Observation by Ying Sheng
Chapter I General Provisions
Article 1 In order to guarantee the right of school-age children and adolescents to receive compulsory education, ensure the implementation of compulsory education and improve the quality of the whole nation, this Law is formulated in accordance with the Constitution and the Education Law.
Article 2 The state implements a nine-year compulsory education system.
Compulsory education is the education that all school-age children and adolescents must receive. It is a public welfare undertaking that must be guaranteed by the state.
Compulsory education is implemented free of tuition and miscellaneous fees.
The state establishes a guarantee mechanism for compulsory education funds to ensure the implementation of the compulsory education system.
Article 3 Compulsory education must implement the national education policy, implement quality education, improve the quality of education, and enable school-age children and adolescents to develop in an all-round way in morality, intelligence and physique. To lay a foundation for cultivating socialist builders and successors with ideals, morality, culture and discipline.
Article 4 All school-age children and adolescents with Chinese nationality, regardless of gender, nationality, race, family property status, religious beliefs, etc., shall enjoy equal rights to receive compulsory education according to law. And fulfill the obligation to receive compulsory education.
Article 5 People's governments at all levels and their relevant departments shall perform their duties as stipulated in this Law and guarantee the right of school-age children and adolescents to receive compulsory education.
Parents or other legal guardians of school-age children and adolescents shall ensure that they enter school on time to receive and complete compulsory education according to law.
Schools that implement compulsory education according to law shall complete their education and teaching tasks in accordance with the prescribed standards. Ensure the quality of education and teaching.
Social organizations and individuals should create a good environment for school-age children and adolescents to receive compulsory education.
Article 6 the State Council and local people's governments at or above the county level should rationally allocate educational resources, promote the balanced development of compulsory education, improve the running conditions of weak schools, and take measures to ensure the implementation of compulsory education in rural areas and ethnic minority areas. Ensure that school-age children and adolescents with financial difficulties and disabilities receive compulsory education.
The state organizes and encourages economically developed areas to support economically underdeveloped areas to implement compulsory education.
Article 7 Compulsory education is implemented under the leadership of the State Council, with the people's governments of provinces, autonomous regions and municipalities directly under the Central Government making overall planning and implementation, and the people's governments at the county level taking the lead in management.
The education administrative departments of the people's governments at or above the county level are specifically responsible for the implementation of compulsory education. Other relevant departments of the people's governments at or above the county level shall be responsible for the implementation of compulsory education within the scope of their respective duties.
Article 8 The educational supervision institutions of the people's governments shall supervise the implementation of laws and regulations, the quality of education and teaching, and the balanced development of compulsory education. The supervision report shall be made public to the public.
Article 9 Any social organization or individual has the right to report or accuse any act that violates this Law to the relevant state organs.
Where a major event that violates this Law occurs, which hinders the implementation of compulsory education and causes great social impact, The people's government with leadership responsibility or the person in charge of the education administrative department of the people's government should take the blame and resign.
Article 1 People's governments at all levels and their relevant departments shall commend and reward social organizations and individuals who have made outstanding contributions to the implementation of compulsory education in accordance with relevant regulations.
Chapter II Students
Article 11 All children who have reached the age of six shall be sent to school by their parents or other legal guardians to receive and complete compulsory education; Children in areas where conditions are not available may be postponed to the age of seven.
If school-age children and adolescents need to postpone their enrollment or drop out of school due to their physical condition, their parents or other legal guardians shall apply. Approved by the local township people's government or the education administrative department of the people's government at the county level.
Article 12 School-age children and adolescents are exempted from entrance examination. Local people's governments at all levels shall ensure that school-age children and adolescents are enrolled in the schools where they are registered.
School-age children and adolescents whose parents or other legal guardians work or live in places where they are not registered receive compulsory education. The local people's governments should provide equal conditions for them to receive compulsory education. The specific measures shall be formulated by the provinces, autonomous regions and municipalities directly under the Central Government.
The education administrative departments of the people's governments at the county level shall guarantee the compulsory education for the children of military personnel within their respective administrative areas.
Article 13 The education administrative departments of the people's governments at the county level and the people's governments at townships and towns shall organize and urge school-age children and adolescents to enter schools to help solve the difficulties for them to receive compulsory education. Take measures to prevent school-age children and adolescents from dropping out of school.
Residents' committees and villagers' committees assist the government to do a good job and urge school-age children and adolescents to enter school.
Article 14 prohibits employers from recruiting school-age children and adolescents who should receive compulsory education.
Social organizations that are approved to recruit school-age children and adolescents for professional training in literature, art and sports according to relevant state regulations should ensure that the enrolled school-age children and adolescents receive compulsory education; Compulsory education should be approved by the education administrative department of the people's government at the county level.
