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深圳市学校安全管理条例 Regulations of the Shenzhen Municipality on the Administration of Safety of Schools

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深圳市人民代表大会常务委员会公告第123号

(Adopted at the Thirty-Fifth Meeting of the Standing Committee of the Third Shenzhen Municipal People‘s Congress on December 30, 2004, approved at the Sixteenth Meeting of the Standing Committee of the Tenth Guangdong Provincial People’s Congress on January 19, 2005)

颁布日期:20050218  实施日期:20050401  颁布单位:深圳市人大常委会

  Chapter I General Provisions

  Article 1 In order to strengthen the administration of safety of schools, protect the personal safety of students, maintain the order of education and teaching, and prevent and manage the accidents of school safety, these regulations are hereby formulated in accordance with the related laws, regulations, and in the light of the practical conditions of this city.

  Article 2 These regulations shall apply to the administration of the safety of middle and elementary schools, secondary vocational schools (hereinafter referred to as schools) within the administrative regions of the Shenzhen Municipality.

  Article 3 The safety of schools shall follow the principle of taking the human as the basis, safety first, giving priority to prevention.

  Article 4 The people‘ governments at various levels shall discharge duties according to law, create a good environment of safety, and ensure the safety of schools.

  The administrative department of the Shenzhen Municipality in charge of education (hereinafter referred to as the municipal department of education) shall be responsible for the administration of the safety of schools, and discharge the following duties according to law:

  (1) to implement the laws, regulations and rules on the safety of schools;

  (2) to direct, coordinate and supervise the work on the safety of schools;

  (3) to investigate and punish the acts which violate the laws, regulations and rules on the administration of the safety of schools;

  (4) to be in charge of making a plan for school safety education.

  The administrative departments of various districts in charge of education

  (hereinafter referred to as district departments of education) shall be responsible for the administration of the safety of schools within their respective jurisdictions.

  The departments in charge of secondary vocational schools shall be responsible for the administration of the safety of the schools which are affiliated with them.

  The related various functional departments of the municipal, district people‘s governments shall discharge the duties of the administration of the safety of schools according to law.

  Article 5 Any unit and individual shall be concerned about the personal safety of students and support schools to have a good performance in the safety work.

  Article 6 Schools shall strengthen the administration of safety, conduct the education, administration and protection concerning the safety for students according to law. The students shall accept the education and administration of safety conducted by schools, abide by the disciplines and various regulations, rules of schools.

  The guardians of students shall discharge their duties of guardianship according to law, and cooperate with schools in the education, administration and protection concerning the safety for students.

  Article 7 Schools shall establish the responsibility systems of safety administration. The legal person of a school shall be the first responsible person for the safety of the school.

  Schools shall have the registered directors of safety to be in charge of the specific tasks of school safety, and establish the full-time or part-time teams of safety administration.

  Article 8 Whoever are running schools shall guarantee the funding for the administration of the safety of the schools.

  Chapter II Administration of the Environmental Safety of Schools

  Article 9 The governments shall establish a coordinating mechanism for the administration of the safety of schools joined by the leading officials of the related departments of education, public security, culture, health, environmental protection, industrial and commercial administration, urban management and the related units.

  Article 10 The construction and installation of toxic, harmful, inflammable, explosive or other dangerous articles and high-voltage facilities and equipments in the areas around schools shall keep a safety distance from schools according to the state rules.

  The discharge of pollutants such as waste water, waste gas, industrial solid wastes, various noises, radioactive materials, etc., in the areas around schools shall meet the national and local standards.

  Article 11 If there are hidden safety dangers of mountains, rivers within school areas or the areas around schools that threaten school buildings, places of activities, passageways, etc., the departments of planning, land or water affairs shall conduct regular tests and evaluations, issue the notices of prohibition from using, passing or rectification by a deadline and construction of preventive and protective facilities to the related departments or schools on the basis of the results of tests and evaluations, the related departments or schools shall set up the effective preventive and protective facilities according to the notices, and also the corresponding warning signs of no using, no walking, no approaching, etc.

  Article 12 The offices of traffic administration under the department of public security or other related units shall set up school signs in the nearby areas of schools and also the sings and markings of no parking, warning, speed limit on the roads in front of schools. If there are no facilities for pedestrians to cross a road, the lines of pedestrian crosswalk shall be drawn and reminding signs shall be set up.

  Article 13 If a school is located at a section of road where traffic accidents often take place or traffic is heavy, an office of traffic administration under the department of public security shall make arrangements to have policemen there for maintaining the traffic order on the roads connected with the entries and exits of the school when students going to school or leaving school, and the school shall give its assistance.

