Measures of Beijing Municipality for Implementation of the Compulsory Education Law of China

 2018-05-26  20


Measures of Beijing Municipality for Implementation of the Compulsory Education Law of China

  • Area of Law Education
  • Level of Authority Provincial Local Regulations
  • Date issued11-21-2008
  • Effective Date03-01-2009
  • Status Effective
  • Issuing Authority Beijing Municipal People's Congress (incl. Standing Committee)


Measures of Beijing Municipality for Implementation of the Compulsory Education Law of China (2008 Revision)
(Adopted at the 29th Meeting of the Standing Committee of the 8th People's Congress of Beijing Municipality on July 8, 1986, amended in accordance with the Decisions on Revising the Measures of Beijing Municipality for Implementation of the Compulsory Education Law of the People's Republic of China adopted at the 7th Meeting of the Standing Committee of the 10th People's Congress of Beijing Municipality on November 26, 1993, and amended at the 7th Meeting of the Standing Committee of the 13th People's Congress of Beijing Municipality on November 21, 2008)
CONTENTS
Chapter I General Provisions
Chapter II Students
Chapter III Schools
Chapter IV Teachers
Chapter V Instruction and Teaching
Chapter VI Guarantee of Funds
Chapter VII Supervision
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 These Measures are formulated for the purpose of implementing the Compulsory Education Law of the People's Republic of China in light of the actual circumstances of this Municipality.
Article 2 This Municipality implements a system of nine-year compulsory education.
Compulsory education is a public welfare undertaking which must be guaranteed by the State. This Municipality establishes a mechanism for guaranteeing funds for compulsory education to ensure implementation of the system of compulsory education, no tuition or miscellaneous fees being charged from the students receiving compulsory education, and gradual adoption of the system of gratuitously providing textbooks.
Article 3 This Municipality ensures, in accordance with law, the equal right of school-age children and adolescents to receive compulsory education.
Article 4 In compulsory education, the State policy on education shall be implemented by providing qualities-oriented education, to improve the quality of instruction, with a view to enabling school-age children and adolescents to achieve all-round development - morally, intellectually and physically, so as to lay the foundation for bringing up well-educated and self-disciplined builders and successors of socialism imbued with lofty ideals and moral integrity.
Article 5 The people's governments at the municipal and the district or county level shall rationally allocate educational resources, focus on strengthening the establishment of schools in rural areas and schools started on weak foundations in urban areas, narrow the differences in the conditions for school running among schools, promote balanced development of compulsory education and improve the quality of instruction and the level of school running in compulsory education in an all-round way.
Article 6 In compulsory education, this Municipality shall practice the system under which the Municipal People's Government shall make overall plans for its provision and the people's governments at the district or county level shall play the main role in administration.
The Municipal People's Government shall make overall plans for the implementation of compulsory education in this Municipality and incorporate the undertaking of compulsory education into the national economic and social development plan.
The people's governments at the district or county level shall be responsible for the administration of provision of compulsory education, making plans for development of the undertaking of compulsory education in their respective administrative areas, rationally adjusting the layout of schools, building a strong contingent of teachers and guaranteeing funds for education.
The administrative departments for education shall be specifically responsible for the provision of compulsory education. Administrative departments of development and reform, finance, personnel, Sate-land and resources, planning, construction, public health, public security, industry and commerce, culture, etc. shall be responsible for the provision of compulsory education within the scope of their respective functions and duties.
The people's governments at the town or township level and sub-district offices shall offer cooperation to the administrative departments for education in providing compulsory education in accordance with their functions and duties.
Article 7 Public organizations and individuals shall create a good environment for school-age children and adolescents to receive compulsory education.
Chapter II Students
Article 8 When children have reached the age of six, their parents or other statutory guardians shall send them to schools to receive and complete compulsory education.
If, on account of physical conditions, school-age children or adolescents need to postpone schooling or be suspended from school, their parents or other statutory guardians shall go through relevant procedures in accordance with law.
The administrative departments for education at the district or county level as well as the people's governments at the town or township level and sub-district offices shall adopt measures to prevent school-age children and adolescents from dropping out of school.
