I. Conditions and requirements for holding off-campus training institutions
Although the standards for setting up off-campus training institutions in various provinces and cities are not completely uniform, there are still some relatively consistent requirements, especially the mandatory requirements in the Opinions should be applicable to the whole country. Other provinces, such as Guangdong and Shandong, have formulated provincial standards for setting up off-campus training institutions, but the provincial standards are only the basic standards applicable to the whole province, and also allow or require provincial-level cities to formulate local specific setting standards with reference to the provincial standards.
(1) basic conditions
Generally speaking, an application for holding an off-campus training institution shall meet the following basic conditions:
1. There are organizers who meet the requirements of relevant laws, regulations and normative documents.
2. It has a legal name, standardized articles of association and necessary organization.
3. It has an internal management system that meets the requirements of relevant laws, regulations and rules.
4. Having the legal representative, responsible person (administrative person in charge) and main management personnel who meet the prescribed qualifications.
5. There are teachers who are suitable for the training category, level and scale.
6. Off-campus training institutions have supporting funds for running schools.
7 schools, facilities and equipment suitable for the training project and scale.
8. There are curriculum plans and teaching materials corresponding to the training projects.
9. Other conditions stipulated by laws, regulations and rules.
10. Some provinces and cities will also emphasize other basic conditions. For example, Guangdong Province requires a "work plan for the establishment and activities of party organizations".
(2) Conditions of sponsors
The organizers of off-campus training institutions are legal persons or natural persons other than state institutions, requiring primary and secondary schools not to organize or participate in organizing off-campus training institutions.
Organizers are generally divided into the following three forms:
1, legal person
(1) has the legal personality of People's Republic of China (PRC).
(2) It has a good credit status, has not been included in the abnormal list of relevant businesses (operations) or the list of serious illegal and untrustworthy units, and has no bad records.
In addition to the above two conditions, most provinces and cities also require the legal representative of the legal person organizer (not the legal representative of the training institution here) to have China nationality, settle in China, have good credit status, have no criminal record, and have political rights and full capacity for civil conduct.
2. Natural person
(1) has China nationality and has settled in China.
(2) Good credit status and no criminal record.
(3) Having political rights and full capacity for civil conduct.
3. Joint education (refers to an off-campus training institution jointly organized by a legal person or natural person other than two or more state institutions)
A joint school-running agreement shall be signed to clarify the amount of capital contribution, rights and obligations and dispute settlement methods of all parties.
(3) Site conditions
1. Opinion requirements
(1) Off-campus training institutions must have a fixed place that meets the safety conditions, and the average annual area during the same training period shall not be less than 3 square meters to ensure that it is not crowded and easy to evacuate.
(two) the place must comply with the provisions of the state on fire control, environmental protection, hygiene and food management.
(3) Off-campus training institutions can prevent and resolve the risk of safety accidents by purchasing personal safety insurance for participants and other necessary means.
2. Local requirements
(1) A private education and training institution shall have a school-running place suitable for the school-running project and scale, and shall avoid places that affect students' physical and mental health and may endanger students' personal safety.
(2) Some provinces and cities have detailed the requirements for the construction area and lease term:
(1) The construction area of the teaching building is not less than two thirds of the total construction area of the school.
(2) Clear proof of the property right of the place shall be provided.
③ The total construction area of the school buildings actually used in the registration places of off-campus training institutions: Shanghai, Guangdong, Shandong and Guangxi require no less than 200 square meters; Hebei requires not less than 300 square meters; Beijing requires more than 300 square meters (excluding 300 square meters).
(4) If the venue is leased, the term of the lease contract to be signed: Shanghai, Shandong and Guangxi require not less than 2 years; Beijing, Guangdong and Hebei require no less than 3 years.
⑤ It is forbidden to be used as a school place: basements and residential buildings are not allowed in Beijing; Shandong is not allowed to rent or borrow primary and secondary school buildings, venues and residential buildings. ; Dangerous houses, factories, basements and garages are not allowed in Guangxi.
⑥ Boarding institutions: Shanghai (for cultural and educational institutions), Shandong and Hebei require places to study, live and exercise that match the size of boarding students. For dormitory area, Shanghai requires an average dormitory construction area of not less than 6.5 square meters, and Shandong requires an average dormitory use area of not less than 3 square meters.
3. Teaching points
If an off-campus training institution conducts training activities in a place other than the address recorded in the legal person's school license, it shall set up teaching points according to law. For-profit training institutions that set up teaching points shall register their branches in accordance with the provisions of the administrative department for industry and commerce. A private training institution applying for the establishment of a teaching point shall meet the following conditions in addition to having strong school-running strength and reaching the corresponding credit rating:
(1) It has qualified school buildings and corresponding education and teaching facilities.
(two) equipped with a full-time person in charge and the corresponding management personnel, and their qualifications shall refer to the qualifications of the principals (administrative heads) and main management personnel of private training institutions.
(3) Equipped with teachers who can meet the needs of education and teaching.
Teacher's qualification
The "Opinions" require
(1) Off-campus training institutions must have a relatively stable teaching staff and may not employ in-service teachers in primary and secondary schools.
(2) Must abide by the Constitution and laws, love education, have good ideological and moral character and corresponding training ability.
(3) Teachers engaged in knowledge training in Chinese, mathematics, English, physics, chemistry, biology and other disciplines should have corresponding teacher qualifications.
(four) training institutions shall sign employment contracts, labor contracts or labor agreements with employees according to law.
(5) The employment of foreigners must comply with the relevant provisions of the state.
legal ground
Article 27 The establishment of schools and other educational institutions must meet the following basic conditions:
(1) Having an organizational structure and articles of association;
(2) Having qualified teachers;
(3) Having teaching places, facilities and equipment that meet the prescribed standards;
(four) there are necessary funds for running schools and stable sources of funds.