  Article 14 During the periods of time for students to go to school or leave school, the departments of public security shall strengthen the patrol around schools.

  If blackmailing, extorting students or other illegal acts are found in schools or their nearby areas, the departments of public security shall deal with and rectify them promptly, and schools shall cooperate on their own initiative.

  Article 15 The places to play electronic games, internet bars may not be set up in the areas around schools.

  The culture and entertainment facilities such as song and dance clubs, etc., shall meet the related rules, and may not interfere with the normal order of education and teaching of schools.

  Article 16 If schools or the departments of education find the situations to endanger the personal safety of students or serious hidden safety dangers in schools or in the areas around schools, they shall take effective preventive measures and report to the related departments. The local people‘s governments and the related departments shall deal with the situations promptly and remove the hidden safety dangers.

  Chapter III Administration of the Safety of School Facilities

  Article 17 The buildings and accessory facilities of schools shall meet the national safety standards; if there is no national safety standard, the municipal department of education shall join in with the departments of planning, construction to work out a safety norm.

  The buildings, facilities which do not meet the safety standards or norms shall not be used for the activities of education and teaching.

  Article 18 The construction of a new school or reconstruction of a existing building into a school shall, according to the procedure of the administration of construction projects and the related rules, pass the examination and acceptance of planning, fire prevention and control, and completed works. Without the examination and acceptance, the municipal department of education shall not issue the license to open a school.

  Article 19 The departments of public security, firefighting shall conduct the regular inspections on the firefighting safety of schools, take strict precautions against and wall up the fire. If there is a hidden danger of fire, measures shall be taken promptly.

  Article 20 Schools shall inspect, maintain the facilities of education and teaching on the regular basis, and keep a record of inspection and maintenance.

  The school laboratories, the articles for technical operation, literature, art and sports, and other facilities, equipments shall be inspected for safety every time before being used.

  Article 21 The departments of education shall joint in with the related departments to establish the special systems to manage teaching materials such as radiating materials, chemicals, biological preparations, appliances, and toxic, harmful wastes.

  The teaching materials such as radiating materials, chemicals, biological preparations, appliances, shall have eye-catching labels, be stored at safe places and under the care of full-time personnel. The toxic, harmful wastes produced by these materials shall be collected in a unified way, stored by classification, and handed over to the units with corresponding qualifications to ship, treat, and dispose of.

  Article 22 Schools shall be equipped with the medical personnel, medicine most in use, and first-aid equipments.

  The eye-catching signs of safety warning shall be installed at the places within school areas where it is easy to have accidents such as colliding, slipping and falling.

  Article 23 The facilities, equipments within a school area including the special equipments such as boilers, etc., special training fields, equipments, etc., shall meet the state stipulations and have a special management system.

  Article 24 The buses owned or chartered by schools to transport students (hereinafter referred to as school buses) shall meet the following requirements:

  (1) to meet the national safety standards;

  (2) to have clear city-wide uniform signs of school bus;

  (3) to install safety appliances such as handrails;

  (4) to have triangle safety belts in the front row of seats;

  (5) to have the licenses issued by the offices of traffic administration under the department of public security.

  The licenses of school buses shall not be transferred, misused for other vehicles.

  An office of traffic administration shall make a decision of approval or not

  approval within 5 days from the date of receiving an application for a license of school bus; in case of not approval, the reason shall be explained in writing.

  Article 25 A school shall designate a full-time employee for inspection of the transportation of students by school bus every time, if overload or other traffic violations have been found, they shall be stopped.

  When transporting students, a school bus shall have more than one full-time administrating staff member to be in charge of maintaining the order in the bus and ensuring the safety of students in getting on and off the bus.

  A school bus driver shall have a good record of driving for more than three years.

  Article 26 School buses may travel on the special lanes for public transit vehicles and pick up or drop passengers at the stops of the public transit system. When school buses are making a u-turn, a turn or parking according to the traffic rules, other vehicles shall yield the right of road.

  Chapter IV Administration of the Safety of School Activities

  Article 27 Schools shall establish and improve the systems of safety administration, and ensure the personal safety of students.

  Article 28 The faculty and staff members of schools shall abide by the systems of safety administration of schools and discharge their duties according to the rules.

  Article 29 Schools shall have the systems of entrance guards. The persons who are not the faculty and staff members, students of a school shall not be allowed to enter the school area without permission.

