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Measures for the safety management of primary and secondary schools and kindergartens

2023-02-14   134

Decree No. 23 of the Ministry of Education of the People's Republic of China

(Ministry of Education, Ministry of Public Security, Ministry of Justice, Ministry of Construction, Ministry of Communications, Ministry of Culture, Ministry of Health, State Administration for Industry and Commerce, General Administration of Quality Supervision, Inspection and Quarantine, General Administration of Press and Publication)

(Decree No. 23 of the Ministry of Education of the People's Republic of China, June 30, 2006)

Chapter I: General Provisions

First in order to strengthen the safety management of primary and secondary schools and kindergartens, to ensure the personal and property safety of schools and their students and staff, and to maintain the normal order of education and teaching in primary and secondary schools and kindergartens, in accordance with the Education Law of the People's Republic of China and other laws and regulations, these measures are formulated.

Article 2: These Measures apply to the safety management of ordinary primary and secondary schools, secondary vocational schools, kindergartens (classes), special education schools, and work-study schools (hereinafter collectively referred to as schools).

Article 3: School safety management follows the principles of active prevention, management in accordance with law, social participation, and each taking its own responsibility.

Article 4: School safety management efforts mainly include:

(1) Establish a system for ensuring school safety work, fully implement the responsibility system for safety work and the accountability system for accidents, and ensure that school safety work is carried out in a standardized and orderly manner;

(2) Complete early warning mechanisms for school safety, formulate emergency response plans, improve accident prevention measures, promptly eliminate potential safety hazards, and continuously improve the level of school safety work management;

(3) Establish a coordination mechanism for the improvement of the campus perimeter to maintain the safety of the campus and the surrounding environment;

    (4) Strengthen safety publicity, education and training, and improve the safety awareness and protection ability of teachers and students;

(5) Initiating emergency response plans after the accident occurs, carrying out treatment and accountability for casualties, etc.

Article 5: Under the leadership of the people's government at that level, departments such as for education, public security, judicial administration, construction, transportation, culture, health, industry and commerce, quality inspection, and press and publication, are to lawfully perform oversight and management duties for the governance of the school's periphery and school safety. Schools shall perform safety management and safety education duties in accordance with these Measures. Social groups, enterprises, public institutions, other social organizations, and individuals shall actively participate in and support school security efforts, and preserve school safety in accordance with law.

Chapter II: Safety Management Responsibilities

Article 6: All levels of local people's government and their departments such as for education, public security, judicial administration, construction, transportation, culture, health, industry and commerce, quality inspection, and press and publication shall, in accordance with their duties and division of labor, be responsible for school safety efforts in accordance with law, and perform school safety management duties.

Article 7: Administrative departments for education are to perform the following duties with respect to school safety efforts:

(1) Comprehensively grasp the state of school safety work, formulate evaluation goals for school safety work, strengthen inspections and guidance of school safety work, and urge schools to establish, complete, and implement safety management systems;

(2) Establish a responsibility system for safety work and a system for pursuing responsibility for accidents, promptly eliminate potential safety hazards, and guide schools to properly handle student injury accidents;

(3) Promptly understand the situation of school safety education, organize schools to carry out student safety education in a targeted manner, and continuously improve the effectiveness of education;

(4) Formulate emergency response plans for campus security, and guide and supervise lower-level administrative departments for education and schools in carrying out safety work;

(5) Coordinate with other relevant functional departments of the government to jointly do a good job of school safety management efforts, and assist local people's governments in organizing rescue, investigation, and handling of school safety incidents. Education supervision bodies shall organize special supervision of school safety efforts.

Article 8: Public security organs are to perform the following duties with respect to school security efforts:

(1) Understand and grasp the public security situation in and around the school, guide the school to do a good job of campus security work, and promptly investigate and handle cases that disrupt campus order or infringe on the personal and property safety of teachers and students in accordance with law;

(2) Guide and supervise schools to do a good job in fire safety;

(3) Assist the school in handling campus emergencies.

