The amount is gradually discounted from 200,000 yuan to 20,000 yuan.

And forced to detain tables, chairs and benches,

This makes running a school difficult.

-How do private educational institutions safeguard their right to run schools according to law? —

Private education risk protection fund

Risk guarantee fund, also known as "risk guarantee fund" and "risk fund", is the funds drawn from school funds and deposited in designated accounts by private educational institutions at all levels according to the requirements of educational administrative departments, and its main purpose is to deal with accidents in schools.

Classic event

2065438+February 2007, a person in charge of a leading educational institution in Wugong County, Xianyang, Shaanxi Province reported to this newspaper that the county education bureau asked his institution to pay 200,000 yuan of risk security fund. After the institution refused to pay, the amount was gradually "discounted" from 200,000 yuan to 20,000 yuan, and the desks and chairs were forcibly detained, making it difficult to run a school. On March 29th, the number of students in this institution has dropped from more than 200 to more than 10, and the person in charge called it "out of business".

A staff member of the Wugong County Education Bureau Office told this newspaper: "The risk deposit is collected according to the Interim Measures for the Management of School-running Funds of Private Schools in Xianyang City issued by Xianyang City in 2009."

Regarding why the desks and chairs were sealed up, he said: "The leading educational institutions have problems such as' unqualified teachers, no fire-fighting facilities, blocked fire exits, failure to sign safety responsibility letters with students and parents, failure to provide relevant safety education to students, major safety hazards, and unsuitable school buildings'."

On April 1 day, a staff member of Xianyang Education Bureau told this newspaper that according to the Interim Measures for the Management of School-running Funds of Private Schools in Xianyang City, the money should be deposited in public accounts. "This is not a charge, the money is in their hands."

A staff member of the leading educational institution told this reporter that in order to avoid trouble, most other educational institutions in the county have already paid the risk guarantee fund, and they can run schools normally after paying it. "We either don't pay, or we just want to know where the money went? Will it be returned to us in the way they say? "

The person in charge of the training institution expressed concern: "More than 20 teaching institutions in our county have paid, but only a bank receipt was given, and there is no school license."

1. Is there a legal basis for the risk guarantee fund for private education?

According to the Interim Measures for the Management of School-running Funds of Xianyang Private Schools (Xian Jiao Zheng [2009] No.423), Article 3 stipulates:

Private schools should set up basic account and special fund monitoring accounts (risk protection funds) in the same bank. The special fund monitoring account is a special account for risk compensation and emergency treatment set up by the competent department of private education to prevent possible school-running risks and respond to emergencies, and is subject to the supervision of the competent department of education at the same level.

A member of the Chinese People's Political Consultative Conference put forward suggestions on the implementation of the People's Promotion Law:

"Encourage and support all localities to establish a minimum registered capital and risk margin system for private schools. All localities should, according to the local social and economic development level and the actual development of private education, make provisions on the minimum registered capital of various types of private schools at all levels, and at the same time effectively promote the implementation of school legal person property.

For for-profit schools, especially training and education institutions, a risk deposit system should also be established. Private schools established after the implementation of the People's Promotion Law shall be implemented with reference to this system; The original private schools can adopt the mode of gradual transition. "

2. Can tables and chairs be detained without paying the risk premium?

Article 36 of the Law on Promoting Private Education stipulates that:

During the existence of private schools, all assets shall be managed and used by private schools according to law, and no organization or individual may occupy them. No organization or individual may charge any fees to private educational institutions in violation of laws and regulations.

Article 62 of the Law on Promoting Private Education stipulates that:

If a private school commits one of the following acts, the administrative department of education, human resources and social security of the people's government at or above the county level or other relevant departments shall order it to make corrections within a time limit and give a warning; If there is illegal income, the illegal income shall be confiscated after the fee is refunded; If the circumstances are serious, it shall be ordered to stop enrolling students and revoke the school license; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) unauthorized division or merger of private schools;

(2) changing the name, level, category and sponsor of a private school without authorization;

(3) publishing false enrollment brochures or advertisements to defraud money;

(4) Illegally issuing or forging academic certificates, graduation certificates, training certificates and vocational qualification certificates;

(five) management confusion seriously affects education and teaching, resulting in adverse social impact;

(six) submit false documents or take other fraudulent means to conceal important facts to defraud the school license;

(7) Forging, altering, buying, selling, renting or lending a school license;

(eight) malicious termination of running a school, withdrawing funds or misappropriating school funds.

3. How can private institutions safeguard the right to run schools according to law?

A lawyer surnamed Luo: "There is no legal basis for the education department to collect risk protection money. For the risk of malicious divestment of private schools, parents of students should first understand and try to avoid it. "

Li Xinhua, a lawyer of Shaanxi Delun Law Firm, also said that the Education Bureau, as the government agency in charge of education, has no right to charge any fees except the revenue and expenditure items stipulated by the government, and the funds collected are illegal.

He also stressed: "The state requires private educational institutions to have school licenses. However, it is definitely wrong to say that you can only run a school after paying a risk deposit. "

"It is legal to apply for a permit before opening Gong Hu." He said that institutions can take out this document and explain it to the Education Bureau. "If they don't listen, you should report it to the relevant departments of the people's government and their higher authorities."

On April 20 17 1 day, the names and telephone numbers of press spokespersons of provincial education departments and universities directly under them were announced. When you encounter something related to educational news and policies, you can find these contact information!