Promulgation Date: 2021-6-1 Title: Provisions on Schools' Protection of Minors Document Number:教育部令第50号 Expiration date: Promulgating Entities: Ministry of Education Source of text: http://www.moe.gov.cn/srcsite/A02/s5911/moe_621/202106/t20210601_534640.html Relevant Commentary:
Table of Contents
Provisions on Schools' Protection of Minors
Article 1: 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: These Provisions apply to normal primary and secondary schools and vocation schools' (hereinafter simply "schools") protection of the lawful rights and interests of that school's minors in on-campus study and in their lives.
Article 3: Schools shall comprehensively implement the national education directives, implement the basic task of fostering virtue through education, promote the Core Socialist Values, teach and manage the school in accordance with law, perform legally-prescribed duties to protect students' rights and interests, complete systems for protection, and improve protective mechanisms.
Article 4: 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 for every student, respecting students' rights, and listening to students' opinions.
Article 5: The administrative departments for education shall implement work duties, working with relevant departments to complete systems for support measures and service systems for the protection of schools' students, and strengthen support, guidance, oversight, and assessment of efforts to protect the school's students.
Article 6: Schools shall treat each student equally and must not discriminate against students or treat them differently due to their ethnicity, race, sex, household registration, profession, religion, education level, family situation, or physical or psychological health, or that of their parents or other guardians (hereinafter parents).
Article 7: Schools shall implement security management duties, protecting students' physical safety on campus. Schools must not organize or arrange for students to engage in disaster rescue or participate in dangerous work, and must not arrange for students to participate in commercial activities and other activities unsuitable for student participation.
Where accidents causing physical harm to students occur on campus or at off-campus activities organized by the school, the school shall handle it appropriately based on relevant provisions, and promptly inform the student's parents; and where the circumstances are serious, they shall promptly report to the relevant departments.
Article 8: Schools must not establish management measures that restrict students' physical liberty, and must not establish unnecessary restraints on students' speech and conduct such as proper interactions, games, and out-of-classroom activities during class and other non-teaching times.
Article 9: Schools shall respect and protect students' dignity, respect their reputations, protect and cultivate students' sense of honor and responsibility, and make commendations and awards open, fair, and just; and they must not use any language, actions, or methods that are derogatory or insulting of groups to which students or their parents belong during education or management.
Article 10: Schools shall notify students and their 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 destroy it, or illegally delete, leak, disclose, or sell it.
Schools must not leak students personal and familial private information in work such as giving awards, funding, or applications for financial aid; and schools shall facilitate students and their parents' learning of students' academic information such as test scores and rank, but must not publicly disclose it and must not announce students promotions; and must not access students' letters, diaries, e-mail, or other online communications except for legally-prescribed matters.
Article 11: 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.
Reasonable facilitation shall be provided for students with physical or psychological impediments, carrying out integrated education and giving them special support; and education and asistance shall be given to students with learning difficulties or abnormal conduct in an appropriate manner, and when necessary assistance and support may be given through means such as arranging for after-class tutoring by teachers or designated persons.
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 12: Compulsory education schools must not expel or indirectly expel students, and must not deprive students of their right to receive and complete compulsory education through methods such as stopping class for long periods or encouraging them to drop out; students that have been transferred to specialized schools shall remain enrolled, and they must not be refused when the organ that made the decision to transfer them decided to return them.
Compulsory education schools shall implement enrollment management systems, and complete reporting and recording systems for students who drop out or request extended leave and shall promptly encourage the return of students who drop out, and report to the relevant management departments where the encouragement is ineffective.
Article 13: 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; and they must not uniformly require students to arrive at school before the provided class time to participate in courses and educational activities.
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.
Article 14: Schools must not employ methods that harm property to conduct educational management, items brought to campus by students that violate laws or rules are to be temporarily seized as provided and shall be uniformly managed and handled in accordance with relevant provisions.
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 15: Where schools release, compile, publish or otherwise use student works, or use students' images in publicity or public disclosures, they shall obtain the permission of the students and their parents, and protect the students' rights in accordance with law.