Article 9: Health departments are to perform the following duties with respect to school safety efforts:

(1) Inspect and guide school health and epidemic prevention and health care work, and implement disease prevention and control measures;

(2) Supervise and inspect the sanitary conditions of school canteens, school drinking water and swimming pools.

Article 10: Construction departments are to perform the following duties with respect to school safety work:

(1) Strengthen the supervision of the safety status of school buildings and gas facilities and equipment, and if potential safety accidents are discovered, they shall be ordered to be eliminated immediately in accordance with law;

(2) To guide the safety inspection and appraisal of school buildings;

(C) strengthen the supervision and management of all aspects of school engineering construction, found that school buildings, staircase guardrails and other teaching and living facilities in violation of the mandatory standards of engineering construction, should be ordered to correct;

(4) Supervise and urge schools to regularly inspect, maintain, and update school-related facilities and equipment in accordance with law.

Article 11 The quality and technical supervision department shall regularly inspect the safety status of the school's special equipment and related facilities.

Article 12: Departments such as for public security, health, transportation, and construction shall periodically report to the administrative departments for education and schools on situations such as social security, disease prevention and control, and transportation related to school safety management, and put forward specific requirements for prevention.

Article 13: Departments such as for culture, press and publication, and industry and commerce shall strengthen management and oversight of relevant business service venues around campuses, investigate and punish illegal operators in accordance with law, and maintain a positive environment conducive to the growth of young people. Departments such as for judicial administration and public security shall perform school safety education duties in accordance with relevant provisions.

Article 14: Local people's governments, enterprises, public institutions, social groups, and individual citizens that run schools shall perform the following duties with respect to school safety efforts:

(1) Ensure that the school meets the basic standards for running a school, and ensure that the school's walls, school buildings, grounds, teaching facilities, teaching utensils, living facilities, drinking water sources, and other school-running conditions meet national safety and quality standards;

(2) Configure emergency lighting devices and fire-fighting facilities and equipment to ensure that the lighting and fire-fighting conditions of school teaching buildings, libraries, laboratories, teachers' and students' dormitories, and other places comply with national safety regulations;

(3) Regularly inspect the safety of school buildings, and repair those that need to be repaired in a timely manner; The confirmed dilapidated houses shall be renovated in a timely manner. The local people's government that runs a school shall maintain order around the school in accordance with law, protect the lawful rights and interests of teachers, students, and the school, and provide security safeguards for the school. Where conditions permit, the school organizer shall purchase liability insurance for the school.

Chapter 3 On-campus safety management system

Article 15: Schools shall comply with laws, regulations, and rules related to safety work, establish and complete various safety management systems and safety emergency response mechanisms within the school, promptly eliminate hidden dangers, and prevent accidents.

Article 16: Schools shall establish a leading body for on-campus safety work, and implement a principal responsibility system; Security bodies shall be established, with full-time or part-time security personnel, and their security responsibilities shall be clarified.

Article 17: Schools shall complete guard systems, establish registration or verification systems for persons entering the school, prohibit unrelated persons and off-campus motor vehicles from entering, and prohibit the bringing of flammable and explosive materials, toxic substances, animals, controlled instruments, and other dangerous items into the campus for non-teaching purposes. School guards shall be full-time security guards or other personnel who can truly perform their duties.

Article 18: Schools shall establish a regular on-campus safety inspection system and a reporting system for dangerous buildings, and arrange for safety inspections and inspections of school buildings, structures, equipment, and facilities in accordance with relevant state provisions; If it is found that there is a potential safety hazard, it shall be stopped from use and repaired or replaced in a timely manner; Necessary protective measures or warning signs shall be taken before maintenance or replacement. Where schools are unable to resolve or eliminate major potential safety hazards, they shall promptly report in writing to the competent departments and other relevant departments. Schools shall set up warning signs or employ protective facilities in places prone to danger, such as high grounds, pools, and stairs.

