Chapter I General Provisions

Article 1 In order to guarantee the right of school-age children and adolescents to receive compulsory education, ensure the implementation of compulsory education and improve the quality of the whole nation, this Law is formulated in accordance with the Constitution and the Education Law.

Article 2 The State implements a nine-year compulsory education system.

Compulsory education is compulsory education for all school-age children and adolescents, and it is a public welfare undertaking that the state must guarantee.

Compulsory education is implemented and tuition and fees are not charged.

The state establishes a mechanism to guarantee the funds for compulsory education to ensure the implementation of the compulsory education system.

Article 3 Compulsory education must implement the national education policy, implement quality education, improve the quality of education, enable school-age children and adolescents to develop in an all-round way in morality, intelligence and physique, and lay a foundation for cultivating socialist builders and successors with ideals, morality, culture and discipline.

Article 4 All school-age children and adolescents with People's Republic of China (PRC) nationality, regardless of gender, nationality, race, family property status, religious beliefs, etc. , enjoy the equal right to receive compulsory education according to law, and fulfill the obligation to receive compulsory education.

Article 5 People's governments at all levels and their relevant departments shall perform their duties as stipulated in this Law and guarantee the right of school-age children and adolescents to receive compulsory education.

Parents or other legal guardians of school-age children and adolescents shall ensure that they enter school on time to receive and complete compulsory education.

Schools that implement compulsory education according to law should complete the education and teaching tasks in accordance with the prescribed standards and ensure the quality of education and teaching.

Social organizations and individuals should create a good environment for school-age children and adolescents to receive compulsory education.

Article 6 the State Council and local people's governments at or above the county level shall rationally allocate educational resources, promote the balanced development of compulsory education, improve the conditions for running weak schools, take measures to ensure the implementation of compulsory education in rural areas and ethnic minority areas, and ensure that school-age disabled children and adolescents with financial difficulties receive compulsory education.

The state organizes and encourages economically developed areas to support economically underdeveloped areas in implementing compulsory education.

Article 7 Under the leadership of the State Council, compulsory education is planned and implemented by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and managed by the people's governments at the county level.

The education administrative department of the people's government at or above the county level shall be specifically responsible for the implementation of compulsory education; Other relevant departments of the people's governments at or above the county level shall be responsible for the implementation of compulsory education within the scope of their respective duties.

Eighth people's government education supervision institutions shall supervise the implementation of laws and regulations, the quality of education and teaching and the balanced development of compulsory education, and the supervision report shall be announced to the public.

Article 9 Any social organization or individual has the right to report or accuse any violation of this Law to the relevant state organs.

If a major event in violation of this law occurs, which hinders the implementation of compulsory education and causes great social impact, the people's government or the person in charge of the education administrative department of the people's government who bears the leadership responsibility shall take the blame and resign.

Tenth people's governments at all levels and their relevant departments shall, in accordance with the relevant provisions, commend and reward social organizations and individuals who have made outstanding contributions in the implementation of compulsory education.

Chapter II Students

Eleventh all children over the age of six, their parents or other legal guardians shall send them to school to receive and complete compulsory education; Children in areas where conditions are not met can be postponed until they are seven years old.

School-age children and adolescents who need to postpone or drop out of school due to their physical condition shall apply by their parents or other legal guardians and be approved by the education administrative department of the local township people's government or the county-level people's government.

Twelfth school-age children and adolescents are exempt from the examination. Local people's governments at all levels shall ensure that school-age children and adolescents are enrolled in the nearest place where they are registered.

The local people's government shall provide equal conditions for school-age children and adolescents whose parents or other legal guardians work or live outside their domicile to receive compulsory education. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

The education administrative department of the people's government at the county level shall ensure that the children of military personnel within their respective administrative areas receive compulsory education.

Article 13 The education administrative department of the people's government at the county level and the people's government at the township level shall organize and urge school-age children and adolescents to enter school, help them solve their difficulties in receiving compulsory education, and take measures to prevent them from dropping out of school.

Residents' committees and villagers' committees assist the government to do a good job and urge school-age children and adolescents to enter school.

Article 14 Employers are prohibited from recruiting school-age children and adolescents who should receive compulsory education.

According to the relevant provisions of the state, social organizations that have been approved to recruit school-age children and adolescents for professional training in literature, art and sports shall ensure that the enrolled school-age children and adolescents receive compulsory education; The implementation of compulsory education shall be approved by the education administrative department of the people's government at the county level.

