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Provisions of Shanghai Municipality on Educational Supervision and Direction
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| (Promulgated on December 6, 1999 by the Shanghai Municipal People' s Government) Chapter I General Provisions Article 1 Purpose and Basis With a view to strengthening government supervision over educational work, ensuring the implementation of laws and regulations on education and promoting the healthy development of this municipality' s educational undertakings, these Provisions are formulated in accordance with the provisions of Article 24 of the Education Law of the People' s Republic of China and in the light of the actual conditions in this Municipality. Article 2 Definition The educational supervision and direction referred to in these Provisions means the activities of the municipal and district/county people' s governments in supervising, inspecting, evaluating, and giving guidance on educational work within their respective jurisdiction according to law. Article 3 Scope and Objects The scope of educational supervision and direction covers all levels and types of education and education-related activities, in this municipality below the secondary level. Those subject to educational supervision and direction are the departments concerned of the people' s government at the similarly identified administrative level, the people' s governments at lower levels and their respective educational administration, all levels and types of schools and other educational and teaching institutions below the secondary level (hereinafter called schools). Article 4 Principles of Supervision and Direction Educational supervision and direction must be conducted in accordance with the law and the principle of seeking truth from facts and of objectivity and impartiality. Chapter II Agencies and Personnel of Educational Supervision and direction Article 5 Supervision and Direction Agencies The municipal and district/county people' s governments shall establish their respective educational supervision and direction offices. These offices shall take charge of educational supervision and direction work on behalf of the people' s government within their jurisdiction and shall be subject to the professional guidance of superior educational supervision and direction agencies. Article 6 Responsibilities of the Municipal Educational Supervision and Direction Office The main responsibilities of the educational supervision and direction office of the Municipal People' s Government are: 1. Doing overall planning for and organizing the performance of the municipality' s educational supervision and direction work, drawing up directive documents and procedures of supervision and direction for this municipality' s educational supervision and direction and evaluation; 2. Supervising, inspecting and giving guidance on matters regarding the implementation of educational laws, rules, regulations and policies in the municipality; 3. Supervising, inspecting and giving guidance to the departments concerned of the Municipal People' s Government and district/county people' s governments and their education administrations on matters of prioritizing the development of education as a national strategy, strengthening the leadership and management of education, ensuring educational investment and raising the standards of the educational profession; 4. Evaluating, according to its given responsibilities, the direction of work, educational standards and results of schools in this municipality; 5. Organizing and coordinating, jointly with the municipal educational administration, the major educational evaluation tasks in the municipality; 6. Investigating and studying major issues in educational work in the municipality, reporting to and acquainting the Municipal People' s Government with the state of affairs in education, and giving opinions and suggestions thereto related; 7. Giving guidance to the work of educational supervision and direction offices of district/county people' s governments; 8. Honoring publicly and rewarding organizations and individuals who have made outstanding achievements in carrying out educational supervision and direction in the municipality; 9. Organizing the training of education inspectors, conducting scientific research for educational supervision and direction; and 10. Handling other matters assigned by the Municipal People' s Government. Article 7 Responsibilities of District/County Educational Supervision and Direction Offices The main responsibilities of educational supervision and direction offices of district/county people' s governments are: 1. Organizing the performance of educational supervision and direction in their respective district/county; 2. Supervising, inspecting and giving guidance on matters regarding the implementation of educational laws, rules, regulations and policies in their respective district/county; 3. Supervising, inspecting and giving guidance to the administrative departments concerned of the district/county, the village and township people' s governments and the sub-district offices on matters of performing educational responsibilities and strengthening the leadership and management of education; 4. Evaluating, according to their given responsibilities, the direction of work, educational standards and results of the schools in their respective district/county; 5. Investigating and studying major issues in district/county educational work, reporting to and acquainting the district/county people' s governments with the state of affairs in education and giving opinions and suggestions thereto related; 6. Organizing and coordinating, jointly with district/county educational administrations, the evaluation of educational work in their respective district/county; and 7. Handling other matters assigned by district/county people' s governments. Article 8 Staffing of Agencies Educational supervision and direction offices, according to their given responsibilities, shall be staffed with personnel for educational supervision and direction, including a director, deputy director(s), educational inspectors and other staff members. The director and deputy director(s) of educational supervision and direction offices shall be appointed and dismissed by the people' s government at