What are the penalties for non compliance and what are the penalties for teachers who violate the ru

Refund the income from illegal make-up classes, cancel the qualifications for evaluation, and give warnings to Party members and teachers.

In 2015, the Ministry of Education issued the "Regulations on Strictly Prohibiting Paid Make-up Classes for Primary and Secondary School Teachers and In-service Primary and Secondary School Teachers", Article 5 of which clearly states that in-service primary and secondary school teachers are strictly prohibited from participating in paid make-up classes organized by off-campus training institutions or other teachers, parents, parents' committees, etc.

Article 10 of the 2018 Ministry of Education's "Ten Guidelines for the Professional Conduct of Primary and Secondary School Teachers in the New Era" clearly states that it is not allowed to organize or participate in paid make-up classes.

Article 25 of the Compulsory Education Law of the People's Republic of China: Schools must not collect fees in violation of state regulations, and must not seek benefits by selling or covertly selling goods or services to students.

1. What are the penalties for making up classes for violations?

1. Penalties such as fines and revocation of school qualifications will be imposed on those who violate the rules to make up classes. Off-campus training institutions must obtain a school license after approval and registration to obtain a business license before they can carry out training. Those who have already obtained a permit to run a school or a business license shall make corrections in accordance with the requirements of the standards if they do not meet the standards, and if the rectification is not in place, the permit for running the school shall be revoked in accordance with law, the training activities shall be terminated, and the registration shall be changed or cancelled in accordance with the law.

2. Legal basis: Article 75 of the Education Law of the People's Republic of China.

Where relevant state provisions are violated by establishing schools or other educational institutions, the administrative departments for education or other relevant administrative departments are to revoke them; where there are unlawful gains, the unlawful gains shall be confiscated; The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law.

2. What are the constituent conditions for the establishment of an educational institution?

1. Social organizations that hold training institutions shall have the status of legal persons.

2. There is an organizational structure and articles of association;

3. Have qualified teachers;

4. There are teaching places, facilities and equipment that meet the prescribed standards;

6. Have the necessary funds and stable funds**.

6. The establishment of training institutions shall meet the needs of local education development and meet the conditions stipulated in the Education Law and other relevant laws and regulations.

There are three forms of punishment for illegal make-up classes: 1. General punishment. Once it is found and investigated, all students will be dismissed, all tuition fees will be refunded, and the training course will be sealed;

3. Administrative detention. Once the illegal training is investigated, the person in charge of the training institution will be administratively detained, which is currently the most severe punishment for illegal training.

4. Illegal make-up classes will be included in the credit report, and the illegal school will be included in the credit blacklist or will be normalized. In addition to not being able to take out loans, not being able to consume highly, not being able to take a plane, not being able to take high-speed rail, not being able to shop online, and not being able to attend private schools for their children. In 2022, when the reporting channels are unimpeded, the inclusion of individuals in the credit blacklist of illegal school running will have a huge deterrent effect on illegal school running, and will make some individual teachers have scruples about their own behavior, and then restrain themselves.

Legal basis

Provisions on Strictly Prohibiting Paid Make-up Classes for Primary and Secondary School Teachers and In-service Primary and Secondary School Teachers".

1. Strengthen organizational leadership and implement entity responsibility. Strictly prohibiting primary and secondary schools and in-service primary and secondary school teachers from paying to make up classes is an inevitable requirement for the full implementation of the party's education policy and the implementation of the fundamental task of establishing morality and cultivating people, and is an important measure to deeply solve the "four winds" problem. All provincial-level education departments are the main body of responsibility, and should attach great importance to it, strengthen leadership, and in accordance with the requirements of the "Provisions", study and formulate specific implementation plans for both the symptoms and the root causes and detailed measures for dealing with violations.

Establish and improve leadership responsibility systems and working mechanisms, keep an eye on important times such as winter and summer vacations, statutory holidays, etc., carry out special governance activities for paid make-up classes in a solid and orderly manner, and resolutely stop arbitrary charging of fees such as paid make-up classes.

2. Carry out special supervision and strict accountability. Our ministry will include the governance of paid supplementary classes in the key content of supervision and inspection, and carry out special inspections on a regular basis. All provincial-level education departments should carry out self-inspection, include the governance of paid supplementary classes in special supervision and responsible supervision and supervision, and find and investigate the behaviors listed in the "Regulations", and give ** to typical cases.

In schools and localities where supervision is ineffective, problems occur frequently, and social repercussions are strong, it is necessary to strictly investigate the responsibility of those who are mainly responsible for high responsibility. Serious violations of discipline and corrupting teachers' morals, such as deliberately failing to complete educational and teaching tasks in class, not lecturing in class and collecting make-up fees, as well as retaliating against students who do not participate in paid make-up classes, should be investigated and dealt with, and "zero tolerance" should be implemented.

3. Strengthen publicity and education, emphasizing positive guidance. Local education departments should quickly convey the requirements of the "Regulations" to primary and secondary schools, teaching staff, students and parents through various means. The study of the "Regulations" will be the key content of teacher ethics education in 2015 and recorded in the teacher training hours.

Education guides the majority of teachers to practice the core values of socialism, establish morality and cultivate people, consciously refuse paid make-up classes, be conscientious and responsible for each student, answer questions and counsel for students with learning difficulties, and carry out volunteer services such as voluntary duty before and after class or during holidays. Select and publicize outstanding teachers, fully demonstrate the spirit of selfless dedication, virtue and goodness of contemporary teachers, and spread the positive energy of education.