Article 16: Schools shall respect students' right to participate and rights of expression, to guide and support students' participation in the drafting of 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 17: Where schools carry out educational punishments or sanction students it shall be based on relevant provisions, they shall hear the students' statements and justifications, and respect the principles of prudence, fairness, and equity in making their decisions.
Except for sanctions of unenrolling, time limits shall be set for student sanctions, and follow-up observation and targeted 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.
Article 18: Schools shall implement laws and regulations to establish systems for the work of preventing and controlling student bullying, preventing sexual violations and sexual harassment, and other special protections, and establish zero-tolerance mechanisms for handling acts of student bullying, sexual violations, or sexual harassment, and mechanisms for the care and support of students that are harmed.
Article 19: Schools shall establish internal organizations for handling student bullying with the relevant persons, vice-principals for the rule of law, legal consultants, relevant experts, parent representatives, student representatives, and others participating, to be responsible for the prevention of student bullying, publicity and education, organizing determinations, implementing corrections, providing support, and so forth.
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.
Article 20: 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 21: Where teachers and staff discover students carrying out the following conduct, they shall stop them immediately:
(1) Beating, kicking, slapping, scratching, biting, pushing, pulling, and other acts infringing on others' persons, or intimidation or threatening of others;
(2) Acts violating others' personal dignity such as by insulting, mocking, ridiculing, mimicking, or giving derogatory nicknames;
(3) Robbing, taking by force, or intentionally destroying others' property;
(4) Maliciously excluding or isolating others, impacting their participation in school activities and social interactions;
(5) Using networks or other means of information transmission to distort facts and defame others, spread rumors, belittle others with false information, or to maliciously transmit others' private personal information.
Where the acts in the preceding paragraph are carried out intentionally or maliciously between students by the side that has an advantage in terms of age, physique, or numbers, or they otherwise repress or berate the other side causing physical injury, harm to property, or emotional damages, it may be found to constitute bullying.
Article 22: Teachers and staff shall pay attention to students who might be at a disadvantage due to physical capacity, family background, or academic performances, or students with a special status, and where finding that students are isolated, excluded, or so forth, shall promptly intervene.
Where teachers and staff discover that students have clearly emotional irregularities, physical injuries, and so forth, they shall promptly communicate with them to learn about the situation, and where there may be bullying shall promptly report to the school.
Schools shall educate and support students' proactive and prompt reporting of bullying they discover, to protect their lawful rights and interests and those of others.
Article 23: Where schools receive reports about bullying, they shall immediately conduct an investigation, and where they find that it might constitute bullying shall promptly submit it to the student bullying organization for a designation and handling, and notify relevant students and parents to participate in the determination and handling. Where a designation of bullying is made, an educational or disciplinary sanction shall be made against the students that carried out or participated in the bullying, and their parents are to be requested to strengthen discipline; when necessary the vice-principal or tutors for the rule of law may admonish or educate the students and their parents.
Schools must not conceal serious bullying behaviors that violate the administration of public security or are suspected crimes, and shall promptly report them to the public security organs or administrative departments for education, and cooperate with the relevant departments to address them.
In cases of student bullying between students at different schools, a joint administrative mechanism shall be established under the guidance of the administrative departments for education to conduct designation and handling.
Article 24: 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 and sexual harassment.
Schools shall employ necessary measures to prevent and stop teachers, staff, and other persons entering campus from carrying out the following acts:
(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 audiovisual, image, or textual materials with obscene or pornographic content;
(6) Other illegal or criminal acts of sexual harassment or sexual violations.
Article 25: Schools shall draft school discipline codes to regulate staff and student behavior. The content of school discipline codes shall be lawful and reasonable, 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 26: 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 and reported for filing to the administrative departments for education.
Schools must not cooperate with training institutions outside the school to provide courses or tutoring for fees.
Article 27: 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.
Article 28: Schools shall set up libraries and class book corners in accordance with provisions, allowing 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 strengthen management of the environment for reading and campus culture, prohibitting reading materials, images, audiovisual materials, and so forth from entering campus where they contain content harmful to the physical and psychological health of minors such as obscene, pornographic, violent, cult, superstitious, gambling, terrorist, separatist, or extremist content, as well as commercial advertising, and phenomena contrary to the Core Socialist Values.
