Regulations Governing Establishment of Programs at Public Elementary and Junior High Schools for Children of Professionals Recruited from Overseas

2023-12-18
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Article 1
These Regulations have been formulated in accordance with the provisions of Paragraph 2, Article 30 of the Primary and Junior High School Act(hereunder referred to as “the Act”).
Article 2
In order to recruit foreign professionals and outstanding experts in the field of science and technology(hereunder collectively referred to as “foreign professionals”)from outside Taiwan in accordance with the provisions of Paragraph 2, Article 30 of the Act, the central competent authority shall consult with the competent authorities of special municipalities and counties(cities)in which there are areas with clusters of foreign professionals, to select public elementary and public junior high schools under their jurisdiction(hereunder abbreviated to “schools”)which are suitable to set up special programs for the children of foreign professionals(hereunder referred to as “foreign students’ programs”)after approval to do so has been given by the central competent authority.
The term “foreign professionals” used in the preceding paragraph refers to a person in either of the following categories:
1.A foreign professional, foreign special professional, or foreign senior professional as defined in the Act for the Recruitment and Employment of Foreign Professionals.
2.Outstanding overseas scientific and technological personnel as defined in Article 2 of the Regulations for Studying in Taiwan for Children of Outstanding Overseas Scientific and Technological Personnel.
Article 3
The schools referred to in Paragraph 1 of the preceding article that set up foreign students’ programs shall draft a foreign students’ program establishment plan to be submitted to the competent authority of the special municipality, county or city to forward to the central competent authority for review and approval. The schedule for the review process is as follows:
1.By July 31 of the year before the academic year in which the plan would be implemented, a school selected to set up a foreign students’ program will submit an establishment plan to the special municipality, county or city competent authority for review.
2.After a special municipality, county or city competent authority has reviewed and approved a school’s plan, by September 30 of the year before the academic year in which the plan would be implemented, it will submit the plan to the central competent authority requesting its approval.
3.By November 30 of the year before the academic year in which the plans would be implemented, the central competent authority shall finalize a list of the schools which have had their establishment plans reviewed and approved.
4.The schools referred to in the preceding subparagraph must make their associated enrolment guidelines public by March 31 of the academic year in which their respective plans will be implemented.
The establishment plans referred to in the preceding paragraph shall include the following items:
1.Educational need assessment.
2.Basic school information:
(1)The school’s location
(2)The size of the school and the number of staff in its staffing complement.
(3)The school’s administrative operations
(4)The school’s facilities and equipment
3.Enrollment guidelines, including the admission method(s), the admission quota and number of classes, eligibility for enrollment, application documents and information, review process, tuition fee, miscellaneous fees, handling and service fees, and the course structure.
4.Course plans, teaching methods, teaching materials, learning assessment, eligibility for graduation or course completion, and guidance planning.
5.Source(s)and allocation of teaching staff, including details of the specific professional expertise and the number of current school teaching staff who can provide assistance and of any additional teachers it would be necessary to employ.
6.Plans for guidance for students’ life adaptation, academic learning, and links to their future education or transition to the next education stage, including planning counseling or special education personnel.
7.An administrative support plan.
8.Available classroom space and associated facilities and equipment.
9.Funding requirements, including funding for administrative operations, course development and implementation, additional facilities and equipment, teacher recruitment, and professional development.
10.Any other document(s)and/or information designated by the central competent authority..
The amounts to be charged for the tuition fee and miscellaneous fees stipulated in Subparagraph 3 of the preceding paragraph shall be announced by the central competent authority. Book fees ??shall be charged by each school based on actual needs, and the remaining chargeable handling and service fee items and the respective amounts charged shall be handled in accordance with the handling and service fee provisions of the autonomous regulations of the competent authority of the special municipality, county or city where the school providing a foreign students’ program is located.
Article 4
In principle, the number of students in each foreign students’ program class will be fifteen.
If the number of applicants admitted to a foreign students’ program exceeds the approved enrollment quota for a school, the school that set up the program shall report the matter to the competent authority of the special municipality, county or city which shall transfer the matter to the central competent authority. If the central competent authority gives approval the school may then increase the quota. Alternatively, the school may report the matter to the competent authorities of other special municipalities, counties, or cities which will coordinate the transfer of students to one or more other schools that have set up foreign students’ programs.
Article 5
The curriculum of the foreign students’ programs shall to an appropriate extent include courses on the language, society, culture of Taiwan, and incorporate gender equality education and life education courses. The schools setting up the foreign students’ programs are responsible for planning and implementing these courses and for selecting or developing the teaching materials.
