Measures of Shaanxi Province for Implementing the Law of China on Compulsory Education

· Area of Law： Education

· Level of Authority： Provincial Local Regulations

· Date issued：10-09-2008

· Effective Date：10-09-2008

· Status： Effective

· Issuing Authority： Shaanxi Province

Measures of Shaanxi Province for Implementing the Law of China on Compulsory Education
(Adopted at the 25th Session of the Standing Committee of the 6th People's Congress of Shaanxi Province on July 25th, 1987, amended at the 12th Session of the Standing Committee of the 10th People's Congress of Shaanxi Province on August 3rd, 2004 and revised at the 4th Session of the Standing Committee of the 11th People's Congress of Shaanxi Province on October 9th, 2008.)
Contents
Chapter I General Provisions 
Chapter II Pupils 
Chapter III Schools 
Chapter IV Teachers 
Chapter V Educational Teaching 
Chapter VI Funds Guarantee 
Chapter VII Legal Liabilities 
Chapter VIII Supplementary Provisions 
Chapter I General Provisions
Article 1 These Measures are formulated for the purpose of implementing the Law of the People's Republic of China on Compulsory Education in combination with the actual situations of Shaanxi Province.
Article 2 These Measures shall apply to the compulsory education and its correlated activities within the administrative region of Shaanxi Province.
Article 3 The State's nine-year compulsory education system shall be implemented in Shaanxi Province and all right-age children and juveniles must receive compulsory education.
Compulsory education is the commonweal cause that must be guaranteed by the people's governments at all levels and shall be given priority to State-run schools.
Compulsory education shall be implemented free of tuition fee and incidental expenses and be exempted from textbook costs step by step.
Article 4 Compulsory education must follow the State's educational policies, implement education for all-round development, improve educational quality and level, provide right-age children and juveniles with the all-round development in terms of moral, intellectual, physical and aesthetic aspects and lay solid foundations for bring up the socialist builders and successors.
Article 5 Compulsory education in Shaanxi Province shall be carried out under the system that the people's government of Shaanxi Province plans as a whole and brings it into operation, the people's governments at the levels of cities with districts organize and coordinate and the people's governments at county levels act as principal administrators.
The people's governments at or above county levels should bring compulsory educations into the planning of national economic and social development, make reasonable allocation of educational resources, promote the balanced development of compulsory educations between urban and rural areas, between different regions and between schools, guarantee all the right-age children and juveniles to enjoy equally their rights for compulsory educations and fulfill their responsibilities for compulsory educations according to law.
The people's governments at village (town) levels and the sub-district offices shall do well their work relative to compulsory educations in accordance with the provisions of the State.
Article 6 The educational administration departments of the people's governments at or above county levels shall be specifically responsible for the work of the implementation of compulsory educations.
The relevant departments such as the development and reform, the finance, the personnel, the labor and social security, the public security, the culture, the health, the construction, the land and resources, the civil administration, the industry and commerce, the taxation and so on of the people's governments at or above county levels shall be responsible for the work of the implementation of compulsory educations within their respective areas of responsibilities.
Article 7 The educational superintending and directing organs of the people's governments at or above county levels shall carry out the supervision and guidance on such situations as for the implementation of the laws, rules and regulations for compulsory educations, the educational teaching qualities, the balanced development for compulsory educations and so on performed by the relevant departments of the people's governments at the same level, the people's governments at lower levels and their relative departments and the schools.
The educational superintending and directing organs of the people's governments at or above county levels should establish and perfect the evaluating and monitoring systems for the supervision and guidance on compulsory educations, work out the working planning for the supervision and guidance for the compulsory educations in their respective administrative regions and organize to implement these working planning. The results of that supervision and guidance shall be reported to the people's government at the same level, which can be used as the main basis for the assessment of the performance of compulsory education jobs and be made publicized to the society.
Article 8 The people's governments at or above county levels and their relevant departments shall give honors and rewards to the schools, educators and other social organizations or individuals who have made outstanding contributions to the wok of compulsory education.
Chapter II Pupils
Article 9 All children who are fully six years old should be sent and enrolled in schools by their parents or other legal guardians to receive and to complete compulsory education in schools. Where for the children living in the area that cannot meet these conditions, the age of children's enrollment can be postponed to the full age of seven.
Enrollment without a test shall apply to all right-age children and juveniles. No school shall organize entrance examination or organize that examination in a disguised form, nor shall a school take the test results of various contests and grade examinations such as the foreign language or Olympic mathematics and so on as its admission requirements.