Article 29: 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 natural disasters, emergency incidents, extreme weather, and accidental injuries, alloting corresponding facilities and periodically organizing necessary drills.
When students are on campus, schools shall implement closed campus management, prohibiting unaffiliated persons from entering campus.
Article 30: Schools shall educate and remind students and their parents in an appropriate fashion that students should avoid the use of stimulants, sedatives, analgesics, or other addictive drugs; and where it is discovered that students are using them, shall stop them and report to the departments in charge or public security organs, and the parents shall be promptly notified except where students are using them to treat illness as prescribed by a practicing physician.
Article 31: Schools shall establish systems for oversight of students' fitness, and where it is discovered that students have tendencies such as for poor diets, nearsightedness, obesity, or tooth decay, or have bad habits that reduce fitness, they shall conduct necessary management and intervention, and notify the parents, urging and guiding the parents to make corrections.
Schools shall improve management systems to ensure students' use of school and sporting facilities to carry our exercise and training before and after class, and during weekends and holidays open them to students and minors in the area either for free or at a discount.
Article 32: Schools shall establish systems for education and management of student's psychological wellbeing, establishing early discovery and prompt intervention systems for student's psychological health issues, and use diverse methods such as alloting full or part time mental health educators, establishing psychological counseling rooms, or using procurement of professional social work services, and other such methods to provide students with professional and individualized guidance and services.
Schools with the capacity may regularly organize assessments of the psychological situation of staff, guiding and assisting staff to treat students with a positive and optimistic attitude.
Article 33: Schools may 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, except as necessary.
Article 34: Schools shall include the scientific, civil, safe, and reasonable use of the internet in the curriculum, and conduct education on online safety, online civility, and the prevention of internet addiction, to prevent and intervene in students' excessive use of the internet.
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, services, or information contains content that is harmful to the physical or psychological health of minors, or where students are carrying out illegal activities using the internet, measures shall be employed immediately and it shall be reported to the relevant regulatory departments.
Article 35: There must not be smoking or drinking on campus by any person. Schools shall set up indications in conspicuous places prohibiting smoking and drinking and must not name schools, school buildings, facilities, equipment, or any kind of school or competition activity after tobacco or alcohol brands.
Article 36: Schools shall strictly enforce systems for reporting hires and entry inquiries, and must not employ persons in the following circumstances:
(1) Persons who have been deprived of political rights or received a criminal punishment of a prison term or higher for intentional crimes;
(2) Persons who have received an public security administrative sanction for prostitution, soliciting prostitutes, drug use, gambling, or other such illegal conduct;
(3) Persons who were fired or dismissed for abusing, sexually harassing, corporally punishing, or berating students, or for other such conduct;
(4) Persons that carried out other conduct included in the scope of professional prohibitions for the education field.
Schools recruiting teachers or bringing in volunteers, social workers, and other non-school personnel, shall require the relevant personnel to submit written pledges; and inspections are to be periodically carried of employed persons in accordance with provisions, and shall promptly dismiss any who it is discovered have the circumstances described in the preceding paragraph.
Article 37: Where schools discover that a planned hire or employed staff member is in the following situations, the shall conduct an assessment of whether the relevant personnel meet the requirements for the post, and when necessary may arrange for third-parties with professional qualifications to conduct an assessment, and use the outcome as the basis for a whether to hire them, adjust their position, or dismiss them:
(1) They have a history of mental illness;
(2) They have a history of serious excessive drinking or abusing psychotropics;
(3) They have other physical or psychological illnesses that might be harmful to minors' physical or psychological health or might have a negative impact.
Article 38: Schools shall strengthen management of teachers and staff, preventing and stopping staff from carrying out conduct that is prohibited by laws, regulations, rules, and teachers' codes of conduct. Schools and their teachers and staffs must not carry out 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, for the purpose of seeking benefits;
(3) Organizing or requiring students to participate for-profit courses off-campus; or cooperating with non-school institutions or individuals to provide for-profit services to students;
(4) Enticing, organizing, or requiring students or their parents to register on certain for-profit websites, and participate in video broadcasts, online purchasing, online voting, ballot rigging, 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 the authority to manage students to seek improper benefits.