Article 9 The peoples' governments at the municipal and the district or county level shall formulate and improve the policies of schooling subsidies for school-age children and adolescents in disadvantaged groups to ensure that school-age children and adolescents in rural areas, from families with financial difficulties and with disability receive compulsory education.
Article 10 School-age children and adolescents shall be exempted from the entrance examinations. Schools shall not select students in any form or disguised form of examinations, tests or interviews and shall not take any score of contest, reward or certificate as the basis for enrollment.
The people's governments at the district or county level shall ensure that school-age children and adolescents enroll in schools near the places where their permanent residence is registered. The administrative departments for education at the district or county level shall, on the basis of such factors as the number of school-age children and adolescents and the places of their residence, reasonably fix the scope and number of students each government-run school in their respective administrative areas is to enroll near the schools and publish the information to the society. The schools shall enroll students in accordance with the provisions of the administrative departments for education and publish the results of enrollment to the society.
The administrative departments for education at the district or county level shall ensure that the children of servicemen within their respective administrative areas receive compulsory education.
Article 11 For a school-age child or adolescent with the permanent registered residence in this Municipality, his parents or other statutory guardians shall go to the school designated by the administrative department for education in the district or county of the permanent registered residence with the certificates of identity of their own and that of the child or adolescent to undertake the procedures for enrollment.
Where a school-age child or adolescent with the permanent registered residence in this Municipality resides with his parents or other statutory guardians in a district or county other than the permanent registered residence for a long term and needs to receive compulsory education, his parents or other statutory guardians shall go to the school designated by the administrative department for education in the district or county of the actual residence with the certificates of identity and residence of their own and that of the child or adolescent to contact for enrollment; where it is difficult for the school to receive the child or adolescent, they may file an application to the administrative department for education in the district or county of the actual residence for coordination and settlement.
Article 12 Where a school-age child or adolescent without a permanent registered residence in this Municipality needs to receive compulsory education in this Municipality for the reason that his parents or other statutory guardians work or reside in this Municipality, his parents or other statutory guardians shall go to the school designated by the administrative department for education in the district or county of the actual residence with the certificates of identity, residence or work of their own and that of the child or adolescent, examined and verified by the sub-district office or the people's government at the town or township level of the actual residence to contact for enrollment; where it is difficult for the school to receive the child or adolescent, they may file an application to the administrative department for education in the district or county of the actual residence for coordination and settlement.
Article 13 The people's governments at the municipal and the district or county level shall, in accordance with law, ensure that the school-age children and adolescents among children of farmers moving from other parts of the country to Beijing for work may receive compulsory education. The specific measures shall be formulated by the Municipal People's Government.
Article 14 No Employing units shall employ school-age children or adolescents who are expected to receive compulsory education.
The public organizations which have obtained approval according to relevant provisions to recruit school-age children and adolescents for special training in literature and art or sports shall guarantee that the recruited school-age children and adolescents receive compulsory education; where a public organization intends to provide compulsory education itself, it may do it only after being approved by the administrative department for education at the district or county level in the place where it is located upon submitting the information on enrollment, conditions for school running, teaching force, fund guarantee, curriculums and teaching plans in accordance with relevant provisions.
Article 15 Schools shall not organize students to participate in any commercial activities.
Chapter III Schools
Article 16 The administrative department for education at the municipal level shall, together with relevant departments of the Municipal People's Government and the people's governments at the district or county level, organize compilation of the special plan of educational facilities according to the overall urban planning and overall land-use planning so as to guarantee the land for construction of facilities for compulsory education, and submit it to the Municipal People's Government for approval.
The people's governments at the district or county level shall work out the programs for establishment and adjustment of schools to provide compulsory education within their respective administrative areas in accordance with the special plan of educational facilities and organize implementation of the programs;set up boarding schools where necessary for the school-age children and adolescents in mountainous areas and remote areas and grant subsidies to the resident students.
Article 17 The administrative department for education at the municipal level shall, together with relevant administrative departments, formulate the standards for school running conditions in accordance with relevant provisions of the State and the requirements of instruction and teaching.
