Article 9
When a supplementary compulsory school, supplementary advanced education school, or short-term tutorial center is established, amends its registration, or is closed, each of the following regulations must be observed:
1. In the case of supplementary schools affiliated with elementary and junior high schools, the approval of a designated educational authority at the appropriate level shall be required.
2. In the case of supplementary advanced education schools affiliated with senior high or senior vocational schools, the approval of the designated educational authority at the appropriate level shall be required.
3. In the case of supplementary advanced education schools affiliated with institutions of education at the level of junior college or higher, the approval of the central designated educational authority shall be required.
4. In the case of short-term tutorial centers, the approval of a designated educational authority in the appropriate special municipality, county, or county-level city shall be required. The central designated educational authority shall adopt regulations to provide for the following: the conditions and procedures for the establishment, amendment of registration, closure, and accreditation of such centers; their names, subject areas and curricula, and durations of study; their facilities and management; the eligibility requirements for their responsible persons, faculty, and staff; the standards for and method of collecting and refunding fees; the number of students per class and procedures for the protection of students' rights; inspections, assessments, guidance, and awards for such centers; the conditions for revoking their establishment; and other matters for compliance. Related regulations for the management of such centers shall be adopted by the designated educational authority of the appropriate special municipality, county, or county-level city in accordance with the aforementioned regulations of the central designated authority.
The protection of students' rights referred to in Subparagraph 4 of the preceding paragraph includes that each short-term tutorial center shall enter into a written contract with each student, clearly specifying the student’s rights and obligations of both parties. The central competent educational authority shall formulate a standard contract template to govern the format and content of the contract, as well the matters required for and prohibited from inclusion in the contract.
When the name of a responsible person or a faculty or staff member is involved in the recruitment of students or in a written contract by a short-term tutorial center, or in any advertising or promotion of the center done using its premises, the media, or by any other means, the person’s real name shall be disclosed without exception, in addition to the registered name of the center, and no falsehood or misrepresentation is permitted. The same requirement shall applies to the person in charge and all staff members when they engage in work duties, external recruitment of students, or advertising.
Before hiring or employing any faculty or staff member, a short-term tutorial center shall submit to the competent educational authority of the appropriate special municipality, county, or county-level city basic information including the relevant name list, 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. If the faculty or staff member to be hired or employed is a foreign national, when initially applying for the work permit for the first time, the center shall also attach a certificate of good conduct certificate issued by the country of issuance of the foreign national’s passport. The competent educational authority of the appropriate special municipality, county, or county-level city shall take the initiative to verify the documentation and may send personnel to conduct a check. The same procedure shall apply when there is any change to a faculty or staff member.
The competent educational authority of the appropriate special municipality, county, or county-level city may send personnel bearing identification documents to enter the short-term tutorial center to inspect the conditions and procedures of its establishment, floors and area, facilities, equipment and management, service personnel, subject area programs and content, the method and standards for refunding fees, the number of students per class, and the protection of students' rights, and other compliance matters as prescribed under this Act and local government ordinances, and order the center to provide relevant information or documentary proof. The short-term tutorial center may not evade, impede or refuse such inspection.
If any of the following circumstances applies to a faculty or staff member of a short-term tutorial center, that person shall have their contract terminated or be dismissed from employment:
1. The person has been convicted of sexual assault, sexual harassment, or sexual exploitation and has no avenue of further appeal, or is subject to an arrest warrant for such a case which has not yet been settled.
2. The person has committed sexual assault, or has committed sexual harassment, sexual bullying, or conduct injurious to the rights and interests of a child or youth, of a serious nature and the circumstances have been investigated and verified by the competent educational authority in the appropriate special municipality, county, or county-level city.
3. The person has committed sexual harassment, sexual bullying, or conduct injurious to the rights and interests of a child or youth, and the circumstances were not of a serious nature, and the competent special municipality, county, or county-level city education administration authority determines that it is necessary for the person to have their contract terminated or be dismissed from employment. After considering the circumstances of the case, it may also determine that the person is not permitted to be re-appointed or employed again for a period of one to four years.
If any of the circumstances referred to in the subparagraphs of the preceding paragraph pertain to the person in charge of a short-term tutorial center, the competent educational authority in the appropriate special municipality, county, or county-level city shall revoke the short-term tutorial center's registration.
A person to whom the circumstances set out in Paragraph 6, Subparagraphs 1 or 2, or in Article 14, Paragraph 1, Subparagraph 8 and 9 of the Teachers' Act pertain is not permitted to serve as the person in charge of a short-term tutorial center or a faculty or other staff member. The same restriction applies to any person to whom the circumstances referred to in Paragraph 6, Subparagraph 3 or who has been involved in any case of sexual harassment or sexual bullying, as referred to in the latter part of Article 14, Paragraph 2 of the Teachers' Act pertain, for a period of one to four years from the determination or resolution regarding the case.
Before hiring or employing a faculty or staff member, a short-term tutorial center shall carry out inquiries with the competent educational authority in the appropriate special municipality, county, or county-level city to find out whether any of the circumstances referred to in the preceding paragraph have occurred.
When a personnel member of the short-term tutorial center becomes aware in the course of carrying out their work duties that the person in charge or any faculty or staff member has been involved in circumstances referred to in any of the subparagraphs of Paragraph 6 with any student, the staff member shall report the case to the competent educational authority in the appropriate special municipality, county, or county-level city, in addition to filing any reports required in accordance with any other relevant laws and regulations.
The central competent social welfare authority shall establish a database of persons who have been subject to a penalty imposed by the competent social welfare authority at any level, in accordance with the provisions of Article 20 of the Sexual Harassment Prevention Act or Article 97 of the Protection of Children and Youths Welfare and Rights Act, and shall assist the competent educational authority in the appropriate special municipality, county, or county-level city to carry out relevant inquiries.
Regulations governing the determinations, reporting, information collection, inquiries made before and during employment, information processing and use, and any other matter relating to the circumstances referred to in Paragraph 6 and from Paragraph 8 to the preceding paragraph that has compliance requirements shall be formulated by the central educational authority in consultation with other relevant competent authority.
If a short-term tutorial center violates any provision of Paragraphs 3 to 5, 9 or 10, the competent educational authority in the appropriate special municipality, county, or county-level city shall impose an administrative fine of not less than NT$50,000 and not more than NT$250,000 on the person in charge of the short-term tutorial center,, and may order the center to take corrective action within a prescribed time period. If the violation is not corrected within the prescribed time period, consecutive fines shall be imposed for each successive failure to correct the violation. When necessary, that competent authority also may order the center to halt its recruitment of students, or revoke the short-term tutorial center's registration.