  Except according to law, the dangerous articles such as toxic, harmful, inflammable, explosive materials or animals and firearms, articles under security control shall not be brought in school.

  Article 30 Except ambulance for emergency rescue, no motor-vehicle shall enter the teaching and sports sections of a school without permission of the school.

  The vehicles which have permission to enter the school areas shall travel along the designated routes and with the limited speed, and park at the designated places.

  Article 31 If the student who should be in school has not come, the school shall notify the guardian promptly according to the way of contact provided by the guardian, and the guardian shall discharge the duty of guardianship immediately.

  Article 32 If a student has to leave school earlier, the reason shall be explained, the guardian shall agree, and the teacher in charge of class or the person designated by the school principal shall sign their names.

  Article 33 Except the following situations, schools shall allow their own students to stay at or come to school during the period of time from 7:00 am to 6:00 pm:

  (1) legal holidays;

  (2) the municipal department of education has made arrangements for epidemic prevention, safety prevention, etc.;

  (3) other situations stipulated by laws, regulations, and rules.

  According to the preceding section, students shall abide by the related rules on the

  administration when staying at or coming to school during the period of time not for education and teaching. The specific measures of the administration shall be worked out by the municipal department of education.

  Article 34 When students are in school, schools shall ensure that study sections and dormitory sections be kept unblocked, and schools may not block the safety exits.

  Before closing the school gates at night, the security personnel of schools shall patrol and ensure the safety of schools.

  Article 35 When schools organize the large-scale activities of entertainment, sports, celebration, etc., the disciplines shall be declared, the necessary preventive measures for safety shall be taken, the order to enter and leave the places of activities shall be made clear, and the special personnel shall be designated for maintaining the order.

  Article 36 When schools organize teaching and competitions in sports, the necessary preventive measures for safety shall be taken. As for the teaching and competition in swimming, diving, and sports on apparatus, an enough number of personnel with professional rescuing capability shall be assigned to take care on the scene.

  Article 37 If there is a student having a special disease, idiosyncracy, or other abnormal physical, psychological conditions, the student and the guardian shall tell the truth to the school, and the school shall keep a record and take necessary preventive measures in the activities of education and teaching, and maintain the secret concerning personal privacy.

  If the faculty and staff members have found the abnormality of students‘ physical or psychological conditions in the activities of education and teaching, they shall give assistance and notify the guardians promptly.

  Article 38 When organizing students to participate in extracurricular activities, a school shall make a safety plan, provide the first-aid medicine and equipments, and arrange at least two faculty or staff members for a class to escort students through the whole course of the activities for care and management.

  Schools and other units may not organize students to participate in commercial celebration activities.

  Article 39 If a school authorize or join in with other units to organize students to participate in extracurricular activities, it shall conclude a written agreement on safety guarantee with the authorized units or jointly organizing units. The authorized units or jointly organizing units shall, according to the laws, regulations, rules and the agreement, take effective measures and provide the safety guarantee.

  The school shall check the measures of the authorized units or jointly organizing units to ensure safety, their personnel arrangements, and means of transportation.

  Article 40 The municipal department of education shall unitarily draw up the rules on the safe operation in teaching experiments. Schools shall post the rules on the safe operation in teaching experiments at the eye-catching places of laboratories.

  The teachers of experiment courses shall explain the rules on operation and matters needing attention to students before class, and instruct students how to operate safely. Students shall abide by the rules on operation in the process of an experiment.

  Articles 41 Schools shall establish a health security system, and the food, drinking water provided for students shall meet the national health standards.

  Schools shall strengthen the prevention and treatment of infectious diseases and non-infectious chronic diseases in accordance with Law of the People‘s Republic of China on the Prevention and Treatment of Infectious Diseases.

  Article 42 If schools provide accommodation for students, they shall draw up the regulations and rules on the administration of accommodation, and ensure the safety of accommodation for students.

  Article 43 If faculty and staff members and temporary workers suffer from mental disorder, infectious diseases or have other problems which might affect the safety of schools, the responsible departments and schools shall take the necessary safety measures to adjust their posts, let them leave the posts for treatment.

  The faculty and staff members and temporary workers shall take the physical examination organized by the municipal, district departments of education, health every year before the fall semester begins.

  Chapter V Emergency Rescue, Investigation and Settlement

  Article 44 The municipal department of education shall establish an emergency management mechanism in a unified way.

