First of all, the school does not have the qualification of administrative litigation subject. Although China's education law authorizes schools to "manage students' status and implement rewards and punishments", it does not mean that schools have the qualification of administrative litigation subject. According to the relevant provisions of the Education Law, students who are dissatisfied with the management of primary and secondary schools can only appeal to the relevant departments, or file a civil lawsuit against the right to education, but not an administrative lawsuit. The administrative subject must enjoy the administrative power of the state, be able to exercise administrative power in its own name, and bear the corresponding legal responsibilities arising therefrom.

Legal basis: Article 13 of the Administrative Procedure Law of the People's Republic of China refuses to accept the specific administrative act of local people's governments at all levels and applies for administrative reconsideration to the local people's government at the next higher level.

If a local people's government at the county level refuses to accept a specific administrative act and belongs to an agency established by the people's government of a province or autonomous region according to law, it shall apply for administrative reconsideration to the agency.

Article 14 of the Administrative Procedure Law of the People's Republic of China refuses to accept the specific administrative act of the the State Council department or the people's government of a province, autonomous region or municipality directly under the Central Government, and applies for administrative reconsideration to the the State Council department or the people's government of a province, autonomous region or municipality directly under the Central Government that has made the specific administrative act. If he refuses to accept the decision of administrative reconsideration, he may bring an administrative lawsuit to the people's court; You can also apply to the State Council for an award, and the State Council will make a final award in accordance with the provisions of this Law.

Article 15 of the Administrative Procedure Law of the People's Republic of China refuses to accept the specific administrative acts of other administrative organs or organizations other than those stipulated in Articles 12, 13 and 14 of this Law, and applies for administrative reconsideration in accordance with the following provisions:

(1) To apply for administrative reconsideration to the people's government that established the local people's government at or above the county level if it refuses to accept the specific administrative act of the dispatched office established according to law;

(2) To apply for administrative reconsideration to the department that established the agency according to law or the local people's government at the same level if it refuses to accept the specific administrative act made in its own name in accordance with the provisions of laws, regulations or rules;

(3) To apply for administrative reconsideration to the local people's government, the working department of the local people's government or the directly competent department of the State Council of the organization if it refuses to accept the specific administrative act of the organization authorized by laws and regulations;

(four) if two or more administrative organs are dissatisfied with a specific administrative act made in a common name, they shall apply to the administrative organ at the next higher level for administrative reconsideration;

(5) To apply for administrative reconsideration to the administrative organ at the next higher level of the administrative organ that continues to exercise its functions and powers if it refuses to accept the specific administrative act made by the revoked administrative organ before revocation.

Under any of the circumstances listed in the preceding paragraph, the applicant may also apply for administrative reconsideration to the local people's government at the county level where the specific administrative act occurred, and the local people's government at the county level that accepts the application shall handle it in accordance with the provisions of Article 18 of this Law.