Article 19 The school shall implement the fire safety system and the responsibility system for fire protection work, strengthen the daily maintenance of the fire protection facilities and equipment guaranteed by the government to ensure that they can be used effectively, and set up fire safety signs to ensure that the evacuation channels, safety exits and fire truck passages are unblocked.

Article 20: Schools shall establish a safety management system for water, electricity, gas, and other related facilities and equipment, conduct regular inspections or accept regular inspections by the relevant competent departments in accordance with regulations, and promptly repair or replace them if they are found to be aging or damaged.

Article 21: Schools shall strictly implement the "Regulations on the Hygiene Management of School Canteens and Students' Collective Meals" and the "Hygiene Specifications for the Catering Industry and Student Collective Meal Distribution Units", and strictly abide by the hygiene operation norms. Establish a system for fixed-point procurement, certification and registration of canteen materials, and a system for keeping and recording meals for inspection and recording, check the health and safety of drinking water, and ensure the food hygiene and safety of teachers and students.

Article 22: The University shall establish a laboratory safety management system, and place the safety management system and operating procedures in a conspicuous position in the laboratory. Schools shall strictly establish systems for the purchase, storage, use, registration, and cancellation of hazardous chemicals and radioactive materials to ensure that hazardous chemicals and radioactive materials are stored in safe locations.

Article 23: Schools shall, in accordance with relevant state provisions, appoint full-time medical (health care) personnel or part-time health care teachers with professional qualifications, purchase necessary first-aid equipment and medicines, ensure the treatment of students' common diseases, and be responsible for reporting on the school's infectious disease epidemic and other public health emergencies. Schools that have the capacity shall set up health (health care) rooms. New students should submit a physical examination certificate for admission. Childcare institutions and primary schools shall check the vaccination certificate when enrolling in nursery schools and enrollment. Schools shall establish student health records and organize regular physical examinations for students.

Article 24: Schools shall establish a system for reporting information on student safety, promptly informing their guardians of information related to students' safety, such as the school's designated times for students to arrive at and leave school, students' abnormal absences or unauthorized departures, and students' abnormal physical and psychological conditions. For students with special constitutions, specific diseases, or other abnormal physical or psychological conditions, as well as drug use, schools shall do a good job of recording safety information, properly store students' health and safety information materials, and protect students' personal privacy in accordance with law.

Article 25 Schools with boarding students shall establish a safety management system for boarding students, and assign special personnel to be responsible for the life management and safety and security of boarding students. Schools shall implement a system of night inspections and duty in student dormitories, and strengthen the safety management of female dormitories in light of the characteristics of safety work in female dormitories. Schools shall take effective measures to ensure the fire safety of student dormitories.

Article 26 Where a school purchases or rents a motor vehicle specifically for the purpose of picking up and dropping off students, it shall establish a vehicle management system and promptly file it with the traffic management department of the public security organ. Vehicles that pick up and drop off students must be inspected, and school buses should be affixed with uniform logos. The logo style shall be formulated by the traffic management department of the provincial public security organ and the education administrative department. Schools are not allowed to rent assembled vehicles, scrapped vehicles, and personal motor vehicles to transport students. The driver of the motor vehicle that picks up and drops off students shall be in good health, have more than 3 years of safe driving experience in the corresponding quasi-driving type, have not recorded 12 points in any scoring cycle in the last 3 years, and have no traffic accidents causing casualties.

Article 27: Schools shall establish safety work files, recording situations such as routine safety work, implementation of safety responsibilities, safety inspections, and elimination of potential safety hazards. Safety files serve as an important basis for the implementation of safety work target assessment, accountability and accident handling.

