The Regulations on Disciplinary Actions in Primary and Secondary Education (202 1) came into effect on March1. The full text is as follows.
Disciplinary rules for primary and secondary education
Article 1 These Rules are formulated in accordance with the Education Law, the Teachers Law, the Law on the Protection of Minors, the Law on the Prevention of Juvenile Delinquency, and other laws and regulations and the relevant provisions of the state in order to implement the fundamental task of moral education, ensure and standardize schools and teachers to perform their education, teaching and management duties according to law, protect the legitimate rights and interests of students, and promote the healthy growth and all-round development of students.
Second ordinary primary and secondary schools, secondary vocational schools and their teachers in the process of education, teaching and management of students to implement educational punishment, the application of these rules.
The term "educational punishment" as mentioned in these rules refers to the educational behavior that schools and teachers manage, punish or correct students who violate rules and regulations for educational purposes, so as to urge students to accept warnings, recognize and correct mistakes.
Article 3 Schools and teachers should abide by the laws of education, perform their duties according to law, correct students' wrong words and deeds in time through active discipline and educational punishment, and cultivate students' awareness of rules and responsibilities.
The administrative department of education shall support, guide and supervise schools and their teachers to implement educational punishment according to law.
Article 4 The implementation of educational punishment shall conform to the educational laws and pay attention to the educational effect; Follow the principle of rule of law, be objective and fair; Choose appropriate measures according to the degree of students' mistakes.
Article 5 Schools shall, according to the characteristics of students, formulate and improve school rules and regulations according to law, clarify students' behavior norms, and improve the specific circumstances and rules for implementing educational punishment.
When formulating school rules and regulations, schools shall solicit the opinions of faculty, students, parents or other guardians. Conditional, can organize students, parents and representatives of relevant parties to participate in the hearing. School rules and regulations shall be submitted to the parents' committee and the staff congress for discussion, and shall be implemented after being examined 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 rules in the form of democratic discussion, and report them to the school for record before implementation.
Article 6 A school shall publicize and explain the rules and regulations of the school to students and parents by means of entrance education and class meetings. Unpublished school rules and regulations shall not be implemented.
Schools can establish organizations such as school rules and regulations executive committees according to the situation, with the participation of teachers, students, parents and representatives from all walks of life, responsible for determining applicable educational disciplinary measures, supervising the implementation of educational disciplinary measures, and carrying out relevant publicity and education.
Seventh students have one of the following circumstances, the school and its teachers should stop and criticize education, and when necessary, they can implement educational punishment:
Deliberately failing to complete the requirements of teaching tasks or disobeying educational management;
Disturbing classroom order and school education and teaching order;
Smoking, drinking or misbehaving violate the student code;
Carrying out dangerous behaviors that are harmful to the physical and mental health of oneself or others;
Beating and scolding classmates and teachers, bullying classmates or infringing upon the legitimate rights and interests of others;
Other acts in violation of school rules and regulations.
If students have bad behaviors or serious bad behaviors stipulated in the Law on the Prevention of Juvenile Delinquency, schools and teachers should stop them, implement education and punishment, and strengthen discipline; If it constitutes an illegal crime, it shall be transferred to the public security organ for handling according to law.
Eighth teachers in the classroom teaching, daily management, students with minor violations, can be implemented on the spot the following education and punishment:
Criticize by name;
Order an apology and make an oral or written review;
Appropriate additional teaching or class public welfare tasks;
Standing in the classroom during class;
After-school teaching;
Other appropriate measures stipulated by school rules and regulations or class rules and regulations.
After implementing the measures mentioned in the preceding paragraph, teachers can notify the parents of students in an appropriate way.
Ninth students who violate the rules and regulations of the school, if the circumstances are serious or refuse to correct after being punished on the spot, the school can give the following educational sanctions and inform parents in time:
Guided by the person in charge of school moral education;
To undertake the public service tasks of the school;
Arrange for special education in school rules and regulations and code of conduct;
Suspend or restrict students from participating in off-campus collective activities such as sightseeing and off-campus collective activities;
Other appropriate measures stipulated by the school rules and regulations.
Tenth primary school students, junior high school and senior high school, if the violation of discipline is serious or has a bad influence, the school can implement the following education and punishment, and should inform parents in advance:
Give no more than a week to suspend classes or drop out of school, and ask parents to educate and discipline at home;
Being lectured by the vice president of the rule of law or the counselor of the rule of law;
Arrange special courses or educational places, and social workers or other professionals will provide psychological counseling and behavioral intervention.
For students who seriously violate the rules and regulations, or fail to correct after repeated education and punishment, the school may give a warning, a serious warning, a demerit or stay in school for probation. For high school students, they can also be expelled from school.
For students with serious bad behavior, the school can cooperate with parents and relevant departments to transfer them to special schools for education and correction in accordance with legal procedures.
