Provisions on the Protection of Minors' in Schools (draft for solicitation of comments)



Chapter I: General Provisions

Article 1: (Legislative Purpose) These Provisions are drafted on the basis of the PRC Education Law, the PRC Law on Protection of Minors, and other laws and regulations so as to implement schools' duty to protect, to safeguard minors' lawful rights and interests, to promote the comprehensive development of minors in ethics, knowledge, body, aesthetics, and labor, as well as their healthy upbringing.

Article 2: (Scope of Application) These Provisions apply to primary and secondary schools', and secondary vocational schools', protection of the lawful rights and interests of minors in that school (hereinafter collectively 'students') while on campus.

Article 3: (Protection Principles) School's efforts to protect their students shall adhere to the principle of the best interest of the juveniles, emphasizing the combination of protection and education, and being suited to the rules and characteristics of student's physical and psychological development; showing care and concern and equal protection for every student, respecting students' rights, and listening to students' opinions.

Article 4: (School Duties) Schools shall comprehensively implement the national education directives, persist in the basic task of fostering virtue through education, promote the Core Socialist Values, teach and manage the school in accordance with law, carry out legally-prescribed duties to protect students' rights and interests, complete systems for protection, and improve protective mechanisms.

Article 5: (Departmental Duties) The administrative departments for education shall implement work duties, working with relevant departments to complete systems for support and service systems for the protection of schools' students, and strengthen guidance, oversight, and assessment of efforts to protect the school's students.

Chapter II: Types of Protections

Article 6: (Physical Safety) Schools shall implement security management duties, protecting students' physical safety on campus. Schools must not organize or arrange for students to engage in disaster relief and rescue or commercial activities, must not arrange for students to participate in dangerous work that is toxic or harmful, as well as other activities that not suitable for students to participate in.

Where accidents causing physical harm to students occur on campus or at off-campus activities organized by the school, the school shall immediately provide aid and handle it appropriately, and promptly inform the student's parents or other guardians (hereinafter collectively 'parents'); and where the circumstances are serious, they shall promptly report to the relevant departments.

Article 7: (Personality Rights and Interests) Schools shall respect and protect student's personality rights, respect student's reputations, and cultivate student's sense of honor and sense of responsibility. Schools shall establish and complete rules and procedures for student commendations and rewards, making them open, fair, and equitable.

Schools must not disclose students' personal test scores or rank, and must not publicize students' advancement; and must not leak students' personal and familial private information in work such as giving awards, funding, or applications for financial aid.

Schools shall notify parents when collecting students' personal information, and have obligations to manage and preserve the confidentiality of the information they obtain on students and their families, they must not conceal or destroy it, or illegally delete, disclose, transmit, or sell it.

Article 8: (Equal Protection) Schools shall treat every student equally and must not discriminate against students or treat students differently on the basis of their, or their parents', ethnicity, race, sex, household registration, profession, religious belief, education level, family status, physical health, academic ability, and other such circumstances.

Article 9: (Safeguards of Freedoms) Schools shall safeguard student's freedom of speech and action while they are in school, and must not set up management measures that infringe on students' physical liberty except as necessary to preserve the normal order of education and teaching, and must not put unnecessary restraints on students' speech and conduct.

Article 10: (The Right to Receive an Education) Schools shall respect and protect students' right to receive an education, ensure student's equal use of educational and teaching facilities and equipment, and equal participation in all types of activities arranged in education plans, and that academic performance and character are fairly assessed.

Schools shall provide reasonable facilitation for students with physical or psychological impediments, carrying out integrated education and giving them special support; and the school shall educate and assist students with learning difficulties or abnormal conduct in an appropriate manner, and when necessary may give assistance and support through means such as arranging for after-class tutoring by teachers or designated persons as needed.

Schools shall establish files for left-behind children and children with financial hardship, cooperating with the relevant government departments to complete efforts for their care and support, to avoid students dropping out of school due to family situations.

