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Compulsory Education Law of the People's Republic of China

2023-02-14   214

(1986Adopted at the Fourth Session of the Sixth National People's Congress on April 12, 2006 Amended at the 22nd Session of the Standing Committee of the Tenth National People's Congress on June 29, 2006 Amended for the first time in accordance with the Decision on Amending the Compulsory Education Law of the People's Republic of China and Other Five Laws at the 14th Session of the Standing Committee of the Twelfth National People's Congress on April 24, 2015 Decision on Amending the Product Quality Law of the People's Republic of China and Other Five Laws (Second Amendment)

Chapter I: General  Provisions

Article 1: This Law is formulated on the basis of the Constitution and the Education Law, so as to safeguard the right of school-age children and adolescents to receive compulsory education, to ensure the implementation of compulsory education, and to improve the quality of the entire nation.

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 in a unified manner by the state, and it is a public welfare undertaking that the state must guarantee.

Compulsory education is implemented, and no tuition or miscellaneous fees are charged.

The State is to establish a mechanism for guaranteeing funding for compulsory education to ensure the implementation of the compulsory education system.

Article 3 Compulsory education must implement the state's education policy, implement quality education, improve the quality of education, and enable school-age children and teenagers to develop in an all-round way in terms of morality, intelligence, and physique, so as to lay the foundation for cultivating socialist builders and successors who          are idealistic, moral, educated, and disciplined.

Article 4: All school-age children and adolescents with the nationality of the People's Republic of China, regardless of gender, ethnicity, race, family property status, religious belief, etc., enjoy the right to receive compulsory education on an equal footing in accordance with law, and perform the obligation to receive compulsory education.

Article 5: All levels of people's government and their relevant departments shall perform all duties provided for in this Law, ensuring the right of school-age children and adolescents to receive compulsory education.

The parents or other legally-designated guardians of school-age children and adolescents shall ensure that they enroll in school on time and receive and complete compulsory education.

Schools that lawfully implement compulsory education shall complete education and teaching tasks in accordance with the standards provided, and ensure the quality of education and teaching.

Social organizations and individuals shall create a positive environment for school-age children and adolescents to receive compulsory education.

Article 6: The State Council and local people's governments at the county level or above shall rationally allocate educational resources, promote the balanced development of compulsory education, improve the conditions for running weak schools, and employ measures to ensure the implementation of compulsory education in rural areas and ethnic minority areas, and 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 the implementation of compulsory education in economically underdeveloped areas.

Article 7: Compulsory education implements a system under the leadership of the State Council, with the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government planning and implementing the overall plan, and county-level people's governments taking the lead in management.

The administrative departments for education of people's governments at the county level or above are specifically responsible for the implementation of compulsory education; Other relevant departments of people's governments at the county level or above are responsible for the implementation of compulsory education within the scope of their respective duties.

Article 8: The people's government's education supervision bodies are to conduct oversight of the implementation of laws and regulations on compulsory education, the quality of education and teaching, and the balanced development of compulsory education, and so forth, and the supervision report is to be released to the public.

Article 9: All social organizations or individuals have the right to submit reports or accusations to the relevant state organs for conduct that violates this Law.

Where major incidents violating this Law occur, obstructing the implementation of compulsory education, causing a major social impact, the responsible person for the people's government or the administrative department for education of the people's government with leadership responsibility shall take the blame and resign.

Article 10: All levels of people's government and their relevant departments are to give commendations and awards to social organizations and individuals that have made outstanding contributions to the implementation of compulsory education in accordance with relevant provisions.

Chapter 2 Students 

Article 11: Parents or other legally-designated guardians of children who have reached the age of 6 shall send them to school to receive and complete compulsory education; Children in areas where conditions are not available can be postponed to the age of seven.

Where school-age children or adolescents need to postpone enrollment or suspend school due to their physical condition, their parents or other legally-designated guardians shall submit an application, which shall be approved by the local township people's government or the administrative department for education of the people's government at the county level.