Article 10 When right-age children and juveniles need the deferment or suspension of schooling due to their physical conditions, their parents or other legal guardians should submit the application attached with the relative proves. Any deferment of schooling shall be approved either by the people's governments at village (town) levels where the residential registration is located or by the urban sub-district offices; any suspension of schooling shall be approved by the educational administration department of the county (city and district) where the school is located.
Article 11 The people's governments at the levels of counties (cities and districts) should ensure that right-age children and juveniles enter schools in proximity to the place where their residential registrations are located. The educational administration department of the county (cities and districts) shall compartmentalize reasonably school districts in accordance with the population and distribution conditions of right-age children and juveniles, determine and adjust the scope and number of the enrollments in proximity for the State-run schools within their administrative regions and publicize to the society.
Article 12 For right-age children and juveniles, their parents or other legal guardians shall hold the proof of residential registrations of their own and of the school-age and juveniles and go to the corresponding school in the school districts publicized by the educational administration department of the county (cities and districts) to handle their enrollment procedures.
Article 13 For the right-age children and juveniles living with their parents or other legal guardians in the place where their residential registrations are not located, their parents or other legal guardians shall hold such proofs as their own and their children's or juveniles' household registrations, residences, employment, dropout or transfer and so on thirty days prior to the beginning of a new semester and go to the school in the school district where their residences are located to handle their enrollment procedures.
Where the right-age children and juveniles cannot be admitted due to the overstepping of the scale in the school, the school should report in time to the educational administration department of the county (city and district) and the educational administration department of the county (city and district) shall make an overall arrangement for a school in proximity for school admissions.
Article 14 Schools shall implement pupils' records management system, not turn down the admissions of right-age children and juveniles within their school district, nor shall they order their pupils to repeat a grade, suspend from or drop out of school or expel pupils.
When schools and the residents' committees or villagers' committees have found those un-enrolled right-age children and juveniles and those drop-out pupils, they should report in time to the people's governments of villages (towns) and urban sub-district offices. The people's governments of villages (towns) and urban sub-district offices should take measures together with the educational administration department of the county (city and district), to do well their jobs for the right-age children, juveniles and drop-out pupils to resume their interrupted studies.
Article 15 Employer units shall be forbidden to recruit and hire right-age children and juveniles who should receive their compulsory educations.
Where for such units as the culture and art, the athletic sports and so on to recruit children and juveniles as students under the ratification from the educational administration department of Shaanxi Province or the cities with districts, they should ensure that their students complete all the courses for the period of compulsory educations.
Chapter III Schools
Article 16 The people's governments at or above county levels should organize the related departments such as the education, the construction, the land and resources, the development and reform and so on to constitute, to adjust the planning on school setting up and shall organize that implementation in accordance with the general planning of the urban and rural areas and the general planning of land utilization as well as such elements as the number and distribution conditions of right-age children and juveniles who dwell in their respective administrative regions, the geographical surroundings, transportation conditions and so on.
Where the people's governments at or above county levels are to carry out the planning and constructions for urban development zones, residents dwelling areas and large protected areas of ancient relics, which involves the removing, consolidation, reconstruction and new construction of schools, they should bring the setting up and construction of schools into their relevant programming for synchronous construction and putting synchronously into service and do well their jobs for the distribution and replacement of teachers and pupils from the removed schools.
Article 17 The people's governments at or above county levels should promote the balanced development for the schools of compulsory education, unify the school running conditions for schools, shorten the gap of school running between schools and shall not divide schools into key and non-key schools. The criteria for the conditions of school running shall be implemented by the relevant provisions of the State and Shaanxi Province.
The people's governments at or above county levels should, as required, build the auxiliary facilities such as pupils' dormitories and dining halls in compulsory education schools as well as transitional houses for teachers in rural compulsory education schools.
The people's governments at or above county levels should promote the construction of modern remote educational network facilities in rural middle and primary schools and improve education teaching quality in rural middle and primary schools by making use of modern information technology to share education for all-round development resources.
The reduction and exemption of fees and charges should be carried out for the construction projects in compulsory education schools according to the provisions of the State.
Article 18 Constructions of school buildings, teaching facilities and other establishments and equipments as well as the configuration of compulsory education schools should accord with the standard provided by the State; the seismic fortification criteria of buildings should be higher than seismic fortification requirements for local ordinary buildings in order to ensure the safety of pupils and teaching staff.
The administrative superintending departments such as the construction, the firefighting and so on should strengthen the supervision and administration on the design, supervision, construction and engineering quality of construction projects of schools.
