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Laws and Regulations

Enforcement Rules of the Statute for Preschool Educators

Announced Date:2018-03-28
Article 1
These Enforcement Rules have been formulated in accordance with the provisions of Article 42 of the Statute for Preschool Educators (hereunder referred to as “the Statute”).
Article 2
The preschool educators stipulated in Article 3 of  the Statute include preschool educators working at centers providing the community cooperative educare services, and centers providing the tribal cooperative educare services referred to in Article 10 of the Early Childhood Education and Care Act (hereunder referred to as the “Educare Act”).
Article 3
The five years or more of actual service stipulated in Article 6, Paragraph 1, Subparagraph 2 of the Statute refers to the accumulated total number of actual years of service spent engaged in education and care work on-site in one or more preschools, not including any period when the person was on leave without pay with their position retained.
The actual years of service for the responsible person stipulated in Article 6, Paragraph 1, Subparagraph 2 of the Statute may shall be counted beginning from after the person has acquired a graduation diploma after completing an early childhood education related or early childhood care related division, department, or graduate institute program.
The recognition of an early childhood education related or early childhood care related division, department, or graduate institute program referred to in Article 6, Paragraph 1, Subparagraph 2 of the Statute undertaken before July 31, 2013, shall be conducted in accordance with the provisions of Article 3, Subparagraph 1, and Article 17-1, Paragraph 2 of the Regulations for Governing Qualifications and Training of Professional Personnel of Children and Youth Welfare Institutes as they were before the amendments which took effect on May 30, 2012. The recognition of programs undertaken after August 1, 2013 shall be conducted in accordance with the provisions of regulations of institutions of higher education governing the approval and recognition of early childhood education related and/or early childhood care related departments, graduate institutes, degree programs, minors, and credit courses.
Article 4
The recognition of institution of higher education early childhood education related or early childhood care related colleges, departments, graduate institutes, degree programs, divisions, and minors referred to in Article 6, Paragraph 3, Subparagraph 1, Item 2, and Subparagraph 2, Item 1 of the Statute shall be conducted in accordance with the provisions of Article 3, Subparagraph 1, and of Article 17-1, Paragraph 2 of the Regulations for Governing Qualifications and Training of Professional Personnel of Children and Youth Welfare Institutes that were in force prior to the amendments which took effect on May 30, 2012.
Article 5
The term “circumstances of a serious nature” used in the Statute, Article 12, Paragraph 1, Subparagraph 2 refers to any one of the following circumstances that a preschool educator has been involved in, and regarding which the special municipality or county (city) competent authority has determined that the circumstances constitute an infringement of children's rights or interests, of a serious nature.
  1. The person has been penalized in accordance with the provisions of Article 97 of the Protection of Children and Youths Welfare and Rights Act, Article 20 of the Sexual Harassment Prevention Act, or of Article 44 or Article 45 of the Child and Youth Sexual Exploitation Prevention Act.
  2. The person has been involved in any one of the situations set out in Article 14, Paragraph 1, Subparagraph 8 to Subparagraph 12 of the Teachers’ Act.
  3. The person has been involved in a sexual harassment or sexual bullying incident as referred to in the second half of Paragraph 2 of Article 14 of the Teachers’ Act and is currently in the period of one to four years that was formally decided on.
  4. The person has been involved in any one of the situations set out in Article 9, Paragraph 6, Subparagraph 2 of the Supplementary Education Act.
  5. The person has been involved in any of the matters set out in Article 9, Paragraph 6, Subparagraph 3 of the Supplementary Education Act and is currently in the period of one to four years that was formally decided on.  
  6. The person has been found guilty of being involved in any other serious matter that is sufficient to affect a child's physical and/or psychological health and the person has been convicted with no further right of appeal.
Article 6
When a preschool established by a township (town, city) or a mountain indigenous district of a special municipality is handling matters related to the retirement or bereavement compensation of the head or a teacher of a in accordance with Article 13, Paragraph 1, and Article 14 of the Statute, it shall submit a report to the township (town, city) office or the mountain indigenous district office in the special municipality for review and approval; the funds required shall be provided by the township (town, city) office or the mountain indigenous district office in the special municipality.
Article 7
Only the full-time teachers actually providing on-site education and care services in each of the classes at a preschool (referred to below as a “homeroom teacher”) may be concurrently appointed as a counselor for their class and be paid a counselor’s occupational allowance.
Each class in a preschool shall appoint a maximum of two homeroom teachers for each class. However, in any one of the following situations, a preschool may appoint just one homeroom teacher for a class:
  1. A class for children aged at least two years old who have not turned three years old has eight or fewer children enrolled.
  2. A class for children aged at least three years old and prior to entering elementary school has 15 or fewer children enrolled.
A mixed class for children aged at least two years old or older and prior to entering elementary school set up at a preschool on an outlying isl
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