the similarly identified administrative level. There are full-time and part-time educational inspectors. Full-time educational inspectors shall be appointed and dismissed in accordance with the limits of authority given to administrative departments with regard to personnel administration. Part-time educational inspectors shall be engaged by the people' s government at the similarly identified administrative level. The municipal and district/county people' s governments may invite accomplished persons to be special educational inspectors, and they are entitled to the same powers and responsibilities as educational inspectors. Article 9 Requirements for Educational Inspectors Educational inspectors shall meet the following requirements: 1. Adhering to the Party' s basic line and cherishing socialist educational undertakings; 2. Having a good knowledge of educational laws, rules, regulations and policies and possessing good awareness on policy matters; 3. Having a university or higher degree, or the professional title than a primary school or high school senior teacher and more than 7 years of experience in education, teaching or educational administration work and corresponding practical ability; 4. Being law-abiding, disciplined and principled and evincing in work moral integrity and impartiality; and` 5. Enjoying good health. Article 10 Training of Educational Inspectors Educational inspectors shall receive professional training in laws, rules, regulations and policies related to education, and also in educational administration, supervision and direction and evaluation. Article 11 Educational Supervision and Direction Certificates Educational Supervision and Direction Certificates shall be printed exclusively by the Educational Supervision and Direction Office of the Municipal People' s Government. When conducting educational supervision and direction, educational inspectors and special educational instructors shall produce the Educational Supervision and Direction Certificate. Article 12 Performance of Responsibilities and Providing Support Educational inspectors shall perform their responsibilities conscientiously. The people' s government at the similarly identified administrative level and its educational administration shall provide support for educational inspectors to carry out their work. Article 13 Withdrawal System If any educational inspector, in performing official duties, finds himself/herself personally involved in some way with the organization under inspection so that normal performance of his/her duties as an educational inspector may be affected, the said educational inspector must withdraw. Chapter III Exercise of Educational Supervision and Direction Article 14 Classification of Supervision and Direction Educational supervision and direction is divided into comprehensive supervision and direction, special-task supervision and direction, and follow-up supervision and direction. Comprehensive supervision and direction means that the educational work of an area or a school is being supervised, inspected, evaluated and given guidance in a complete and systematic way. Special-task supervision and direction means the limited, single-item supervision, inspection, evaluation and guidance-giving on a particular subject that is being administered to an area or a school according to plan. Follow-up supervision and direction means the irregular visits paid to an area or a school to do fact-finding to hear opinions and to get feedback on inspection and instruction. Article 15 Procedures of Supervision and Direction Comprehensive and special-task supervision and direction shall be conducted according to the following procedures: 1. Giving notice of the plan or outline of supervision and direction to the organization to be inspected and giving a written notice of supervision and direction 30 days before the event; 2. Helping the organization under inspection to make a self-check and self-evaluation and write out a report thereof; 3. Arranging a team to do evaluation or inspection of the organization under inspection; and 4. Making suggestions to the organization under inspection, making known the findings of the inspection and issuing a written report of the findings of the inspection. Article 16 Restrictions on Follow-up Supervision and Direction An educational supervision and direction office must arrange follow-up supervision and direction. In case an educational inspector makes a follow-up supervision and direction on his/her own, he/she must report to the person in charge of his/her educational supervision and direction office after the event. Follow-up supervision and direction must not interfere with a school' s normal education and teaching activities. Article 17 Ways of Work for Supervision and Direction When conducting supervision and direction, an educational supervision and direction office and inspector may adopt the following ways of work: 1. Hearing reports on the state of affairs given by the department and school authorities concerned; 2. Scrutinizing relevant documents, files and data; 3. Participating in relevant meetings and activities of education and teaching; or 4. Holding informal discussion sessions and making investigations and personal interviews. When conducting follow-up supervision and direction and using Item 1 and 2 above, an educational inspector must produce a letter of introduction provided by his/her educational supervision and direction office. Article 18 Responsibilities and Powers of Supervision and Direction In carrying out supervision and direction, an educational supervision and direction office and an educational inspector shall exercise the following responsibilities and powers according to law: 1. Reporting to the superior administrative department in charge the educational work of the organization under inspection and of its leading officials and putting forth suggestions on giving rewards and penalties; 2. Criticizing an organization under inspection for violation of State laws, rules, regulations and policies concerning education, and putting forth suggestions for correction; 3. Putting an end immediately, upon discovery, to any threat to the personal safety of teachers and students, any infringement to the legal rights and interests of teachers and students , and any disruption of normal order in teaching