Article 19 The people's governments at the levels of cities and counties should bring the special education into the development planning for compulsory educations, make reasonable arrangements for special education schools (classes) and provide compulsory education for right-age children and juveniles with visual disabilities, hearing and speech disabilities and intellectual disabilities. Special schools (classes) shall be equipped with premises and facilities suitable for learning, rehabilitation and living of disabled children and juveniles as well as with teachers and workers eligible for special education.
Common schools should take over the disabled children and juveniles who can receive regular education for learning in regular classes and provide them with assistance for their learning and recovery.
Article 20 Compulsory education schools run by the State-owned public institutional units and the privately owned schools taken compulsory educations should accept the administration and operational guidance according to law from the education administration department at or above county levels.
The people's government of Shaanxi Province should promote the management system reform in compulsory education schools run by the State-owned public institutional units such as colleges and universities and so on and implement the localized administration step by step.
Article 21 The people's governments at or above county levels and their education administration departments shall not, in any names, change or change in disguised form the nature of the State-run schools, nor should they make use of the financial fund to run private schools.
Article 22 Without permission, schools should not transfer, lease or alter the purposes of the school buildings, the fields and the educational teaching facilities.
No units or individuals shall encroach and destroy the school buildings, fields and the educational teaching facilities, nor interfere with the teaching order or damage the teaching environment.
Article 23 Schools should establish and perfect the safety management system, constitute the pre-plans to meet emergency for outburst events, strengthen the pupils' safety education, organize the regular rehearsals to eliminate in time hidden danger and prevent against accidents. The administrative superintending departments such as the public security, the health, the transportation and so on shall enhance the administrative work for the guidance and supervision in accordance with law.
Schools should buy the school's liability insurance for pupils' accidental injury according to the provisions of the State and the fees needed shall be arranged to be paid from the public expenditure of the school.
Pupils shall be encouraged to take voluntary part in personal accident insurance.
Article 24 The people's governments at various levels and their relevant departments shall maintain the peripheral order of schools in accordance with law and protect the lawful rights and interests of pupils, teachers and schools.
Public security organs shall be responsible for security environment and transportation safety around schools; the administrative superintending departments such as the health, industrial and commercial administration, quality supervision and environmental protection and so on shall be responsible for the work of the guidance and supervision on health epidemic prevention, food safety and environmental pollution control in periphery of schools.
New enterprises leading to serious environmental pollution, premises and facilities for production, operation, storage and use of dangerous goods such as combustible, explosive, highly toxic, radioactive and caustic materials and other premises and facilities that may affect school safety shall be prohibited in periphery of schools. Where for the constructions have completed, the people's governments at or above county levels shall organize the migration of schools or the migration, demolition, close-up of the built enterprises and facilities.
Business entertainment sites such as internet bars, singing and dancing halls and so on shall be prohibited form setting up within the range of 200 meters around schools.
Article 25 Schools shall not violate the provisions of the State and Shaanxi Province to charge fees from their pupils, nor shall they sell or sell in disguised form goods and services to their pupils.
Article 26 Schools shall carry out the system of school principals' responsibility. School principals should accord with the professional conditions and qualifications as provided by the State, the educational administration department of county (city or district) shall appoint the principal to his or her position according to law.
Chapter IV Teachers
Article 27 The Organs' working-out departments at or above county levels should, meeting with educational administration departments, check and ratify the teachers' working-out and carry out the adjustment in due time in accordance with the situations such as the development planning of educational causes, change in pupils sources, schools' layout adjustment and so on. Schools with boarding system and schools (classes) for special educations should be equipped with full-time teachers for the living.
No unit shall impropriate the worked-out quotas of teachers.
The recruitment and employment of teachers shall be carried out by means of open invitation for application of jobs. The educational administration departments at or above county levels shall implement specifically that recruitment and employment of teachers, while the personnel administrative departments shall make the guidance and approval.
The educational administration departments at or above county levels shall be responsible for the appraisal and recruitment, the intercourse, the examination and management of teachers.
Article 28 The educational administration department of the county (city and district) shall perform balanced configuration of teachers' resources, make unified allocation of teachers in the schools under its authority; with regard to such aspect as the teachers' staffing, training and so on, priorities shall be given to the remote schools in rural areas and the weak schools in cities and towns.
The educational administration departments at or above county levels should establish the intercourse system of principals and teachers and adopt various modes to help improve the educational teaching and administrative levels in the remote schools in rural areas and the weak schools in cities and towns.
