These regulations are established in accordance with Article 76, Paragraph 3 of the Children and Youth Welfare and Rights Protection Act (hereinafter referred to as 'this Act').
The term 'competent authority' in these regulations refers to the Ministry of Education at the central level; the municipal government in municipalities; and the county (city) government in counties (cities).
The terms in these regulations are defined as follows:
- 1. After-school care services (hereinafter referred to as 'this service'): Services that recruit elementary school children, providing diversified services primarily focused on life care and homework assistance during non-school hours to promote children's healthy growth, support women's marriage and childbirth, and give parents peace of mind for employment.
- 2. After-school care service classes (hereinafter referred to as 'after-school care classes'): Classes established by public or private elementary schools to provide after-school care services.
- 3. After-school care service centers (hereinafter referred to as 'after-school care centers'): Institutions established by township (town, city, district) offices, private individuals (including natural persons or legal entities), or organizations to provide after-school care services.
Classes established by public elementary schools or centers established by township (town, city, district) offices are public; others are private.
Public elementary schools or township (town, city, district) offices (hereinafter referred to as 'entrustors') may entrust legally registered public or private institutions, legal entities, or organizations (hereinafter referred to as 'entrustees') to operate public after-school care classes or public after-school care centers.
Such entrusted operations must comply with government procurement laws and related regulations. If the entrustee receives excellent evaluations in providing this service, the entrustor may extend the contract for one year; the fees, activity content, personnel qualifications and training plans, class arrangements, operating times, locations, management plans, and necessary matters regarding the entrustee's contract renewal must be specified in the bidding documents.
If a public elementary school entrusts the operation of this service, it should provide all facilities and equipment within the school. If the entrustee needs to use other places, facilities, or equipment outside the school, safety and service activity needs for teachers and students must be prioritized, and it must be approved by the school and reported to the competent authority of the municipality or county (city).
For after-school care services that enroll five or more children, these regulations must be followed. However, this does not apply to social welfare, public service, charitable, or religious organizations that provide this service for free and are legally registered or established.
When elementary schools operate after-school care classes, they should fully inform parents and try to align with general parental working hours, allowing parents to decide on voluntary participation without coercion.
For after-school care classes and centers (hereinafter referred to as 'after-school care classes and centers'), the principle is to limit the number of children to fifteen per class, with a maximum of twenty-five.
In public after-school care classes and centers, the principle is to enroll two children with disabilities per class, and the number of students in that class should be proportionately reduced.
Elementary schools may provide this service in specialized classes based on the needs of children with disabilities.
The competent authorities of municipalities and counties (cities) may prioritize public elementary schools and district offices to establish after-school care classes and centers in remote islands, rural areas, indigenous communities, or special areas, or subsidize township (town, city) offices, private individuals, or organizations to establish after-school care centers.
If it is difficult to establish after-school care centers in remote islands, rural areas, indigenous communities, or special areas, special reports may be submitted to the competent authorities of municipalities and counties (cities) for approval, and the provisions of the approval shall be followed.
The aforementioned special areas are determined by the competent authorities of municipalities and counties (cities).
Public after-school care classes should prioritize enrolling low-income, disabled, and indigenous children.
The fees for public after-school care classes are as follows:
- 1. Low-income, disabled, and indigenous children: Free.
- 2. Children with special circumstances: Those approved by the school after assessment and reported to the competent authorities of municipalities and counties (cities) may have reduced fees.
- 3. General children: Charged according to the provisions of Article 20.
Children listed in the preceding paragraph, except as specified in Article 5, Paragraph 4, should be distributed among different classes.
For every twenty children enrolled by the elementary school or entrustee, the cost of the reduction in the second item shall be borne by one child; the remaining cost shall be subsidized by the competent authorities of municipalities and counties (cities); if it is still insufficient, the central competent authorities may provide further subsidies based on actual conditions.
The participation rate of low-income, disabled, indigenous, and other children with special circumstances in this service will be regarded as an important indicator for the educational guidance of elementary schools providing this service.