Eleventh students disturb the classroom or teaching order, affect others or may cause harm to themselves and others, teachers can take necessary measures to take students away from the classroom or teaching site, and educate and manage them.
Teachers and schools should take necessary measures to stop students from carrying and using illegal items or dangerous behaviors; If students are found hiding illegal and dangerous goods, they should be ordered to hand them over, and desks and lockers that may be hiding goods can be inspected.
Teachers and schools can temporarily detain students' illegal items and keep them properly, and return them to parents at an appropriate time; Belonging to illegal and dangerous goods, it shall promptly report to the public security organs, emergency management departments and other relevant departments for handling according to law.
Twelfth teachers in the process of education and teaching management, the implementation of education and punishment, shall not have the following acts:
Corporal punishment that directly causes physical pain by hitting or stabbing. ;
Disguised corporal punishment that indirectly hurts the body and mind, such as making a penalty beyond the normal limit, repeatedly copying, forcing uncomfortable movements or postures, and deliberately isolating;
Abuse or infringe on students' personal dignity with discriminatory and insulting words and deeds;
Punish all students for violations of discipline by individuals or a few people;
Educate and punish students' academic achievements;
Implementing or selectively implementing educational punishment due to personal emotions, likes and dislikes;
Assign students to punish other students through education;
Other violations of students' rights.
Thirteenth after the implementation of education and punishment, teachers should pay attention to communication and help with students, and give praise and encouragement to students who correct their mistakes in time.
According to the actual situation and needs, the school can establish a counseling mechanism for the protection of students' education, which is composed of school leaders, heads of moral education institutions, teachers, vice presidents of the rule of law and professionals in law, psychology and social work. To provide special psychological counseling and behavior correction for students in need.
Fourteenth schools intend to impose educational and disciplinary sanctions on the students listed in Article 10 of these Rules, and 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 education or disciplinary action, if students can sincerely admit their mistakes and actively correct them, they can cancel education or disciplinary action in advance.
Fifteenth schools should support and supervise teachers to perform their duties correctly. If a teacher has a dispute with students and their parents due to the implementation of educational punishment, the school shall handle it in time. Teachers who are not at fault shall not be punished or otherwise dealt with adversely because of the implementation of educational punishment.
If a teacher violates Article 12 of these Rules and the circumstances are minor, the school shall criticize and educate him; If the circumstances are serious, his post shall be suspended or punished according to law; Causing physical and mental harm to students, which constitutes a crime, shall be dealt with by the public security organs according to law.
Sixteenth schools and teachers should attach importance to home-school cooperation and actively communicate with parents, so that parents can understand, support and cooperate with the implementation of educational punishment and form a joint force. Parents should fulfill their educational responsibilities to their children, respect teachers' educational rights, and cooperate with teachers and schools to punish students who violate the rules and regulations.
Parents who have objections to the teacher's educational punishment or think that the teacher's behavior violates the provisions of Article 12 of these Rules may complain or report to the school or the administrative department of education. Schools and education administrative departments shall promptly investigate and deal with them in accordance with the relevant requirements of the construction and management of teachers' morality and style. If parents threaten, insult or hurt teachers, schools and education administrative departments shall protect teachers' personal safety and safeguard their legitimate rights and interests according to law; If the situation is serious, it shall promptly report to the public security organ and cooperate with the public security organ and the judicial organ to investigate the responsibility.
Seventeenth students and their parents who are dissatisfied with the education or disciplinary action made by the school in accordance with Article 10 of these Rules may lodge a complaint with the school within 15 working days after the education or disciplinary action is made.
The school shall set up a student appeal committee composed of relevant school leaders, teachers, students, parents, the vice president of the rule of law and other off-campus representatives, accept the appeal application and organize the review. Schools should make clear the personnel composition, acceptance scope and handling procedures of the student appeal committee, and make it known to students and parents.
The student appeal committee shall conduct a comprehensive review of the facts and reasons of the student's appeal, and make a decision to maintain, change or revoke the original educational punishment or disciplinary punishment.
Eighteenth students or parents who are dissatisfied with the decision on handling students' complaints may apply to the competent education department of the school for review; If you are not satisfied with the review decision, you may bring an administrative reconsideration or administrative lawsuit according to law.
Nineteenth schools should strengthen the training of teachers, promote teachers to update their educational concepts, improve educational methods, and improve their awareness and ability to perform their duties correctly.
At the end of each semester, the school shall report the information that students are punished and punished by education listed in Article 10 of these Rules to the competent education administrative department for the record.
Article 20 These Rules shall come into force on March 1 20265438.
All localities can formulate local implementation rules or guide schools to formulate implementation rules in light of local conditions.
Note: The information in this article comes from the official website of People's Republic of China (PRC) Ministry of Education.