(Decree No. 215 of Shenzhen Municipal People’s Government Promulgated on January 28, 2010)
Chapter One General Principles
Article 1 In order to implement the School Safety Management Regulations of Shenzhen Municipality (hereinafter referred to as the Regulations) according to the relevant provisions of the Regulations, the rules for implementation are formulated.
Article 2 The administrative education organs of the municipal and district people's governments (hereinafter referred to as the municipal and district governments) shall fulfill the duties stipulated in the Regulations in accordance with the law.
The municipal and district government administrative organs such as finance, planning and land resources, living environment, health, public security, transportation, supervision, judicial administration, organization establishment, culture and sports, housing construction, water affairs, pharmaceutical supervision, market supervision, city management, and emergency management shall fulfill the obligations of the school safety management within the scope of their respective functions in accordance with the law.
Article 3 The expense for the school safety management shall be included in the annual school budget, and is mainly used for safety publicity, education and training, facilities, equipment, and related management personnel.
Article 4 The government shall establish and perfect the system of student’s personal injury school liability insurance and students’ personal accident insurance. The student’s personal injury school liability insurance and student’s personal accident insurance shall be purchased in a unified way by the government centralized procurement organ through bidding.
The guardian of students can voluntarily participate in the students’ personal accident insurance, the costs of which shall be borne by the government finance, the education development fund and the guardians of the students by 1 ∶ 1 ∶ 1 proportion.
Article 5 The education administrative organ shall take the lead to organize the relevant administrative organs to develop school safety promotion programs.
The mass media such as radio, television, newspapers, and government websites in the city shall carry out the school safety knowledge popularization at the beginning of each school semester, and broadcast or publish school safety public-interest advertisements.
Article 6 The education administrative organ shall, jointly with the relevant administrative organs, make the assessment on the school safety management, and the outstanding safety management schools and personnel in the assessment shall be commended and awarded.
Chapter Two School Safety Management Organization and Staff
Article 7 The municipal and district governments shall adopt the modern technology measures, and build digital security and protection installations to set up a direct link of schools with native police stations.
The education administrative organ shall, jointly with the public security, judicial administration, health, pharmaceutical supervision, emergency management and other administrative organs，compile the school safety handbook and guide schools to establish the safety management systems and measures such as the informatization security management platform, the network security, the safety precaution, the prevention of students from abuse of prescription drugs, and the faculty and student mental health consultation.
The education administrative organ shall, jointly with the public security, health, pharmaceutical supervision, emergency management and other administrative organs, assist schools to teach the safety knowledge and skills to teachers, and security management and medical personnel.
Article 8 The relevant administrative organs shall, according to their respective functions, supervise and inspect the safety conditions of the school and its surroundings every year, keep account the hidden dangers to the safety , so the tracking, guidance and supervision of the school and the surrounding area shall be made to clear up the potential safety hazards.
Article 9 The school shall perform the following safety management duties:
(1) to establish the sound safety management system for schools and school activities;
(2) to establish the safety responsibility system and the accident accountability investigation system;
(3) to formulate the school contingency plan, establish the school safety early warning mechanism and emergency mechanism, and carry out emergency drills;
(4) to establish a sound school safety publicity, education and training, and incentive mechanism, and enhance the safety awareness and self-protection knowledge of the teachers and students;
(5) to carry out the day-to-day school safety management in accordance with the law;
(6) to establish the sound school food safety management system;
(7) to deal with unexpected safety events in advance;
(8) to establish and improve the safety accident compensation mechanism.
Article 10 The school shall appoint a certified safety officer to be especially responsible for school safety by giving assistance to the president.