The competent authorities of municipalities and counties (cities) shall establish an after-school care service review committee in accordance with Article 76, Paragraph 4 of this Act. Its tasks are as follows:
- 1. Develop the goals and policies for promoting after-school care services for children in municipalities and counties (cities).
- 2. Coordinate and plan the promotion of after-school care services by the competent authorities of municipalities and counties (cities).
- 3. Review other matters related to after-school care services.
The review committee shall have thirteen to seventeen members, appointed by the mayor of the municipality or the county (city) head, and the convener shall be the mayor or a designated representative. Members include experts and scholars in education, representatives from parent groups, women's groups, public childcare organizations, labor organizations, child and youth welfare organizations, and representatives from government agencies.
Public after-school care classes are designated by the competent authorities of municipalities and counties (cities) from public elementary schools or applications made by public elementary schools, and upon approval by the competent authorities of municipalities and counties (cities), they shall proceed with the operation. Private after-school care classes, if designated by the competent authorities of municipalities and counties (cities), shall proceed with the operation upon approval by the competent authorities.
For private after-school care classes operated by private elementary schools, they must fill out an application and submit the following documents and materials for approval by the competent authorities of municipalities and counties (cities):
- 1. Purpose of establishment and business plan.
- 2. Asset inventory and sources of funding.
- 3. Budget: detailing the annual income and expenditure budget.
- 4. Organizational chart, number of supervisors and staff, qualifications, conditions, work items, and benefits.
- 5. Fee and refund regulations and service provisions.
- 6. Minutes of the board meeting of the school foundation approving the establishment of after-school care classes.
The public elementary schools specified in the first two items include experimental public elementary schools affiliated with teacher education universities and public elementary schools or primary sections affiliated with secondary schools and above.
The designation or application process and required documents and materials shall be defined by the competent authorities of municipalities and counties (cities).
Public and private after-school care centers must fill out an application and submit the following documents in five copies to the competent authorities of municipalities and counties (cities) for approval:
- 1. Basic information about the center, including name, address, and person in charge; the person in charge must also submit a declaration stating compliance with Article 81, Paragraph 1 of this Act and a criminal record certificate.
- 2. Purpose of establishment and business plan.
- 3. Building location map and floor plan, indicating the area, purpose, and total area in square meters for each floor.
- 4. Proof of land and building usage rights: including land and building registration certificates, a copy of the building usage license, building completion drawings, fire safety equipment drawings, and proof of inspection approval by fire safety authorities. If the land or building ownership does not belong to a private individual or organization, a notarized lease contract or usage agreement valid for more than three years from the application date must be provided.
- 5. Asset inventory and sources of funding.
- 6. Budget: detailing the annual income and expenditure budget.
- 7. Organizational chart, number of supervisors and staff, qualifications, conditions, work items, and benefits.
- 8. Fee standards and service regulations.
- 9. Proof of operation guarantee.
- 10. A copy of the public liability insurance policy.
- 11. If the applicant is a legal entity or organization, a copy of the registration or establishment certification document, and a copy of the document approving the establishment of after-school care centers by the competent authority.
The proof of operational guarantee and the public liability insurance coverage amounts mentioned in the preceding item shall be announced by the competent authorities of municipalities and counties (cities).
The competent authorities of municipalities and counties (cities) may require the applicant to submit the original documents specified in the first item for inspection as needed.
If the competent authorities of municipalities and counties (cities) designate district offices to operate after-school care centers, they shall proceed with the operation upon approval by the competent authorities of municipalities and counties (cities).
The naming and renaming of after-school care classes and centers must comply with the following provisions:
- 1. Private after-school care classes and centers must not use names that could mislead the public into thinking they are associated with government agencies.
- 2. After-school care classes must include the designation 'affiliated with the school'; those entrusted as per Article 4 must clearly indicate the names of the entrustor and the entrustee.
