Definition of Terminology

There are three types of schools that teach at the preschool level in Taiwan. Namely kindergartens and nurseries, which Taiwanese government refers to as “educare institutions”

(Early Childhood Education and Care Act, 2013); and buxibans (cram schools).

Understanding the complex and often convoluted differences between these schools is necessary for understanding both the legal pitfalls and gray areas NESTs in Taiwan operate in.

As stated above, nurseries, kindergartens, and buxibans (crams schools) cater to the preschool level: ages two through elementary. Kindergartens and nurseries can be subdivided into private and public institutions. All buxibans are privately owned. Due to greater government control, there is no evidence that NESTs are working at public kindergartens or nurseries in Taiwan. Private kindergartens, nurseries, and buxibans are defined by their licenses, which are stipulated according the strict regulations regarding their curriculum, provided services, and teacher qualifications.

Kindergarten licensing depends on several factors. Requirements include indoor and outdoor space, student to teacher ratio, ages of students (4-5), and the qualification of teachers (Hsieh, 2008). Kindergartens must hire teachers according to strictly specified standards (Early Childhood Education and Care Act, 2013). Furthermore the curriculum taught in kindergartens is restricted to, physical, language (first language), cognition, aesthetic emotional, and interpersonal development (Early Childhood Education and Care Act, 2013). Foreign languages such as English are not considered developmentally appropriate. Kindergartens are also restricted as to what kinds of care services they can provide, be it meals or napping areas.

Educators in kindergartens, are referred to as Teachers (Hsieh, 2008). Parents who enroll their children in kindergartens are also eligible for a government voucher (Ho, 2006).

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Private nurseries are distinguished from private kindergartens by larger class sizes and a focus on care rather than education. Educators in nurseries are referred to as nurses (Hsieh, 2008).

Furthermore nurseries employ those with two year college degrees (Hsieh, 2008). Children in nurseries cover a larger age range than those in kindergartens (ages 2-5) (Hsieh, 2008).

Buxibans (cram schools) also provide education at the preschool age and are less regulated than both nurseries and kindergartens (Hsieh, 2008). Looser regulations are exhibited in terms of classroom sizes, school spaces, teacher qualifications, age of students and curriculums. Buxibans are considered to be supplementary education (Supplementary Education Act, 2013). Although it is forbidden for ‘young children’ to attend buxibans, the practice is exceedingly common (Supplementary Education Act, 2013; Cai, 2016).

This study specifically addresses NESTs operating in the myriad of institutions that manifest at the preschool level; be it private kindergartens, nurseries, or buxibans. For the sake of streamlining, this study refers to these schools as: Private Preschool Institutions (PPIs). In this study, a PPI unless noted, refers to all private institutions that teach at the preschool level (ages two through elementary).

The English term “kindergarten” is used by expatriates in Taiwan to refer to the above discussed myriad of teaching activities in PPIs, whereas buxiban refers specifically to cram schools occurring between the ages of six and high school with class placement in the afternoons and evenings. Foreign teachers who use the term ‘kindergarten’ are often referring to the teaching of what the Taiwanese government refers to as ‘young children’; that is children older than two but not yet in elementary school (Early Childhood Education and Care Act, 2013).

Similarly, while there are ‘buxibans’ that teach preschool aged kids, these are referred to by expatriates as “kindy” or kindergarten. NESTs in Taiwan often do not understand the

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differences in licensing within PPIs and organize schools according to the age taught, in this case ages two through elementary; or ‘kindergarten’.

This age group, referred to as ‘young learners’, is subject to a ‘legal grey area’, which can result in the deportation of NESTs. Deportation is due to working illegally. The illegality of this refers to the act of working at a place not specified on their work permit, and not due to teaching ‘young learners’ specifically (Employment Service Act, 2006). Likewise, NESTs can also be deported for substitute teaching at a school which is not listed on their Alien Resident Card (ARC). Thus once a NEST is in possession of an APRC (Alien Permanent Resident Card) they will no longer risk deportation, as their visa is no longer dependent upon their employment.

