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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II STUDENTS CHAPTER III SCHOOLS CHAPTER IV TEACHERS CHAPTER V EDUCATION AND TEACHING CHAPTER VI GUARANTEE OF OPERATING FUNDS CHAPTER VII LEGAL LIABILITIES CHAPTER VIII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. For the purpose of guaranteeing the right to compulsory education of school-age children and adolescents, ensuring the implementation of the compulsory education policy and promoting the quality of the whole nation, this Law was formulated in accordance with the Constitution and the Education Law. Article 2. The state adopts the system of 9-year compulsory education. The compulsory education is the education which is implemented uniformly by the state and shall be received by all school-age children and adolescents. It is a public welfare cause that shall be guaranteed by the state. No tuition or miscellaneous fee may be charged in the implementation of compulsory education. The state shall establish a compulsory education operating funds guarantee mechanism to ensure the implementation of the compulsory education system. Article 3. In compulsory education, the state policy on education shall be implemented and quality-oriented education shall be carried out to improve the education quality and enable children and adolescents to achieve all-round development - morally, intellectually and physically - so as to lay the foundation for cultivating well-educated and self-disciplined builders of socialism with high ideals and moral integrity. Article 4. All children and adolescents who have the nationality of the People's Republic of China and have reached the school age shall have equal right and have the obligation to receive compulsory education, regardless of the gender, nationality, race, status of family property, religion, belief, etc. Article 5. The people's governments at all levels and their relevant departments shall perform all functions as described by this Law and shall ensure the right to compulsory education of all school-age children and adolescents. The parents or other statutory guardians of school-age children and adolescents shall ensure that school-age children and adolescents go to school to receive and complete the compulsory education. The schools lawfully carrying out compulsory education shall complete the educational and teaching tasks as required and ensure the educational and teaching quality. Social organizations and individuals shall create a good environment for the school-age children and adolescents to receive compulsory education. Article 6. The State Council and the local people's governments at the county level and above shall reasonably allocate the educational resources, promote the balanced development of compulsory education, improve the conditions of weak schools, take measures to ensure the implementation of the compulsory education policy in rural areas and areas of ethnic minorities, and guarantee the school-age children and adolescents from families with financial difficulties and disabled school-age children and adolescents to receive compulsory education. The state shall organize and encourage the economically developed areas to provide aid to the economically under-developed areas in the implementation of the compulsory education policy. Article 7. The compulsory education shall be under the leadership of the State Council, be carried out under the plans of the provinces, autonomous regions, municipalities directly under the Central Government, and be mainly administered by the people's governments at the county level. The education administrative departments of the people's governments at the county level or above shall be responsible for the implementation of the compulsory education policy. Other relevant departments of the people's governments at the county level or above shall, within the scope of their respective functions, be responsible for the implementation of the compulsory education policy. Article 8. An education supervisory institution of the people's government shall supervise the compliance with the laws and regulations in the compulsory education work, the educational and teaching quality as well as the status of balanced development of compulsory education, and shall issue supervisory reports to the general public. Article 9. Any social organization or individual may expose or complain any violation of this Law to the relevant state organ. In the event that this Law is grossly violated, the implementation of the compulsory education policy is hampered and bad consequences are caused to the society, the liable persons-in-charge of the people's government or of the education administrative department of the people's government shall resign from their posts due to their mistakes. Article 10. The social organizations and individuals who have made outstanding contributions in the implementation of the compulsory education policy shall be commended and awarded by the people's governments at all levels and their relevant departments. CHAPTER II STUDENTS Article 11. Any child who has attained to the age of 6, his (her) parents or other statutory guardians shall have him (her) enrolled in school to finish the compulsory education. For the children in those areas where it is not possible, the initial time of schooling may be postponed to 7 years old. If, on account of illness or other special circumstances, where a school-age child or adolescent needs to postpone his (her) enrollment or suspend his (her) schooling, his (her) parents or other statutory guardians shall file an application with the education administrative department of the local people's government of the township, town or county for approval. Article 12. The school-age children and adolescents shall go to school without taking any examination. The local people's governments at all levels shall ensure that the school-age children and adolescents are enrolled in the schools near the permanent residences of the