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Enforcement Rules of the Student Guidance and Counseling Act

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  • Date:107-08-06
Enforcement Rules of the Student Guidance and Counseling Act
Article 1
These regulations have been formulated in accordance with the provisions of Article 23 of the Student Guidance and Counseling Act (hereinafter referred to as “the Act”).
Article 2
Qualifications for guidance counselors at elementary schools are as follow:
1. Full-time guidance counselors:
(1) From the 2012 academic year to the 2016 academic year, a full-time guidance counselor shall have one of the following qualifications:
A. Be a graduate of a guidance, counseling, or psychology related department or institute (including minors, and dual-majors) and hold an Elementary School Teacher's Certificate, or have both a Teacher's Certificate for teaching guidance (activities) or a teacher’s certificate for specialized teaching of Integrative Activities Learning Area Guidance Activities, and an Elementary School Teacher's Certificate.
B. An Elementary School Teacher's Certificate that additionally records their having a specialization in Guidance. 
(2) Beginning from the 2017 academic year, a full-time guidance counselor shall have an Elementary School Teacher's Certificate that additionally records their having a specialization in Guidance.
2. The selection of qualified teachers currently employed at a school to work part-time as guidance counselors shall be undertaken based on their professional backgrounds, in the following preferential order:
(1) Being qualified to work as a full-time guidance counselor.
(2) Having earned forty academic credits completing guidance and counseling courses.
(3) Having earned twenty academic credits completing guidance and counseling courses.
Article 3
Qualifications for guidance counselors at junior high schools are as follow:
1. Full-time guidance counselors:
(1) From the 2012 academic year to the 2016 academic year, a full-time guidance counselor shall have one of the following qualifications: 
A. Be a graduate of a guidance, counseling, or psychology related department or institute (including minors, and dual-majors) and have a Secondary School Teacher's Certificate.
B. Have a Secondary School Teacher's Certificate for teaching guidance (activities), or a Junior High School Teacher's Certificate for specialized teaching of Integrative Activities Learning Area Guidance Activities.
(2) Beginning from the 2017 academic year, a full-time guidance counselor shall hold a Secondary School Teacher's Certificate in teaching Guidance (Activities), or a Junior High School Teacher's Certificate for specialized teaching of Integrative Activities Learning Area Guidance Activities.
2. The selection of qualified teachers currently employed at a school to work part-time as guidance counselors shall be undertaken based on their professional backgrounds, in the following preferential order:
(1) Being qualified to work as a full-time guidance counselor.
(2) Having earned forty academic credits completing guidance and counseling courses.
(3) Having earned twenty academic credits completing guidance and counseling courses.
Article 4
Full-time guidance counselors at senior secondary schools shall have a Secondary School Teacher's Certificate for teaching Guidance (Activities), or a Secondary School Teacher's Certificate for teaching Guidance and Counseling.
Article 5
The dedicated student guidance unit referred to in Article 4, Paragraph 1 of the Act refers to the unit established by the competent authority at each level, with dedicated staff and a budget, which is responsible for handling student guidance and counseling affairs.
Article 6
The Ministry of Education shall appoint one director to each student counseling center established in accordance with Article 4, Paragraph 2 of the Act to oversee its operations.
Article 7
Schools shall list the students who receive intervention counseling and remedial counseling and provide them with follow-up guidance and counseling. 
Schools may convene a case conference regarding the specific situation of a student referred to in the previous paragraph, and formulate related measures, such as a guidance and counseling program or plan. 
Schools may invite school administrative personnel, related teachers, guidance counselors, professional guidance counselors, a student's parents, and the student himself or herself to participate in formulating related measures, such as a guidance and counseling program or plan. 
In the light of an individual student’s guidance and counselling needs, schools may flexibly handle the student's attendance and/or assessment of their performance, and proactively provide assistance with their academic work, without being subject to the regulations pertaining to requests for leave or to performance assessment.
Article 8
Schools at the junior college level, or higher that are setting up a student counseling working committee in accordance with the provisions of Article 8, Paragraph 4 of the Act may do so by amalgamating or rearranging existing work groups of a similar nature or with similar duties.
Article 9
The collection, processing, and use of student information referred to in Article 9, Paragraph 1 of the Act shall be undertaken respecting the rights and interests of the student and any other individual involved, with an honest and trustworthy approach. The collection, processing, and use of student information is not permitted to extend beyond the scope necessary for specific designated purposes and shall have a proper reasonable connection with the purpose(s) for which the information is collected.
Article 10
Schools may store the student counseling information referred to in Article 9, Paragraph 2 of the Act in print or electronic form, and any such information shall be stored for ten years after the student whose information it is graduates or otherwise leaves the school. 