Article 12: School-age children and teenagers are exempt from entrance examinations. Local people's governments at all levels shall ensure that school-age children and youths are enrolled in the nearest school for the area of their household registration.

Where school-age children or youths whose parents or other legal guardians work or reside in a place other than their household registration receive compulsory education at the place where their parents or other legal guardians work or reside, the local people's government shall provide them with conditions for receiving compulsory education on an equal footing. Specific measures shall be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.

The administrative departments for education of the people's governments at the county level shall ensure that the children of military personnel within their respective administrative areas receive compulsory education.

Article 13: The administrative departments for education of county-level people's governments and township people's governments organize and supervise the enrollment of school-age children and youths, help resolve difficulties in school-age children and adolescents receiving compulsory education, and employ measures to prevent school-age children and adolescents from dropping out of school.

Residents' committees and villagers' committees assist the government in doing a good job of supervising the school-age children and teenagers in school.

Article 14: Employers are prohibited from recruiting school-age children and adolescents who shall receive compulsory education.

Social organizations that have been approved to recruit school-age children and youths for professional training such as in literature, arts, and sports on the basis of relevant state provisions shall ensure that the school-age children and youths they recruit receive compulsory education; Where compulsory education is carried out on their own, it shall be approved by the administrative department for education of the people's government at the county level.

Chapter 3 Schools 

Article 15: Local people's governments at the county level or above are to formulate and adjust plans for the establishment of schools on the basis of factors such as the number and distribution of school-age children and adolescents residing in their administrative regions, and in accordance with relevant state provisions. Where new residential areas need to set up schools, they shall be carried out simultaneously with the construction of residential areas.

Article 16: The construction of schools shall conform to the standards for running schools provided by the State, and meet the needs of education and teaching; It shall comply with the site selection requirements and construction standards stipulated by the state to ensure the safety of students, faculty and staff.

Article 17: People's governments at the county level are to set up boarding schools as needed to ensure that school-age children and youths living in scattered areas are enrolled in compulsory education.

Article 18: The administrative department for education under the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, as needed, set up schools (classes) in economically developed areas that accept school-age children and adolescents of ethnic minorities.

Article 19: Local people's governments at the county level or above are to set up corresponding schools (classes) for special education as needed, and carry out compulsory education for school-age children and adolescents with visual disabilities, hearing and speech disabilities, and intellectual disabilities. Special education schools (classes) shall have venues and facilities adapted to the learning, rehabilitation, and living characteristics of children and adolescents with disabilities.

Ordinary schools shall accept school-age children and adolescents with disabilities who have the ability to receive ordinary education to study in their classes, and provide assistance in their studies and rehabilitation.

Article 20: Local people's governments at the county level or above, as needed, are to set up special schools for school-age juveniles with serious negative conduct as provided for in the Prevention of Juvenile Delinquency Law to carry out compulsory education.

Article 21: Juvenile offenders who have not completed compulsory education and minors who have been subject to compulsory education measures shall conduct compulsory education, and the necessary funds are to be guaranteed by the people's governments.

Article 22: People's governments at the county level or above and their administrative departments for education shall promote the balanced development of schools, narrow the gap between schools in terms of conditions for running schools, and must not divide schools into key and non-key schools. Schools must not divide key classes into non-key classes.

People's governments at the county level or above and their administrative departments for education must not change or covertly change the nature of public schools in any name.

Article 23: All levels of people's government and their relevant departments are to maintain order around schools in accordance with law, protect the lawful rights and interests of students, teachers, and schools, and provide security safeguards for schools.

Article 24: Schools shall establish and complete safety systems and emergency response mechanisms, conduct safety education for students, strengthen management, promptly eliminate hidden dangers, and prevent accidents.

Local people's governments at or above the county level shall conduct regular inspections of the safety of school buildings; For those that need to be repaired or transformed, they shall be repaired and transformed in a timely manner.