Chapter III Schools
Article 15 The local people's governments at or above the county level shall formulate and adjust the school setting plan according to the number and distribution of school-age children and adolescents living in their respective administrative areas and the relevant provisions of the state. If schools need to be set up in new residential areas, they should be carried out simultaneously with the construction of residential areas.
Article 16 The construction of schools should conform to the provisions of the state. It shall conform to the site selection requirements and construction standards stipulated by the state to ensure the safety of students and teaching staff.
Article 17 The people's government at the county level shall set up boarding schools according to needs to ensure that school-age children and adolescents living in scattered places receive compulsory education.
Article 18 The education administrative department of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to needs, Set up schools (classes) to accept school-age children and adolescents of ethnic minorities in economically developed areas.
Article 19 Local people's governments at or above the county level shall set up corresponding schools (classes) to implement special education according to their needs. Compulsory education shall be carried out for school-age children and adolescents with visual disability, hearing and language disability and intellectual disability. Special education schools (classes) shall have places and facilities suitable for the learning, rehabilitation and life characteristics of disabled children and adolescents.
Ordinary schools shall accept disabled school-age children and adolescents with the ability to receive general education to study in regular classes and provide them with assistance in their learning and rehabilitation.
Article 2 Local people's governments at or above the county level shall, according to their needs, Set up special schools to implement compulsory education for school-age teenagers who have serious bad behaviors as stipulated in the Law on the Prevention of Juvenile Delinquency.
Article 21 Compulsory education shall be provided for juvenile offenders who have not completed compulsory education and minors who have taken compulsory education measures, and the required funds shall be guaranteed by the people's government.
Article 22 People's governments at or above the county level and their education administrative departments shall promote the balanced development of schools. To narrow the gap between schools, schools shall not be divided into key schools and non-key schools. Schools shall not be divided into key classes and non-key classes.
People's governments at or above the county level and their education administrative departments shall not change the nature of public schools in any name or in disguised form.
Article 23 People's governments at all levels and their relevant departments shall maintain the order around schools according to law and protect the legitimate rights and interests of students, teachers and schools. To provide security for schools.
Article 24 Schools shall establish and improve security systems and emergency mechanisms, provide safety education to students, strengthen management, eliminate hidden dangers in time and prevent accidents.
Local people's governments at or above the county level shall regularly inspect the safety of school buildings; Those that need to be repaired or reformed shall be repaired and reformed in time.
Schools shall not employ people who have been deprived of political rights according to law for intentional crimes or who are not suitable for compulsory education as staff.
Article 25 Schools shall not collect fees in violation of state regulations. It is not allowed to seek benefits by selling goods and services to students or in disguised form.
Article 26 The school implements the principal responsibility system. The principal shall meet the post requirements stipulated by the state. The principal shall be appointed by the education administrative department of the people's government at the county level according to law.
Article 27 The school shall criticize and educate students who violate the school management system and shall not expel them.
Chapter IV Teachers
Article 28 Teachers shall enjoy the rights prescribed by law. To fulfill the obligations stipulated by law, one should be a teacher by example and be loyal to the people's educational cause.
The whole society should respect teachers.
Article 29 Teachers should treat students equally in education and teaching, pay attention to their individual differences, teach students in accordance with their aptitude, and promote their full development.
Teachers should respect students' personality, and must not discriminate against them, or impose corporal punishment in disguised form or other behaviors that insult their personal dignity. The lawful rights and interests of students shall not be infringed upon.
Article 3 Teachers shall obtain the qualifications as prescribed by the state.
The state establishes a unified system of compulsory education teachers' posts. Teachers' posts are divided into junior posts, intermediate posts and senior posts.
Article 31 People's governments at all levels shall guarantee teachers' wages, benefits and social insurance benefits and improve their working and living conditions. Improve the guarantee mechanism of rural teachers' salary funds.
The average salary level of teachers should not be lower than that of local civil servants.
Special education teachers enjoy special post subsidies. Teachers working in ethnic minority areas and remote and poor areas enjoy subsidies in hard and poor areas.
Article 32 People's governments at or above the county level should strengthen the training of teachers. Take measures to develop teacher education.
The education administrative department of the people's government at the county level shall allocate teachers in schools in their respective administrative areas in a balanced way, and organize the training and mobility of principals and teachers. Strengthen the construction of weak schools.
Article 33 the State Council and local people's governments at all levels encourage and support urban school teachers and graduates of institutions of higher learning to engage in compulsory education in rural areas and ethnic minority areas.
The state encourages graduates of institutions of higher learning to teach in schools lacking teachers in rural areas and ethnic minority areas in the form of volunteers. The education administrative department of the people's government at the county level recognizes their teacher qualifications according to law. The teaching time is included in the length of service.
