National Guidelines for Establishing Demonstrations on School Governance in Accordance with Law

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Promulgation Date: 2022-4-13
Title: 教育部办公厅关于印发《全国依法治校示范校创建指南(中小学)》的通知
Document Number:Letter of the Ministry of Education Legal Office [2022] No. 3
Expiration date: 
Promulgating Entities:Office of the Ministry of Education
Source of text: http://www.moe.gov.cn/srcsite/A02/s5913/s5933/202205/t20220505_624875.html

To all provincial, autonomous region, or directly governed municipality education departments (education committees) and the Education Bureau for the Xinjiang Production and Construction Corps:

On the basis of the National Group for Coordinating Efforts to on Assessments, Meeting Standards, and Commendations' Notice of the Publication of the Catalog of the Third Wave of National Demonstration Activities and Retained Projects, This Ministry has decided to initiate efforts on establishing model schools for campus governance in accordance with law in order to thoroughly implement Xi Jinping thought in the education system and to further school governance in accordance with law, The Ministry of Education has researched and drafted these National Guidelines for Establishing Model Schools for Campus Governance in Accordance with Law (Primary and Secondary School) (hereinafter the "Guidlines") in order to guide primary and secondary schools' campus governance in accordance with law and establishment of models.

All regions should strengthen organizational leadership, complete work mechanisms, and strive to initiate efforts to establish demonstrations on school governance in accordance with law in that region. The establishment of models by schools of higher learning nad by primary and secondary schools, are to be implemented in accordance with the "Assessment Indicators for Rule of Law Work in Schools of Higher Learning" and the "Guidelines" respectively. The development of efforts on demonstrations of school governance in accordance with law should persist in innovative reform and focus on real problems; guiding schools to overcome obstacles and advance reforms using rule of law thinking and methods; the schools' assessment reforms should be considered in promoting the creation of a school atmosphere that is lively and orderly, and in completing an education system that fully cultivates morality, knowledge, sport, arts, and labor; the reform of 'streamlining administration and improving services‘ should be furthered, transforming management methods and creating conditions and providing support for schools' governance in accordance with law, ensuring that schools are run autonomously and in accordance with law. The establishment of model schools should highlight leadership, innovation, and effectiveness, forming practical experiences and institutional achievements that have significant impacts, and improving the overall level of school governance in accordance with law.

The nation's efforts on the establishment of models of school governance in accordance with law is to be concluded before the end of 2024, with notice of specific arrangements to be given separately. All regions and schools should promptly consolidate positive experiences and good methods from efforts to establish models and report them to the Ministry of Education (Policy Regulation Division).

Office of the Ministry of Education

April 13, 2022

 

Key AreaCore RequirementsSpecific Guidelines
I. Governance in Accordance with Law. Schools are to actively improve governance mechanisms and promote the joint participation of grassroots Party organizations, principals' offices, faculty, students, parents, and the community in school governance, considering actual conditions in the practice of people's democracy in the entire management process.1.1 Party organizations are to play a leading role1.1.1 Persist in the Party's comprehensive leadership of the work of schools, adhere to the socialist orientation of teaching, and fully implement the Party's educational directives; the basic level Party organization bodies of schools are to be complete and carry out work in accordance with the Party charter and rules
1.1.2 Implement the system in which the principals are responsible for leadership of primary and secondary school Party organizations, establish a system for principal's work meetings and event rules, and put them in operation
1.2 Complete decision-making mechanisms 1.2.1 Complete procedures such as for public participation in major decision-making, expert hearings, reviews of legality, and collective decision making.
1.2.2 For decision-making involving the vital rights and interests of students and faculty members, include representatives of stakeholders to attend decision-making meetings or to participate in decision-making; and disclose the matters, basis, and results of decision-making in the school, allowing teachers and students to access it
1.2.3 The school's decision-making power, enforcement power, and oversight power are to both be mutual restraints and mutually coordinated, and the management and decision-making and enforcement are to be standardized, non-corrupt, and efficient
1.3 Complete mechanisms for democratic management 1.3.1 The faculty representative conference system is to be completed, with personnel structured in compliance with rules, and positive operations; able to represent faculty to participate in the democratic management of the school; and system and affairs related to the vital interests of the faculty and staff are to be reviewed and approved by the faculty representative assembly
1.3.2 Actively expand the channels for students to participate in the democratic management of the school, and effectively bring the functions of the Young Pioneers, the Communist Youth League, the Student Union, and student associations into play in self-management, self-education, and self-service
1.4 Clear cooperation between home and school 1.4.1 Draft charters for parents committees and related systems, clarify rules such as for the sources of parent committee representatives, production procedures, and functions, to ensure that the parent committee can play an active and effective role
1.4.2 While strengthening the establishment of mechanisms for communication and cooperation between families and schools, and for promoting collective education and governance, have systemic innovation and notable results from practice
1.5 Effective public participation 1.5.1 Establish effective cooperation mechanisms with the local community, with the community supporting the school in carrying out educational and teaching practice activities, and the school opening sports and cultural venues and facilities to the community and the public in accordance with regulations, actively carrying out community services, and using diverse methods such as open days to draw on community representatives to participate in school governance
1.5.2 Actively use external resources to create organizational mechanisms that support the development of the school, with the vice-principal for the rule of law being equipped as requested, regularly participating in training, fully performing duties in accordance with the law, and giving full play to their role

