National Rules for Educational Discipline in Primary and Secondary Schools Implemented: Legal Boundaries and Procedures for Teacher Discipline, Lawyer Interprets Key Points for Rights Protection in 2025
Recently, education committees in multiple cities across the country have issued documents one after another, further clarifying the boundaries and implementation procedures of educational discipline in primary and secondary schools, which has drawn widespread social attention. The right to discipline has always been a sensitive topic in the field of education: teachers dare not or are unwilling to discipline, parents worry that their children will be wronged, and schools are caught in the middle. This refinement of policy aims to provide operational guidance for teachers while also drawing clear legal red lines. As a lawyer who has long handled education-related legal matters, I believe this is not merely a regulatory measure but a practical implementation of the rule of law on campus. This article will interpret the legal boundaries and procedural key points of discipline from a legal perspective, in conjunction with the "Rules on Educational Discipline in Primary and Secondary Schools (Trial)" and relevant regulations, and provide practical advice for teachers and parents.
I. Legal Basis and Definition of the Nature of Educational Discipline
Educational discipline is not corporal punishment or disguised corporal punishment, but a necessary means for teachers to perform their educational duties in accordance with the law. The "Rules on Discipline in Primary and Secondary Schools (Trial)" implemented in 2021 clarified the right to discipline for the first time in the form of departmental regulations, stipulating that teachers may impose disciplinary measures such as naming and criticizing, ordering an apology, written self-criticism, after-class instruction, and other measures on students who violate rules and disciplines. The municipal education commission's document further details that discipline must be based on educational purposes, follow educational laws, and must not harm students' physical and mental health.
From a legal perspective, the right of discipline is both a professional right of teachers and a statutory obligation of schools. Article 8 of the Teachers Law stipulates that teachers shall stop behaviors harmful to students, while Article 27 of the Law on the Protection of Minors explicitly states that schools shall not impose corporal punishment or disguised corporal punishment. Therefore, the boundary between lawful discipline and unlawful infringement lies in: whether it is for educational purposes, whether it exceeds necessary limits, and whether it follows prescribed procedures. For example, making a student stand during one class period constitutes lawful discipline, but making a student stand for two hours or forcing a student to run laps may constitute corporal punishment, violating relevant provisions of the Public Security Administration Punishments Law or even the Criminal Law.
In practice, teachers often find themselves in a dilemma: leaving things unchecked may be seen as negligence, while taking action risks legal trouble. Lawyers suggest that teachers should be thoroughly familiar with the "positive list" of disciplinary measures, and that any measure must be checked against the rules to avoid subjective arbitrariness. At the same time, schools should establish a review mechanism for disciplinary actions, with major disciplinary measures requiring school approval to ensure accountability and traceability.
2. Disciplinary implementation procedures: Procedural justice is key to avoiding disputes.
Procedural legality is the "safety valve" for educational discipline. The municipal education commission's document emphasizes that implementing discipline must follow procedures such as notification, defense, and remedy. Specifically, ordinary discipline (such as verbal criticism) may be implemented on the spot, but parents must be notified afterwards; severe discipline (such as suspension for a week) must involve hearing the student's statement and defense
Missing procedures often turn legitimate disciplinary actions into illegal infringements. There was a case where a middle school directly gave a student a demerit for fighting without notifying the parents. The parents sued on the grounds of procedural violation, and the court ruled that the school must rescind the punishment. This serves as a warning: discipline is not only a substantive judgment but also a procedural operation. Teachers should record the reason, process, and result of disciplinary actions, forming written documentation—this is both a responsibility to the student and self-protection.
Furthermore, an appeal mechanism is indispensable. Students or parents who are dissatisfied with a disciplinary action may request a review from the school's appeal committee or file a complaint with the education administrative department. Lawyers advise that schools should establish appeal bodies composed of teachers, parents, and legal professionals to ensure neutrality and fairness. If parents believe the disciplinary action is illegal, they may also seek recourse through administrative litigation or civil litigation, but they must pay attention to the preservation of evidence, such as recordings and written notices.
Three. Home-School Legal Risks: Responsibility Allocation and Response in Disciplinary Disputes
Disputes between families and schools caused by disciplinary punishment have risen year by year. Common types include: parents filing lawsuits over excessive punishment, students seeking compensation for injuries, and teachers being subjected to malicious complaints. Legally, the division of liability follows the principle of fault. If a teacher implements punishment in accordance with rules and without intent or gross negligence, the school does not bear compensation liability; if a teacher exceeds authority in corporal punishment, the school must bear vicarious liability under Article 1199 of the Civil Code, and may subsequently seek recourse from the teacher.
Typical case: In 2023, a primary school teacher punished a student for not completing homework by making him copy the text ten times, and the
For parents, rights protection should be rational. If they truly believe their child's rights and interests have been harmed, they should first communicate with the school, then file a complaint with the education department, and only consider litigation as a last resort. Litigation is costly and may affect the child's environment at school. Lawyers can assist parents in evaluating evidence and calculating losses, but mediation is often more efficient. In practice, most disputes are resolved through mediation within the school, which both safeguards students' rights and maintains teaching order.
4. Practical Suggestions for Improving the Disciplinary System and Future Prospects
To ensure that the right to discipline "lands properly without going astray," multi-party coordination is required. First, schools should formulate school-level implementation rules, clarifying the list of disciplinary measures, procedures, and appeal channels, and organize teacher training to avoid "acting by experience alone." Second, education administrative departments should strengthen supervision, establish a database of disciplinary cases, and regularly release guiding cases. Third, parents should understand the educational significance of discipline and cooperate with school management, rather than blindly shielding their children.
Lawyers can play a bridging role: providing compliance reviews for schools, assisting in the formulation of disciplinary systems; offering legal consultation to teachers to prevent professional risks; and guiding parents in rights protection to rationally resolve disputes. For example, Guangdong Zhiming Law Firm has provided educational legal services to multiple primary and secondary schools, covering disciplinary system design, dispute mediation, litigation representation, and more, accumulating rich practical experience.
In the future, legislation on educational discipline will become more refined, potentially accompanied by the issuance of supporting judicial interpretations. However, the law can never cover all circumstances; the core lies in balancing educational discretion with the protection of students' rights. As legal professionals, we call for discipline that carries warmth and maintains proper boundaries, making campuses a living classroom for rule-of-law education.
The boundaries of educational discipline serve both as a constraint on teachers and as a protection for students. Whether schools, teachers, or parents, all should act within the legal framework to jointly foster a healthy educational ecosystem. If you encounter related legal issues, you are welcome to consult a professional lawyer, and we will provide you with targeted solutions.
