In this case, judging students as mentally retarded only by their grades not only infringes on their right to fair evaluation, but also infringes on their right to reputation. This is a serious illegal act.
Article 42 of the Education Law stipulates that the educated have the right to "get a fair evaluation of academic achievements and conduct, complete the required studies, and obtain corresponding academic certificates and degree certificates". This right is called "the right to fair evaluation" for short. It includes two aspects:
One is that students have the right to fair academic performance evaluation and moral evaluation during their study. Academic achievement evaluation is the academic evaluation made by educational institutions on students' learning level and knowledge ability, including the evaluation of test scores, learning ability and knowledge structure. Moral education evaluation is a comprehensive evaluation made by educational institutions on students' ideological and moral character, behavior habits, learning attitude and labor performance during their study. Academic performance evaluation and conduct evaluation play an important and even decisive role in students' healthy growth, promotion, further studies and employment. Schools and teachers should evaluate students' academic performance scientifically, reasonably, fairly and justly in a serious and responsible spirit. Students have the right to ask schools and education departments to correct inaccuracies, distortions and injustices in evaluation through proper channels.
Second, students have the right to obtain corresponding academic certificates and degree certificates after completing the prescribed studies. Academic certificates and degree certificates are essentially the final evaluation of students' academic ability and conduct at a certain stage of education. Students who have completed the course and passed the examination in accordance with the regulations have the right to obtain academic certificates. Students who receive higher education are qualified academically, reach the corresponding academic level and meet the relevant requirements, and have the right to obtain a degree certificate. Wang Junliang, public lawyer, Master of Laws, Provincial Department of Education.