II.System Completion. Schools are to establish and complete internal institutional systems based on their charters, with each system having standardized procedures, lawful content, reasonable rules, and effective operation

2.1 Draft charters in accordance with law 2.1.1 Schools are to formulate and revise their charters at appropriate times, and report to the competent departments for approval or filing in accordance with regulations
2.1.2 The drafting and revision of charters is to have regular procedures, with complete content that comports with actual conditions, embodying the school's characteristics and having notable efficacy
2.2. Complete rules systems2.2.1 On the basis of laws, regulations and schools charters, schools are to draft all manner of management of systems that have complete systems, a clear hierarchy, and are rationally categorized and interconnected
2.2.2 Encourage and support the formulation of group self-governance rules such as teacher codes of conduct, and class codes, guiding teachers to organize students to draft class rules or class codes through democratic discussion, and report them to the school for filing
2.3 Draft procedural regulations2.3.1 The procedures for drafting all systems and rules are to comply with legally-prescribed requirements, and the comments of faculty and students or parents are to be solicited through multiple means where the rights and interests of teachers an students are involved.
2.3.2 For major systems involving school development plans and the allocation of rights and interests, implement decision-making procedures in accordance with provisions and file them with the departments in charge of education
2.4 Reasonable and effective systems 2.4.1 Each rule system of schools is to be lawful and reasonable, very implementable, and after new laws, regulations, rules, or important documents on education are released, promptly revise the corresponding content in internal school rules systems
2.4.2 Systems are to be strongly focused, student codes of conduct and management measures are to be reasonable and proper, teacher codes of ethics and professional conduct are to be clear and complete.
2.4.3 Systems are to be able to effectively protect teachers' and students' rights and interests, rules that restrict teachers and students are to conform with law and are not to exceed the necessary extent
2.5 Disclose information in accordance with law 2.5.1 Schools are to establish work systems for disclosing information, promptly and accurately disclosing information, compiling directories and guides on open information and promptly updating them
2.5.2 Display information on school and party affairs in accordance with law, and accept oversight from teachers, students, the public, and other such areas
2.5.3 School systems are all tol be implemented only after they are made public; and school rules, discipline, and other systems are to be publicized and expounded upon for teachers, students and parents through various channels.

III. Management and Regulation. Thoroughly study and implement Xi Jinping thought, increase capacity for rule of law work, and govern schools through rule of law thinking and methods

