China News Service, December 29. According to the website of the Ministry of Education, the Ministry of Education recently formulated and promulgated the "Primary and Elementary Education Disciplinary Rules (Trial)" (Ministry of Education Order No. 49, below) on the basis of extensive research and public consultation in the previous period. Referred to as the "Rules").
The "Rules" pointed out that when it is really necessary, schools and teachers can implement educational punishments when students are in disobedience, disrupting order, anomie, dangerous, or infringing on rights.
The Ministry of Education stated that the "Regulations" responded to socially concerned education hotspots and received great attention from all quarters during the drafting process.
For the first time, the "Rules" provide for educational punishment in the form of departmental rules. The system stipulates the attributes, scope of application, and implementation rules, procedures, measures, and requirements of educational punishments, and aims to bring educational punishments into the track of the rule of law. Promote the school to fully implement the party's educational policy and the fundamental task of cultivating morality.
The "Rules" defines the concept of educational discipline for the first time, stipulating that educational discipline is "schools and teachers, based on educational purposes, manage, educate, or rectify students in violation of rules and disciplines in a prescribed manner, so as to encourage students to take warning, recognize and correct them. "Wrong educational behavior", clarified that educational punishment is not punishment, but a method of education, and emphasizes the educating nature of educational punishment, which is the specific way for schools and teachers to exercise their education, management, and evaluation rights.
The "Rules" emphasize that the implementation of educational punishment should follow the principles of education, legitimacy, and appropriateness, "in accordance with the laws of education, focusing on the effect of educating people; following the principle of the rule of law, being objective and fair; choosing appropriate measures to suit the degree of student fault ".
The "Rules" pointed out that when it is really necessary, schools and teachers can implement educational punishments when students are in disobedience, disrupting order, anomie, dangerous, or infringing on rights.
At the same time, according to the degree of severity, the "Rules" divides educational discipline into three categories: general educational discipline, heavier educational discipline, and severe educational discipline.
General education sanctions apply to students with minor violations of rules and disciplines, including naming criticism, oral or written reviews, adding extra teaching or class public service tasks, standing in the classroom during a classroom teaching time, after-class teaching, etc.; more emphasis on education Disciplinary discipline is applicable to students who have serious violations of rules and disciplines or who refuse to be corrected by on-the-spot education and discipline, including the training of the person in charge of moral education, undertaking public services in the school, receiving special school rules, school discipline and behavior rules education, suspension or restriction of participation in tours, and other Group activities, etc.; serious education punishments are applicable to students who violate regulations and disciplines with serious or severe impact, and must be students in the upper grades of elementary school, junior high school, and high school, including suspension of school and school suspension, counseling by the vice principal of the rule of law or the rule of law counselor, and counseling and correction by specialized personnel.
The "Rules" emphasize that educational punishment and corporal punishment and disguised corporal punishment are acts of different nature. Seven types of inappropriate educational behaviors are clearly prohibited, red lines for teacher behavior are delineated, and punishment methods for teachers who cross the border are stipulated to facilitate supervision by all parties.
At the same time, the "Rules" also emphasize that schools should support and supervise teachers in the proper performance of their duties and safeguard their legitimate rights and interests. If teachers are not at fault, they shall not be punished or otherwise unfavorable for their implementation of educational discipline.
The "Rules" also clarified the relevant relief procedures for education punishment, and encourages parents to give full play to the role of parents in student management to form a joint force in education.
The "Rules" will be implemented on March 1, 2021.
In the next step, the Ministry of Education will actively guide and promote the implementation of the "Regulations" in all localities and schools, and improve the implementation, supervision and relief mechanism of educational punishments in accordance with the "Rules", so that schools and teachers will use, dare to use, and use educational punishments with caution. Parents and society understand, support, and cooperate with schools and teachers in education and management to jointly create a good education ecology.
Educational Disciplinary Rules for Primary and Secondary Schools (Trial)
Order No. 49 of the Ministry of Education of the People's Republic of China
The "Primary and Secondary School Educational Disciplinary Rules (for Trial Implementation)" have been deliberated and approved at the 3rd Ministerial Meeting of the Ministry of Education on September 23, 2020. They are hereby promulgated and shall come into force on March 1, 2021.
Minister of Education Chen Baosheng
December 23, 2020
Educational Disciplinary Rules for Primary and Secondary Schools (Trial)
Article 1 In order to implement the fundamental task of establishing morality, ensure and regulate schools and teachers to perform their education, teaching and management duties in accordance with the law, protect the legitimate rights and interests of students, and promote the healthy growth and all-round development of students, in accordance with the Education Law, Teacher Law, and the Protection of Minors Laws, the Law on the Prevention of Juvenile Delinquency and other laws and regulations, as well as relevant national regulations, formulate these rules.
Article 2 These rules apply to ordinary primary and secondary schools, secondary vocational schools (hereinafter referred to as schools) and their teachers who impose educational punishment on students in the process of education, teaching and management.