Schools must not employ persons who have been lawfully deprived of their political rights for intentional crimes, or who are otherwise unfit to engage in compulsory education work, to serve as staff.

Article 25: Schools must not collect fees in violation of state regulations, and must not seek benefits by means such as selling or covertly selling goods or services to students.

Article 26: Schools implement a principal responsibility system. Principals shall meet the requirements for positions as provided by the state. Principals are to be appointed by the administrative departments for education of people's governments at the county level in accordance with law.

Article 27: Schools shall criticize and educate students who violate the school management system, and must not expel them.

Chapter 4 Teachers 

Article 28: Teachers enjoy the rights provided for by law, perform the obligations provided by law, and shall be role models for others and loyal to the people's educational cause.

Teachers should be respected by the whole society.

Article 29: Teachers shall treat students equally in education and teaching, pay attention to students' individual differences, teach students in accordance with their aptitude, and promote the full development of students.

Teachers shall respect the personality of students, must not discriminate against students, must not inflict corporal punishment on students, covert corporal punishment, or other acts that insult their personal dignity, and must not infringe upon students' lawful rights and interests.

Article 30: Teachers shall obtain the teaching qualifications provided for by the state.

The State is to establish a unified system for the positions of compulsory education teachers. Teaching positions are divided into junior, intermediate and senior positions.

Article 31: People's governments at all levels are to ensure teachers' salaries, benefits, and social insurance benefits, and to improve teachers' working and living conditions; Improve the mechanism for guaranteeing the salary and funding of rural teachers.

The average salary level of teachers shall not be lower than the average salary level of local civil servants.

Special education teachers are entitled to a special post allowance. Teachers working in ethnic minority areas and remote and impoverished areas are entitled to subsidies and allowances for hardship and impoverished areas.

Article 32: People's governments at the county level or above shall strengthen efforts to train teachers, employing measures to develop teacher education.

The administrative departments for education of county-level people's governments shall evenly allocate the teaching force of schools within their respective administrative regions, organize the training and mobility of principals and teachers, and 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 work in rural areas and ethnic minority areas.

The State encourages graduates of institutions of higher learning to volunteer to teach in schools in rural areas and ethnic minority areas where there is a shortage of teachers. The administrative departments for education of county-level people's governments shall designate their teaching qualifications in accordance with law, and their teaching time shall be included in their length of service.

Chapter V: Education and Teaching

Article 34: Education and teaching efforts shall conform to the laws of education and the characteristics of students' physical and mental development, be oriented to all students, teach and educate people, organically unify moral, intellectual, physical, and aesthetic education in education and teaching activities, emphasizing the cultivation of students' ability to think independently, innovate, and practice, and promote students' all-round development.

Article 35: On the basis of the physical and mental development of school-age children and adolescents and the actual situation, the administrative department for education under the State Council is to determine the teaching system, educational and teaching content, and curriculum setting, reform the examination system, and improve the enrollment methods of senior secondary schools, and promote the implementation of quality education.

Schools and teachers carry out educational and teaching activities in accordance with the determined educational and teaching content and curriculum to ensure that the basic quality requirements stipulated by the state are met.

The State encourages schools and teachers to adopt educational and teaching methods such as heuristic education to improve the quality of education and teaching.

Article 36: Schools shall put moral education in the first place, integrate moral education into education and teaching, carry out social practice activities appropriate to the age of students, form an ideological and moral education system in which schools, families, and society cooperate with each other, and promote students' development of positive ideological character and behavioral habits.

Article 37: Schools shall ensure that students have time for extracurricular activities, and organize and carry out extracurricular activities such as culture and entertainment. Public cultural and sports facilities shall facilitate the school's extracurricular activities.

Article 38: Textbooks are written in accordance with national education guidelines and curriculum standards, with content strived to be streamlined, and essential basic knowledge and basic skills are selected, which are economical and practical, and ensure quality.

Employees of state organs and textbook examiners must not participate in or covertly participate in the compilation of textbooks.