3.1 Leaders are to possess literacy in rule of law 3.1.1 The primary person in charge of the school is to perform leadership responsibility for governing the school in accordance with law, have a democratic leadership style, implement the requirements of socialist democratic politics, actively promote the establishment of internal school democracy, and carry out democratic decision-making procedures on major issues
3.1.2 The primary person in charge of the school is to possess basic legal literacy, the principal should be qualified as having legal knowledge and ability, and be disposed to using legal thinking and legal methodology to resolve challenges, advance reforms, and implement management
3.2 Safeguards for rule of law work 3.2.1 Schools are to make governing the school in accordance with law a basic concept, drafting and implementing a plan for efforts on governing the school in accordance with law
3.2.2 There are to be school leaders who are in charge of governing the school in accordance with law, with corresponding bodies and personnel established to be responsible for governing the school in accordance with law
3.2.3 Schools are to establish a system for legal consultation, independently hiring legal consultants and giving play to their active functions in teaching management
3.3 Safeguards and oversight for school autonomy 3.3.1 The delineation of duties between schools and competent departments is to be clear, schools are to have a clear understanding of the scope of their autonomous authority for teaching and have complete systems for its effectively exercise and oversight
3.3.2 The lawful rights and interests of schools and teachers are to be respected and protected and are not to be illegally interfered with, and their normal performance of duties are not to be disrupted
3.4 Management based on students and teachers 3.4.1 In school management, respect the position of teachers, ensure that teachers enjoy all lawful rights and interests, and fully respect and protect the professional autonomy of teachers in teaching and research
3.4.2 Implement a teacher-focussed conception; functional departments are to have a positive awareness of service, and schools are to set up office lobbies and comprehensive service websites and institutions that can provide convenient and effective services to teachers
3.5 Effective response to legal risks and disputes 3.5.1 School management personnel are to be familiar with legal provisions, disposition mechanisms or work plans related to legal disputes commonly seen in schools, and example work cases on responding to disputes in accordance with law
3.5.2 Schools are to have regular management systems for civil activities carried out externally, and conduct legality review and risk assessment of contracts concluded
3.5.3 Make rule of law the basic method by which disputes and conflicts within the school, establish comprehensive channels for implementing petitioning, mediation, collateral appeals, arbitration, and so forth, lawfully, appropriately, and conveniently handling them
IV. Comprehensive Instruction. Fully implement the Party's educational directives, complete systems for comprehensive education in morals, knowledge, sports, arts, and labor, and implement the basic task of fostering virtue through education.4.1 Transform the Party's educational policy into specific school practice4.1.1 Place the exposition of laws in the Party's education directives in a conspicuous position in the schools, so that all teachers are deeply familiar them, and the requirements of the education directives are reflected in school training, the school atmosphere, and education targets
4.1.2 Fully implement education directives in education and teaching, integrate fostering virtue through education in the full process and every aspect of ideological and ethics education, cultural knowledge education, social practice education,
4.2 Standardize the implementation of the legally-prescribed curriculum4.2.1 Open and promote courses on national provisions, ensuring the presence and quality of teachers and class time for moral, sport, art, and labor education
4.2.2 Strictly follow the state curriculum plan and course standards in teaching, scientifically and reasonably arranging classroom teaching, innovation in the form of content, and combining educational activities with production labor and social practice
4.2.3 School-based courses that are developed or adopted are to have exceptional educational value, be clearly effective for education, go through scientific deliberation, and be filed in accordance with provisions
4.2.4 Use textbooks and supplementary materials in accordance with provisions, and have no violations of provisions on their use and management
4.3 Carry out education on special topics in accordance with law. 4.3.1 Follow legal provisions to carry forward the exceptional traditional culture of the Chinese people, the revolutionary culture, and advanced socialist culture in education and teaching
4.3.2 In accordance with law, carry out ideological and belief education, patriotic education, education on the core socialist values, education on the ecological civilization, environment education, mental health education, life education, education on puberty, national security education, and education on other topics as required by law
4.4 Carry out appropriate extracurricular tutoring and social practicums4.4.1 Establish study systems for all students in which education is individualized, providing targeted tutoring outside of class for students with difficulties and students with special aptitudes, providing appropriate extended services, and effectively reduce the burdens on students from homework and extracurricular training
4.4.2 Emphasize training for student's spirit of innovation, practical ability, and sense of social responsibility, organizing relevant practicum activities through multiple forms
4.4.3 Enrich the content and forms of educational content, periodically carrying out all types of off-campus practicum activities such as spring trips, fall trips, sightseeing, observations, and social service
4.4.4 Set up libraries and class library corners, alloting extracurricular reading that is suited to the age and traits of the students and has positive and uplifting content, widely carry out reading activities through multiple forms, leading students to cultivate positive reading habits
5. Campus Equality. Schools are to integrate the concept of equality into the entire process of education, teaching, and management to promote equality on campus5.1 Enrollment equality 5.1.1 The school is to enroll students in strict accordance with laws and regulations, with fair and just enrollment rules, standardized and transparent enrollment behavior, not establishing discriminatory conditions, and conscientiously accepting supervision
5.1.2 Schools are to admit students in accordance with procedures and requirements, equally accept students who have migrated with parents, have special needs (such as physical and mental development disabilities) for enrollment, and arrange students in balanced classes.
5.2 Equal relationship between teachers and students5.2.1 Teachers are to treat and care for every student equally, and are not to treat students differently based on factors such as academic performance, gender, ethnicity, race, household registration, physical and mental health, family conditions, parental occupation, religious belief, parents' education level.
5.2.2 In education, teaching, and management, teachers are to respect and protect students' rights in their persons, personal dignity, and personal privacy
5.2.3 Shools are to establish working mechanisms to promptly discover and correct any management measures, speech, conduct, etc. that might cause discrimination on campus.
5.3 Establishment of special support measures5.3.1 Scientifically implement integrated education, safeguard disabled students' equal right to receive education, having professional supports for inclusive education
5.3.2 Give financial assistance to students of families with economic hardship or who have special needs in accordance with state provisions, and appropriately care for student archives to protect student privacy
5.3.3 Establish mechanisms for tutoring, encouraging, and assisting students with difficulties studying, family economic hardship, or who have been punished for discipline issues to build confidence, and equally participate in group activities
VI. Fair Assessments. Schools and faculty are to fairly implement management and assessment authority, completing systems for review, appraisal, and assessment competition, with a fair and just atmosphere among students and in the school, that is clear and upright.6.1 Complete systems for teacher evaluation and assessment6.1.1 Establish open, fair, and just systems for hiring teachers, promotions, and evaluations
6.1.2 Establish just systems for allocations, optimize the use of performance pay, and other inclinations toward frontline teachers and class leaders with outstanding achievements in education and teaching
6.1.3 Complete systems for teacher evaluations, making the methods and standards for teacher evaluations fair, just, regulated, and transparent
6.2 Objectively and fairly assess students 6.2.1 Teachers are to have objective and fair standards for the appraisal of students' conduct, daily performance, and overall caliber, which will produce positive incentives and effectively promote students' progress.
6.2.2 Teachers' performance of duties such as grading homework and correcting tests are to do so fairly and justly, scientifically and objectively appraising and setting grades
6.3 Fairly and justly give rewards and punishments

