The Ministry of Education clarifies the penalty for "invisible mutation training"

2023-09-13

The Ministry of Education has recently issued the "Interim Measures for Administrative Punishments of Off campus Training" (hereinafter referred to as the "Measures"), which establish regulations on administrative penalties for off campus training and clarify the form of "disguised discipline based off campus training". The Measures will come into effect on October 15th. The Measures propose overall requirements for administrative penalties for off campus training. The regulations are applicable to natural persons, legal persons, or other organizations that recruit preschool children and primary and secondary school students aged 3 or above to the society, and illegally engage in off campus training. Administrative penalties for off campus training should follow the principles of fairness and openness, adhere to the combination of punishment and education, guide natural persons, legal persons, or other organizations to consciously abide by the law, jointly resist illegal activities of off campus training, and create a good environment conducive to students' growth and success. The person in charge of the Supervision Department of Off campus Education and Training of the Ministry of Education introduced that unauthorized establishment of off campus training institutions (private schools) is an illegal act prohibited by the Private Education Promotion Law. Some "black institutions" engage in vicious competition, leading to "bad currency driving out good currency", disrupting the industry ecology, and damaging the rights and interests of parents and students. Article 17 of the "Measures", authorized by the Administrative Penalty Law (Article 13), specifies the circumstances for determining the unauthorized establishment of off campus training institutions, and stipulates that natural persons, legal persons, or other organizations carry out off campus training without approval, while meeting the requirements of having specialized training venues for offline training or specific websites for online training, having two or more training practitioners, corresponding organizational structures, and division of labor, If it constitutes unauthorized organization of off campus training institutions, it shall be ordered to stop the organization, refund the fees collected, and the organizer shall be fined not less than one time but not more than five times the illegal income. In addition, Article 18 of the "Measures" specifies the form of "disguised extracurricular training for disciplines": paid extracurricular training is carried out through instant messaging, online conferences, live streaming platforms, and other means; Utilize residential buildings, hotels, coffee shops, and other venues to organize off campus training such as "one-on-one" and "one-to-many"; Provide paid off campus training in the name of consultation, cultural dissemination, quality expansion, competitions, thinking training, home service, family education guidance, home teachers, crowdfunding private teaching, study tours, research, winter and summer camps, and trusteeship. Those who engage in any of the above behaviors shall be ordered to make corrections, refund the fees collected, and be warned or criticized in a notice by the off campus training department of the local people's government at or above the county level, in conjunction with other relevant departments; If the circumstances are serious, a fine of not more than 50000 yuan shall be imposed; If the circumstances are particularly serious, a fine of not less than 50000 yuan but not more than 100000 yuan shall be imposed. The above person in charge introduced that conducting subject based hidden variation training without approval and without compensation poses various hidden dangers, such as training environment safety risks, training content harm risks, exceeding standards and violating educational laws risks, employee infringement on students risks, and difficulty in refunding fees risks. This not only easily damages the rights and interests of parents and students' physical and mental health, but also may cause the whole society to fall into the quagmire of "education internalization" and unprofitable competition. The "Measures" clearly impose heavier penalties in accordance with the law for various situations: those who are in-service teachers in primary and secondary schools and whose training content is subject based off campus training; Within two years after the illegal act of conducting off campus training is dealt with, the illegal act of conducting off campus training shall be carried out again; Refusing, obstructing, or threatening administrative law enforcement personnel with violence. The "Measures" clearly define the implementing authority and delineate jurisdiction

Edit:GuoGuo    Responsible editor:FangZhiYou

Source:people.cn

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