The people's governments at the municipal and the district or county level shall ensure that schools meet the standards for school running conditions.
Article 18 Construction, reconstruction or expansion of a school shall be in compliance with the requirements of the standards for school construction of the State in order to ensure safety of students and teaching and administrative staff.
The people's governments at the district or county level shall regularly organize inspections on schoolhouses with respect to their safety and have them maintained or renovated in time, where necessary.
Article 19 The schools which need to be set up in newly constructed or reconstructed residential areas shall be incorporated into the special plan for educational facilities. Establishment of schools shall be in compliance with the standards for school running conditions and in step with the construction of the residential areas. The people's governments at the municipal and the district or county level shall allocate the land needed for construction according to law and also guarantee the funds needed. The people's governments at the district or county level shall be responsible for organizing the construction of schools. The specific measures shall be formulated by the Municipal People's Government.
Article 20 The people's governments at the district or county level and their administrative departments for education shall use land in accordance with the provisions in the documents for approval of the allocation of land-use rights and shall not transfer or transfer in a disguised form the land of schools or change the nature of the land use. Where it is truly necessary to change the nature of the land use, an approval shall be obtained in accordance with law. The schools shall not rent their schoolhouses and sites in violation of provisions.
Where it is necessary to demolish a school for the need of construction, the department for demolition shall negotiate with the administrative department for education at the district or county level and reconstruct the school or offer compensation in accordance with the programs for adjustment of the layout of schools.
Article 21 The people's governments at the municipal and the district or county level shall, in light of need, establish special education schools (classes) in accordance with relevant standards for construction of the State, improve the school running conditions and level of the special education schools (classes) so as to ensure that the disabled school-age children and adolescents receive compulsory education.
Schools shall admit to the classes corresponding to the levels of the disabled school-age children and adolescents who are capable of receiving regular education and provide them with aid in study and rehabilitation.
Article 22 For the juvenile delinquents and the minors against whom compulsory educational measures are taken, who have not completed compulsory education, the enforcement authority shall ensure that they continue to receive compulsory education. The administrative department for education shall be responsible for organizing the teaching work in such compulsory education, and the funds needed shall be guaranteed by the Municipal People's Government.
Article 23 The people's governments at the municipal and the district or county level and their administrative departments for education shall not divide the schools into key and non-key schools or focus the fiscal funds for education on the construction of schools with super-standard school running conditions.
The schools shall not separately divide the classes into key and non-key classes within schools in any name.
Article 24 The people's governments at the municipal and the district or county level and their administrative departments for education shall not change the nature of government-run schools in any name or in a disguised form. The government-run schools shall not run a private school in violation of the provisions of laws or regulations.
Article 25 Schools shall not collect any fees in violation of the State provisions, nor shall they seek profits by selling commodities, services, etc. to students or doing so in a disguised form.
Article 26 Schools shall set up and improve security systems concerning schoolhouses, fire protection and public health and emergency response mechanisms, intensify management and eliminate hidden hazards in time and prevent accidents.
Schools shall include the knowledge on emergency response into the contents of teaching and conduct education in the knowledge on emergency response in various forms according to the age and cognitive ability of students so as to cultivate students' safety awareness and ability of self-rescue.
Article 27 The people's governments at the district or county level shall organize relevant departments to conduct regular supervision and guidance on the security management work of schools.
Article 28 The people's governments at various levels in this Municipality and their relevant departments shall, in accordance with law, maintain order in the areas surrounding schools, ensure security of schools and protect the legitimate rights and interests of students, teachers and schools.
Article 29 The system under which the principal assumes full responsibility shall be practiced in schools.
The administrative departments for education shall improve the system of qualification criteria for principals and the system of taking posts with certificates, intensify trainings for principals, establish databases for information on training and the monitoring and evaluation system for quality of trainings so as to improve the principals' capacity in running schools according to law, governing schools democratically, managing schools scientifically and organizing the provision of qualities-oriented education.