Article 11: (Compulsory Education) Schools providing compulsory education must not deprive students of their rights to receive an education through means such as stopping classes for a long time or urging them to drop out, and must not expel or indirectly expel students. Students transferred to specialized schools [reform schools] shall maintain their enrollment and students being transferred back must not be refused.

Compulsory education schools shall implement enrollment management systems, and complete systems for the registration of students who drop out, urging their return to schools, and giving written report; and where encouragement to enter or return to school is unsuccessful, they shall report to the county-level administrative departments for education and the county-level administrative departments for education are to criticize and educate the students and order them to make corrections in a set period of time.

Article 12:(The Right to Rest) Schools shall scientifically and reasonably arrange rest time for students on campus as provided, to ensure that students have opportunities and time for rest, participation in leisure activities, and exercise. Schools must not ask students to come to school before the provided start of class to participate in unified teaching activities, and must not restrict students' activities outside of classrooms during breaks.

Compulsory education schools must not occupy legally-prescribed national holidays, vacation days, and summer and winter breaks by organizing group make-up classes; and must not occupy students' rest time through methods such as group make-up classes.

Schools shall strengthen the management of homework, guiding and overseeing teachers in giving scientific and appropriate homework as provided, and must not increase the amount of homework beyond the set limits increasing student's academic burden.

Schools shall strengthen communication with parents to jointly cultivate good work habits in students and ensure students sleep at home.

Article 13:(Property Rights) Schools shall protect students' property rights and must not adopt methods that destroy property to manage students' education. Where it is necessary to temporarily take items from students, they shall be returned to the student or their parents after the impact has been removed, and where the period of confiscation exceeds one month the parents shall be notified. The period of confiscation must not exceed one semester.

Schools must not collect fees from students in violation of provisions, must not make mandatory requests or conditions for students and their parents to make donations, or purchase goods or services, and must not require parents to provide material assistance or services that require payment, and so forth.

Article 14: (Likeness and Intellectual Property Rights) Where schools produce, use, or disclose students' likenesses or release, make collections, publish, or otherwise use student works, they shall obtain the permission of the students and their parents, and protect students' rights in accordance with law.

Article 15: (The Right of Participation) Schools shall respect students' right to participate and rights of expression, to guide and support students' participation in the drafting school charters, rules, and class covenants, and when handling matters related to students' rights and interests shall listen to student's opinions in an appropriate manner.

Article 16 (The Right to Appeal) Where schools sanction students or carry out educational punishments against students, they shall explain the reasons to students and their parents as provided and hear their explanations and justifications, respecting the principles of prudence, fairness, and equity in making their decisions.

Time limits shall be set for student sanctions, and follow-up observation and targetted education shall be carried out for sanctioned students to confirm that they reform, and this shall be lifted at the end of the sanction period. After sanctions are lifted, students' rights such as to receive commendations and awards are no longer to be impacted by the sanction.

Chapter III: Protection Systems

Article 17: (Management of School Rules) Schools shall draft school discipline codes to regulate student behavior. The content of school discipline codes shall be reasonable and lawful, the drafting procedures shall be complete, and they shall be disclosed to students and parents and reported for filing with the departments in charge of the school as requested.

Article 18 (Management of Teaching) Schools shall strictly implement the national curriculum plan, and expand and enrich curricula, select teaching materials, and teaching aids as requested. Courses developed or introduced by the school shall be subject to scientific hearings or certified by the competent departments.

Schools must not cooperate with training institutions outside the school to provide courses or tutoring for fees.

Article 19 (Management of Reading Materials) Schools shall actively establish libraries and class book corners, allotting reading materials suitable to the cognitive ability with positive and uplifting content to create a good environment for reading, cultivate students' reading habits, and increase the quality of their reading.

Schools shall prohibit reading materials, and audio-visual materials, information, and commercial advertisements that are not conducive to minor's physical and psychological health from entering campus.

Article 20: (Safety Management) Schools shall establish and complete systems for the prevention and control of safety risks; improve management systems for safety, hygiene, and food as provided; provide education and teaching facilities and equipment that meet standards; and draft response plans for emergency incidents and accidental injuries, allotting corresponding facilities and periodically organizing necessary drills.