school-age children and adolescents. For a school-age child and adolescent whose parents are working or dwelling at a place other than their permanent residence, if he (she) receives compulsory education at the place where his (her) parents or other statutory guardians are working or dwelling, the local people's government shall provide him (her) with equal conditions for receiving compulsory education. The concrete measures shall be formulated by the provinces, autonomous regions and municipalities directly under the Central Government. An education administrative departments of the people's government at the county level shall guarantee the right of the servicemen's children to compulsory education within its administrative area. Article 13. The education administrative departments of the people's governments at the county level, and the people's governments of the townships and towns shall organize and urge school-age children and adolescents to go to school, help to solve their difficulties in receiving compulsory education and take measures to prevent them from discontinuing their schooling. The residents' committees and villagers' committees shall help the government to do well in urging school-age children and adolescents to go to school. Article 14. It is forbidden for any employing entity to employ any school-age children and adolescents who shall be receiving compulsory education. For the social organizations which enroll school-age children and adolescents for professional training of art and literature, physical education, etc., they shall ensure that the children and adolescents enrolled therein receive compulsory education. If they carry out compulsory education by themselves, they shall be subject to approval of the education administrative departments of the people¡¯s governments at the county level. CHAPTER III SCHOOLS Article 15. The local people's governments at or above the county level shall, on the basis of the factors such as the number and distribution of the school-age children and adolescents dwelling in their respective administrative area, formulate and adjust the plans on the setup of schools in accordance with the relevant provisions of the state. Where a newly established residential area needs to set up a school, it shall build it along with the construction of the residential area. Article 16. The construction of schools shall conform to the standards of the state on running schools, shall meet the educational and teaching needs, shall meet the state's requirements for the selection of sites and the construction standards so as to ensure the safety of the students and the staff. Article 17. Where necessary, the people's government at the county level may set up boarding schools so as to ensure that the school-age children and adolescents, who are dwelling in scattered areas, to receive compulsory education. Article 18. The education administrative department of the State Council and the people's governments of the provinces, autonomous regions, municipalities directly under the Central Government shall, where necessary, set up schools (classes) in economically developed areas so as to enroll school-age children and adolescents of ethnic minorities. Article 19. The local people's governments at the county level or above shall, where necessary, set up special education schools (classes) so as to provide compulsory education to the school-age children and adolescents who have eyesight, hearing and intellectual problems. The special education schools (classes) shall have places and facilities which suit their study, recovery and living features of the disabled children. Ordinary schools shall accept the disabled school-age children and adolescents, who are able to receive ordinary education, to study along with the normal classes and shall help them to study and recover. Article 20. The local people's governments at the county level or above shall, where necessary, set up particular schools to provide compulsory education to the school-age adolescents who committed any severely bad acts as described in the Law on the Prevention of Crime of Juvenile of Delinquency. Article 21. The juvenile delinquents who fail to finish compulsory education and the minors who are subject to mandatory education measures shall be given compulsory education. The essential operating funds shall be ensured by the people's government. Article 22. The people's governments at the county level or above and the education administrative departments thereof shall promote the balanced development among schools, shall narrow the gap of school-running conditions among different schools and shall not divide schools into key schools and non-key schools. No school may set up key classes and non-key classes. None of the people's governments at the county level or above and the education administrative department thereof may, under any pretext or in disguise, change the nature of a public school. Article 23. The people's governments at all levels and the relevant departments thereof shall maintain the order around the schools, protect the legitimate rights and interests of the students, teachers and schools, and guarantee the safety of the schools. Article 24. A school shall establish a sound safety system and an emergency response mechanism, offer its students with safety education, intensify the management and eliminate the hidden risks in a timely manner so as to prevent the occurrence of accidents. The people's governments at the county level or above shall regularly inspect the safety of the schoolhouses and shall timely repair and rebuild the schoolhouses which are necessary to be repaired and rebuilt. No school may hire any person, who has ever been deprived of political rights for any intentional crime, or any other person who is not suitable to engage in the compulsory education, as its staff member. Article 25. No school may charge any fee by violating the provisions of the state, or seek any benefits by selling goods or services or by doing so in any