Article 30 Schools shall establish the administrative rules on students and formulate the code of conduct for students in accordance with the provisions of relevant laws, regulations or rules. Where a student violates the administrative rules, the school shall criticize him by way of education, but shall not order him to transfer to another school or quit school, or expel him. For a student with serious misbehaviors, his parents or other statutory guardians and the school shall cooperate each other to impose strict disciplines or may send him to a special school for correction and education.
Article 31 The administrative departments for education shall promote the share of resources such as educational facilities and equipment, courses and talents between rural and urban areas and within the same region so as to improve the efficiency of resource using.
Chapter IV Teachers
Article 32 Teachers shall obtain the qualifications for teachers as prescribed by the State and meet the employment conditions for teachers provided by this Municipality.
This Municipality implements the State's unified system for the posts of teachers engaged in compulsory education.
Article 33 The people's governments at various levels in this Municipality shall guarantee the salaries, welfare benefits and social insurance premiums for teachers, provide them with guarantee for medical care and improve their working and living conditions.
This Municipality shall improve the salary system for teachers and establish a scientific and standardized mechanism of income distribution.
The people's governments at the municipal and the district or county level shall narrow the gaps in incomes of teachers in different districts and counties or different schools and ensure that the average salary of teachers not be less than that of the local public servants.
Teachers engaged in special education shall enjoy subsidies for special posts. Teachers working in mountainous areas and remote poverty-stricken areas shall enjoy subsidies for working in mountainous areas and remote poverty-stricken areas.
Article 34 The administrative departments for education and personnel shall make an overall plan on the building of a strong contingent of teachers, deepen the reform in the personnel system, optimize the structures of the contingent of teachers, adopt measures to intensify the administration, cultivation and trainings of the teachers and improve the professional ethics and teaching competence of the teachers under the principle of orienting to the whole group of teachers and improving them as a whole, care for the physical and psychological health of the teachers and strongly advocate among teachers the good tendency of being a model for others, imparting knowledge and educating people and cherishing the work devotionally.
Article 35 Teachers shall perform their teaching responsibilities in accordance with provisions.
The teachers of a government-run school shall not take part-time job or teach courses in any privately-run teaching institution in working days and shall not organize students to receive any compensable family education.
Article 36 The administrative departments for education at the district or county level shall distribute the teaching forces in a balanced manner, give preference to the schools in rural areas and schools started on weak foundations in urban areas in terms of training for teachers, post setting, allocation of key teachers and cultivation of academic leaders, and arrange for transfer of principals and teachers from school to school.
Article 37 The people's governments at the municipal and the district or county level shall organize teachers in urban areas to go to rural areas to support the work of compulsory education and encourage and support graduates from schools of higher education to engage in compulsory education in the schools in rural areas and schools started on weak foundations in urban areas.
Chapter V Instruction and Teaching
Article 38 Instruction and teaching shall be carried out in conformity with the pattern of education and the characteristics of students' physical and mental development, be oriented to the need of all students and suit instruction to students' levels by organically integrating moral, intellectual, physical and aesthetic education in instruction and teaching, with special attention paid to strengthening students' physique and mental health, developing their ability of independent thinking, creativity and practice in order to enable them to develop in an all-round way.
Article 39 The administrative departments for education and schools shall strengthen the study on teaching and scientific research on instruction, and promote innovation in instruction.
Article 40 The administrative departments for education shall, in accordance with requirements of the State, promote the reforms on the contents and methods of teaching, examination, enrollment and quality assessment system, set up and perfect the quality monitoring system and teaching guidance system for compulsory education.
Article 41 Schools and teachers shall conduct instruction and teaching in accordance with the State-determined contents of instruction and teaching and curriculums as well as arrangement of teaching hours and shall ensure that the requirements specified by the State in respect of the essential qualities are met; shall not, in violation of provisions, increase the homework burden of students, and increase the teaching hours of examination subjects or decrease the teaching hours of non-examination subjects; shall not rank students according to their examination results; shall not organize students to participate in mandatory trainings by using holidays, weekends or spare time after school; and shall not mobilize or organize their own students to participate in trainings on cultural subjects offered by privately-run institutions.