When students are on campus, schools may implement closed campus management, prohibiting unaffiliated persons from entering campus without permission.

Article 21 (Management of Medicines) 学校应当以适当方式教育、提醒学生除非因治疗需要并经执业医师诊断外,不得使用兴奋剂或者镇静催眠药、镇痛剂等成瘾性药物;发现学生使用的,应当予以制止并向主管部门或者公安机关报告。

第二十二条(体质管理) 学校应当建立学生体质监测制度,发现学生出现营养不良、近视、肥胖等倾向或者有导致体质下降的不良行为习惯,应当及时进行管理、干预。

第二十三条(心理健康) 学校应当建立学生心理健康教育管理制度,建立学生心理问题的早期发现和及时干预机制,通过购买专业社工服务、引入心理学专业教师、建设心理辅导室等多种方式为学生提供专业化指导和服务。

第二十四条(禁烟禁酒) 学校应当设置明显标志并禁止任何人在校园内吸烟、饮酒,不得以烟草、酒精制品品牌冠名校名、教学楼以及其他设施设备。

Article 25: (School Vehicle Management) Based on the circumstances, schools may use school vehicles. Schools using school vehicles shall establish and complete systems for vehicle safety management, appoint safety management personnel, periodically conduct safety inspections of school buses, conduct safety education for school vehicle drivers, and explain school bus passenger safety to students to cultivate the students' ability to respond to school bus safety incidents.

Article 26: (Network Management) Schools shall include safe and reasonable use of the internet in course content, conducting education for students on online safety, online civility, and preventing internet addiction, to prevent and intervene in student internet addiction.

Schools shall prohibit students from bringing mobile phones and other smart terminal products on campus or using them on campus, and where they are given permission to bring them, the schools shall uniformly manage them and prevent their being brought into classrooms.

Facilities provided by schools for students to go online shall have software for protecting minors online installed or employ other security and protection measures to avoid students encountering information that is inappropriate for minors to encounter, and where it is discovered that online products or services contain information that is harmful to the physical or psychological health of minors, they shall immediately stop their use and report to the competent departments, and where violations or crimes are suspects, they shall also report to the public security organs.

Article 27: (Teacher Management) Schools shall strengthen teacher's professional ethics, to prevent and stop teachers and staff violations of professional ethics and legally-prescribed duties or perception of acts infringing on students' lawful rights and interests.

Schools shall manage and oversee teachers and staff from exploiting their position to facilitate the following conduct:

(1) Exploiting student management tasks or recruitment tests, award selections, recommendations, and assessments, to seek benefits, accept property, hospitality, or other interests from students or their parents in any form;

(2) Making sales to students or requiring or directing students to purchase certain study aid books, practice volumes, study materials, or other goods and services;

(3) Organizing or requiring students to participate in for-profit courses on or off-campus that they organized, participate in, or are stakeholders in; or cooperating with non-school institutions or individuals to provide for-profit services to students;

(4) Enticing, organizing, or requiring students to register on certain for-profit websites, and participate in video broadcasts, online purchasing, or other such activities;

(5) Illegally providing or disclosing student information, or using student information in their control to seek benefits;

(6) Other conduct using students to seek improper benefits.

Article 28: (Campus Management) Schools shall periodically make inspection patrols of the campus and surrounding environment, and where they discover risks, business venues with a negative impact on students, or violations of laws and regulations, they shall promptly employ corresponding measures and report to the departments in charge or other relevant departments.

Schools and their staff must not arrange, entice, or organize students to enter for-profit entertainment venues, internet access service venues, video game arcades, bars, and other venues not suitable for minors' activities; and where it is discovered that students have entered the venues described above, they should immediately stop and educate them, and give feedback to the departments in charge of the venues.

Chapter IV: Special Protections

Article 20: (Requirements for Prevention and Control) Schools shall implement laws and regulations to establish systems for the work of preventing and controlling student bullying, sexual violations, sexual harassment, and so forth, and establish zero-tolerance mechanisms for handling acts of student bullying, sexual violations, or sexual harassment.