Article 39: Where schools allot or use school vehicles based on the Regulations for Managing the Safety of School Vehicles, they shall establish and complete systems for school vehicle safety management in accordance with law, explain school vehicle passenger safety to students, and cultivate students' ability to respond to school vehicle safety incidents.
Article 40: Schools shall periodically inspect the campus and surrounding environment, and where it is discovered that there are business premises or commercial networks established near the school that are prohibited by law, they shall promptly employ measures to address it and report to the education department in charge or other regulatory departments.
Schools and their teachers and 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 shall immediately stop and educate them, and give feedback to the departments in charge of the venues.
Article 41: Principals are the first person responsible for protecting students and the school. Schools shall designate one school leader to have direct responsibility for the school's protection efforts and clarify the specific work bodies for carrying out protection efforts, and where they have the capacity they may establish designated student protection personnel to carry out student protection efforts. Schools shall provide capacity and support for personnel undertaking student protection work to receive related legal, ethical, and technical training and support, and special training for staff carrying out student protection work.
Schools with the capacity may integrate organizations 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 42: Schools should establish educational concept with cherishing life at their center, using safety education, mental health education, environmental protection education, health education, anti-drug and AIDS prevention education, and other special topic education to guide students to love and respect life; and carry out targeted education on adolescence and sex education, to make students understand knowledge about physiology and health, and to increase their ability to protect themselves from and defend against sexual harms and sexual harassment.
Article 43: Schools shall consider the requirements of related courses 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, and also carry out focused education on crime prevention.
Article 44: Based on actual conditions, schools may form professional counseling work mechanisms in which the school's responsible parties, teachers, vice-principal or tutor for the rule of law, and professionals from fields such as justice and psychology participate, to carry out corrections and support for students with negative conduct; and schools shall cooperate with the relevant department in carrying out disciplinary education and assistive support for students with serious negative conduct; and where they are unable to look after them or are ineffective in doing so, they may submit an application to the administrative departments for education in accordance with law for a transfer to a specialized school to receive specialized education.
Article 45: Before schools make decisions related to student's rights, they shall notify the students and their parents, and hear their opinions, adopting them in light of the circumstances.
Schools shall give play to the roles of student associations, young pioneers congresses, Communist Youth Leagues, and other student organizations in guiding and supporting student participation in the protection of rights and interests, and may arrange for student representatives to participate in mediation of student disputes or other violations of students rights and interests where the circumstances are minor.
Article 46: Schools shall establish effective mechanisms for contact with parents, establishing communication with students' parents through diverse methods such as 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 mental health 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 47: 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 d report it for recording with relevant departments such as for public security, civil affairs, and education. Schools shall actively participate and cooperate with relevant departments to complete efforts to investigate and handle cases of violations of students' rights.
Article 48: After teachers and staff discover violations of students' rights that are within the scope of their professional work, they shall promptly address them; where it is 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 responsible school personnel; and when necessary, they may directly report to the administrative departments for education or the public security organs.
Article 49: 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 mental health 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 classes, the school shall support it if they find it is necessary.
Article 50: The administrative departments for education shall actively explore mechanisms for coordinating with people's procuratorates, people's courts, public security, justice, and civil affairs, emergency response and other departments, as well as mass organizations that are engaged in efforts to protect minors, to strengthen guidance and oversight of the schools' efforts to protect students.
Article 51: 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 establishment of systems for entrance and periodic inquiries.
Article 52: The administrative departments for education may use government procurement of services to organize social organizations, professional bodies, and other social forces with corresponding qualifications to provide the school with legal consultation, psychological counseling, behavioral corrections, and other professional services, to provide support in preventing and addressing cases of infringement on student rights.
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 53: The administrative departments for education shall designate specialized bodies or individuals to take responsibility for overseeing the protection of students, and where they have the capacity they may set up full or part time personnel responsible for efforts to protect minors and for handling or guiding the handling of student bullying, sexual violations and sexual harassment, 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 the resolution of disputes involving the school.