Chapter III Schools

Fifteenth local people's governments at or above the county level shall, according to the number and distribution of school-age children and adolescents within their respective administrative areas, and in accordance with the relevant provisions of the state, formulate and adjust the school setting plan. New residential areas need to set up schools, which should be carried out simultaneously with the construction of residential areas.

Article 16 The construction of schools shall conform to the standards for running schools stipulated by the state and meet the needs of education and teaching; It shall conform to the site selection requirements and construction standards stipulated by the state to ensure the safety of students and faculty.

Seventeenth people's governments at the county level shall, according to the needs, set up boarding schools to ensure that school-age children and adolescents living in scattered places receive compulsory education.

Eighteenth the State Council education administrative departments and the people's governments of provinces, autonomous regions and municipalities directly under the central government shall, according to the needs, set up schools (classes) in economically developed areas to accept school-age children and adolescents of ethnic minorities.

Nineteenth local people's governments at or above the county level shall, according to the needs, set up corresponding schools (classes) to implement special education, and implement compulsory education for school-age children and adolescents with visual disability, hearing and language disability and intellectual disability. Special education schools (classes) should have places and facilities suitable for disabled children and adolescents to study, recover and live.

Ordinary schools should accept disabled school-age children and adolescents who have the ability to receive general education to study in regular classes and provide help for their study and rehabilitation.

Article 20 The local people's governments at or above the county level shall set up special schools according to the needs, and carry out compulsory education for school-age teenagers who have serious bad behaviors as stipulated in the Law on the Prevention of Juvenile Delinquency.

Twenty-first for the implementation of compulsory education for minors who have not completed compulsory education and minors who have taken compulsory education measures, the funds required shall be guaranteed by the people's government.

Twenty-second people's governments at or above the county level and their education administrative departments shall promote the balanced development of schools, narrow the gap between school conditions, and shall not divide schools into key schools and non-key schools. Schools shall not divide key classes and non-key classes.

The people's governments at or above the county level and their education administrative departments shall not change the nature of public schools in any name or in disguised form.

Twenty-third people's governments at all levels and their relevant departments shall maintain the order around the school according to law, protect the legitimate rights and interests of students, teachers and schools, and provide security for schools.

Twenty-fourth schools should establish and improve the safety system and emergency mechanism, carry out safety education for students, strengthen management, eliminate hidden dangers in time and prevent accidents.

Local people's governments at or above the county level regularly inspect the safety of school buildings; If it needs to be repaired or modified, it should be repaired or modified in time.

Schools shall not employ persons who are deprived of political rights according to law because of intentional crimes or who are otherwise unsuitable for compulsory education as teaching staff.

Twenty-fifth schools shall not charge fees in violation of state regulations, and shall not seek benefits by selling goods and services to students or in disguised form.

Twenty-sixth schools implement the principal responsibility system. The headmaster shall meet the qualifications prescribed by the state. The principal shall be appointed by the education administrative department of the people's government at the county level according to law.

Twenty-seventh schools should criticize and educate students who violate the school management system and may not be expelled.

Chapter IV Teachers

Article 28 Teachers shall enjoy the rights prescribed by law, perform the obligations prescribed by law, be a model for others and be loyal to the people's educational cause.

The whole society should respect teachers.

Article 29 Teachers should treat students equally in education and teaching, pay attention to their individual differences, teach students in accordance with their aptitude and promote their all-round development.

Teachers should respect students' personalities and should not discriminate against them. No corporal punishment, corporal punishment in disguised form or other acts that insult personal dignity and infringe upon legitimate rights and interests shall be imposed on students.

Thirtieth teachers should obtain the qualifications of teachers prescribed by the state.

The state establishes a unified post system for compulsory education teachers. Teachers' posts are divided into junior posts, intermediate posts and senior posts.

Article 31 People's governments at all levels shall guarantee teachers' salaries, welfare and social insurance benefits and improve their working and living conditions; Improve the rural teachers' salary and funding guarantee mechanism.

The average salary of teachers should not be lower than that of local civil servants.

Special education teachers enjoy special post subsidies. Teachers working in ethnic minority areas and remote and poor areas enjoy subsidies in hard and poor areas.

Article 32 People's governments at or above the county level shall strengthen teacher training and take measures to develop teacher education.

The education administrative department of the people's government at the county level shall balance the allocation of school teachers within their respective administrative areas, organize the training and mobility of principals and teachers, and strengthen the construction of weak schools.

Thirty-third the State Council and local people's governments at all levels encourage and support urban school teachers and university graduates to engage in compulsory education in rural areas and ethnic minority areas.