Chapter V Education and Teaching
Article 34 Education and teaching should conform to the educational laws and the characteristics of students' physical and mental development, teach and educate all students, organically integrate moral education, intellectual education, physical education and aesthetic education in education and teaching activities, and pay attention to cultivating students' independent thinking ability, innovative ability and practical ability. Promote students' all-round development.
Article 35 The education administrative department of the State Council determines the teaching system, teaching content and curriculum according to the physical and mental development of school-age children and adolescents, reforms the examination system, improves the enrollment method of senior secondary schools, and promotes the implementation of quality education.
Schools and teachers carry out education and teaching activities according to the determined teaching content and curriculum. Ensure to meet the basic quality requirements stipulated by the state.
The state encourages schools and teachers to adopt heuristic education and other teaching methods to improve the quality of education and teaching.
Article 36 Schools should put moral education in the first place, integrate moral education into education and teaching, carry out social practice activities suitable for students' age, and form an ideological and moral education system in which schools, families and society cooperate with each other. Promote students to develop good ideological, moral and behavioral habits.
Article 37 Schools should ensure students' extracurricular activities time and organize extracurricular activities such as culture and entertainment. Social public cultural and sports facilities should provide convenience for schools to carry out extracurricular activities.
Article 38 Textbooks should be compiled according to the national education policy and curriculum standards, and the contents should be as concise as possible, and the necessary basic knowledge and skills should be carefully selected, which is economical and practical. Ensure the quality.
State functionaries and textbook examiners are not allowed to participate in or participate in the compilation of textbooks in disguised form.
Article 39 The state practices a textbook examination and approval system. The examination and approval methods for textbooks shall be formulated by the education administrative department of the State Council.
For textbooks that have not been examined and approved, No publication or selection is allowed.
Article 4 The benchmark price of textbooks shall be determined by the price administrative department of the State Council in conjunction with the publishing administrative department in accordance with the principle of meager profit. The price administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the publishing administrative department shall determine the retail price according to the benchmark price.
Article 41 The State encourages the recycling of textbooks.
Chapter VI Funding Guarantee
Article 42 The State comprehensively brings compulsory education into the scope of financial guarantee. The funds for compulsory education shall be guaranteed by the State Council and local people's governments at all levels in accordance with the provisions of this law.
the State Council and local people's governments at all levels will include the funds for compulsory education in their fiscal budgets, and timely and fully allocate the funds for compulsory education according to the standards for staff establishment, salary, school construction and public funds per student, so as to ensure the normal operation of schools and the safety of school buildings. Ensure that the salaries of teaching and administrative staff are paid in accordance with regulations.
The growth ratio of financial allocation for compulsory education in the State Council and local people's governments at all levels should be higher than the growth ratio of recurrent financial revenue, so as to ensure that the compulsory education expenses are gradually increased according to the average number of students in school. Ensure that the salaries of teaching staff and the per capita public funds of students increase gradually.
Article 43 The basic standard of per capita public funds of schools shall be formulated by the financial department of the State Council in conjunction with the administrative department of education, and adjusted according to the economic and social development. The basic standard of per capita public funds of students shall meet the basic needs of education and teaching.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual conditions of their respective administrative regions, Set the standard of public funds per student in schools not lower than the national standard.
The standard of public funds per student in special education schools (classes) should be higher than that in ordinary schools.
Article 44 The funds for compulsory education shall be invested in a system in which the State Council and local people's governments at all levels share the burden according to their responsibilities, and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for overall implementation. The funds needed for rural compulsory education, The people's governments at all levels shall divide the projects and share them in proportion according to the regulations of the State Council.
People's governments at all levels shall provide textbooks for school-age children and adolescents with financial difficulties and subsidize the living expenses of boarders.
The specific measures for ensuring the funds for compulsory education shall be formulated by the State Council.
Article 45 Local people's governments at all levels shall list the funds for compulsory education separately in their budgets.
People's governments at the county level shall prepare budgets. Except for schools in rural areas and weak schools, compulsory education funds should be arranged in a balanced way.
Article 46 the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall standardize the financial transfer payment system, increase the scale of general transfer payment and standardize the special transfer payment for compulsory education. Support and guide local people's governments at all levels to increase their investment in compulsory education. Local people's governments at all levels ensure that the funds transferred from the people's governments at higher levels are used for compulsory education in accordance with regulations.
Article 47 the State Council and local people's governments at or above the county level shall set up special funds to support rural areas and ethnic minority areas to implement compulsory education.
Article 48 The state encourages social organizations and individuals to donate to compulsory education. Encourage the establishment of compulsory education funds in accordance with the provisions of the state on the management of foundations.
Article 49 The funds for compulsory education shall be used for compulsory education in strict accordance with the budgetary provisions; No organization or individual may occupy or misappropriate funds for compulsory education, or illegally collect or apportion fees from schools.
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