Article 39: The State implements a system for the examination and approval of textbooks. The methods for the examination and approval of textbooks shall be formulated by the administrative department for education under the State Council.

Textbooks that have not been approved shall not be published or selected.

Article 40 The price of textbooks shall be determined by the price administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government in conjunction with the competent department of publication at the same level in accordance with the principle of low profits.

Article 41: The State encourages the recycling of textbooks.

Chapter VI: Funding Guarantees

Article 42: The State is to fully include compulsory education in the scope of financial safeguards, and the State Council and all levels of local people's government are to ensure that compulsory education funding is to be guaranteed in accordance with the provisions of this Law.

The State Council and local people's governments at all levels are to include compulsory education funds in their financial budgets, and promptly and fully allocate compulsory education funds in accordance with the standards for the establishment of teaching staff, wage standards, school construction standards, and standards for public funds per student, so as to ensure the normal operation of schools and the safety of school buildings, and ensure that salaries for teachers and staff are paid in accordance with regulations.

The State Council and local people's governments at all levels shall increase the proportion of financial appropriations for the implementation of compulsory education higher than the proportion of growth in fiscal recurrent revenues, to ensure that the cost of compulsory education is gradually increased according to the average number of students in school, and that the salaries of teachers and staff and the per capita public funds of students are gradually increased.

Article 43: The basic standards for per capita public funds for schools are to be formulated by the finance department of the State Council in conjunction with the administrative department for education, and are to be adjusted in due course according to the state of economic and social development. The formulation and adjustment of basic standards for per capita public funds for 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, on the basis of the actual conditions of their respective administrative regions, formulate standards for per capita public funding for school students that are not lower than the national standards.

The per capita public funding standards for students in special education schools (classes) shall be higher than those per capita for ordinary school students.

Article 44: The State Council and all levels of local people's government are to implement a system in which the State Council and all levels of local people's government share the burden on the basis of their duties, and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for overall planning and implementation. The funds needed for compulsory education in rural areas are to be shared by the people's governments at all levels in accordance with the provisions of the State Council by project and proportionally.

The people's governments at all levels shall provide free textbooks to school-age children and teenagers whose families are in financial difficulties and subsidize the living expenses of boarding students.

The specific measures for guaranteeing compulsory education funds are to be formulated by the State Council.

Article 45: Local people's governments at all levels are to separately list compulsory education funds in their budgets.

The people's governments at the county level shall make balanced arrangements for compulsory education funds, except for schools in rural areas and weak schools, in the preparation of budgets.

Article 46: The State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government regulate the system of fiscal transfer payments, increase the scale of general transfer payments and regulate special transfer payments for compulsory education, and support and guide all levels of local people's government to increase investment in compulsory education. Local people's governments at all levels ensure that the compulsory education transfer payment funds of the people's governments at higher levels are used for compulsory education in accordance with provisions.

Article 47: The State Council and local people's governments at the county level or above are to establish special funds to support the implementation of compulsory education in rural areas and ethnic minority areas on the basis of actual needs.

Article 48: The State encourages social organizations and individuals to donate to compulsory education, and encourages the establishment of compulsory education funds in accordance with the State's provisions on the management of foundations.

Article 49: Compulsory education funds are to be used for compulsory education in strict accordance with budget provisions; Compulsory education funds must not be embezzled or misappropriated by any organization or individual, and fees must not be illegally collected or apportioned to schools.

Article 50: People's governments at the county level or above are to establish and complete systems for auditing, oversight, and statistical announcements of compulsory education funds.

Chapter VII: Legal Responsibility

Article 51: Where the relevant departments of the State Council and all levels of local people's government violate the provisions of Chapter VI of this Law by failing to perform their duties to ensure the funding of compulsory education, the State Council or the local people's government at the level above is to order corrections to be made within a set period of time; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions in accordance with law.