Article 29 Schools shall carry out the annual examining and checking system for their teachers. Schools should use the annual examining and checking results as the basis for teacher's appointment, promotion of job titles and making rewards and punishments.
Where for the teachers incompetent for their educational teaching jobs, the educational administration department of the county (city and district) shall organize training for them; those who remain incompetent even after training shall be moved away from their teaching position or be dismissed.
Article 30 The people's governments at or above county levels should ensure that teachers' average wages are not lower than the average wages of local civil servants and guarantee that teachers' wages, allowances and subsidies granted for policy considerations shall be paid in full amount and in due time. Teachers in the rural remote schools and the special education schools and teachers in charge of classes shall enjoy the preferential treatment of subsidies; the specific measure(s) shall be worked out by the people's government of Shaanxi Province.
The people's governments of counties (cities and districts) and relevant departments as well as schools shall provide teachers with such social insurances as the pension, medical care and housing and so on in accordance with the related provisions of the State and Shaanxi Province, improve the teachers' working and living conditions and protect the teachers' legal rights and interests.
Article 31 The educational administration departments at or above county levels should consolidate and make full use of the continuing education resources for teachers, work out continuing education planning and training plans for teachers and organize regular training for teachers to improve teacher's professional qualities.
Schools should formulate the continuing education training plans for teachers, ensure time needed by teachers in training and reimburse training fees; the wages and welfares of teachers released from work for study shall remain unchanged.
Article 32 The directional free training system shall be carried out step by step for the students with the specialty of teacher-training in Shaanxi Province; special graduates trained as teachers under this directional free training shall assume their teaching jobs in schools in accordance with the agreements on directional free training. The specific measures for the directional free training of students with the specialty of teacher-training shall be constituted by the people's government of Shaanxi Province.
Article 33 Teachers should observe the codes of professional ethics for teachers, fulfill their duties of educational teaching, care and cherish their pupils, respect pupils' personality, do not discriminate against pupils, do not inflict physical punishment or do so in disguised forms or other insults on pupils' dignity and personality, nor infringe on pupils' legal rights and interests.
No teachers shall be allowed to organize or take part in home teaching activities for pupils in their school, nor shall they take part time jobs or give part time teaching classes in the school institutions run by the society.
Chapter V Educational Teaching
Article 34 The educational administration departments at or above county levels should promote the reforms of school curriculum and of school examination and evaluation systems and set up the scientific appraisal systems of educational quality and of pupils' comprehensive qualities.
Article 35 Schools and teachers should carry out their educational teaching activities in accordance with the educational teaching contents and the curriculum set-up decided by the State, ensure the conformity to the basic requirements for educational teaching quality provided by the State and build up the pupils' abilities to think independently, to innovate creatively and to practice efficiently.
Article 36 Schools should take the educations of their pupils' daily behavioral norms as the base and shall combine their school education with the family education and the social education, to carry out the educations on social morality, traditional virtues and the educations on legal system publicity, to foster the pupils to develop the good ideological morality and behavioral habits so as to build up healthy personalities.
Schools should develop their psychological health educations in accordance with pupils' characteristics during the compulsory education and provide the psychological counseling services for their pupils.
Article 37 Schools shall strengthen the teaching work of physical education, ensure the pupils' class hours for physical education and the after-school time for physical activities, organize to carry out the extracurricular physical body-building sports and enable their pupils to come up to the physique health standards for pupils at the stage of compulsory education. Sports facilities in schools shall be open to pupils free of charge during holidays and festivals.
Schools should provide their pupils with such teaching activities as the music, dancing, painting and so on, foster their pupils' esthetic sentiments and improve their pupils' abilities of art practice and appreciation.
Article 38 Schools and teachers should make reasonable teaching arrangements in accordance with the curriculum plans provided by the State, alleviate the burdens of schoolwork on pupils and shall not operate the fee-charging remediation classes or tutorship classes.
Article 39 Schools should make balanced class organization and teachers allocation in accordance with the ratio of teachers to pupils provided by the national regulations. Schools shall not set up separately the key and non-key classes, nor increase the student numbers in the violation of the stipulated class quantum, nor select and recruit pupils from across their school districts, nor make use of the names, educational teaching facilities and the teachers' resources of the State-run schools to run united schools with the privately-run schools and the social organizations, nor occupy the teaching hours to organize their pupils in the activities irrelevant to educational teaching activities.
Article 40 Textbooks shall not be published or selected for use without the examination and approval. The education administration departments at or above county levels should strengthen the supervision and administration on the selection and use of textbooks.