Chapter IV: Routine Safety Management

Article 28: Schools shall follow teaching norms in their daily education and teaching activities, implement safety management requirements, and reasonably foresee and actively prevent risks that may occur. The collective labor, teaching practice, or social practice activities that schools organize for students to participate in shall conform to the students' psychological and physical characteristics and physical health conditions. Schools and units that accept students to participate in educational and teaching activities must take effective measures to provide security for student activities.

Article 29: Schools organizing students to participate in large-scale group activities shall employ the following safety measures:

(1) Establish a temporary security management organization;

(2) Conduct targeted safety education for students;

(3) Arrange necessary management personnel and clarify the safety responsibilities they bear;

(4) Formulate safety emergency plans and equip them with corresponding facilities.

Article 30: Schools shall organize physical education and physical activities in accordance with the "Regulations on School Physical Education" and teaching plans, and employ necessary protective and assistance measures based on teaching requirements. Schools organizing students to carry out sports activities shall avoid major streets and traffic arteries; To carry out large-scale sports activities and other large-scale student activities, it is necessary to pass through major streets and traffic arteries, and the traffic management department of the public security organ shall jointly study and implement safety measures in advance.

Article 31: Primary schools and kindergartens shall establish a handover system for lower-grade students and young children to and from school, and must not hand over junior students and young children who leave school late to unrelated persons.

Article 32: When students conduct teaching activities and evening self-study in the teaching building, the school shall reasonably arrange the evacuation time for students and the order of going up and down the corridor, and at the same time arrange for personnel to patrol to prevent accidents caused by crowding and stampede. Before students who study on their own in the evening leave school, the school shall have a responsible person and teachers on duty and make inspections.

Article 33: Schools must not organize students to participate in emergency rescue and other activities that should be engaged in by professionals or adults, must not organize students to participate in dangerous activities such as making fireworks and toxic chemicals, and must not organize students to participate in commercial activities.

Article 34 The University shall not lease the premises to others to engage in the production and business activities of flammable, explosive, toxic, harmful and other dangerous goods. Schools are not allowed to rent out on-campus premises to park off-campus motor vehicles; School land shall not be used to build parking lots open to the public.

Article 35: School faculty and staff shall meet the requirements of the corresponding qualifications and qualifications. Schools may not employ persons who have been criminally punished for intentional offenses, or who have a history of mental illness, as faculty members. School teachers shall abide by professional ethics and work discipline, and must not insult, beat, or inflict corporal punishment of students; Where it is discovered that a student's conduct is dangerous, they shall promptly warn and stop it, and communicate with the student's guardian.

Article 36: During the period of study and life at school, students shall abide by school discipline and rules and regulations, obey the school's safety education and management, and must not engage in activities that endanger their own safety or the safety of others.

Article 37: Where guardians discover that their wards have a special constitution, a specific disease, or an abnormal psychological condition, they shall promptly inform the school. Schools shall give appropriate attention and care to students who are known to have special constitutions, specific diseases, or abnormal psychological conditions. Students whose physical or psychological conditions are abnormal and unfit to study at school shall be suspended from school, and their guardians shall arrange for treatment and recuperation.

Chapter V: Safety Education

Article 38: Schools shall follow the national curriculum standards and local curriculum requirements to include safety education in their teaching content, carry out safety education for students, cultivate students' awareness of safety, and increase students' ability to protect themselves.

Article 39: Schools shall carry out targeted and concentrated safety education for students at the beginning of the school year and before the holidays. After new students enter the school, the school shall help the students promptly understand the relevant school safety systems and regulations.

Article 40: Schools shall, in light of the characteristics and requirements of experimental courses in different courses, educate students on the safety protection of experimental supplies such as anti-virus, explosion-proof, anti-radiation, and anti-pollution. Schools shall conduct safety education for students on water and electricity, and conduct safety education for boarding students in areas such as fire prevention, anti-theft, and personal protection.