[Legal Analysis].For primary and secondary schools that violate the "Provisions on Strictly Prohibiting Primary and Secondary Schools and In-service Primary and Secondary School Teachers from Making Up Classes for Compensation", depending on the severity of the circumstances, they will be given punishments such as circulating criticism, canceling award qualifications, and revoking honorary titles, and the responsibility of school leaders and relevant departments will be investigated. In-service primary and secondary school teachers who violate the above provisions shall be given criticism and education, admonishment and talk, ordered to inspect, circulated criticism and even corresponding administrative sanctions, depending on the severity of the circumstances. The Ministry of Education requires that all provincial-level education departments should, in accordance with the requirements of the "Regulations on Strictly Prohibiting Paid Make-up Classes for Primary and Secondary School Teachers and In-service Primary and Secondary School Teachers", formulate specific implementation plans and detailed measures for handling violations in light of actual conditions.

Establish and complete leadership responsibility systems and working mechanisms, keep an eye on important time nodes such as winter and summer vacations and statutory holidays, carry out special governance activities for paid make-up classes in a solid and orderly manner, and resolutely stop arbitrary fees such as paid make-up classes.

Legal basisEducation Law of the People's Republic of China Article 27 The establishment, alteration and termination of schools and other educational institutions shall be subject to the formalities of review, approval, registration or filing in accordance with the relevant provisions of the State. That is to say, any unit or individual holding a cram school, specialty class or other form of educational institution must obtain the review and approval of the local education administrative department, otherwise it is illegal to run a school. Where relevant state provisions are violated by establishing schools or other educational institutions, the administrative departments for education are to revoke them; If there are illegal gains, confiscate the illegal gains; The person in charge who is directly responsible and other direct personnel shall be given administrative sanctions in accordance with law.

Legal analysis: primary and secondary schools, kindergarten teaching code of conduct, kindergartens are strictly prohibited from using children's textbooks, shall not carry out any primary school tendency of teaching activities, shall not hold Montessori classes, foreign language classes, mental arithmetic classes, sharing reading classes, etc. Make-up classes are prohibited at all grades in the compulsory education stage.

Make-up classes are prohibited for non-graduating classes in ordinary high schools, and half-day Saturdays (boarding students can arrange one day for boarding students) on Saturdays and weekends to carry out research-based learning, social practice activities or club activities on campus. Learning activities are generally organized by the students themselves, and teachers can provide appropriate guidance, but organized classes are prohibited. On other holidays, no make-up classes are allowed.

If an ordinary high school is unable to complete the teaching plan due to a large-scale activity and needs to make up the class, the school must report to the local education department for approval and announce the reason, time, place, and content of the approval, and the time for make-up must not exceed the class time delayed due to the large-scale activity. If primary and secondary schools need to adjust their teaching time due to the safety reinforcement and maintenance of school buildings, the administrative department of education at or above the county level shall approve the adjustment plan in accordance with the principle of how much time is delayed and how much time is adjusted. Boarding schools, whether public or private, must have holidays in accordance with the law, and students are not allowed to organize classes in violation of regulations, and evening self-study time must be arranged in accordance with regulations, so as to ensure that students have enough sleep.

Non-boarding schools are not allowed to organize students to study on campus in the evening. If the student is caused by illegal make-up classes and evening self-study, Nian Min will be held accountable for the relevant responsible person.

Legal basis: "Provisions on Strictly Prohibiting Paid Make-up Classes for Primary and Secondary School Teachers and In-service Primary and Secondary School Teachers" Article 4: Local education departments should use whether in-service teachers organize or participate in paid make-up classes as an important basis for annual evaluations, job evaluations, job hiring, and the implementation of rewards and punishments, and implement a one-vote veto system. Leaders of primary and secondary schools should take the lead in enforcing the regulations, resolutely put an end to the conduct of schools organizing or participating in paid make-up classes, and strengthen the management of teachers' conduct in teaching.

Actively build a supervision system in which schools, teachers, students, parents, and society widely participate, unblock and disclose reporting channels, and take the initiative to accept social supervision.

The school's reports of illegal make-up classes are as follows:

1. The school can complain to the local education department or other functional departments for illegal make-up classes, and it is strictly forbidden for the school to occupy weekends, holidays, winter and summer vacations in any name to organize students to make up classes or take new classes;

2. The school can call the local complaint** to report the situation to the Education Bureau. If the school does this, the student can file a complaint with the local education authority;

3. Schools can log on to the official website of the local education bureau to make online complaints.

4. You can also write a letter to report.

Legal basisArticle 1199 of the Civil Code of the People's Republic of China.

Where a person without capacity for civil conduct suffers personal injury during the period of study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.

Article 1201.

Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a third party other than a kindergarten, school or other educational institution during the period of study or life in a kindergarten, school or other educational institution, the third party shall bear tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities. Kindergartens, schools or other educational institutions may recover compensation from a third party after assuming supplementary liability.

What are the circumstances under which a student is responsible for injuries sustained at school?

1. If a student is injured in a confrontation or accident outside of school, according to the degree of fault of both parties, both parties to the fight will be liable, and the school will usually not be responsible.

2. If a student is injured alone or accidentally in school, or a student under the age of 10 is injured in a school, kindergarten, or training institution, the law usually determines that the school should be held liable. Unless the school can produce evidence to prove that it is not at fault and has fulfilled its management duties, if a student between the ages of 10 and 18 is injured at a school or training institution, the school usually does not bear the responsibility, unless the student's guardian can produce evidence to prove that the school has not fulfilled its management duties, in which case, the school needs to bear a responsibility.