The administrative departments for education shall implement the teaching system, instruction and teaching contents and curriculums of the State, promote the implementation of qualities-oriented education, and offer guidance and inspection on schools' instruction and teaching activities.
Article 42 Schools shall put moral education in the first place, embody moral education in instruction and teaching, strengthen education in legal system among students, and help students cultivate good ideology and moral character and a good habit of conduct.
Article 43 Schools shall, in accordance with the requirements of qualities-oriented education, organize students to carry out sports, cultural, and scientific activities and social practices, and organize students to visit such venues as museums, science and technology museums, memorials and patriotism education bases in a planned way.
Schools shall ensure that the sports time for students everyday shall not be less than one hour; the time for students' social practices in primary schools and middle schools each academic year shall not be less than ten days and 20 days respectively.
The public cultural and sports facilities of the society shall provide conditions and convenience for schools to carry out instruction and teaching activities.
Article 44 The administrative departments for education and public health shall provide trainings on the knowledge of mental health to teachers, so as to improve their capability in promoting the mental health of students. Schools shall include the education on mental health in the teaching plan, offer instruction, consultation and tutorship on mental health according to the characteristics of students, create the study environment good for the mental health of students, so as to improve the physical and mental health of students. The primary schools and middle schools with conditions shall be equipped with professional staff to provide psychological consultation services to students.
Article 45 The administrative departments for education shall, in accordance with provisions of the State, strengthen supervision and administration on the selection of textbooks.
No unit or individual shall force schools or students to subscribe teaching guidance materials, newspapers and magazines in any form.
This Municipality encourages schools to carry out cyclical use of textbooks.
Chapter VI Guarantee of Funds
Article 46 The people's governments at the municipal and the district or county level shall place compulsory education completely within the scope of financial guarantee, and separately list the funds for compulsory education in their financial budgets, ensure the percentage of increase in government funds allocated for compulsory education be higher than the percentage of increase in regular government revenues, in order to ensure the gradual increase in the average amount of funds for compulsory education per student in school, in the salaries of the teaching staff and in the average amount of funds per student for public use, and mainly use the newly increased funds for education for the schools in rural areas and schools started on weak foundations in urban areas. The extra charges of education funds shall be mainly used for provision of compulsory education.
When drawing up the budgets, the Municipal People's Government shall give preferential treatment to the funds for the rural areas and the districts or counties with insufficient financial resources to implement compulsory education, increase the amount of transfer payment for compulsory education in order to support and guide the people's governments at the district or county level in increasing their input in compulsory education.
Article 47 The administrative department for finance at the municipal level shall, together with the administrative department for education at the municipal level, make the standards of the average amount of funds per student for public use higher than the State standard, and make timely adjustments in accordance with the requirements on realizing the education modernization of this Municipality and on the basis of the conditions of economic and social development. When the standard for the average amount of funds per student for public use is formulated or adjusted, attention shall be paid to meeting the normal need of instruction and teaching.
The standard for the average amount of funds per student for public use of schools (classes) providing special education and disabled students learning in regular classes shall be higher than that for students of regular schools.
Article 48 Input of the funds for compulsory education in this Municipality adopts the system under which the Municipal People's Government shall be responsible for establishing a system for overall planning for bringing the provision of funds into effect and the people's governments at various levels shall jointly provide the funds on the basis of their respective duties.
The people's governments at the district or county level shall, in accordance with their functions and duties, guarantee input of the funds for compulsory education according to law, and the Municipal People's Government shall, in accordance with provisions, share the funds for compulsory education on the basis of the items and proportions and offer subsidies and support to the districts or counties with insufficient financial resources.
The specific measures for guaranteeing funds for compulsory education shall be formulated by the Municipal People's Government.
The people's governments at the town or township level shall, according to the actual circumstances, offer support to the undertaking of compulsory education within their respective administrative areas.
Article 49 The funds for compulsory education shall be used for compulsory education in a way as specified in the budget, and be allocated timely and in full amount.