Schools shall regularly destroy student counseling information that has already been retained for a period exceeding the prescribed period, in principle, once a year.
Article 11
Calculation of the number of full-time guidance counselors to be employed as part of the staffing complement of schools up to and including senior secondary level, stipulated in Article 10 of the Act, is as follows:
1. Elementary schools with 24 or fewer classes shall employ one full-time guidance counselor; those with between 25 and 48 classes shall employ two full-time guidance counselors; and those with 49 or more classes shall employ additional full-time guidance counselors at the same proportionate rate.
2. Junior high schools with 15 or fewer classes shall employ one full-time guidance counselor; those with between 16 and 30 classes shall employ two full-time guidance counselors; and those with 31 or more classes shall employ additional full-time guidance counselors at the same proportionate rate.
3. A senior secondary school with 12 or fewer classes shall employ one full-time guidance counselor; those with between 13 and 24 classes shall employ two full-time guidance counselors; and those with 25 or more classes shall employ additional full-time guidance counselors at the same proportionate rate.
The number of the classes referred to in the preceding paragraph is calculated by adding the number of general classes within the school providing compulsory education or senior secondary level education (including practical skills classes), classes for artistically gifted students, classes for athletically gifted students, and self-contained special education classes.
Article 12
In principle, the professional guidance counselors appointed in accordance with the provisions of Article 11, Paragraph 5 of the Act by schools at junior college level or above shall be appointed to a full-time position, and the total hours of intervention counseling or remedial counseling services provided by part-time professional guidance counselors may be counted as equivalent to one or more full-time positions. This is done as follows: 
1. If fewer than three professional guidance counselors are to be appointed, the personnel so appointed shall be full-time.
2. If three or more professional guidance counselors must be appointed, the school may appoint up to one-third of the total number of professional guidance counselors on a part time basis, using the total number of hours they work providing intervention counseling or remedial counseling services to calculate the number of full-time positions to be filled. A total of 576 such hours are worked in one year may be considered the equivalent of one full-time professional guidance counselor position.
All schools at junior college level or above shall complete the employment of professional guidance counselors in accordance with the provisions of Article 11, Paragraph 5 of the Act by December 31, 2017.
Article 13
Schools up to and including senior secondary level may use a written examination, an oral examination, and/or a demonstration of counseling work to screen candidates for full-time guidance counselor positions, in principle, using a composite evaluation method that incorporates two or more of these methods, including a demonstration of counseling work. 
Article 14
The forty hours of pre-service basic training courses to be arranged for newly appointed directors of counseling or counseling section chiefs, newly appointed guidance counselors, and newly assigned professional guidance counselors, in accordance with the provisions of Article 14, Paragraph 2 of the Act, may include general courses on guidance and counseling related laws and regulations, networking and collaboration, care and protection of children and adolescents, and gender equity education, and specific specialized courses to provide the training needed for different positions.
The in-service training courses for directors of counseling or counseling section chiefs, guidance counselors, and professional guidance counselors stipulated in Article 14, Paragraph 4 of the Act may include courses in the categories of professional ethical standards and laws and regulations, student guidance and counseling practice and theory, and major issues related to student guidance and counseling. 
Article 15
The personnel involved in student counseling work referred to in Article 17, Paragraph 1 of the Act include school teachers, administrative personnel, military instructors, guidance counselors, professional guidance counselors, special education professional personnel, teaching assistants, teacher's aides for special needs students, and other support personnel, at all stages of education, or personnel who have previously held a position involving student counseling work.
The term “professional ethical standards” used in Article 17, Paragraph 2 of the Act refers to the professional ethical standards that the various personnel referred to in the preceding paragraph who are involved in student counseling work must comply with, as appropriate to their personal or professional status, in accordance with the relevant provisions of the Teachers' Act, the Psychologists' Act, and the Social Worker Act. 
Article 16
In accordance with the provisions of Article 21, Paragraph 1 of the Act, parents, guardians, or legal representatives of students at schools up to and including senior secondary level shall play a supportive complementary part in the student guidance and counseling plans and associated measures arranged by the school and ask the student involved to comply with them. 
Article 17
In accordance with the provisions of Article 22 of the Act, beginning from August 1, 2017, schools up to and including senior secondary level and their competent authority shall increase the number of full-time guidance counselors and full-time professional guidance counselors employed each year, in order to achieve the number of personnel employed stipulated in Article 10 and Article 11 of the Act.
 
Article 18
These enforcement rules shall take effect on the date of promulgation.

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