The school certified safety officer shall perform the following duties:
(1) to give assistance to the president in the implementation of the relevant school safety laws, regulations and policies;
(2) to give assistance to the president to establish the school safety management system, safety responsibility system, potential safety hazard investigation and management system, safety work archives, safety operation rules and safety check list, and draw up the annual safety work plan and safety technology measurement program;
(3) to participate in the professional training organized by the education administrative organ;
(4) to oversee the implementation of the school usual safety management and safety measures, and assist the president to deal with emergencies;
(5) to check and investigate the school potential safety hazard, put forward correction proposals if there is any, and assist the president to implement the rectification;
(6) to work out the plans for school safety publicity, education and training, organize the implementation, and set up the public security education courses for students together with other departments such as the teaching affairs, student management and moral education;
(7) to organize the related school staff to participate in the safety training;
(8) to assist the president to deal with other school accidents in accordance with the law.
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Article 11 School teachers shall perform the duties of education, management and protection of students in accordance with the law, and in their educating and teaching activities, they shall stop in time the students from doing any hazardous acts.
Article 12 The school shall, according to the safety management needs, employ full-time or part-time safety management personnel, who shall perform the school safety management duties under the leadership of the school certified safety officer.
The school shall employ some safety management personnel to undertake the safety management work to protest the students in the non-teaching period such as lunch service hours and in a full boarding school. The government-run school may employ the safety management personnel by purchasing services from the society. The staffing ratio shall be determined by the municipal education administrative organ jointly with the municipal finance and government organization establishment organ, and shall be put into force by the municipal government after its approval.
Article 13 The school shall establish a clinic according to the personnel quota provided by the organization establishment organ and to its actual conditions.
The school (with its independent campus) shall employ at least one health professional with physician qualification. The boarding school shall employ at least two health professionals, of which at least one shall have the physician qualification.
The school clinic and the health professional shall perform the duties defined by the Regulations of School Health Work, and the public health administrative organ shall organize the training for the school health technical personnel.
Article 14 The school shall have the school psychologist to carry out psychological health education and provide students with psychological services. The specific staffing shall be determined in accordance with the relevant provisions of the organization establishment organs.
Article 15 The school shall invite a worker from public security, judicial administration, court, and procuratorate organs as a deputy president or a legal system legal counselor.
The legal deputy president and legal counselor shall guide and assist the school to carry out legal education, prevent students from committing crimes, maintain school order, and handle student injury accidents.
The legal deputy president and legal counselor shall work every two weeks at school. If any emergency happens in school, they shall assist the school to deal with it in time.
Article 16 The education administrative organ shall, jointly with the relevant administrative organs, provide the certified safety officer with no less than 40 hours of qualification training. The certified officer can be appointed only if he is qualified in the training.
The school president in charge of the safety work and the certified safety officer shall accept no less than 10 hours of safety training. The participation in the training shall be brought into in school safety management assessment.
School safety knowledge shall be included in the contents of teachers’ continuing education content. The school safety knowledge shall be included in the pre-post training for new teachers and new teachers in charge of classes. School health professionals, equipment and facilities maintenance personnel, school bus drivers, canteen staff and other special personnel shall participate in the training, and work with the certificates.
Article 17 The student guardians shall perform their duties of guardianship, notify in time the school of their effective contacts so that they will have enough information about the minor students concerned from school teachers, and carry out the safety education to the minor students in a reasonable family way.
Chapter Three Safety Management of School Environment
Article 18 The new school shall avoid being constructed in places where natural disasters are likely to happen such as earthquake active fault, flood, landslides and collapse, debris flow, ground collapse and lightning strikes, and in places where are located the factories and warehouses for production and storage of flammable and explosive dangerous goods. The seismic fortification criteria of the new school shall be consistent with the relevant state provisions.
Article 19 The new school location shall be in conformity with the relevant provisions of the Regulations.
The school construction projects need to be approved or ratified by the relevant administrative organs in accordance with state regulations. Before the land planning administrative organ issues the site designation memorandum or develops the planning conditions as a contract part of the state-owned land use right transfer, it shall take advice from the education administrative organ or the relevant administrative competent organs. If the advice from the education administrative organs or the corresponding administrative organs is lawful and reasonable, the planning and land administrative organ shall adopt it.