The people's governments at the municipal and the district or county level shall establish a sound system of supervision through auditing, statistics and regular announcement, strengthen the administration and improve the efficiency of fund using.
Chapter VII Supervision
Article 50 This Municipality applies a supervision system on compulsory education.
The authorities for educational supervision of the people's government at the municipal and the district or county level shall, under the leadership of the people's government at the same level, be responsible for organizing the implementation of supervision over compulsory education within their respective administrative areas, and accept the guidance of the authority for educational supervision at the superior level.
Article 51 The authorities for educational supervision shall carry out supervision of relevant departments of the people's government at the same level and the people's governments at the lower levels over their performance of duties for compulsory education, and carry out supervision of schools and other educational institutions providing compulsory education.
Article 52 The authorities for educational supervision shall oversee the implementation of compulsory education in the following circumstances
(1) observation of relevant laws, regulations and rules;
(2) guaranteeing and using funds for compulsory education;
(3) efficiency of administration and utilization of fixed assets;
(4) balanced development of compulsory education;
(5) implementation of qualities-oriented education;
(6) quality of instruction and teaching and management level of schools; and
(7) other contents subject to supervision according to law.
Article 53 The people's governments at the municipal and the district or county level shall strengthen supervision and inspection of their subordinate relevant departments and the people's governments at the lower level over the provision of compulsory education, set up the system for publication, circulation and commendation of compulsory education work with the assessment results of the supervision and direction as the major bases, and take the results of supervision as the important indexes in assessing the work of compulsory education of the people's governments at various levels and the important contents in assessing the political performances of major cadres.
Article 54 The authorities for educational supervision shall send the supervision opinions to the units subject to supervision and the units subject to supervision shall report their rectification as required.
Article 55 The people's governments at the municipal and the district or county level shall listen to the reports on supervision of the work of compulsory education. Relevant reports on supervision shall be publicized to the society.
Chapter VIII Legal Liability
Article 56 Where relevant departments of the Municipal People's Government, the people's governments at the district or county level and their relevant departments, the people's governments at the town or township level, the schools or teachers violate the provisions of the Compulsory Education Law of the People's Republic of China and other relevant laws or regulations, they shall be dealt with in accordance with such provisions.
Article 57 Relevant departments of the Municipal People's Government, the people's governments at the district or county level and their relevant departments in violation of the provisions of Article 16, Article 17 and Article 19 of these Measures shall be ordered by the Municipal People's Government or the people's governments at district or county level to which relevant departments are subordinate to make rectification within a time limit; and if the circumstances are serious, the person directly in charge and the other persons directly responsible shall be given administrative sanctions according to law.
Article 58 Where relevant departments of the Municipal People's Government, the people's governments at the district or county level and their relevant departments, in violation of the provisions of  Chapter VI of these Measures, fails to perform the duty of guaranteeing funds for compulsory education, they shall be ordered by the Municipal People's Government to make rectification within a time limit; and if the circumstances are serious, the person directly in charge and the other persons directly responsible shall be given administrative sanctions according to law.
Article 59 A school, under one of the following circumstances, shall be ordered to make rectification within a time limit by the administrative department for education at the district or county level; if the circumstances are serious, the person directly in charge and the other persons directly responsible shall be given administrative sanctions according to law:
(1) enrolling students in violation of the provisions of these Measures on exemption of the entrance examinations;
(2) failing to publicize the results of student enrollment in accordance with the provisions of these Measures;
(3) publicly-run schools sponsoring privately-run schools in violation of the provisions of laws or regulations;
(4) dividing classes into key and non-key classes in various names;
(5) disobeying the curriculums, arrangement of teaching hours and instruction and teaching plans;
(6) mobilizing or organizing their own students to participate in trainings on cultural subjects offered by privately-run institutions;
(7) organizing students to participate in commercial activities;
(8) publicly-run schools renting their schoolhouses and sites in violation of provisions; or
(9) collecting fees in violation of the State provisions, or seeking profits by selling commodities, services, etc. to students or doing so in a disguised form.
Chapter IX Supplementary Provisions
Article 60 These Measures shall be effective as of March 1, 2009.