Article 30: (Education on the Prevention of Bullying) Schools shall educate and guide students to establish equal, amicable, and mutually assistive relationships with classmates, organizing staff to study policies, measures, and means of preventing and addressing student bulling, and carry out special topic education for students, and based on the circumstances shall give student's parents necessary family education and guidance.

Article 31: (Prevention and Control Mechanisms) Schools shall establish a committee on student bullying in which legal advisors, relevant experts, parent representatives, others from outside the school participate, to strengthen prevention and control, publicity and education on student bullying, and organizing the identification of bullying, carrying out corrections, and provision of assistance.

Schools shall periodically carry out surveys of the entire student body on the prevention and handling of bullying to assess whether the school has circumstances such as bullying and of their procedures.

第三十二条(欺凌制止) 教职工发现有学生实施下列行为的,应当及时制止:







第三十三条(欺凌关注) 教师应当关注身体条件、家庭背景或者学习成绩等原因可能处于弱势或者特殊地位的学生,发现学生存在被孤立、排挤等情形的,应当及时干预。


第三十四条(欺凌处置) 学校接到教职工关于学生欺凌的报告或者学生、家长举报投诉的,应当立即开展调查,认为可能构成欺凌的,应当及时提交学生欺凌治理委员会认定和处置。 通知实施双方学生家长参与欺凌行为的认定和处理。 认定构成欺凌的,应当对实施欺凌行为的学生作出教育惩戒或者纪律处分。



Article 35: (Prevention of Sexual Violations) Schools shall establish and complete norms for interactions between staff and students, provisions on security management in student dorms, provisions on video monitoring, and other such systems, and establish working mechanisms for preventing, reporting, and addressing sexual violations.

Schools shall employ necessary measures to prevent and stop teachers, staff, and other persons entering campus from carrying out the following acts that are harmful to students physical and psychological health:

(1) Having romantic or sexual relationships with students;

(2) Acts of molestation such as fondling or intentionally touching certain parts of students' bodies;

(3) Flirting, teasing, or making sexually suggestive comments or actions towards students;

(4) Displaying or playing pornographic or obscene information, publications, films, videos, pictures, or other obscene materials to students;

(5) Being in possession of obscene or pornographic audiovisual, image, or textual materials that have minors as their subject;

(6) Other illegal or criminal acts of sexual harassment or sexual violations.

Schools shall carry out regularized education on preventing sexual violations for students and parents based on the physical and psychological developmental characteristics of minors, to enhance students' awareness and ability to protect themselves.

Article 36: (Inquiries for incoming staff) Schools shall strictly carry out systems of reporting on entry into positions and making inquiries to approve entry, and when recruiting teachers or bringing in volunteers, social workers, and other non-school personnel, shall require the relevant personnel to report on whether they have any illegal or criminal activity and or other negative character making them unsuitable to engage in the work of teaching minors, and submit a written pledge.

Schools shall conduct inspections and annual reviews as provided, and where it is discovered that personnel have the circumstances provided for in article 47, they must not be hired, and where they are already hired, they shall be promptly dismissed.

Chapter V: Protection Mechanisms

Article 37: (Professional Bodies) Principals are the first person responsible for school protection and shall designate one school leader to have direct responsibility for the school's protection efforts and clarify the specific working mechanisms for carrying out protection efforts. Schools are to provide capacity and support for personnel undertaking student protection work to receive related legal, ethical, and technical training.

Schools with the capacity may integrate organizational bodies and working mechanisms such as for the prevention of bullying and for disciplinary sanctions, forming a student protection committee responsible for the overall protection of student interests and establishment of related systems.

Article 38: (Life Education) Schools should establish an educational concept with caring for life at its core, forming a system of education content that links each phase of learning and is incrementally progressive and comprehensively systematic, fully using education on special topics such as on adolescence, safety, psychology, health, environment, resisting drugs, and AIDS to carry out flexible education and teaching activities, and leading students to love and respect life, and establishing a positive life view.