Article 41: Schools shall carry out safety precaution education for students, so that students master basic self-protection skills and respond to unlawful violations. Schools shall carry out traffic safety education for students, so that students can master the basic traffic rules and behavioral norms. Schools shall carry out fire safety education for students, and where conditions permit, students may be organized to visit and experience local fire stations, so that students can master basic fire safety knowledge and improve fire prevention awareness and the ability to escape and self-rescue. Schools shall, on the basis of actual local conditions, carry out targeted safety and sanitation for students to play in the water and swim in rivers, lakes, seas, reservoirs, and other places

Educate.

Article 42 Schools may organize teachers and students to carry out various forms of accident prevention drills based on the actual local conditions. Schools shall carry out emergency evacuation drills for floods, earthquakes, fires, and other disasters at least once a semester, so that teachers and students can master the methods of avoiding danger, escaping, and self-rescue.

Article 43: In accordance with relevant provisions, the administrative departments for education are to consult with the people's courts, people's procuratorates, public security, judicial administration, and other such departments, as well as institutions of higher learning, to select and hire outstanding legal workers to serve as part-time vice-principals or legal counselors for the school. Part-time vice-principals for legal affairs or legal counselors shall assist schools in inspecting and implementing safety systems and handling safety incidents, and regularly conduct legal education for teachers and students, and the results of their work shall be included in the content of the dispatching unit's work evaluations.

Article 44: The administrative departments for education shall organize the managers responsible for safety management, school principals, kindergarten principals, and school personnel responsible for safety and security work, to regularly receive relevant safety management training.

Article 45: Schools shall formulate safety education and training plans for faculty and staff, and use a variety of channels and methods to make faculty and staff familiar with safety rules and regulations, master common sense of safety and rescue, and learn to guide students in the methods and means of preventing accidents, self-rescue, escape, and emergency avoidance.

Article 46: Student guardians shall cooperate with the school to strengthen all aspects of safety education for wards in their daily lives. The school encourages and advocates guardians to voluntarily purchase accident insurance for students.

Chapter VI: Safety Management Around Campus

Article 47: Departments such as for education, public security, judicial administration, construction, transportation, culture, health, industry and commerce, quality inspection, and press and publication shall establish a joint conference system to periodically research and deploy school safety management efforts, and lawfully preserve order around schools; Through a variety of ways and means, listen to the opinions and suggestions of schools and all walks of life on school safety management.

Article 48: Construction, public security, and other departments shall strengthen law enforcement inspections of construction projects around schools, prohibiting any unit or individual from violating relevant laws, regulations, rules, or standards by building projects near school walls or buildings, and setting up sites or facilities for the production, operation, storage, or use of flammable, explosive, highly toxic, radioactive, corrosive, or other dangerous items around campuses, as well as other places or facilities that might impact school safety.

Article 49: Public security organs shall make the area around schools a key area for public security patrols, and set up additional public security booths and alarm points in the areas around schools where the public security situation is complex, promptly discovering and eliminating all types of potential safety hazards, and handling illegal and criminal conduct that disrupts school order and infringes on students' personal and property safety.

Article 50: The public security, construction, and transportation departments shall, in accordance with law, set up standardized traffic warning signs on the roads in front of schools, draw pedestrian crossings, and set up traffic lights, speed bumps, overpasses, and other facilities as needed. During school commuting and commuting times in schools located on complex traffic sections, the public security organs shall deploy police forces or traffic coordinators as needed to maintain road traffic order.

Article 51: Public security organs and transportation departments shall strengthen supervision and management of vehicles in rural areas in accordance with law, and prohibit vehicles and boats that do not have qualifications from carrying students.

Article 52: The departments of culture are to lawfully prohibit the establishment of internet access service business sites within 200 meters of middle school and primary school campuses, and are to lawfully investigate and handle internet access service business sites that admit minors to enter. The administrative departments for industry and commerce shall investigate and ban unauthorized Internet access service business establishments in accordance with law.