  Schools shall work out the preparatory plans to manage fire, meteorological disasters, sudden incidents of public health and other emergency incidents, and designate persons in charge ahead of incidents. If an emergency incident occurs, schools shall management it and come to rescue immediately, notify the guardians of students, report to the municipal, district department of education and the related responsible departments according to the rules, and assist the related responsible departments to take preventive and controlling measures.

  Schools shall have the mechanism to report to police for help, emergency management equipments and safety passageways, and keep them safe and effective. The related departments receiving the report for help shall respond to it immediately.

  Article 45 When the early warning signals of meteorological disasters take effect and classes are suspended, schools shall, according to the preparatory plans to manage meteorological disasters, make arrangements for faculty and staff members to come to school and ensure the safety of student who are in school. Except the circumstances permit or there are guardians to accompany, schools shall not allow students to leave school on their own; if there is a possibility to have dangerous situations, schools shall make arrangements for students to go to safe places to escape from the dangers.

  Article 46 If the early warning signals take effect when students are on their way to go to school or leave school, the drivers of school buses shall drive students to schools as temporary shelters, but if the traffic or the safety circumstances along the road do not allow them to do so, they shall find safe places nearby as temporary shelters and be responsible for protection.

  Article 47 The second week of every semester shall be the week of safety education for students.

  During the week of safety education, schools shall take various ways to conduct safety education for students, and the related departments shall give their support.

  Schools shall arrange at least one exercise of survival and self-rescue for students every semester.

  Article 48 If a student falls ill suddenly or suffers from personal injury in the activities of education and teaching, the school shall take the rescue measures promptly, notify the guardian of the student, and report according to the related rules.

  Article 49 If a safety accident occurs in a school, the related departments shall investigate and make a decision on the settlement in time.

  Article 50 The schools run by governments and schools run by the local people and approved by the governments or schools run cooperatively shall buy the school liability insurance for students‘ personal injury, and the cost shall be assumed by the municipal, district finance.

  Article 51 As for the compensation for personal injury of a student, the parties concerned may have a settlement through consultation or apply to a department of education for mediation, if the consultation and mediation cannot reach a settlement, a legal action may be taken at the people‘s court; the party concerned may also take a legal action directly at the people’s court.

  If the party concerned applies to a department of education for mediation, the department of education shall accept it, and put forward an opinion on mediation within 20 days from the date of accepting the application.

  Chapter VI Legal Liabilities

  Article 52 If the departments of education, public security, health, environmental protection, urban management, planning, land, construction, etc., and their personnel have failed to discharge the duties in the education, administration, and protection concerning safety in violation of the related laws, regulations, and rules, the related departments shall impose administrative sanctions according to law; if a crime is constituted, the criminal responsibility shall be ascertained according to law.

  Article 53 If a school has failed to discharge the duties in the education, administration, and protection concerning safety in violation of the related laws, regulations, and rules, the department of education or the corresponding responsible department shall give a warning, order correction by a deadline; if correction has been refused, the department of education or the related corresponding department shall circulate a notice of criticism, and the department of education shall impose an administrative sanction on the principal of the school run by a government; as for the schools having serious hidden safety dangers, the departments shall order to close the schools.

  If a school has failed to discharge the duties in the education, administration, and protection concerning safety according to the rules and caused either serious or extraordinarily serous casualty accidents, the principal and other directly responsible persons of the school run by a government shall be dismissed from their office and discharged from public employment, the head, responsible person for school safety, or other directly responsible persons of the school run by the local people or run cooperatively shall not be allowed to engage in school administration for 5 years. If a crime is constituted, the criminal responsibility shall be ascertained according to law.

  Article 54 In case of accident of a student‘s personal injury, if the school has already discharged the duties in the education, administration, and protection concerning the safety of students according to the related laws, regulations, and rules, it shall not be held liable for compensation, unless there is other kind of stipulations in laws.

  Article 55 In case of insulting, beating students, faculty and staff members, and interfering with the order of education and teaching at school, an office of public security shall deal with it according to law; if a crime is constituted, the criminal responsibility shall be ascertained according to law.

  Chapter VII Supplementary Provisions

  Article 56 These regulations shall be referred to in dealing with the safety administration of other educational institutions admitting full-time students, training institutions open to teenagers, and kindergartens for preschool education.

  Article 57 The school area shall mean the area within the red line of a school; the area around school shall mean the area within the safety distance which should be kept according to the state and local rules, if there is no rule on the safety distance, it shall mean the area within 100 meters out of the red line of a school.

  Article 58 The Shenzhen Municipal People‘s Government may draw up the detailed rules on implementation according to these regulations.

  Article 59 These regulations shall take effect as of April 1, 2005.

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