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Junior high school is the primary stage of the secondary school stage, which generally refers to the middle school with nine years of compulsory education, which is a stage of transition to senior high school and belongs to the category of secondary education. During the compulsory education period, schools cannot order students to repeat grades, transfer schools, suspend school, or withdraw from school, and must not expel students, and students are not to be transferred during the period of suspension or punishment.
In addition, compulsory education generally does not allow skipping grades. Students who are particularly excellent in moral, intellectual, physical, aesthetic and other aspects, and have advanced learning ability and really need to skip a grade, their legal guardians can submit a written application for skipping a grade, and after review and approval, they can skip a grade, and it is limited to the scope of the school.
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1. First of all, it is necessary to ensure that the student belongs to the nine-year compulsory education stage, that is, high school is not the compulsory education stage.
2. There is no provision that any school can expel a student. The law is based on Article 27 of the Compulsory Education Law of the People's Republic of China: The school shall criticize and educate students who violate the school management system and shall not expel them.
3. The "Compulsory Education Law" is a law in a narrow sense, and any provincial and below ** organs (including educational institutions) and even the Ministry of Education of the People's Republic of China have no right to formulate any administrative regulations, departmental rules, and local ** rules to change this provision, if the school dares to expel them, they can file an administrative lawsuit, and the legal basis is Article 27 of the Compulsory Education Law.
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Legal Analysis: It is not possible to expel a student from a junior high school. Private schools protect the lawful rights and interests of those receiving education in accordance with law. Private schools are to establish a student status management system in accordance with state provisions, and to reward or punish those who receive education.
Legal basis: Compulsory Education Law of the People's Republic of China
Article 2: The State implements a nine-year compulsory education system.
Article 27: Schools shall criticize and educate students who violate the school management system, and must not expel them.
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Junior high school students will not be expelled from school under any circumstances, and it is illegal to expel students from compulsory education.
Article 27 of the Compulsory Education Law of the People's Republic of China: Schools shall criticize and educate students who violate the school management system and shall not expel them.
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The junior high school student was expelled because the student made a mistake, was suspended from school, reflected at home, and asked the parents to sign an agreement, and the school was not responsible for the student's accident and did not sign the persuasion to transfer.
Middle school students include junior high school students and high school students, and junior high school students are not allowed to drive and suspend classes, because junior high school is compulsory education, and the state shall ensure that students receive compulsory education, and then high school students have serious violations of relevant regulations, the school may give a penalty of expulsion and suspension according to the circumstances.
The state implements a nine-year compulsory education system, compulsory education is the education that all school-age children and teenagers must receive in a unified manner by the state, and it is a public welfare undertaking that the state must guarantee, and the implementation of compulsory education does not charge tuition and miscellaneous fees, and the state establishes a compulsory education funding guarantee mechanism to ensure the implementation of the compulsory education system. It can only be educated and criticized.
To sum up, middle school students should include junior high school students and high school students. Among them, China implements compulsory education, and junior high school students cannot be expelled from class, and for high school students, if there are serious circumstances, they can be expelled from class, but this is not a casual expulsion and suspension, and the punishment can only be carried out if there are very serious circumstances.
Students in ordinary high schools and secondary vocational schools who have one of the following serious negative behaviors may be expelled from school:
1. Violating national laws and constituting a criminal offense;
2. Punishment for violating public security administrative regulations, which is of a heinous nature;
3. Continuing to violate discipline during the period of probation;
4. Absent from class for more than one month without justifiable reasons, or more than 90 class hours including 90 class hours in a semester;
5. In the unified examination at or above the municipal level, others take the test instead of or on behalf of others, or organize cheating, causing a bad impact;
6. Deliberately or maliciously bullying or insulting others through physical, verbal, online and other means, causing serious harm or having an unusually bad impact;
7. Disobeying proper management, beating or instigating others to beat up school faculty and staff, causing a vile impact or serious consequences.
Article 12 of the Compulsory Education Law of the People's Republic of China: Where schools have any of the following circumstances, the county-level people's ** education administrative department shall order corrections to be made within a set period of time; and where the circumstances are serious, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law
1) Refusing to accept school-age children or adolescents with disabilities who have the ability to receive ordinary education to study in the same class;
2) Separate key classes and non-key classes;
3) Expelling students in violation of the provisions of this Law;
4) Selecting textbooks that have not been approved.
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Legal basis: Compulsory Education Law of the People's Republic of China
Article 57: In any of the following circumstances, the county-level people's ** education administrative department shall order corrections to be made within a set period of time; and where the circumstances are serious, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law
1) Refusing to accept school-age children or adolescents with disabilities who have the ability to receive ordinary education to study in the same class;
2) Separate key classes and non-key classes;
3) Expelling students in violation of the provisions of this Law;
4) Selecting textbooks that have not been approved.
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Legal Analysis: No.
Legal basis: Article 27 of the "Compulsory Education Law of the People's Republic of China" Schools shall criticize and educate students who violate the school management system and must not expel them. During the period of compulsory education, students are not allowed to apply for withdrawal for any reason, except for settling abroad (outside the territory).
All students who have completed their studies in school and completed nine years of compulsory education shall all be graduated, and the school shall operate it in the electronic student registration system, without the need for verification by the student registration management department of the administrative department in charge of education.
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