The state encourages graduates of institutions of higher learning to serve as volunteers to teach in schools lacking teachers in rural areas and ethnic minority areas. The education administrative department of the people's government at the county level shall recognize their qualifications as teachers according to law, and their teaching time shall be included in the length of service.

Chapter V Education and Teaching

Article 34 Education and teaching should conform to the laws of education and the characteristics of students' physical and mental development, face all students, teach and educate people, organically integrate moral education, intellectual education, physical education and aesthetic education in education and teaching activities, pay attention to cultivating students' independent thinking ability, innovative ability and practical ability, and promote students' all-round development.

Article 35 The education administrative department of the State Council shall, according to the physical and mental development of school-age children and adolescents and the actual situation, determine the teaching system, teaching content and curriculum, reform the examination system, improve the enrollment method of senior secondary schools, and promote the implementation of quality education.

Schools and teachers carry out educational and teaching activities in accordance with the determined educational and teaching contents and courses to ensure that the basic quality requirements stipulated by the state are met.

The state encourages schools and teachers to adopt heuristic education and other teaching methods to improve the quality of education and teaching.

Article 36 Schools should put moral education in the first place, integrate moral education into education and teaching, carry out social practice activities suitable for students' ages, form an ideological and moral education system in which schools, families and society cooperate with each other, and promote students to develop good ideological and moral character and behavior habits.

Thirty-seventh schools should ensure students' extracurricular activities and organize extracurricular activities such as culture and entertainment. Social public cultural and sports facilities should provide convenience for schools to carry out extracurricular activities.

Article 38 Textbooks shall be compiled in accordance with the national educational policy and curriculum standards, with the contents as concise as possible, the essential basic knowledge and skills carefully selected, economical and practical, and the quality guaranteed.

State functionaries and textbook examiners shall not participate in or participate in the compilation of textbooks in disguised form.

Article 39 The State practices a textbook examination and approval system. Measures for the examination and approval of textbooks shall be formulated by the administrative department of education of the State Council.

Textbooks that have not been approved shall not be published or selected.

Fortieth the benchmark price of textbooks shall be determined by the competent price department of the State Council in conjunction with the publishing administrative department in accordance with the principle of meager profit. The price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, jointly with the publishing administrative departments, determine the retail price according to the benchmark price.

Article 41 The State encourages the recycling of textbooks.

Chapter VI Funding Guarantee

Article 42 The State shall fully include compulsory education in the scope of financial guarantee, and the funds for compulsory education shall be guaranteed by the State Council and local people's governments at various levels in accordance with the provisions of this Law.

The State Council and local people's governments at all levels will include the funds for compulsory education in their fiscal budgets, and allocate the funds for compulsory education in full and on time according to the staff establishment standards, salary standards, school construction standards and public funds per student, so as to ensure the normal operation of schools and the safety of school buildings, and ensure that the salaries of staff and workers are paid in accordance with regulations.

The growth ratio of financial allocation for compulsory education in the State Council and local people's governments at all levels should be higher than the growth ratio of recurrent fiscal revenue, so as to ensure the gradual growth of compulsory education funds calculated according to the average number of students in school, and ensure the gradual growth of faculty salaries and public funds per student.

Forty-third the basic standard of public funds per student in schools shall be formulated by the financial department of the State Council in conjunction with the administrative department of education, and adjusted in a timely manner according to the economic and social development. The basic standard of public funds per student should meet the basic needs of education and teaching.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual conditions of their respective administrative regions, formulate standards for per capita public funds for school students that are not lower than the national standards.

Special education schools (classes) per capita public funds should be higher than ordinary schools.

Forty-fourth compulsory education funds shall be shared by the State Council and local people's governments at all levels according to their responsibilities, and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the overall implementation. The funds required for compulsory education in rural areas shall be shared by the people's governments at all levels in accordance with the provisions of the State Council.

People's governments at all levels provide free textbooks for school-age children and adolescents with financial difficulties and subsidize the living expenses of boarders.

Specific measures to guarantee the funds for compulsory education shall be formulated by the State Council.

Forty-fifth local people's governments at all levels should separate the funds for compulsory education in the financial budget.

People's governments at the county level shall arrange compulsory education funds in a balanced way except schools in rural areas and weak schools.

Article 46 the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall standardize the financial transfer payment system, increase the scale of general transfer payment, standardize the special transfer payment for compulsory education, and support and guide local people's governments at all levels to increase their investment in compulsory education. Local people's governments at all levels shall ensure that the transfer payment funds from the people's governments at higher levels for compulsory education are used for compulsory education in accordance with the provisions.