- 3. Public after-school care centers must include the name of the township (town, city, district) office that established them; those entrusted as per Article 4 must clearly indicate the names of the entrustor and the entrustee.
- 4. Private after-school care centers must include the name of the municipality or county (city) where they are located, along with the words 'private,' and may also include the name of the individual or organization.
- 5. Private after-school care centers in the same municipality or county (city) must not use the same name. However, if established by the same individual or organization, they may use the same name with distinguishing characters added.
After receiving applications as specified in Article 10, the competent authorities of municipalities and counties (cities) should conduct on-site inspections with relevant authorities. If they meet the provisions of these regulations, they shall approve the establishment and issue a certificate of establishment approval.
The certificate of establishment approval must at least state the name, address, person in charge, area of the center, maximum number of enrollees, approval date, and approval document number; the format shall be determined by the competent authorities of municipalities and counties (cities).
If any of the items stated in the certificate of establishment approval change, the person in charge must apply for a change of registration within thirty days from the occurrence of the fact and obtain a new certificate of establishment approval.
If an after-school care center relocates, it must reapply for establishment approval from the competent authority of the new location; if relocating outside the original administrative region, it must also apply for suspension from the original competent authority.
If an after-school care center ceases operation or suspends services, it must apply to the competent authority of the municipality or county (city) for approval at least thirty days in advance, stating the reasons and dates; the same applies when resuming operations after a suspension.
If an after-school care center has been approved for establishment but does not commence operations within one year, or if it suspends operations and fails to apply for approval as specified in the previous paragraph, the competent authority of the municipality or county (city) should require rectification within a specified period; if not improved by the deadline, the establishment approval may be revoked. The same applies if the center fails to resume operations after the approved suspension period.
The suspension period specified in the first paragraph is limited to one year; an extension may be applied for another year if necessary.
When a center is making modifications, expansions, reductions in area, or increasing or decreasing the number of enrollees, it must submit the following documents and materials for approval by the competent authority of the municipality or county (city) at least thirty days prior:
- 1. The original certificate of establishment approval.
- 2. Items and content of changes.
- 3. The approval documents for building modifications, expansions, or reductions and the building layout diagram, clearly indicating the range of changes.
- 4. Certificates of compliance with fire safety equipment issued by the fire safety authority.
- 5. The indoor and outdoor activity area sizes after changes.
- 6. The purposes and areas of the premises after changes.
- 7. The method of placing children.
After the approved changes are completed, the after-school care center must report to the competent authority of the municipality or county (city) for verification; if passed, a new certificate of establishment approval will be issued. If not processed or not in accordance with the approved contents, the competent authority may revoke its establishment approval.
After-school care centers must submit enrollment status reports to the competent authorities of municipalities and counties (cities) for reference by June 30 and December 31 each year.
After-school care centers must submit copies of public liability insurance policies to the competent authorities of municipalities and counties (cities) for reference by December 31 each year.
After-school care centers must submit copies of health check results for the director, after-school care service personnel, and other staff every two years to the competent authorities of municipalities and counties (cities) for reference.
The services of after-school care centers are divided into three categories:
- 1. Regular services: provided during the school semester.
- 2. Winter and summer vacation services: provided during the winter and summer vacations.
- 3. Temporary services: provided in response to the temporary needs of parents, guardians, or other persons who actually care for the children.
The fees collected by after-school care centers and their purposes are as follows:
- 1. Registration fee: for maintenance of hardware facilities.
- 2. Monthly fee: for personnel costs.
- 3. Processing fee: for transportation, teaching materials, meals, activity costs, etc.
- 4. Temporary service fee: for costs related to temporary service hours.
When applying for permission, after-school care centers should consider their operational costs and establish fee standards based on the fees and purposes specified in the previous article, which must be approved by the competent authorities of municipalities and counties (cities).
The competent authorities of municipalities and counties (cities) should consider the fee items and purposes, the scale of the center, and operating costs when approving the fee standards, and after-school care centers may only collect fees from children's parents according to the approved content.