The term “educational punishment” as mentioned in these rules refers to the educational behavior that schools and teachers manage, educate, or rectify students who violate rules and disciplines based on educational purposes, so as to encourage students to take warning, recognize and correct mistakes.
Article 3 Schools and teachers shall follow the laws of education, perform their duties in accordance with the law, correct students' wrong words and deeds in a timely manner through the implementation of active discipline and education punishment, and cultivate students' awareness of rules and responsibility.
Educational administrative departments shall support, guide, and supervise schools and their teachers in implementing educational punishments in accordance with laws and regulations.
Article 4 The implementation of educational punishment should conform to the laws of education and pay attention to the effect of education; follow the principle of the rule of law and be objective and fair; choose appropriate measures to suit the degree of student fault.
Article 5 Schools shall, in light of the characteristics of their students, formulate and improve school rules and disciplines in accordance with the law, clarify student behavior standards, and improve the specific circumstances and rules for implementing educational punishments.
When formulating school rules and disciplines, schools should extensively solicit the opinions of faculty, students, and their parents or other guardians (hereinafter referred to as parents); if conditions permit, they can organize hearings attended by representatives of students, parents and related parties.
School rules and disciplines should be submitted to the parent committee and the faculty representative assembly for discussion, and implemented after being reviewed and approved by the principal’s office meeting, and reported to the competent education department for the record.
Teachers can organize students and parents to jointly formulate class rules or class conventions in the form of democratic discussion, and report them to the school for filing.
Article 6 Schools shall use enrollment education, class meetings and other appropriate methods to publicize and explain school rules and disciplines to students and parents.
School rules and disciplines that have not been announced shall not be implemented.
Schools can establish school rules and discipline executive committees and other organizational structures according to the situation, and involve teachers, students, parents, and representatives of relevant social sectors. They are responsible for determining applicable educational disciplinary measures, supervising the implementation of educational disciplines, and carrying out relevant publicity and education.
Article 7 In any of the following situations, the school and its teachers shall stop and educate the students in any of the following situations. If it is really necessary, they may implement educational punishment:
(1) Deliberately failing to complete the teaching task requirements or disobeying education or management;
(2) Disrupting the order of classrooms and school education and teaching;
(3) Smoking, drinking, or abusing words and deeds in violation of the student code;
(4) Carrying out dangerous behaviors harmful to the physical and mental health of oneself or others;
(5) Beating and scolding classmates or teachers, bullying classmates or infringing on the lawful rights and interests of others;
(6) Other violations of school rules and disciplines.
If students commit bad behaviors or serious bad behaviors stipulated in the Law on the Prevention of Juvenile Crimes, schools and teachers shall stop them, implement educational punishments, and strengthen discipline; if they constitute a crime, they shall be transferred to the public security organs for handling.
Article 8 In classroom teaching and daily management, teachers may implement the following educational punishments on the spot for students with minor violations of rules and disciplines:
(1) Criticism by name;
(2) Order to apologize, make oral or written review;
(3) Appropriate addition of additional teaching or class public service tasks;
(4) Standing in the classroom during one classroom teaching time;
(5) Teaching after class;
(6) School rules, school rules, class rules, and other appropriate measures specified in class conventions.
After the teacher implements the measures mentioned in the preceding paragraph, the teacher may inform the parents of the student in an appropriate manner.
Article 9 If a student violates school rules and disciplines, the circumstances are serious, or the school refuses to make corrections after on-the-spot education disciplinary action, the school may implement the following educational disciplinary actions and shall promptly notify the parents:
(1) To be instructed by the person in charge of school moral education;
(2) To undertake the task of public welfare service within the school;
(3) Arrange to receive special education on school rules, school discipline and behavior rules;
(4) Suspend or restrict students from participating in tours, off-campus collective activities and other out-of-school collective activities;
(5) Other appropriate measures prescribed by the school rules and disciplines.
Article 10 If the violations of regulations and disciplines are serious or the impact is bad for students in the upper grades of elementary school, junior high school and senior high school, the school may implement the following educational punishments and shall notify the parents in advance:
(1) Suspension of classes or school for no more than one week, and parents are required to educate and discipline at home;
(2) Admonishment by the deputy principal of the rule of law or the rule of law counselor;
(3) Arrange special courses or educational venues, and social workers or other professionals provide psychological counseling and behavioral intervention.
For students whose violations of rules and disciplines are serious, or who fail to make corrections after repeated education and discipline, the school may give disciplinary sanctions such as warning, serious warning, demerit, or detention.
High school students can also be given disciplinary sanctions for expulsion.
For students with serious bad behaviors, the school may follow legal procedures to cooperate with parents and relevant departments to transfer them to specialized schools for education and correction.
Article 11 If a student disrupts the classroom or the order of education and teaching, affects others, or may cause harm to themselves and others, the teacher may take necessary measures to take the student away from the classroom or teaching site, and conduct education management.