disguised form. Article 26. A school shall adopt the principal responsibility system. The principal shall conform to the appointment conditions as described by the state. The principal shall be retained by the education administrative department of the people's government at the county level. Article 27. For a student who violates the school management rules, the school shall criticize and educate him (her), but shall not dismiss him from school. CHAPTER IV TEACHERS Article 28. Teachers shall be entitled to the rights as prescribed by the law, shall be worthy of the name of the teacher and shall be devoted to the people's educational cause. The whole society shall respect teachers. Article 29. A teacher shall, during the course of education and teaching, treat his students equally, pay attention to the individual differences, teach students on the basis of their aptitude and shall promote the full development of students. A teacher shall respect the personality of students. No teacher may discriminate against any student, or give corporal punishment or corporal punishment in disguise to any student, or commit any other act that may insult the personal dignity of any student, or infringe upon the legitimate rights and interests of any student. Article 30. A teacher shall obtain the qualifications as prescribed by the state for teachers. The state shall establish a uniform system for the professional titles of teachers engaging in compulsory education. The professional titles of teachers shall be classified into primary, intermediate and senior titles. Article 31. The people's governments at all levels shall ensure the wages and welfare benefits as well as social insurances of the teachers, improve their working and living conditions and improve the mechanism for guaranteeing the wages and operating funds of rural teachers. The average wage of teachers shall not be lower than the average wage of the local civil servants. The teachers engaging in special education shall be entitled to the subsidies of special posts. The teachers who work in ethnic minority areas and in remote and poverty-stricken areas shall be entitled to subsidies of hard and poverty-stricken areas. Article 32. The people's governments at the county level or above shall strengthen the cultivation of teachers and take measures to develop the education of teachers. The education administrative departments of the people's government at the county level shall, in a balanced manner, allocate teachers within their respective administrative area, shall organize training and transfer of the principals and teachers and shall intensify the construction of weak schools. Article 33. The State Council and the people's governments at all levels shall encourage and support urban school teachers and graduates from colleges and universities to engage in compulsory education in rural areas and in ethnic minority areas. The state encourages graduates from colleges and universities to work as volunteer teachers of schools in rural areas and in ethnic minority areas. The education administrative departments of at the county level shall recognize their qualifications for teachers and their length of teaching shall be included in their length of service. CHAPTER V EDUCATION AND TEACHING Article 34. The educational and teaching work shall be in line with the education rules and the characters of the physical and mental development of students, be geared to all students, pass on knowledge and enlighten people, integrate the moral education, intellectual education, physical education and aesthetic education in the educational and teaching activities, focus on the cultivation of the students' independent thinking ability, creation ability and practice ability so as to promote the all-round development of students. Article 35. The education administrative department of the State Council shall, according to the physical and mental development of school-age children and adolescents as well as the actual circumstances, determine the teaching system, the educational and teaching contents as well as the setup of courses, reform the examination system, improve the measures for the recruitment of students by senior middle schools, and push forward the implementation of the quality-oriented education. The schools and teachers shall carry out the educational and teaching activities according to the educational and teaching contents and the setup of courses as determined so as to ensure the basic quality requirements as prescribed by the state. The state encourages schools and teachers to adopt the education and teaching methods such as the Socratic method so as to enhance the education and teaching quality. Article 36. A school shall place the moral education in the first place, imply the moral education in the education and teaching, carry out social practice which fit for the age of students, form a ideological and moral education system whereby the school, family and society are collaborate with each other, so as to promote the students to have good morals and form a habit of good conduct. Article 37. A school shall ensure that the students have time for after-school activities and shall organize and carry out cultural entertainments and other after-school activities. The public cultural and sports facilities shall facilitate the school to carry out after-school activities. Article 38. A textbook shall be compiled according to the national education policies and the relevant course standards. Its contents shall be as concise as possible, shall choose the indispensable basic knowledge and skills, shall be economic and practical and shall guarantee the quality. No functionary of any state organ or examiner of textbooks may participate in the compilation of any textbook or do so in any disguised form. Article 39. The state shall adopt the textbook examination and approval system. The measures for the examination and approval of textbooks shall be provided for by the education administrative department of the State Council. No