If there is a need to change the fee items and standards, after-school care centers must apply for approval from the competent authorities of municipalities and counties (cities) thirty days before the start of each semester, providing reasons and the proposed change date.
After-school care centers must issue formal receipts for fees collected, and they may not require children or parents to return the receipt copies for any reason.
The receipts must state the name, address, certificate number of establishment approval, service period, fee items, amounts, total amount, and refund regulations of the after-school care center.
After-school care centers must establish written contracts with children's parents regarding the content, time, transportation methods, handling of excess or insufficient hours, care and protection obligations, emergency procedures, contract termination, fee and refund methods, liability for breach of contract, complaint handling, jurisdiction, and other rights and obligations of both parties.
The template for the written contract shall be announced by the central competent authorities.
The fee standards for public after-school care classes providing this service shall be set as a maximum by the competent authorities of municipalities and counties (cities) based on the following calculation method:
- 1. School-operated:
During school hours, the fee per student shall be NT$260 × total number of service sessions ÷ 0.7 ÷ number of students.
During after-school hours and winter/summer vacations, the fee per student shall be NT$400 × total number of service sessions ÷ 0.7 ÷ number of students.
If provided during both school hours and after-school hours, the fee per student shall be (NT$260 × total number of school hours service sessions ÷ 0.7 ÷ number of students) + (NT$400 × total number of after-school hours service sessions ÷ 0.7 ÷ number of students).
- 2. Entrusted operations:
During after-school hours and winter/summer vacations, the fee per student shall be NT$410 × total service hours ÷ 0.7 ÷ number of students.
The total number of service sessions mentioned in the first item shall be calculated as forty minutes per session.
The fees mentioned in the first item may be collected monthly or as a lump sum; if there are fewer than fifteen participating children, the fee may be increased, but it must not exceed 20% of the maximum fee standards determined by the competent authorities of municipalities and counties (cities).
If the total number of service hours cannot be implemented as originally planned due to unforeseen circumstances, fees should be reduced proportionately.
The items supported by the fees collected by public after-school care classes shall be divided into the following two categories:
- 1. Administrative costs:
- (1) Administrative costs include electricity, material costs, labor and health insurance, retirement funds, severance payments, overtime pay, bonuses, and liability insurance for workers' rights protection.
- (2) Administrative costs shall be limited to 30% of the total fees collected. However, if entrusted, the administrative costs of the entrustee shall be limited to 20% of the total fees, and the school's administrative costs shall be limited to 10%.
- 2. Hourly wages: shall be limited to 70% of the total fees collected.
If the fees collected are insufficient to cover the costs, hourly wages shall be paid first.
When public elementary schools handle this service themselves, they may adopt a collection and payment method and must manage accounting books properly.
The fee standards for private after-school care classes providing this service shall apply mutatis mutandis to the provisions for public after-school care classes operated by the schools.
The fee items and income and expenditure methods for private after-school care classes shall also apply mutatis mutandis to the preceding article.
After-school care classes must have the following personnel:
- 1. Executive Secretary: one person; if operated by the school, it may be assigned from among the school's teachers by the principal; if entrusted, it must be filled by qualified personnel hired by the entrustee.
- 2. After-school care service personnel:
- (1) For every twenty-five children enrolled, one person must be assigned; if there are fewer than twenty-five, it shall be counted as twenty-five.
- (2) If operated by the school, it may be assigned from among the school's teachers or hired qualified personnel, with prior consultation with the teachers; if entrusted, it must be filled by qualified personnel hired by the entrustee and reported to the entrusted school for record at least seven days before the start of classes.
- 3. Administrative personnel or other staff: assigned as needed by the school and may be assigned from among the school's teachers; if entrusted, assigned as needed by the entrustee.
After-school care centers must have the following personnel:
- 1. Director: one person, full-time, who may also support the center's after-school care service operations.
- 2. After-school care service personnel: one person for every twenty-five children enrolled; if there are fewer than twenty-five, it shall be counted as twenty-five.