Schools should do well their management jobs for the issuance, reclamation, sterilization and renewal for the recycled use of textbooks in accordance with the stipulations of the State and Shaanxi Province.
Any unit and individual shall not compel in any way the schools, the teachers or the pupils to subscribe for auxiliary teaching materials, newspapers and magazines.
Chapter VI Funds Guarantee
Article 41 The people's government of Shaanxi Province shall make overall planning on the fulfillment of the safeguard responsibilities of the funds for compulsory education in whole Shaanxi Province and determine the items and proportions of the funds for compulsory education shared among the people's governments at various levels in accordance with their respective fiscal revenue situations.
The people's governments at or above county levels shall ensure that the growth ratio of financial appropriation used for implementing compulsory education should be higher than that of regular revenues, guarantee the gradual increasing in proportion to compulsory education expenses averaged by pupils' numbers at school, and ensure the gradual growth in teachers' and workers' wages and in the equal public expenses per student.
Funds devotion by the people's government at a higher level in compulsory education shall not be reckoned into the increased proportion devotion in compulsory education by the people's government at the same level.
Article 42 The people's governments at or above county levels should list separately the compulsory education funds in their fiscal budget of the same level, carry out the administration of special account, appropriate the compulsory education funds in time and in full amount in accordance with such standards as the staffing criteria of teachers and workers, the standards of wage and school construction, the standards of average public school funding per student and so on, ensure the normal operation of schools and the safety of school buildings and ensure the prompt and full payment of teachers' and workers' wages.
Article 43 The people's governments at or above county levels should undertake and appropriate full amount of warranty funds for the compulsory education expenses in accordance with the relevant provisions of the State and Shaanxi Province. Warranty funds for the compulsory education expenses shall be mainly used for exemption from tuition fees and miscellaneous expenses, free provision of textbooks, living subsidies for boarders whose families are afflicted with economic difficulty, maintenance and alteration of school buildings and subsidy for public school funding.
The people's governments at the levels of cities with districts and counties (cities and districts) shall ensure that the transfer payments of compulsory education funds from the people's government at a higher level are used for the compulsory education as specified.
Educational surtax shall be levied in full amount according to the provisions of the State and be mainly used to improve the school-running conditions for compulsory education.
Article 44 The people's governments at or above county levels shall set up the special fund of compulsory education according to the requirement, support mainly the constructions for the remote schools in the countryside, the weak schools and the special educational schools in cities and use mainly for the constructions of boarding schools such as their school building maintenance, teachers' training, long-distance education, teaching facilities equipment and so on.
Article 45 Social organizations and individuals shall be encouraged to make donations for the compulsory education, the setting-up of funds for the compulsory education according to the relevant provisions of the State on the administration of fund associations be encouraged so as to help improve the school-running conditions in remote schools in the countryside and the weak schools in cities.
Article 46 Any organization or individual shall not usurp, intercept or misappropriate the compulsory education funds and the special funds appropriated by the people's governments at various levels.
The administrative superintending departments of the people's governments at or above county levels such as the education, the finance, the audit, the supervision and so on shall carry out the supervision and administration on the situations for the appropriation and use of compulsory education funds.
Chapter VII Legal Liabilities
Article 47 Where a school has violated Clause 2 of Article 9, Clause 1 of Article 14, Clause 1 of Article 22, Article 25, Article 38 and Article 39 of the provisions of these Measures, the educational administration departments at county (city and district) levels shall order to make corrections within a time limit; if the circumstances are serious, the superintending personnel directly responsible and other personnel directly responsible shall be given punishment in accordance with law; if there is illegal income, that income shall be confiscated.
Article 48 Where a teacher has violated Clause 2 of Article 33 of the provisions of these Measures, the educational administration departments at county (city and district) levels shall order to make corrections, confiscate the illegal income, if any; the school where the teacher works shall give him or her punishment; if the circumstances are serious, he or she shall be dismissed.
Article 49 Where for other actions in the violation of the provisions of these Measures, and the Law of the People's Republic of China on Compulsory Education as well as other laws, rules and regulations has other provisions, these provisions shall prevail.
Chapter VIII Supplementary Provisions
Article 50 Compulsory educations in private schools shall be implemented in accordance with the provisions of the laws, rules and regulations governing private educations; if there are no provisions of the laws, rules and regulations governing private educations, the Law on Compulsory Educations and these Measures shall apply.
Article 51 These Measures shall be in force as of the date of their promulgation.