2023-02-14 156
Article 1: These Rules are formulated on the basis of the Education Law, the Teachers Law, the Law on the Protection of Minors, the Law on the Prevention of Juvenile Delinquency, and other laws and regulations, as well as relevant state provisions, so as to implement the fundamental task of cultivating morality, to ensure and regulate schools and teachers' lawful performance of education, teaching, and management duties, to protect students' lawful rights and interests, and to promote students' healthy growth and all-round development.
Article 2: These Rules apply to ordinary primary and secondary schools, secondary vocational schools (hereinafter referred to as "schools"), and their teachers carrying out educational discipline against students in the course of education, teaching, and management.
"Educational discipline" as used in these Rules refers to the educational conduct of schools and teachers in the management or discipline of students who violate rules and discipline or corrects them in prescribed methods based on educational purposes, prompting students to take warnings and understand and correct their mistakes.
Article 3: Schools and teachers shall follow the laws of education, perform their duties in accordance with law, and promptly correct students' erroneous words and deeds through the implementation of active discipline and educational punishment, and cultivate students' awareness of rules and responsibility.
The administrative departments for education shall support, guide, and supervise schools and their teachers in carrying out educational discipline in accordance with laws and regulations.
Article 4: The implementation of educational punishments shall conform to the laws of education, emphasizing the effectiveness of educating people; Follow the principle of the rule of law, be objective and fair; Choose appropriate measures that are appropriate to the student's degree of fault.
Article 5: Schools shall consider the characteristics of their students, lawfully draft and improve school rules and discipline, clarify student conduct norms, and complete specific circumstances and rules for the implementation of educational punishments.
Schools formulating school rules and discipline shall widely solicit the opinions of faculty and staff, students, and students' parents or other guardians (hereinafter "parents"); Where there is capacity, hearings may be organized with the participation of students, parents, and representatives of relevant parties. School rules and discipline should be submitted to the Parents' Committee, faculty Congress for discussion, after the rector's office meeting deliberated and adopted, and reported to the competent education department for the record.
Teachers may organize students and parents to jointly draft class rules or class conventions in the form of democratic discussions, and report them to the school for implementation after filing.
Article 6: Schools shall use enrollment education, class meetings, and other appropriate methods to publicize and explain school rules and discipline to students and parents. Unpublished school rules and discipline shall not be enforced.
Schools may establish organizational bodies such as committees for the enforcement of school rules and school discipline based on circumstances, inviting teachers, students, parents, and representatives of relevant sectors of society to participate, and are responsible for determining applicable educational disciplinary measures, overseeing the implementation of educational discipline, and carrying out relevant publicity and education.
Article 7: In any of the following circumstances, schools and their teachers shall stop students and conduct criticism and education, and where it is truly necessary, they may carry out educational punishments:
(1) Intentionally failing to complete the requirements of teaching tasks or disobeying education or management;
(2) Disrupting classroom order or school education and teaching order;
(3) Smoking, drinking, or violating student rules by misbehaving;
(4) Carrying out dangerous conduct that is harmful to one's own or others' physical or psychological health;
(5) Beating or scolding classmates or teachers, bullying classmates, or infringing on the lawful rights and interests of others;
(6) Other violations of school rules and discipline.
Where students carry out negative conduct or serious negative conduct as provided for in the Prevention of Juvenile Delinquency, schools and teachers shall stop it and carry out educational punishments to strengthen discipline; where a violation or crime is constituted, it shall be transferred to the public security organs for handling in accordance with law.
Article 8: In the course of classroom teaching and routine management, teachers may carry out the following educational punishments on the spot against students whose violations of rules or discipline are relatively minor:
(1) Criticize by name;
(2) Order a formal apology or make an oral or written review;
(3) Appropriately add additional teaching or class public service tasks;
(4) Standing in the classroom during a classroom teaching session;
(5) After-school teaching;
(6) Other appropriate measures provided for in school rules, school discipline, class rules, and class conventions.
After teachers implement the measures in the preceding paragraph on students, they may inform the students' parents in an appropriate manner.
Article 9: Where students violate school rules and discipline, the circumstances are more serious, or they refuse to make corrections after on-the-spot educational punishment, the school may carry out the following educational punishments, and shall promptly inform parents:
(1) The person in charge of the school's moral education work shall give discipline;
(2) Undertake public service tasks on campus;
(3) Arrange for special education on school rules, school discipline, and rules of conduct;
(4) Suspend or restrict students' participation in excursions, off-campus group activities, and other group activities;
(5) Other appropriate measures provided for in school rules and discipline.
Article 10: Where students in the upper grades of primary school, junior high school, or high school have serious violations of rules or discipline or have a heinous impact, schools may carry out the following educational punishments, and shall inform parents in advance:
(1) Give a suspension of not more than one week from school or school, and require parents to conduct education and discipline at home;
(2) Vice-principals for rule of law or rule of law counselors are to give reprimands;
(3) Arrange for specialized courses or educational venues, and have social workers or other professionals conduct psychological counseling or behavioral interventions.
Schools may give disciplinary sanctions such as warnings, serious warnings, demerits, or probation to students whose violations of rules and discipline are serious, or who still do not make corrections after repeated educational punishments. Students at the high school level may also be subject to disciplinary sanctions of expulsion.
For students with serious negative conduct, schools may follow legally-prescribed procedures and cooperate with parents and relevant departments to transfer them to specialized schools for education and corrections.