- 3. Administrative personnel or other staff: assigned as needed.
After-school care centers must report to the competent authorities of municipalities and counties (cities) the names of the director, after-school care service personnel, administrative personnel, and other staff along with the following documents for approval before enrolling children; the same applies to after-school care classes that are entrusted:
- 1. Copies of qualification certificates for the director and after-school care service personnel.
- 2. Declarations stating that all personnel have not violated Article 81, Paragraph 1 of this Act, along with criminal record certificates.
- 3. Copies of health examination reports for all personnel.
If there are changes to the personnel listed in the previous paragraph, they must be reported to the competent authorities of municipalities and counties (cities) for record within thirty days from the occurrence of the changes.
If the director or staff of after-school care classes or centers falls under any of the circumstances specified in Article 81, Paragraph 1 of this Act, the after-school care classes or centers must report to the competent authorities, and when verifying compliance with Article 81, Paragraph 2, they must collect and inquire about the information; the reporting, information collection, inquiries, and other related matters shall comply with the provisions for reporting and information collection for unfit educational personnel.
The executive secretary of after-school care classes, the director of after-school care centers, and after-school care service personnel must meet at least one of the following qualifications:
- 1. Qualified teachers from senior high school or below, kindergarten or childcare workers, or assistant childcare workers.
- 2. Teachers hired under the provisions for part-time substitute teachers and auxiliary staff in primary and secondary schools. However, auxiliary staff who graduated from schools below senior high school must complete 180 hours of specialized training for after-school care personnel recognized by the competent authorities of municipalities and counties (cities) or entrusted institutions.
- 3. Graduates of colleges and universities or above who have completed the required education courses for teacher training.
- 4. Professionals qualified under the Children's and Youth Welfare Institutions' professional personnel criteria, excluding childcare workers.
- 5. Graduates of senior high school or above who have completed 180 hours of specialized training for after-school care personnel recognized by the competent authorities of municipalities and counties (cities).
If it is difficult to recruit qualified personnel in remote areas, islands, indigenous communities, or special areas, the competent authorities of municipalities and counties (cities) may approve the reduction of training hours required in the second or fifth item.
This service targeting children requiring individual counseling should, as needed, hire full-time or part-time social welfare or counseling professionals; for children with disabilities, it should hire full-time or part-time special education teachers or professionals as needed.
The executive secretary of after-school care classes, the director of after-school care centers, and after-school care service personnel must participate in at least eighteen hours of in-service training organized by the competent authorities of municipalities and counties (cities) each year.
After-school care classes and centers should grant leave for staff participating in the aforementioned training and establish training records to be kept for at least three years.
The in-service training specified in the first paragraph may be organized by the competent authorities of municipalities and counties (cities) themselves, commissioned to professional organizations, legal entities, or schools of specialized or higher education, or approved training conducted by professional organizations recognized by the competent authorities of municipalities and counties (cities).
Qualified teachers from elementary schools and teachers hired under the provisions for part-time substitute teachers and auxiliary staff who participate in legal studies, research, or training courses during the year may be credited towards the hours required for in-service training in the first paragraph, as recognized by the competent authorities of municipalities and counties (cities).
After-school care centers must ensure that the indoor floor area and outdoor activity area, after excluding offices, health rooms, sanitary facilities, kitchens, storage rooms, fire escape areas, staircases, balconies, legally designated parking spaces, and porticos, meet the following requirements:
- 1. Total activity area for children: must exceed seventy square meters.
- 2. Indoor activity area: no less than 1.5 square meters per child.
- 3. Outdoor activity area: no less than 2 square meters per child; if located in an area with a population density exceeding 12,000 people per square kilometer or an area designated for urban development, the required area per child may be reduced to 1.3 square meters. If there is no outdoor area or the outdoor area is insufficient, it may be replaced with the same indoor activity area.
