of the preceding Paragraph is true shall not be penalized if the cause is confirmed by the municipal or county(city) competent authority to be not attributable to said bus driver, bus guardian, or nurse.

5In the case that the cause in the preceding Paragraph is attributable to the preschool, the preschool shall be ordered to take corrective actions by a specified date and failure to take corrective actions by the specified date shall result in a fine of not less than NT$1,000 and not more than NT$6,000 consecutively per violation. Serious violations or failure to take corrective actions after 3 fines may, depending on the severity of the violation, result in the reduction of number of children enrolled within a certain period, suspension of enrollment for 6 months to one year, suspension of operations for 1 to 3 years, or revocation of establishment permit.

1Specific terms and dates for corrective actions and penalties stated in this Act shall be determined by the municipal or county(city) competent authority; municipal or county(city) competent authorities may handle in accordance with Paragraph 2 of Article 18 of the Administrative Penalty Act.

2Regarding educare service institutions that violate this Act and are subject to fines, reduction of number of children enrolled, suspension of enrollment, suspension of operations, or revocation of establishment permit by the municipal or county(city) competent authority, the name and responsible persons of said educare service institution shall be made public by the municipal or county(city) competent authority.

3If the nature of the educare service institution is a juridical person and the establishment permit has been revoked by the municipal or county(city) competent authority, said competent authority should notify their court to issue an order to disincorporate.

4The publication period of the responsible person, offender, and name of the institution referred to in Article 50, Paragraph 2 of Article 51, Paragraph 2 of Article 58, and Paragraph 2 of this Article shall be stipulated by the central competent authority.

1For public child care centers or government licensed or registered private child care centers before December 31, 2011, and have converted into a preschool in accordance with this Act, at least one of the preschool educators allocated to each class of children over 5 years old and prior to entering elementary school shall be a preschool teacher, in accordance with Paragraph 1 of Article 17, by August 1, 2025 at the latest.

2For public child care centers before December 31, 2011 who have their establishment permit revoked by failing to convert to a preschool in accordance with Paragraph 1 of Article 55(pre-amendment) before the promulgation of this Act on June 27, 2018, the central competent authority shall, in accordance with the financial situation, subsidize the municipal or county(city)competent authority to establish a public preschool or non-profit preschool at the original location or in adjacent areas.

Kindergartens or child care centers that have acquired category F-3(child care center or kindergarten)construction permit and building use permit in accordance with the Building Act prior to the December 31, 2011, or have acquired child care center preliminary permits in accordance with the Regulations for the Establishment and Permission of Private Children and Youth Welfare Institutes, or have acquired kindergarten preliminary permits in accordance with the Preschool Education Act, may apply for preschool establishment permits between January 1, 2011 and December 31, 2013 in accordance with the provisions regarding facility and equipment during that period. Other institutions shall comply with the provisions of facility and equipment under Paragraph 6 of Article 8 of this Act.

Competent authorities at all levels shall collect, handle, or use personal information and establish a database of preschool-level children and preschool educators in order to understand and plan for educare services and subsidies for children, as well as the quota and allocation of preschool personnel.

The enforcement rules of this Act shall be stipulated by the central competent authority.

The effective date of this Act shall be determined by the Executive Yuan.