Article 53: Departments such as for press and publication, public security, and administration for industry and commerce shall, in accordance with law, ban traveling merchants and unlicensed stalls that peddle illegal publications in the vicinity of schools, and investigate and deal with units and individuals that produce and sell publications containing obscenity, pornography, murder, violence, and other content in the vicinity of schools.

Article 54: The administrative departments for health and industry and commerce shall supervise the hygiene conditions of the catering establishments around the campus, and ban the illegal operation of canteens and food stalls.

Chapter VII Handling of Security Incidents

Article 55: In the event of natural disasters such as earthquakes, floods, mudslides, and typhoons, as well as major public security or public health emergencies, departments such as for education shall immediately initiate emergency response plans, promptly transfer or evacuate students, or employ other necessary protective measures to ensure the safety of the school and the safety of teachers and students' persons and property.

Article 56: When fires, food poisoning, major public security, or other sudden safety incidents occur on campus, as well as natural disasters, schools shall initiate emergency response plans, promptly organize faculty and staff to participate in emergency rescue, rescue, and protection, and ensure students' physical health and personal and property safety.

Article 57: When student injury accidents occur, schools shall follow the principles and procedures provided for in the "Measures for Handling Student Injury Accidents" to promptly carry out rescue and properly handle them.

Article 58: Where safety incidents such as the death or injury of faculty, staff, or students occur, the school shall promptly report to the administrative department in charge of education and relevant government departments; Where it is a major accident, the administrative departments for education shall promptly report it to each level in accordance with relevant provisions.

Article 59: Provincial-level administrative departments for education shall report in writing to the administrative departments for education under the State Council on school safety efforts and student casualties in the previous year before January 31 of each year.

Chapter 8 Rewards and Responsibilities

Article 60: Departments such as for education, public security, judicial administration, construction, transportation, culture, health, industry and commerce, quality inspection, and press and publication, shall jointly or separately give commendations and awards to units and individuals that have made notable achievements or made outstanding contributions in school safety work, as appropriate.

Article 61: Where departments such as for education, public security, judicial administration, construction, transportation, culture, health, industry and commerce, quality inspection, and press and publication do not perform school safety oversight and management duties in accordance with law, the department at the level above is to give criticism; The directly responsible personnel are to be given criticism, education, or administrative sanctions by the higher-level departments and units depending on the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 62: Where schools do not perform safety management and safety education duties, and fail to promptly employ measures for major potential safety hazards, the relevant competent departments shall order them to make corrections within a set period of time; Where corrections are refused or in any of the following circumstances, the administrative departments for education shall give administrative sanctions to the responsible person for the school and other directly responsible personnel; where a crime is constituted, criminal responsibility is pursued in accordance with law:

(1) Major safety incidents occur, causing casualties to students, faculty and staff;

(2) Failing to take appropriate measures in a timely manner after an accident occurs, causing serious consequences;

(3) Concealing, falsely reporting, or delaying the reporting of major accidents;

(4) Obstructing the investigation of the accident or providing false information;

(5) Refusing or not cooperating with relevant departments in carrying out safety supervision and management duties in accordance with law. Where the "Law of the People's Republic of China on the Promotion of Private Education" and its implementing regulations provide otherwise, follow those provisions.

Article 63: Where off-campus units or individuals violate the provisions on the administration of public security or cause a school safety incident, or in the course of handling a school security incident, disrupt the normal order of education and teaching in the school, or violate the provisions on the administration of public security, the public security organs are to handle it in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law; and where damage to school property is caused, liability for compensation shall be borne in accordance with law.

Article 64: Compensation for student personal injury accidents shall be handled in accordance with relevant laws and regulations, relevant state provisions, and the Measures for the Handling of Student Injury Accidents.

Chapter IX: Supplementary Provisions

Article 65: Measures for the safety management of student internship labor in secondary vocational schools shall be formulated separately.

  Article 66: These Measures shall come into force on September 1, 2006.