The term 'administrative districts' in the preceding paragraph refers to the districts delineated under Article 3, Paragraph 3 of the Local System Act; the term 'areas designated for urban development' refers to land use designated in the urban planning documents of the relevant administrative districts, excluding agricultural areas, conservation areas, river areas, drainage areas, scenic areas, and other areas not designated for construction.
After-school care centers must have fixed locations and complete dedicated spaces; if a building has multiple floors, the operational space shall be limited to the ground floor and up to the fourth floor.
When applying to expand operational scope, after-school care centers may use adjacent floors or directly above or below floors within the same building; any other building or structure must be within the permitted land area of the original center, and both must use the ground floor.
After approval from the competent authorities of municipalities and counties (cities), after-school care centers may use the following without being restricted by the first paragraph:
- 1. Use of one underground floor for administrative or storage purposes that do not involve children's activities.
- 2. Use of an underground floor located on sloped land or due to ground leveling, which is not used as air raid shelter, for children's play space.
After-school care centers must have the following facilities and equipment:
- 1. Classrooms.
- 2. Activity rooms.
- 3. Play areas.
- 4. Sleeping rooms.
- 5. Health rooms or health kits.
- 6. Office or administrative areas.
- 7. Kitchens.
- 8. Sanitary facilities.
- 9. Other necessary facilities or equipment related to this service.
Facilities and equipment specified in the first to the sixth items may be adjusted or combined based on actual needs.
For the sanitary facilities stated in item eight, the following quantities must be met, with specifications suitable for children; toilets should be designed with partitions:
- 1. Toilets:
- (1) Boys: one for every fifty boys; if fewer than fifty, calculated as fifty.
- (2) Girls: one for every ten girls; if fewer than ten, calculated as ten.
- 2. Boys' urinals: one for every thirty boys; if fewer than thirty, calculated as thirty.
- 3. Water taps: one for every ten children; if fewer than ten, calculated as ten.
The buildings, facilities, and equipment of after-school care classes and centers must comply with the following requirements:
- 1. Built and set up in accordance with building, health, fire safety, and other regulations, taking into consideration the individual needs of children.
- 2. Properly designed to accommodate children's special safety needs, with effective management and maintenance.
- 3. Ensure equal access for children with physical or mental disabilities.
- 4. The environment must be kept clean and sanitary, with sufficient indoor lighting and ventilation.
The formats for documents specified in these regulations, except for those stipulated in Article 19, Paragraph 2, shall be determined by the competent authorities of municipalities and counties (cities).
The competent authorities of municipalities and counties (cities) may conduct regular or irregular inspections and audits of after-school care classes and centers, with safety measure audits conducted at least once a year.
When inspecting and auditing after-school care classes and centers, the competent authorities of municipalities and counties (cities) may require submission of business reports or related materials and documents; the responsible persons or relevant personnel of the after-school care classes and centers may not evade, hinder, or refuse.
The relevant regulations regarding inspections and audits specified in the previous two paragraphs shall be determined by the competent authorities of municipalities and counties (cities).
Within three months from the implementation of these regulations, the competent authorities of municipalities and counties (cities) shall notify after-school care centers approved for establishment prior to the implementation of these regulations to fill out application forms and submit the following documents within the time limit specified in Article 116, Paragraph 1 of this Act for reform:
- 1. Basic information about the person in charge: including name, copy of national identification card, and address.
- 2. Documents proving that the director and after-school care service personnel meet the qualifications specified in Article 23.
- 3. Original establishment approval certificate and a copy.
- 4. Building layout plan and a copy of the public liability insurance policy.
- 5. Certificates of inspection and public safety inspection for the building, or proof of compliance with improvement requirements. If the building has been licensed for use and is subsequently notified by the building authority regarding the first inspection, the public safety inspection and submission periods may be extended past the application reform date.
The competent authorities of municipalities and counties (cities) may formulate additional regulations in accordance with these regulations.
These regulations shall come into effect on May 30, 2012. The revised provisions of these regulations shall come into effect from the date of publication.
蘊藏許多助人的知識與智慧。