If teachers or schools find that students are carrying or using illegal items or their behavior is dangerous, they shall take necessary measures to stop them; if they find that students are hiding illegal or dangerous items, they shall order students to surrender them and may have the right to store desks and storages that may hide items. Check the cabinets.
Teachers and schools can temporarily detain students’ illegal items and keep them properly, and return them to their parents at an appropriate time; if they are illegal or dangerous items, they should promptly report to the public security organs, emergency management departments and other relevant departments for handling in accordance with the law.
Article 12 In the process of education and teaching management and implementation of education punishment, teachers shall not perform the following behaviors:
(1) Physical punishment that directly causes physical pain by hitting, puncturing, etc.;
(2) Disguised corporal punishment that indirectly harms the body or the mind, such as penalties for standing exceeding the normal limit, repeated copying, forcing uncomfortable movements or postures, and deliberate isolation;
(3) Insulting students' personal dignity or using discriminatory or insulting words and deeds;
(4) Punishing all students for violations of regulations and disciplines by individuals or a few;
(5) To educate and discipline students for their academic performance;
(6) Implementing or selectively implementing educational punishment due to personal emotions, likes and dislikes;
(7) Assign students to impose educational punishment on other students;
(8) Other violations of students' rights.
Article 13: Teachers should pay attention to communication and assistance with students after implementing educational punishments on students, and promptly praise and encourage students who have corrected their mistakes.
Schools can establish a student education protection and guidance work mechanism based on actual conditions and needs. The guidance is composed of the school’s responsible person, moral education work agency, teacher, vice principal (counselor), law, psychology, and social work. Groups provide special psychological counseling and behavior correction for students in need.
Article 14 If a school intends to impose educational punishments and disciplinary sanctions listed in Article 10 of these rules, it shall listen to the students’ statements and defenses.
If a student or parent applies for a hearing, the school shall organize a hearing.
After receiving an educational or disciplinary sanction, a student who can sincerely admit his mistakes and actively make corrections may be released in advance of the educational or disciplinary sanction.
Article 15 Schools shall support and supervise teachers in the proper performance of their duties.
If a teacher has a dispute with a student and his parents due to the implementation of educational punishment, the school shall handle it in a timely manner. If the teacher is not at fault, it shall not be punished or otherwise unfavorable for the teacher's implementation of the educational punishment.
Teachers who violate Article 12 of these rules and the circumstances are minor, the school shall be criticized and educated; if the circumstances are serious, they shall suspend their duties or be punished in accordance with laws and regulations; if they cause physical and psychological harm to the students and constitute a crime, the public security organs shall deal with it in accordance with the law .
Article 16 Schools and teachers shall attach importance to home-school cooperation, and actively communicate with parents, so that parents can understand, support and cooperate in the implementation of educational punishments and form a joint force.
Parents should perform their education responsibilities for their children, respect the education rights of teachers, and cooperate with teachers and schools to discipline students who violate regulations and disciplines.
Parents who disagree with the education discipline imposed by teachers or believe that the teacher’s behavior violates Article 12 of these rules may complain or report to the school or the competent education administrative department.
Schools and educational administrative departments shall promptly investigate and deal with them in accordance with the relevant requirements for the construction and management of teacher ethics and style.
Where parents threaten, insult, or harm teachers, schools and education administrative departments shall protect teachers’ personal safety and safeguard teachers’ legitimate rights and interests in accordance with the law; if the situation is serious, they shall promptly report to the public security organs and cooperate with public security organs and judicial organs to pursue accountability.
Article 17 Students and their parents who are dissatisfied with the educational discipline or disciplinary sanctions imposed by the school in accordance with Article 10 of these rules may appeal to the school within 15 working days after the educational or disciplinary sanction is issued.
The school shall establish a student appeal committee composed of representatives of the school’s relevant principals, teachers, students, parents, deputy principals of the rule of law and other relevant parties outside the school to accept appeal applications and organize review.
The school shall clarify the composition, acceptance scope and handling procedures of the Student Appeal Committee and announce it to students and parents.
The Student Appeal Committee shall conduct a comprehensive review of the facts, reasons, etc. of the student's appeal, and make a decision to maintain, change or revoke the original educational punishment or disciplinary action.
Article 18: Students or their parents who disagree with the decision to deal with student appeals may apply to the school's competent education department for review; those who disagree with the review decision may initiate administrative reconsideration or administrative litigation in accordance with the law.
Article 19 Schools should strengthen the training of teachers in a targeted manner, promote teachers to update educational concepts, improve educational methods and methods, and improve teachers' awareness and ability to perform their duties correctly.
At the end of each semester, the school shall report to the competent education administrative department for the record the information on the education and disciplinary sanctions listed in Article 10 of these rules.
Article 20 These rules shall come into effect on March 1, 2021.
Each locality can formulate local implementation rules or guide schools to formulate implementation rules based on local conditions.