Article 52: In any of the following circumstances, the local people's government at the county level or above is to order corrections to be made within a set period of time; If the circumstances are serious, the directly responsible managers and other directly responsible personnel shall be given administrative sanctions in accordance with law:

(1) Failure to formulate or adjust school setup plans in accordance with relevant state provisions;

(2) The construction of the school does not conform to the standards for running a school, site selection requirements, and construction standards provided by the state;

(3) Failure to regularly inspect the safety of school buildings, and promptly repair and renovate them;

(4) Failure to make balanced arrangements for compulsory education funds in accordance with the provisions of this Law.

Article 53: In any of the following circumstances, the people's government at the county level or above or its administrative department for education is to order corrections to be made within a set period of time and circulate criticism; If the circumstances are serious, the directly responsible managers and other directly responsible personnel shall be given administrative sanctions in accordance with law:

(1) Dividing schools into key and non-key schools;

(2) Changing or covertly changing the nature of public schools.

Where the administrative departments for education of county-level people's governments or township people's governments fail to take measures to organize school-age children or adolescents from enrolling in school or preventing them from dropping out of school, legal responsibility is to be pursued in accordance with the provisions of the preceding paragraph.

Article 54: In any of the following circumstances, the people's government at a higher level or the administrative department of education, finance, price administration and auditing of the people's government at a higher level shall order corrections within a time limit in accordance with the division of duties; where the circumstances are serious, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law:

(1) Embezzling or misappropriating compulsory education funds;

(2) Illegally collecting or apportioning fees from schools.

Article 55: Where schools or teachers violate the provisions of the Education Law or the Teachers Law in compulsory education work, punishment is to be given in accordance with the relevant provisions of the Education Law and the Teachers Law.

Article 56: Where schools collect fees in violation of state provisions, the administrative department for education of the people's government at the county level is to order a refund of the fees; The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law.

Where schools seek benefits by selling or covertly selling goods or services to students, the administrative department for education of the people's government at the county level is to circulate a notice of criticism; where there are unlawful gains, the unlawful gains shall be confiscated; The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law.

Where the staff of state organs and textbook examiners participate in or covertly participate in the compilation of textbooks, the people's governments at or above the county level or their administrative departments for education shall, in accordance with their duties and authority, order corrections to be made within a set period of time and give administrative sanctions in accordance with law; where there are unlawful gains, the unlawful gains are to be confiscated.

Article 57: In any of the following circumstances, the administrative department for education of the people's government at the county level is to order corrections to be made within a set period of time; where the circumstances are serious, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law:

(1) Refusing to accept school-age children or adolescents with disabilities who have the ability to receive ordinary education to study in the same class;

(2) Separate key classes and non-key classes;

(3) Expelling students in violation of the provisions of this Law;

(4) Selecting textbooks that have not been approved.

Article 58: Where the parents or other legally-designated guardians of school-age children or youths fail to send school-age children or teenagers to school to receive compulsory education in accordance with the provisions of this Law without a legitimate reason, the local township people's government or the administrative department for education of the people's government at the county level is to give criticism and education, and order corrections to be made within a set period of time.

Article 59: In any of the following circumstances, punishment is to be given in accordance with the provisions of relevant laws and administrative regulations:

(1) Coercing or enticing school-age children or adolescents who should receive compulsory education to drop out of school or drop out of school;

(2) Illegally recruiting school-age children or juveniles who shall receive compulsory education;

(3) Publishing textbooks that have not been reviewed and approved in accordance with law.

Article 60: Where violations of the provisions of this Law constitute a crime, criminal responsibility is pursued in accordance with law.

Chapter VIII Supplementary  Provisions

Article 61: The State Council is to provide for the implementation steps of not collecting miscellaneous fees for school-age children and adolescents receiving compulsory education.

Article 62: Where private schools lawfully established by social organizations or individuals carry out compulsory education, it is to be implemented in accordance with the relevant provisions of the Law on the Promotion of Private Education; Where the Law on the Promotion of Private Education does not make provisions, this Law applies.

  Article 63: This Law shall come into force on September 1, 2006.