 

6.3.1 For recognitions and rewards for faculty, staff and students, the rules for selections and recommendations are to be clear and fair, the procedures are to be good, the processes are to be transparent, and the results are to be open
6.3.2 Schools are to justly conduct educational management in accordance with school rules and discipline for students who violate rules and discipline
6.3.3 Schools are to organize teachers' study and understanding of provisions such as the "Rules for Primary and Secondary School Educational Punishments", and the "Provisions on the Protection of Minors in Schools", consider actual conditions in establishing and completing school rules and discipline, notably increasing awareness and capacity for correctly implementing educational punishments in accordance with laws and regulations, and stopping violations
VII. Full Protections. Implement the duties on the protection of minors provided for in laws, regulations, and rules, establish and complete mechanisms for the protection of students' rights and interests, fully protect students' rights and interests with notable results. 7.1 Sound institutional protections7.1.1 School leaders and staff are to fully recognize and implement their duties to protect minor students as provided in laws, regulations, and rules.
7.1.2 Have school leaders directly responsible for efforts on student protection work and clarify the specific work bodies; set up dedicated personnel for the protection of minors
7.1.3 Organize the establishment of a commission on student protection, planning and coordinating the establishment of systems related to protecting students' rights and interests
7.2 Complete work mechanisms 7.2.1 Establish mechanisms for preventing school bullying, establish a governance commission for student bullying that periodically carries out education on preventing bullying and bullying investigations, and can objectively identify and promptly and effectively address student bullying incidents
7.2.2 Establish work mechanisms for professional tutoring, conducting corrections and support for students with negative conduct
7.2.3 Strictly perform duties to make inquiries into incoming faculty, complete management rules for student dorms and video surveillance, establish mechanisms for monitoring students' mental health and physical condition
7.2.4 Schools are to draft mandatory reporting systems, and where it is discovered that students have suffered or are suspected of having suffered or face a risk of unlawful encroachments such as domestic violence, abuse, abandonment, being left unattended for extended periods, or disappearance, it is to be promptly reported to the relevant departments
7.3 Fully implement protections 7.3.1 Schools are to respect students' lawful rights and interests such as their rights in their personal dignity, likeness, intellectual property, and property, and no violations of rights are to occurr
7.3.2 Lawfully protect students' personal and family information; the collection of student information is to observe the principles of minimalization and sufficiency
7.3.3 Include correct use of the internet in education and teaching, carry out education for students on online safety, online civility, and preventing internet addiction; and install software for protecting minors online on equipment provide to minors for going online, or employ other technical measures for safety and protection
VIII. Safety and order.Schools are to establish and complete safety management systems, implement safety management responsibilities, effectively prevent and address safety incidents, and fully ensure campus safety8.1 Complete security management systems 8.1.1 School venues, buildings, facilities, equipment, cafeterias, and so forth are to comply with relevant state and local standards and regulations and periodically eliminate security risks
8.1.2 Schools are to complete and implement each security management system and have clear responsibility for safety management
8.1.3 Schools are to have leaders and personnel responsible for security efforts, schools are to allot security personnel according to standards, the relevant personnel are to understand common security problems seen at schools, commonly used laws, regulations, and rules, and measures for preventing commonly occurring incidents and methods for addressing them
8.1.4 Hygiene and safety management of food used collectively by the school is to be regulated, establish systems for principals to join meals and have open cafeteria days for parents
8.2 Complete systems for the prevention and control of safety risks 8.2.1 Complete school mechanisms for safety education, carrying out targetted education on safety topics based on students' physical and psychological characteristics and cognitive ability, and periodically organize emergency evacuation drills
8.2.2 Complete mechanisms for preventing and addressing school safety incidents, build school safety risk management systems, have plans for responding to security risks, natural disasters, and emergencies; establish effective mechanisms for joint action by police and schools, so that all types of emergency incidents can be handled promptly and appropriately