one may publish or use any textbook that fails to be examined and approved. Article 40. The benchmark price of a textbook shall be determined by the price administrative department of the State Council jointly with the publication administrative department. Article 41. The state encourages the use of textbooks in a recycling manner. CHAPTER VI GUARANTEE OF OPERATING FUNDS Article 42. The state shall integrate the entire compulsory education into the scope of financial guarantee. The operating funds for compulsory education shall be guaranteed by the State Council and the local people's governments at all levels in pursuance of the law. The State Council and the people's governments at all levels shall integrate the operating funds of compulsory education into the financial budget, shall appropriate the operating funds in full amounts according to the authorized number of school staff, the wage standards, the school construction standards and the average public-use operating fund for students so as to ensure the normal operation of the schools, the safety of the school houses and timely payment of the wages of the school staff according to the relevant provisions. The increase rate of the treasury funds appropriated to the State Council and the local people's governments at all levels for the implementation of the compulsory education policy shall be higher than that of the current income of treasury so as to ensure the gradual increase of the average compulsory funds based on the number of existing students as well as the gradual increase of the average public-use operating fund for students. Article 43. The basic standards on the average public-use operating funds for students of schools shall be formulated by the public finance department of the State Council jointly with the education administrative department, and shall be adjusted according to the status of economic and social development in good time. The formulation and adjustment of the basis standards on the average public-use operating funds for students of schools shall satisfy the basic needs for education and teaching. The people's governments of the provinces, autonomous regions, municipalities directly under the Central Government shall, in light of the actual circumstances of their respective administrative area, formulate standards on the average public-use operating funds for school students, which shall not be lower than the national standards. The standards on the average public-use operating funds for students of special schools (classes) shall be higher than the standards on the average public-use operating funds for students of the ordinary schools. Article 44. The compulsory education operating funds shall be jointly paid by the State Council and the local people's governments at all levels according to their respective functions. The people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for formulating plans and implementing the plans. The operating funds essential for rural compulsory education shall, according to the items and proportions as specified by the State Council, be paid by the people's governments at all levels. For the school-age children and adolescents whose families have financial difficulties, the people's governments at all levels shall provide them with gratuitous textbooks, and give living cost subsidies to the boarders. The concrete measures for guaranteeing the operating funds for compulsory education shall be provided for by the State Council. Article 45. The people's governments at all levels shall separately list the compulsory education operating funds in their fiscal budgets. When the people's governments at the county level prepare budgets, they shall not only be more favorable to the schools in rural areas and weak schools, but also arrange the compulsory education operating funds in a balanced manner. Article 46. The State Council and the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall regulate the public finance transfer payment system, expand the general transfer payment scale, regulate transfer payment for the compulsory education, and support and direct the local people's governments at all levels to make more payments for the compulsory education. The local people's governments at all levels shall ensure that funds be paid to them by the superior people's governments for compulsory education be used for the compulsory education under relevant provisions. Article 47. The State Council and the local people's governments at the county level shall, in light of the actual needs, prepare special funds to support the rural areas and ethnic minority areas to carry out compulsory education. Article 48. The state encourages social organizations and individuals to make donations for the compulsory education, to set up compulsory education funds in pursuance of the provisions of the state on the administration of foundations. Article 49. The compulsory education operating funds shall be used for the compulsory education in strict compliance with the budget. No organization or individual may illegally occupy or misappropriate any compulsory education operating fund, or illegally charge a school any fee or apportion any expense to a school. Article 50. The people's governments at the county level shall establish sound systems for the audit and supervision, and statistical announcement. CHAPTER VII LEGAL LIABILITIES Article 51. Where any of the pertinent departments of the State Council or any of the local people's governments fails to perform the function of guaranteeing the operating funds for compulsory education by violating Chapter VI of this Law, the State Council or the superior local people's governments shall order it to make corrections within a time limit. If the circumstances are serious, it shall give an administrative sanction to the directly liable person-in-charge and other directly liable persons. Article 52. Where any of the local people's governments at the county level or above is under any of the following circumstances, the