Article 11: Where students disrupt the order of classroom or education and teaching, affect others, or might cause harm to themselves or others, teachers may employ necessary measures to remove students from the classroom or teaching site, and give them educational management.
Where teachers and schools discover that students are carrying or using items in violation of regulations or that their conduct is dangerous, they shall employ necessary measures to stop them; Where it is discovered that students are hiding illegal or dangerous items, the students shall be ordered to hand them over and may conduct inspections of desks, lockers, and so forth where items might be hidden.
Teachers and schools may temporarily seize students' illegal items and properly keep them, and return them to students' parents at an appropriate time; Where they are illegal or dangerous goods, they shall be promptly reported to the public security organs, emergency management departments, and other relevant departments for handling in accordance with law.
Article 12: Teachers must not exhibit the following conduct in the course of education and teaching management or the implementation of educational punishments:
(1) Corporal punishment that directly causes physical pain by means such as beatings or stabbing;
(2) Punishment exceeding normal limits, repeated copying, forced to do uncomfortable movements or postures, as well as deliberate isolation, and other covert corporal punishment that indirectly harms the body or psychology;
(3) Insulting or violating students' personal dignity with discriminatory or insulting words or deeds;
(4) Punishing all students for violations of rules and discipline by individuals or a small number of individuals;
(5) Educating and disseminating students because of their academic performance;
(6) Carrying out or selectively carrying out educational punishments based on personal emotions, likes and dislikes;
(7) Appointing students to carry out educational discipline against other students;
(8) Other violations of students' rights.
Article 13: After teachers carry out educational punishment on students, they shall emphasize communication and support with students, and promptly praise and encourage students who correct their mistakes.
Based on actual conditions and needs, schools may establish mechanisms for student education protection and counseling work, with the school's responsible person, the responsible person for moral education work bodies, teachers, vice-principals (counselors) for rule of law, and professionals in areas such as law, psychology, and social work, to form counseling groups to carry out specialized psychological counseling and behavioral corrections for students in need.
Article 14: Where schools intend to carry out the educational punishments and disciplinary sanctions listed in article 10 of these Rules, they shall hear the students' statements and defenses. Where students or parents apply for a hearing, the school shall organize a hearing.
Where after students receive educational punishments or disciplinary sanctions, they are able to sincerely admit their mistakes and actively make corrections, they may be lifted from educational punishments or disciplinary sanctions in advance.
Article 15: Schools shall support and supervise teachers' proper performance of their duties. Where teachers have disputes with students and their parents over the implementation of educational discipline, the school shall promptly handle it, and where the teacher is not at fault, they must not be given sanctions or other unfavorable dispositions because the teacher is carrying out educational discipline.
Where teachers violate article 12 of these Rules, and the circumstances are minor, the school shall criticize and educate them; where the circumstances are serious, performance of duties shall be suspended or sanctions shall be given in accordance with laws and regulations; Where physical or psychological harm is caused to students, constituting a violation or crime, the public security organs are to handle it in accordance with law.
Article 16: Schools and teachers shall emphasize home-school collaboration, actively communicating with parents, so that parents understand, support, and cooperate in the implementation of educational punishments, and form a joint force. Parents shall perform their duties to educate their children, respect teachers' educational rights, and cooperate with teachers and schools in disciplining students who violate rules and discipline.
Where parents have objections to the educational discipline carried out by teachers or feel that teachers' conduct violates the provisions of article 12 of these Rules, they may make a complaint or report to the school or the administrative department in charge of education. Schools and administrative departments for education shall, in accordance with the relevant requirements for the establishment and management of teachers' ethics and style, promptly investigate and handle them. Where parents threaten, insult, or harm teachers, schools and administrative departments for education shall protect teachers' personal safety and preserve teachers' lawful rights and interests in accordance with law; and where the circumstances are serious, they shall promptly report to the public security organs and cooperate with the public security organs and judicial organs in pursuing responsibility.
Article 17: Where students and their parents are dissatisfied with the educational punishment or disciplinary punishment given by the school in accordance with article 10 of these Rules, they may file an appeal with the school within 15 working days of the educational punishment or disciplinary sanction.
Schools shall establish a student appeals committee composed of representatives of the school's relevant responsible persons, teachers, students, parents, vice-principals for rule of law, and other relevant parties outside the school, to accept appeals applications and organize a review. Schools shall clarify the composition of the Student Appeals Committee, the scope of acceptance, and handling procedures, and announce it to students and parents.
The Student Appeals Committee shall conduct a comprehensive review of the facts and reasons for the student's appeal, and make a decision to maintain, modify, or revoke the original educational discipline or disciplinary sanction.
Article 18: Where students or their parents are dissatisfied with the student's decision to handle appeals, they may apply to the school's competent education department for a review; Those who are dissatisfied with the review decision may initiate an administrative reconsideration or administrative lawsuit in accordance with law.
Article 19: Schools shall strengthen targeted training for teachers, promote teachers to update their educational concepts, improve educational methods and methods, and increase teachers' awareness and ability to correctly perform their duties.
At the end of each semester, schools shall report information on students' educational punishments and disciplinary sanctions listed in article 10 of these Rules to the administrative departments in charge of education for the record.
Article 20 These Rules shall come into force on March 1, 2021.
Each region may draft its own local implementation rules or guide schools in formulating implementation rules in light of local conditions.