Article 20 The land planning and water affairs administrative organs shall, according to the safety, go on tours of inspections over the mountains, waters, slopes and retaining walls around the school. If any potential hazard is found in school buildings, activity places and passageways, they shall clean up it in time according to the relevant provisions of the Regulations.
Article 21 The government administrative organs such as public security, urban management, science and technology industry information, living environment, housing construction, and emergency management shall strengthen the management of garbage stations (garbage transfer stations), waste disposal plants, gas stations, CNG filling stations, and inflammable and explosive dangerous goods warehouses. If any of them do not come up to the national standards, they will be investigated and prosecuted in accordance with the law.
Article 22 The investment and construction units shall strengthen the safety management of the construction sites close to the school. If any potential hazard is found, it shall be cleaned up in time.
The housing construction administrative organ shall strengthen the supervision and inspection over the construction sites circumjacent to the school. If the potential hazard in the construction sites is serious and endangers the safety of teachers and students, the housing construction administrative organ shall order to stop the construction and set a deadline for rectification; only when the rectification is satisfactory can the construction be started again.
Article 23 The transportation and water affairs administrative organs shall place the protective fences and safety warning signs on the side of expressways and reservoirs adjacent to the school, and strengthen the tour inspection of them.
Article 24 If any units and individuals adjacent to the school make noises that are larger than the state stipulated noise standards and cause environmental noise pollution, the human settlement environment administrative and public security organs shall stop them, and investigate and deal with the environmental noise pollution acts.
Article 25 The traffic administrative organ and the school district property management units or other units concerned shall set up stated speed signs, slowing down lines and other road traffic signs and markings by the roads around the school.
During the period when pupils go to and from school, the traffic administrative organ, the public traffic security organ, and the school district property management units or other related units shall set up the guarding post to assist the school safety management personnel to maintain the traffic order.
Article 26 The public security organ, the school district property management units and other relevant units shall patrol the surrounding areas everyday at school hours to protect the personal and property safety of teachers and students.
Twenty 27 The public security, health, culture and sports, and market supervision administrative organs shall, according to their respective duties, strengthen the routine supervision over the book and newspaper stands, dance halls, hair salons, bars, internet cafes, shops, restaurants and other establishments around the school, and shall in time investigate and deal with the illegal acts such as the production, sales and leasing of fake and shoddy goods and illegal publications.
Article 28 The relevant administrative organs shall carry out the work of investigating and cleaning up all kinds of potential hazards near and around the school and the rectification acceptance work, and they shall take advice from the local education administrative organ, the relevant administrative organs and schools nearby.
Chapter Four Safety Management of School Facilities
Article 29 If the school buildings and sites do not conform to the safety standards or norms, they shall be immediately closed. The eye-catching safety warning signs or safety fences shall be set up, and the timely rectification shall be made.
If it is difficult to decide whether a building or a site is safe, the school shall entrust the identification of them with the construction quality identification bodies. If the identification shows that there really exist some potential hazards, the school shall take measures and report to the government administrative organ. After the completion of the repair of the school building or site, the check and approval shall be made in accordance with the relevant provisions of the Regulations. They may be put into use only after they have passed the check and approval.
Article 30 The school shall organize the fire safety and quality safety inspection of school facilities and equipment before the start of each term. If any potential hazard is found, it shall be rectified in time.
The public security fire control institutions shall include the school in the list of the key fire safety units, and give guidance to the school in its daily fire safety management.
Article 31 The school shall keep the minutes of the safety inspection and management of buildings, grounds, facilities and equipment, and their minutes shall be placed on file.
Article 32 The school shall set up the eye-catching safety warning signs or warning fences at the places of dangerous teaching and living facilities and buildings, at the places where one may likely to collide and slip down, and at construction sites in the school.
Article 33 The traffic administrative organs shall assist the school to make the school road safety planning, set up the normative school road traffic signs, road traffic markings and motor vehicle parking signs.