8.2.3 When students are on campus, implement closed campus management and set up hard barrier equipment at campus entrances based on capacity, to obstruct illegal entries to campus by persons and cars, etc.
8.3 Appropriately address safety incidents in accordance with law. 8.3.1 All staff are to purchase school liability insurance or comprehensive campus insurance, and establish socialized security risk sharing mechanisms through channels such as school liability insurance and comprehensive campus insurance
8.3.2 Effectively prevent the occurence of serious incidents in school responsibility; so that where safety incidents occur they can be actively addressed with the aid of government departments, social forces, professional organizations and so forth, to promptly address them and combat conduct causing a disturbance on campus in accordance with law
9. Harmony and friendliness. School campuses have distinct cultural characteristics, and the campus environment is to be friendly and harmonious, with a strong rule of law atmosphere 9.1 Establish an environment of compliance with laws and regulations 9.1.1 Campuses are to be scientifically and reasonably planned and constructed, and the campus and classrooms are to be clean and tidy with appropriate layouts; the buildings and educational and teaching facilities are to conform to corresponding standards and the characteristics of minors
9.1.2 Provide necessary conditions and reasonable facilitation for disabled students to accessibly participate in school life, and allot accessible facilities and equipment in accordance with law
9.2 Safety in the vicinity of schools 9.2.1 The school safety zone system is to be complete, with no internet cafes, game rooms, and alcohol or tobacco shops etc. illegally set in the vicinity of schools, to create an environment that is conducive to minor's physical and mental growth.
9.3 Harmonious teacher-student relationships 9.3.1 Teachers have good professional morals and style, abide by professional codes of conduct, speak in a civilized manner, and act as role models
9.3.2 Student activities should be rich, with an overall mental outlook that is healthy and uplifting, has civilized deportment, obedient, end lively, respecting teachers and having school spirit
9.4 Highlight achievements in popular legal education 9.4.1 Schools are to implement the "Outline for Youth Education on Rule of Law" and the requirements of the education system's plan for popular legal education, completing work mechanisms for popular legal education, and conducting in-depth legal education
9.4.2 Schools are to have rule of law education as part of the curriculum and periodically hold special educational activities on the rule of law
9.4.3 Actively organize students to participate in national activities on having students study and speak on the Constitution and morning reading of the Constitution on National Constitution day, and achieve exceptional results in local or national activities on having students study and speak on the Constitution
10. Accessible Remedies. Remedy mechanisms for schools', teachers', and students' rights and interests are to be complete, with accessible remedies, so that lawful rights and interests are fully safeguarded. 10.1 Complete procedures for remedies 10.1.1 Schools giving discipline sanctions or other negative dispositions to teachers are to do so with a a full basis, proper procedures, and just outcomes
10.1.2 Schools are to implement systems for complaint appeals by students and teachers, and effectively operate them.
10.1.3 Schools are to establish and implement systems for hearings, and for matters that involve teachers' and students' major interests, sactions, or appeals, the schools may proactively convene evidentiary hearings, and where teachers or students request an evidentiary hearing, an evidentiary hearing is to be convened
10.1.4 Establish mechanisms for lawfully and effectively resolving disputes between families and the school, setting up mechanisms for accepting and addressing complaints and reports, and lawfully responding to social concern
10.2 Smooth dispute resolution10.2.1 Schools are to actively protect the school's name, school assets, and other rights and interests through legal means; and provide teachers and students with support and assistance in protecting their lawful rights and interests
10.2.2 Schools are to establish systems such as days for meeting the principals and for prinicpals' mailboxes, to hear the inquiries, demands, comments, and recommendations of students and teachers and respond to them
10.3 Effective external connections 10.3.1 Effective connections between remedies for teachers and students and remedy mechanisms with education departments and judicial organs
10.3.2 Schools are to be able to respect and enforce decisions of education departments and judgments, rulings, and decisions of justice organs, actively safeguarding rights in accordance with law
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