The persons responsible for duties on the protection of students shall receive specialized training and have the knowledge and abilities necessary for the protection of students
Article 54: The administrative departments for education shall phone lines, email, or other channels for complaints and reports, to accept complaints and reports about the school or staff violating these provisions or other laws and regulations and violations of students' rights through complaint and r; 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 55: In conjunction with the civil-affairs departments, county-level administrative departments for education shall promote the establishment of social organizations for the protection of minors, assisting in accepting complaints and reports involving the rights and interests of minors, carrying out investigations and dispositions of cases of harms to minors' rights and interests, and guiding and supporting schools, teachers, staff, and parents in carrying out efforts on student protection.
Article 56: 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.
All levels of educational guidance body shall include school's efforts on protection of students in assessments of the government's performance of educational duties and school's oversight.
Article 57: 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 administrative departments for education shall order corrections, and in light of the circumstances and consequences shall admonish and speak with the directly responsible persons, or other responsible persons, circulate criticism, give sanctions in accordance with relevant provisions and the scope of authority to the school's principal responsible person, 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 58: Where schools fail to perform their responsibility to manage and oversee teachers and staff, resulting in violations or crimes by teachers that seriously infringe on the physical or psychological health of students, or where there are acts such as harboring or concealing, interfering with case reporting, or obstructing investigations, or taking revenge against students, the departments in charge shall give sanctions to the principle responsible person or directly responsible persons or order the school to do so; and where the circumstances are serious shall transfer it to the relevant departments for handling, and where a violation or crime is constituted, are to lawfully pursue criminal responsibility in accordance with law. Where insufficient oversight and management causes serious consequences, the responsible principal must not serve in a position as principal for 5 years.
Article 59: Where schools fail to follow provisions on establishing mechanisms for the protection of students' rights and interests, or draft school rules that violate provisions of law or of these Provisions, the departments in charge of education are to order that corrections be made in a set period of time and circulate criticism; where the circumstances are serious, the impact is larger, or corrections are not made in time, they may give sanctions to the school's principle responsible person and directly responsible persons, or order the school to do so.
Article 60: Where teachers or staff violate these Provisions, the school or the department in charge of education is to handle it in accordance with provisions on the management of public institution personnel and primary and secondary school teachers.
Where teachers and staff carry out the conduct prohibited in paragraph 2 of article 24 of these Provisions, they shall be fired or dismissed in accordance with law; and where they have teaching credentials, the administrative departments for education in charge is to revoke the credentials and enter them in the list of persons barred from the profession, and where a crime is suspected, it shall be transferred to the relevant departments to be pursued in accordance with law.
Where teachers or staff violate the provisions of article 38 to seek improper interests, they shall be ordered to return any fees or interests collected, and where economic losses were caused to students, they shall be ordered to give compensation in accordance with law, and sanctions are to be given in light of the circumstances; where it is suspected of being a violation or crime, it is to be transferred to the relevant departments for responsibility to be pursued in accordance with law.
Based on actual conditions, schools shall establish and complete hiring and management systems and employment contracts for other campus employees, and where other personnel violate these provisions, they are to be given school sanctions based on the severity up to being dismissed; where there are suspected violations of public security administration or crimes, it is to be transferred to the departments to be pursued in accordance with law.
Article 61: Where administrative departments for education fail to perform their duties to guide and oversee schools, and a school in their jurisdictional region has serious violations of students' rights and interests, a higher level administrative department for education or educational guidance body is to order corrections and circulate criticism; where the circumstances are serious, the responsibility of the principle responsible person or directly responsible persons is to be pursued in accordance with law.
Article 62: Based on the physical and psychological characteristics of minors, kindergardens and special education schools shall increase protections of the lawful rights and interests of minors' on their campus on the basis of these Provisions, and establish protection mechanisms with reference to these Provisions and consideration of the actual circumstances.
The Provisions shall be applied to give a heavier punishment for violations of duties to protect by kindergartens and special education schools and their staffs, and in handling violations of on-campus students' lawful rights and interests.
Article 63: These Provisions take effect on September 1, 2021.