If a traffic accident happens in the school, the school shall report to the public security traffic organ and the education administrative organ or the relevant administrative organs, the public security traffic organ shall handle the accident concerned in time.
Students are prohibited from driving motor vehicles and electric bicycles, roller-skating and skateboarding within the school.
Article 34 The school shall set up safety indication signs and emergency lighting and delimit upstairs and downstairs marks on every floor and staircase of multistory buildings in school teaching and living areas.
The school shall ensure the normal use of the lighting provisions and facilities in the teaching and living areas. If any damage is found to them, it shall immediately be repaired and replaced.
Article 35 The school canteen shall acquire a food service license. The market supervision administrative organ shall, in conformity with the legal provisions, supervise and inspect its hygienic safety according to the school canteen hygienic quantitative classification management system.
The school food business establishments shall acquire food circulation licenses or business licenses and must not operate without any certificates or licenses and beyond the scope. The market supervision administrative organ shall, according to the actual school safety, supervise and inspect the hygienic and operating conditions of the school business sites.
The outside catering units shall abide by the School Management Measures of Outside Catering of Shenzhen Municipality, and ensure the students’ food safety, and assume the food safety responsibility.
Article 36 The boarding school and the school with some boarding students shall establish a post responsibility system for students’ dormitory management and a round-the-clock watch keeping, attendance and night patrol system, and Keep fire exits clear.
Anyone outside shall not be allowed to enter the dormitory without school permission.
Article 37 The school shall, in accordance with the provisions of the Interim Measures of School Bus Traffic Safety Management of Shenzhen Municipality, develop its school bus management system to define clearly the responsibilities of drivers and passengers, and regulate the students’ behaviors on the bus.
The public security traffic administrative organ shall in time inform the school and the education administrative organ of the school bus illegalities, and the education administrative organ shall deal with the relevant persons liable.
Chapter Five School Safety Management
Article 38 The school shall establish the attending and leaving school transfer system for the students below the fourth grade. The school shall have someone take special care of the students below the fourth grade who leaves school late.
Article 39 The school shall establish the school safety information management platform, and inform the guardian of the information such as the time when the student attends and leaves school, the cases of his or her being late, leaving early and playing truant, his or her physical and psychological abnormalities and others that relates the student under age.
The education administrative organ or the relevant administrative organs shall guide and assist the school to construct the school safety information management platform.
Article 40 If anyone working in schools suffers from mental disorders, infectious diseases or other diseases, which may contact students physically and mentally, he or she shall be in time removed from the post or be ordered to leave for medical treatment. If he or she is recovered through the treatment in the second-class general hospital or the specialized hospital, the school shall resume his or her original position; if the disease can not be cured, the school shall deal with him or her in accordance with relevant state regulations.
Article 41 The school shall, in its teaching activities, protect the students in the circumstances prescribed in the Regulation based on the diagnosis proof issued by the medical institution.
The municipal medical administrative organ shall, jointly with the municipal education administrative organ, make specific provisions on specific diseases, idiosyncratic diseases or other abnormal physiological and psychological diseases, and their treatment measures defined in the Regulations.
Article 42 If the student suffers from mental and infectious diseases or other diseases that may affect the physical and mental health of other students, the student guardian shall send him or her to medical institutions for treatment in time. If the ill student is not suitable to study at school, his or her guardian shall apply for suspension of schooling.
If the student guardian does not apply for suspension, the school can make a suspension schooling decision according to the illness state, which shall be delivered to the student guardian. If the guardian refuses to accept the decision, he or she may apply for judicial identification in accordance with the Shenzhen Special Economic Zone Judicial Identification Regulations. If the student concerned need not to suspend his or her schooling by the judicial identification, the school shall revoke the decision.
If the student concerned is restored to health, he or she may apply for going back to school by showing the medical rehabilitation certificate issued by the second-class or above hospital to school.
The student and the guardian shall not interfere with the school teaching order.
Article 43 The public security, health, pharmaceutical administration and other administrative organs shall guide the school to establish the safety management system of preventing the student from drug use and drug addiction.