Schools that set up foreign students’ programs shall provide appropriate guidance to the students taking these programs, to facilitate their academic learning, adjustment to life in Taiwan, and transition to other stages of learning and educational levels.
Article 6
Each foreign students’ program class shall have three domestic teachers, and additional foreign teachers may be appointed based on the curriculum needs and the number of class periods of the school that set up the foreign students’ program.
When any approved foreign students’ program does not have any students enrolled, the associated approved number of teaching positions shall be allocated to do other work by the school that set up the foreign students’ program or by the special municipality, county or city competent authority for the school, and these teachers shall give priority to the development of the courses for foreign students’ programs.
The domestic teachers of the foreign students’ programs shall have an international perspective and the ability to teach international courses, and meet the following requirements:
1.Have a teacher certificate issued in Taiwan qualifying them to teach at the appropriate education stage.
2.Have English language skills at or above level B2(Upper-Intermediate)of the Common European Framework of Reference for Languages: learning, teaching, assessment.
Foreign teachers of the foreign students’ programs shall have the qualifications specified in the Regulations Governing Educational Institutions at All Levels Applying for Work Permits for Foreign Teachers and Their Administration.
Domestic and foreign teachers of the foreign students’ programs shall all participate in specialized capacity-building training conducted or designated by the central competent authority.
Article 7
The appointment of the domestic teachers referred to in the preceding article shall be conducted in accordance with the provisions of the Teachers’ Act, the Act Governing the Appointment of Educators, the Regulations Governing the Appointment of Part-time, Substitute, and Acting Teachers by Elementary and Secondary Schools, and related rules and regulations.
The employment of the foreign teachers referred to in the preceding article shall be conducted in accordance with the provisions of the Act for the Recruitment and Employment of Foreign Professionals, the Regulations Governing Educational Institutions at All Levels Applying for Work Permits for Foreign Teachers and Their Administration, and related rules and regulations.
If any of the teachers referred to in the previous two paragraphs are involved in a dismissal, non-renewal of contract, suspension, layoff, or termination of the employment contract as stipulated in the Teachers’ Act, the Act Governing the Appointment of Educators, the Act for the Recruitment and Employment of Foreign Professionals, or related rules and regulations, the matter such as these shall be handled in accordance with the regulations applicable to their status.
Article 8
The number of hours that domestic teachers teach the foreign students’ programs shall be set in accordance with the standards set by the central competent authority governing the weekly number of teaching hours and the supplementary regulations formulated by the competent authorities of the respective special municipalities and counties(cities). The number of hours that foreign teachers teach the foreign students’ programs shall be in accordance with the provisions of their employment contracts.
Article 9
Foreign professionals who apply for their children to attend a foreign students’ program at a school in Taiwan shall complete and submit an application form and the following documents and information to the school:
1.Documentary proof of recognition by the central competent authority of the industry sector in which they are employed, or documentary proof of having a work permit. However, such a person who is in any of the circumstances set out in the provisions of Article 7 of the Act for the Recruitment and Employment of Foreign Professionals is not subject to this requirement.
2.A photocopy of the applicant’s letter of appointment or certificate of employment issued by the institution, agency, educational institution, or organization where the applicant is working(hereunder referred to as the “applicant’s employer”).
3.A photocopy of the applicant’s legal residence(stay)permit.
4.Documentary evidence of the highest educational level reached by the applicant’s child or children and associated transcripts. If the documents are in a language other than Chinese or English, a Chinese or English translation shall be attached. However, this is not required for an application for a child to enter the first grade of elementary school.
5.Documentary proof of the family relationship between the applicant and their child.
6.Other documents and information specified in the admission guidelines or designated by the central competent authority.
The school that set up the foreign students’ program shall review the application referred to in the previous paragraph and notify the applicant of the review result. It shall also report details of the admissions and enrollments to the competent authority of the special municipality, county or city for future reference.
Article 10
If a student taking a foreign students’ program applies to transfer to attend such a program at another public school, the school that they are applying to transfer to shall once again review their eligibility to be admitted to such a program in accordance with the provisions of these Regulations.
Article 11
If any of the application documents or information submitted for a child to enroll in a foreign students’ program are found to contain any falsehood or misrepresentation or be incomplete, the application will not be approved; if the child has already been admitted, their enrollment will be revoked.
If additional material or details may be provided or necessary corrections may be made to the documents and/or information referred to in the previous paragraph, the school shall notify the applicant to provide the additional material or details or make the necessary corrections within a specified period. If the additional material or details have not been provided or the necessary corrections have not been made within the specified period, the matter will be handled in accordance with the provisions of the previous paragraph..
Article 12
These Regulations shall come into effect on the date of promulgation.