Article 39: (Legal Education) Schools shall follow the 'Outline on Youth Legal Education' and consider the requirements of related courts to carry out legal education with education on the Constitution at its core and emphasizing education on rights and obligations, revolving around students physical and psychological characteristics and parental demand, in order to foster students' establishment of a correct conception of rights, forming respect for the rights of others and awareness of lawfully safeguarding their own lawful rights, and also carry out focused education on crime prevention.

Article 40: (Professional Cooperation) 学校可以根据实际组成由学校相关负责人、教师、法治副校长(辅导员)、司法和心理等方面专业人员参加的专业辅导工作机制,对有不良行为的学生进行矫治和帮扶;对有严重不良行为或者构成犯罪但未受到刑事处罚的学生,应当配合相关部门依法进行管教帮扶。

Article 41: (Student Participation) Before schools make decisions related to student's rights, they shall notify the students and their parents, and hear their comments.

Schools are encouraged to guide and support student representatives' participation in the protection of student rights and interests, and may arrange for student representatives to participate in the mediation of minor student disputes or other situations that infringe on the rights of students.

Article 42 (Home-School Communication) Schools shall establish effective mechanisms for contact with parents, establishing communication with students' parents through diverse methods such as phone calls, home visits, parent classes, and parent associations.

Schools shall establish systems for reporting students' major physical or psychological illness to promptly inform parents of students' physical and psychological condition; and where schools discover that students' have a clearly irregular physical state or emotional reactions, the onset of disease, or are injured, they shall promptly notify the students' parents.

Article 43: (Mandatory Reporting) Where schools, teachers, and staff discover that students have suffered or are suspected of suffering domestic violence, abuse, abandonment, being left unattended for long periods, disappearances, or other unlawful violations, or are at risk of facing illegal violations, they shall promptly report the case or give information to the public security organs as provided and report it for recording with the departments in charge of education. Schools shall actively participate and cooperate with relevant departments to complete efforts to investigate and handle cases of violations of students' rights.

Article 44 (First-response Responsibility) After teachers and staff receive reports of violations of students' rights that are within the scope of their professional work, they shall promptly address them; where matters are not within the scope of their professional work or they cannot address them, they shall promptly report them to the teacher in charge or the directly responsible school personnel; and when necessary, they may directly report to the departments in charge of education or the public security organs.

Article 45: (Special Protections) Where students request protection from the school due to abandonment or abuse, the school must not refuse or pass the buck, and where it is necessary to employ aid measures it shall first provide aid.

Schools shall show concern and care for students, and provide psychological counseling and assistive education for students that suffer physical or psychological injuries. Where bullying causes physical or psychological injury to a student and there is no way for them to continue studying in that class and their parents request they change classed, the school can support it if they find it is necessary.

Chapter VI Support and Oversight

Article 46: (Departmental Cooperation) The administrative departments for education shall actively explore mechanisms for coordinating with people's procuratorates, people's courts, public security, justice, and civil affairs departments, as well as mass organizations that are engaged in child protection work, to strengthen guidance and oversight of the school's efforts to protect students.

Article 47: (Restrictions on Employment) The administrative departments for education shall work with other relevant departments to complete a list of teachers with professional prohibitions and mechanisms for making inquiries, to guide and oversee the schools' hiring system, and they must not hire the following persons:

(1) Persons who have been deprived of political rights or received a criminal punishment for intentional crimes;

(2) Persons who have received an administrative punishment or sanction for prostitution, soliciting prostitutes, molestation, drug use, gambling, or other such illegal conduct;

(3) Persons who have a history of drinking excessively, abusing psychoactive medication, or other circumstances that might weaken their ability to control their conduct;

(4) Persons with other circumstances that might be disadvantageous to minors' physical or psychological health and security, or circumstances e not suited to engage in work teaching minors.