If any student is found to take drugs and to be addicted to the abuse of drugs, the school shall promptly inform the student guardian and the public security organ, and the student guardian and the public security organ shall handle it in time.
Article 44 The school shall offer public safety education courses in accordance with the Public Security Education Guidance Outline for Primary and Middle Schools, which will be incorporated into the curriculum plan, and develop the students’ survival education, the self-care and self-rescue education and the healthy personality education in order to make students grasp basic means to avoid dangers, provide lifesaving and give alarms.
The school shall carry out the safety education and self-saving exercises combined with its surrounding environment during the safety education period for the teachers and students in order to make them familiar with the school and peripheral environments and enhance their ability to prevent disasters, rescue themselves and rescue each other.
The school students shall keep the minutes of the safety education and self-saving exercises and place them on file.
Article 45 In accordance with the relevant provisions, the school shall carry out military trainings and sports activities adequate to the students’ psychological and physiological characteristics and physical conditions.
The teacher shall, before the physical activities, inquire about the physical conditions of students, and take some necessary protective measures or arrange appropriate activities according to the physical condition of students.
Article 46 If a collective activity is organized in the school with more than 1000 participators, the organizer shall formulate a safety prediction scheme in accordance with the provisions of the Safety Measures for Kindergartens and Primary and Middle Schools. The scheme shall be examined by the school certified safety officer and be submitted to the president for approval.
Article 47 If the school organizes students for a collective activity outside, it shall examine the place in advance accordance with the relevant provisions of the Regulations, and made a safety inspection of the route, transportation, equipment and so on.
Before start, the school shall give students a targeted safety education and notify the guardians in writing of the time, place, contents, matters that need attention of the activity and the place where the activity ends. If they agree to participate, the guardians shall sign on the receipts and send them back to the school.
Article 48 If the school organizes a large-scale activity outside, it shall report the safety scheme to the education administrative organ or other relevant administrative organs for record. If the activity has more than 1000 participators, it shall be reported to the local public security organs for approval in accordance with the Regulations on Security Issues Regarding Large-Scale Mass Activities.
If the school organizes students to carry out the activity outside the school, it shall inform the local unit concerned, the unit concerned shall take appropriate safety measures to assist the school to organize the activity.
Article 49 The non-teaching hours refer to the remaining hours taken from the 7-18 o’clock (the primary school teaching hours are 6 hours, and the middle school are 8 hours) of the school day prescribed in the Regulation.
The specific provisions on the student safety management during non-teaching hours shall be separately formulated by the municipal education administrative organ.
Chapter Six Emergency and Accident Treatment
Article 50 The municipal education administrative organ shall, jointly with the relevant administrative organs, establish a uniform school emergency handling mechanism in response to disasters, public health emergencies, terrorist attacks and other emergencies.
Article 51 If any school emergency happens, it shall give priority to aiding students in danger or in difficulty, and keep the school in order. The school staff shall perform the obligations of protecting and rescuing students.
After the emergency is dealt with, the school or the relevant administrative organs shall take measures to provide students with psychological services in order to reduce the emergency detrimental effect on students.
Article 52 If any personal injury accident happens to the school student, the school shall take the following measures to deal with:
(1) to take reasonable first-aid measures, give a timely rescue, prevent students from injury (disease) expanding; if the school cannot deal with it, it shall send the student concerned to medical institutions for treatment;
(2) to notify the guardian of the student’ personal injury accident, report it to the education administrative organ or the relevant administrative organs according to the relevant provisions and carry out the investigation into the accident in time
(3) If the student personal injury accident is suspected of crime, the school shall protect the accident site, immediately report to the public security organs, and assist the public security organs to do a good job of investigation and evidence collection.
Article 53 The consultation is encouraged for the school, insurance agencies, and the guardian of the students involved in student injury accident to discuss the matters such as compensation.
