The right to education is a basic human right, and it is also the basic right of citizens stipulated in our constitution. According to the general jurisprudence that citizens' exercise of rights shall not infringe upon the legitimate rights and freedoms of others, the right to education, as a basic human right, cannot be arbitrarily deprived or restricted unless the right holder's continued enjoyment of this right will harm the public interest or the legitimate rights of others, and the legitimate rights of others are more important than the plaintiff's right to education. Only the law can cancel or deprive the rights set by law. At present, there is no law in our country that schools can deprive students of their right to education. Students who violate the school management system shall be criticized and educated by the school and shall not be expelled.
Educated people enjoy the following rights:
1, participate in various activities arranged by the education and teaching plan, and use education and teaching facilities, equipment and books;
2, in accordance with the relevant provisions of the state to obtain scholarships, loans and grants;
3. Get a fair evaluation of academic performance and conduct, and obtain corresponding academic certificates and degree certificates after completing the prescribed studies;
4. Complain to the relevant departments about the punishment given by the school, and lodge a complaint or bring a lawsuit against the behavior of the school and teachers that infringe upon their personal rights, property rights and other legitimate rights and interests;
5. Other rights stipulated by laws and regulations.
The state implements the nine-year compulsory education system, which is compulsory education for all school-age children and adolescents and a public welfare undertaking that the state must guarantee. The implementation of compulsory education, free of tuition and fees. The state establishes a mechanism to guarantee the funds for compulsory education to ensure the implementation of the compulsory education system.
legal ground
compulsory education law of the people's republic of china
Twenty-seventh students who violate the school management system shall be criticized and educated by the school and shall not be expelled.
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.