superior people's government shall order it to make corrections. If the circumstances are serious, it shall give an administrative sanction to the directly liable person-in-charge and other directly liable persons: (1) It fails to formulate and adjust plans on the setup of schools under the relevant provisions of the state; (2) The school construction does not conform to the school-running standards, requirements for selection of site and construction standards as provided for by the state; (3) It does not inspect the school houses regularly, nor does it repair or rebuilt them timely; or (4) It fails to arrange the compulsory education operating funds in a balanced manner in accordance with this Law. Article 53. Where any of the people's governments at the county level or above or its education administrative department is under any of the following circumstances, the superior people's government or its education administrative department shall order it to make corrections within a time limit, and criticize it by circulating a notice. If the circumstances are serious, it shall give an administrative sanction to the directly liable person-in-charge and other directly liable persons: (1) Dividing the schools into key schools or non-key schools; or (2) Changing the nature of any public school or doing so in disguise. Where any of the education administrative departments of the people's governments at the county level, or the people's governments of townships and towns fails to take measures to organize school-age children or adolescents to go to school or fails to prevent them from discontinuing their schooling, it shall be subject to legal liabilities according to the provisions of the preceding paragraph. Article 54. Under any of the following circumstances, the superior people's government or the education administrative department, public finance department, price administrative department and audit organ shall, according to their respective functions, be ordered to make corrections within a time limit. If the circumstances are serious, the directly liable person-in-charge and other directly liable persons shall be given a sanction: (1) Illegally occupying or misappropriating any compulsory education operating fund; or (2) Illegally charging a school any fee or apportion any expense to a school. Article 55. Where any school or teacher violates the Education Law or Teachers Law in the compulsory education work, it or he (she) shall be punished in accordance with the Education Law or Teachers Law. Article 56. Where a school charges any fee by violating the provisions of the state, the education administrative department of the people's governments at the county level shall give a sanction to the directly liable person-in-charge and other directly liable persons-in-charge in accordance with the law. Where a school publicizes commodities or services to students for seeking benefits, it shall be criticized by the education administrative department of the people's government at the county level by circulating a notice. The illegal gains, if any, shall be confiscated. The directly liable persons-in-charge and other directly liable persons shall be given a sanction. Where any of the functionaries of the state organs or textbook examiners participates in the compilation of any textbook or does so in disguise, the peoples' government at the county level or above or its education administrative department shall order him (her) to make corrections within a time limit and give him (her) an administrative sanction, and shall confiscate the illegal gains, if any. Article 57. Where a school is under any of the following circumstances, it shall be ordered to make corrections within a time limit by the education administrative department of the people's government at the county level. If the circumstances are serious, the directly liable persons-in-charge and other directly liable persons in charge shall be given a sanction in accordance with the law: (1) Failing to accept the disabled school-age children and adolescents, who are able to receive ordinary education, to study along with the normal classes; (2) Establishing key classes alongside with non-key classes; (3) Dismissing any students by violating this Law; or (4) Choosing and using any textbook that fails to be examined and approved. Article 58. Where the parents or any other legal custodian of school-age children or adolescents fail to send them to receive compulsory education according to the provisions of the present law without justifiable reasons, they shall be criticized by the township-level people's government or the educational administrative department of the county-level people's government of the locality and be ordered thereby to make a correction. Article 59. Under any of the following circumstances, a penalty shall be meted out according to the relevant laws or administrative regulations: (1) Forcing any school-age children or adolescent by menace or coax to leave school or quit his school education; (2) Illegally employing any school-age children or adolescent who should be receiving obligation education; or (3) Publishing any textbook which fails to be examined and approved according to law. Article 60. Anyone who violates any of the provisions of the present Law and any crime is constituted shall be subject to criminal liabilities according to law. CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 61. The steps for implementing the policy of exempting sundry expenses from school-age children or adolescents shall be formulated by the State Council. Article 62. Where any private school operated by any social organization or individual implements compulsory education, it shall be governed by the relevant provisions of the Law on Promoting Non-state Education. Where it is not provided for in the Law on Promoting Non-state Education, the present Law shall apply. Article 63. This Law shall come into force as of September 1, 2006. |
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