Article 54 If the students injure each other in violation of school disciplines and both guardians request to school for mediation, the school shall carry out the mediation.
If the parties cannot reach an agreement in compensation for student injury accidents, they may apply to the education administrative organ or the relevant administrative organs for mediation.
The education administrative organ or the relevant administrative organs shall, on the basis of distinguishing the responsibilities according to the facts, and help the parties reach voluntarily a mediation agreement. If both parties fail to reach a mediation agreement within 20 days from the date when the education administrative organ or the relevant administrative organs accept the mediation, the education administrative organ or the relevant administrative organs shall terminate the mediation.
Chapter Seven Legal Liability
Article 55 If the school has one of the following acts, the education administrative organ or the relevant administrative organs shall order it to correct them within a prescribed time limit, and give a disciplinary warning; whereas no correction is made within the time limit, it will be given a notice of criticism; if there exist significant safety hidden dangers, it shall be ordered to close down or have its run-school license revoked:
(1) violating the provision of (1) in Article 9 that it has not established a school safety management system;
(2) violating Article 29, Article 32 that it has not set up safety warning signs or the safety fences;
(3) violating the provisions of Article 30 that the potential hazards are found in its school facilities and equipment and no timely rectification has been made;
(4) violating the provisions of Article 44 that it has neither offered public safety education courses nor has carried out the safety education and safety emergency drills for teachers and students.
If the school has any of the acts prescribed in the previous article that results in fatal accidents, the school president shall be removed or discharge from office, and the initiator of the private school or the partner of the cooperative school or other directly responsible personnel shall not engage in school management services within 5 years; if suspected of a crime, they shall be transferred to judicial organs for criminal responsibility.
Article 56 If the teacher has any of the following acts, the school shall deal with it according to the law:
(1) violating the provisions of Article 55 that he or she has not taken any necessary protective measures when organizing sports activities;
(2) violating the provisions of Article 51 that he or she does not give priority to rescuing students when an emergency happens.
Article 57 Under any of the following circumstances, the school shall handle them by the law:
(1) The certificated safety officer is in violation of the provisions of Article 10 that he or she does not perform his or her duties, which results in serious consequences;
(2) The dormitory manager is in violation of the provisions of Article 36 that he or she leaves his or her post when on duty and some abnormality is found but he or she does not take notes of it or report it to the school certificated safety officer, which results serious consequences.
Article 58 If any of the related government organs have any of the following acts, the appointment and removal organ, the supervision administrative organ or other relevant administrative organs shall impose a sanction on the major person-in-charge and directly liable persons; if suspected of a crime, he or she shall be investigated for criminal responsibility according to the law:
(1) violating the provisions of Article 19 that the planning and land administrative organ has not examined the school site submitted for review but has issued the construction land planning permit or though it has examined the site which is not in conformity with the provisions, yet it has issued the permit;
(2) violating the provisions of Article 20 that land planning and water affairs administrative organs do not in time deal with the potential hazards of the school buildings, venues and passageways in accordance with the relevant provisions of the Regulations;
(3) violating the provisions of the second paragraph of Article 22 that the housing construction administrative organ do not in time deal with the construction site with the potential hazards which seriously endanger the safety of teachers and students;
(4) violating the provisions of Article 23 that the traffic and water affairs administrative organs do not set up the protective fences and safety warning signs in the reservoir and the expressway adjacent to one side of the school.
Article 59 If a student guardian violates the provisions of Article 42, refuses to implement the suspension schooling decision and interfere with the school teaching order, the public security organ shall punish him or her according to the law; if suspected of a crime, he or she shall be transferred to judicial organs for criminal liability.
Chapter Eight Supplementary Provisions
Article 60 The education administrative organ and the medical administrative organ shall formulate the related implementation rules within 6 months from the date of implementation of the present rules.
The municipal education administrative organ shall carry out the inspection jointly with the relevant administrative organs within one year from the date of implementation of the present rules.
Article 61 These rules shall be implemented as of March 1, 2010.
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