However, the school or institution is still subject to fines, and the NEST may lose their jobs. The following sections will attempt to define this legal ‘gray area’ (Table 1) in black and white terms.

Table 1 The "Legal Gray Area"

Types of School NESTs Young Learners

Consequence to NEST without

APRC Nurseries Foreigners and English not

allowed

Thus far we have established that NESTs in Taiwan risk deportation for teaching at the preschool level in Taiwan. Based on this one would assume that it is the act of teaching by a

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foreigner at the preschool level that is expressly illegal. ESL recruitment websites for major private school chains address the issue openly stating “although it is technically illegal, it is a legal grey area” (Is Teaching Preschool Illegal, 2017). In order to further understand the phenomenon of English teaching at the preschool level, we need to gaze into the legal fog in which these schools operate.

The question of English teaching at the kindergarten level was first addressed in 1981 with the Preschool Education Act which expressly banned both the teaching of English and foreigners in Kindergartens (Oladejo, 2006). This initial ban was initiated a part of the Kuo Min Tangs pro-Chinese ‘Language Planning Policy’ (LPP) (Su, 2006).

The question came to the foreground again in 2004 with Taiwan’s Challenge 2008 Education Development Scheme which sought to make education both more globalized and internationalized for young learners (Chou & Ching, 2012). The government decreased the English language learning age from the fifth grade to the third year, with classes starting in the first grade where resources are available.

As established in the literature review, chapter 2, other market forces have created a boom in ESL teaching at the kindergarten level. Increased attention to English teaching yielded a request for clarification regarding the issue. In 2004 the Ministry of Education announced a ban on English medium kindergartens stating that “foreign language learning at the kindergarten level was not developmentally appropriate” (Taiwan to Ban Kindergarten, 2004). The same announcement also stated that foreigners were barred from working in kindergartens as they are not qualified teachers (Taiwan to Ban Kindergarten, 2004). In the event that a foreigner is caught teaching in a school registered as a kindergarten, they will be deported for working illegally and the school will be fined.

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Bowing to market demand and a desire to stay competitive, private education entrepreneurs have been creative in their skirting of government regulations. One method is not registering the kindergarten (Taichung City Government, 2010). While illegal, this practice has been argued to be tolerated, as there are fears the registered kindergartens could not handle the surplus of children (Hsieh, 2008). Another way is simply registering the PPI as a kindergarten then having the foreign teachers run or hide when education officials arrive (Appendix C: Nelson, John, Rachel, Jim, Hugo, Kyle).A final and probably the most common practice is registering a PPI as a buxiban and teaching preschool aged kids English there. Schools registered as buxibans will choose English and Chinese names suggestive of them being a kindergarten; “Bilingual Kindergarten” for example (MOE Clarifies English Learning, 2004). While outwardly registered as a buxiban, some of these schools conduct day to day business as though they were a kindergarten, providing meals, sleeping areas, outdoor play time, English instruction, and of course NESTs; practices not allowed according to their licenses (Cai, 2016).

The practice of teaching English, as well as abacus, mental arithmetic, and speed reading in buxibans to preschoolers was banned first in 2004 (Taiwan to Ban Kindergarten, 2004) and again in 2009 with the passage of the Supplementary Education Act (Bill Seeks to Protect Young, 2009; MOE, 2013). The practice continues however, with schools regularly popping up in the Taiwanese television news (Cai, 2016). While still illegal, NESTs caught at a buxiban are not typically deported, as their ARC is correctly registered.

In the context of this study, preschool refers to all teaching activities at the ‘young learners’’ level (ages 2-6). Conversely, unless explicitly stated buxiban refers to age six and above or cram schools. This study specifically addresses all NESTs who teach ages two through elementary in private preschool institutions (PPIs), be them nurseries, registered or unregistered

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kindergartens or buxibans. Essentially all practices which fall into the “legal gray area”.