Article 47 the State Council and local people's governments at or above the county level shall set up special funds according to actual needs to support the implementation of compulsory education in rural areas and ethnic minority areas.

Article 48 The State encourages social organizations and individuals to donate to compulsory education, and encourages the establishment of compulsory education funds in accordance with the provisions of the State on the management of foundations.

Forty-ninth compulsory education funds in strict accordance with the provisions of the budget for compulsory education; No organization or individual may occupy or misappropriate funds for compulsory education, or illegally collect or apportion fees from schools.

Fiftieth people's governments at or above the county level shall establish and improve the audit supervision and statistical announcement system of compulsory education funds.

Chapter VII Legal Liability

Article 51 If the relevant departments of the State Council and local people's governments at all levels violate the provisions of Chapter VI of this Law and fail to perform their duties of ensuring compulsory education funds, the State Council or the local people's government at a higher level shall order them to make corrections within a time limit; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.

Fifty-second local people's governments at or above the county level are under any of the following circumstances, and the people's governments at higher levels shall order them to make corrections within a time limit; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law:

(a) failing to formulate or adjust the school plan in accordance with the relevant provisions of the state;

(two) the school construction does not meet the standards for running schools, site selection requirements and construction standards stipulated by the state;

(three) failing to regularly check the safety of school buildings and timely repair and transformation;

(4) Failing to arrange compulsory education funds in a balanced way in accordance with the provisions of this Law.

Fifty-third people's governments at or above the county level or their education administrative departments in any of the following circumstances, the people's governments at higher levels or their education administrative departments shall order them to make corrections within a time limit and informed criticism; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law:

(a) schools are divided into key schools and non-key schools;

(2) changing or changing the nature of public schools in disguise.

If the education administrative department of the people's government at the county level or the people's government at the township level fails to take measures to organize school-age children and adolescents to enter school or prevent them from dropping out of school, they shall be investigated for legal responsibility in accordance with the provisions of the preceding paragraph.

Article 54 Under any of the following circumstances, the people's government at a higher level or the education administrative department, financial department, price department and audit institution of the people's government at a higher level shall order it to make corrections within a time limit according to the division of responsibilities; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished according to law:

Embezzlement and misappropriation of compulsory education funds;

(2) illegally collecting or apportioning fees from schools.

Fifty-fifth schools or teachers who violate the provisions of the Education Law and the Teachers Law in the compulsory education stage shall be punished in accordance with the relevant provisions of the Education Law and the Teachers Law.

Fifty-sixth schools in violation of state regulations to collect fees, the education administrative department of the people's government at the county level shall be ordered to refund the fees collected; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.

If the school seeks benefits by selling goods and services to students or selling goods and services in disguise, the education administrative department of the people's government at the county level shall give informed criticism; Illegal income, confiscate the illegal income; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.

State functionaries and textbook examiners who participate in or participate in the compilation of textbooks in disguised form shall be ordered by the people's governments at or above the county level or their education administrative departments to make corrections within a time limit according to their functions and powers, and shall be given administrative sanctions according to law; If there is illegal income, it shall be confiscated.

Fifty-seventh schools in any of the following circumstances, the education administrative department of the people's government at the county level shall be ordered to make corrections within a time limit; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished according to law:

(a) refusing to accept disabled school-age children and adolescents who have the ability to receive general education;

(two) divided into key classes and non-key classes;

(3) expelling students in violation of the provisions of this law;

(four) the selection of unapproved teaching materials.

Article 58 If parents or other legal guardians of school-age children and adolescents fail to send them to compulsory education in accordance with the provisions of this Law without justifiable reasons, the education administrative department of the local township people's government or the people's government at the county level shall give criticism and education and order them to make corrections within a time limit.

Fifty-ninth any of the following circumstances, shall be punished in accordance with the provisions of relevant laws and administrative regulations:

(1) coercing or deceiving school-age children and adolescents who should receive compulsory education or dropping out of school;

(2) Illegally recruiting school-age children and adolescents who should receive compulsory education;

(3) publishing textbooks that have not been examined and approved according to law.

Article 60 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.

Chapter VIII Supplementary Provisions

Article 61 The implementation steps of exempting school-age children and adolescents receiving compulsory education from miscellaneous fees shall be formulated by the State Council.

Article 62 Private schools run by social organizations or individuals according to law shall implement compulsory education in accordance with the relevant provisions of the Law on the Promotion of Private Education; If there are no provisions in the Law on the Promotion of Private Education, this Law shall apply.

Article 63 This Law shall come into force as of September 1 2004.