work, and the educational supervision and direction office concerned shall enjoin the department in charge to deal with the case and the latter shall report the results to the former; and 4. Directly reporting to the people' s government at the similarly identified administrative level and at a higher administrative level and its educational supervision and direction office about the state of affairs and giving opinions and suggestions. Article 19 Obligations of the Organization Under Inspection Upon receiving the written notice of supervision and direction, the organization to be inspected must make a self-check and self-evaluation in compliance with the request for supervision and direction, and cooperate with the educational supervision and direction office and educational inspector in carrying out supervision and direction. After being notified of the opinions of supervision and direction from the educational supervision and direction office concerned, and after receiving the written report of the findings of the inspection, the organization under inspection must study without delay the opinions and suggestions of supervision and direction. In reply to the rectification suggestions made by the educational supervision and direction office, the organization under inspection must report in writing the progress in or the plan for rectification to the educational supervision and direction office within 30 days from the date of receiving the written report of inspection findings. Article 20 Review of Supervision and Direction In case the organization under inspection disagrees with the inspection findings, it may submit a written application for review to the educational supervision and direction office that sends the written report of inspection findings or to the educational supervision and direction office at the next high level within 60 days from the date of receiving the written report of inspection findings. The municipal and district/county people' s government' s educational instruction and instruction office must make a reply to the organization under inspection within 30 days from the date of receiving the written application for review. Article 21 Report of Progress in Supervision and Direction Work An educational supervision and direction office must regularly report on its work in supervision and direction to the people' s government at the similarly identified administrative level and the educational supervision and direction office at a higher level, giving its opinions and suggestions for improvement of educational work. Article 22 Publication of the Results of Supervision and Direction The municipal and district/county people' s government educational supervision and direction office shall institute the system of publishing the findings of their inspections, making known at intervals the inspection findings to the public. Inspection findings that involve major issues must be reported to the people' s government at the similarly identified administrative level for examination before publication. Chapter IV Legal Liability Article 23 Legal liability of the Organization and its Personnel under Inspection In any of the following cases, an organization and the personnel under inspection shall be given by the administrative department in charge a notice of criticism and the person(s) directly responsible or the person(s) in charge of the organization may be given a proportionate administrative sanction in accordance with the limits of authority given to administrative departments with regard to personnel administration. In a serious case that constitutes a criminal offense, the criminal responsibility shall be investigated into according to law: 1. Refusing without justification to provide the educational supervision and direction office and the educational inspectors concerned with the required documents and materials or to report on work in the course of inspection; 2. Obstructing or disobeying educational inspectors in exercising their responsibilities and powers according to law; 3. Practicing frauds and/or trying to deceive an educational supervision and direction office and educational inspectors; 4. Retaliating against educational inspectors or persons who provide information to educational supervision and direction offices and educational inspectors; 5. Refusing to take measures to improve work on the suggestions put forth by the educational supervision and direction office concerned; or 6. Other cases of preventing the work of educational supervision and direction. Article 24 Legal Liability of Educational Supervision and Direction Personnel In any of the following cases that involve a member of an educational supervision and direction team, the organization under inspection may complain to the educational supervision and direction office where the member works. After checking up on the facts, the educational supervision and direction office shall give the member concerned proportionate criticism and admonition or an administrative sanction according to the seriousness of the case. In a serious case, the member concerned shall be dismissed from the position of educational inspector and be given a notice of criticism in the form of a circular. If criminal offense is committed, the criminal responsibility shall be investigated into according to law: 1. Bungling of a job due to dereliction of duty; 2. Distortion of facts or failure to report the situation truthfully during supervision; 3. Abusing powers for personal gain; 4. Abusing powers to shield offenders or to retaliate against others; 5. Leaking job-related information so that work in educational supervision and direction is adversely affected; or 6. Other malpractice of power abusing. Chapter V Supplementary Provisions Article 25 Explanation of Terms The term "all levels and types of schools and other educational and teaching institutions below the secondary level" used in these Provisions refers to nurseries, kindergartens, primary schools, junior high schools, senior high schools, vocational schools, secondary specialized schools, technical schools, secondary and lower adult schools and other secondary and lower educational and teaching institutions. Article 26 Effective Date These Provisions shall become effective on February 1, 2000. |
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