第四十八条(专业支持) 教育行政部门可以通过政府购买服务的方式,组织具有相应资质的社会组织、专业机构及其他社会力量,为学校提供法律咨询、心理辅导、行为矫正等专业服务,为预防和处理学生权益受侵害的案件提供支持。

Schools may provide transportation reimbursements and other subsidies to professionals from outside the school that participate in efforts to protect the school's students.

The administrative departments for education and schools shall sign confidentiality agreements with relevant departments, institutions, social organizations, and individuals in the course of cooperation to carry out professional services and support for the protection of students, to protect the privacy of students and their families.

Article 49: (Oversight Mechanisms) The administrative departments for education shall designate specialized bodies or individuals to take responsibility for overseeing the protection of students, responsible for handling or guiding the handling of student bullying, sexual violations, and other matters violating the rights and interests of students, and working with relevant departments to implement a school safe place system and complete working mechanisms for resolving disputes involving the school.

The persons responsible for the protection of students shall receive specialized training and have the knowledge and abilities necessary for the protection of students

Article 50: (Complaint Channels) The administrative departments for education may handle complaints and reports about the school or staff violating these provisions or other laws and regulations and violations of students' rights through complaint and reporting phone lines, email, or other channels; and where it is discovered in the course of handling them that the conduct of related persons is a suspected violation or crime, they shall promptly report it to the public security organs or transfer it to the judicial organs.

Article 51: (Assessment and Evaluation) Local administrative departments for education shall establish systems for the appraisal of efforts to protect students and periodically organize or retain third parties to conduct assessments of schools in the jurisdictions' performance of legally-prescribed duties to protect students, and the outcomes of the assessments are to be a basis for appraisals of the schools' management levels and principals' evaluations.

Chapter VII: Responsibility and Punishment

Article 52: (Management Responsibility) Where schools fail to perform duties provided in the Law on Protection of Minors or violate these Provisions to infringe on students' lawful rights and interests, the departments in charge of education shall order corrections, and in light of the circumstances and consequences shall give separate sanctions in accordance with relevant provisions and the scope of authority to the school's principle responsible person, directly responsible persons, or other responsible persons,or ask the school to do so; at the same time, they may punish the school so that it must not participate in relevant award selections and must not receive honors such as being a model or standard bearing unit.

Article 53 (Oversight Responsibility) 学校未履行对教职工的管理、监督责任,致使发生教职工严重侵害学生身心健康的违法犯罪行为,或者有包庇、隐瞒不报,威胁、阻拦报案,妨碍调查、对学生打击报复等行为的,主管教育部门应当对主要负责人和直接责任人给予处分或者责令学校给予处分;情节严重的,应当移送有关部门查处,构成违法犯罪的,依法追究相应法律责任。 因监管不力、造成严重后果而承担领导责任的校长,5年内不得再担任校长职务。

第五十四条(学校责任) 学校未按本规定建立学生权利保护机制,或者制定的校规违反法律法规和本规定,由主管教育部门责令限期改正;情节严重、影响较大或者逾期不改正的,可以对学校主要负责人和直接负责人给予处分或者责令学校给予处分。

第五十五条(教职工责任) 教职工违反本规定的,由学校或者主管教育部门依照《事业单位工作人员处分暂行规定》《中小学教师违反职业道德行为处理办法》等规定予以处理。


教职工实施第三十五条禁止的行为的,应当依法予以开除或者解聘。 有教师资格的,由主管教育行政部门撤销教师资格,纳入从业禁止人员名单,构成违法犯罪的移送有关部门依法追究责任。


第五十六条(监督责任) 教育行政部门未履行对学校的指导、监督职责,辖区内学校出现严重侵害学生权益情形的,由上级教育行政部门、教育督导机构责令改正、予以通报,情节严重的依法追究主要负责人或者直接责任人的责任。

Chapter VIII: Supplemental Provisions

第五十七条(特别适用) 幼儿园、特殊教育学校对在园、在校未成年人的保护,参照适用本规定,并应当根据未成年人身心特点,有针对性地加强保护。


Article 58: (Date of Implementation) These Provisions are to take effect on XX-XX-XXXX.


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