How can Shenzhen education brands avoid legal risks in cross-city entrusted school management? Lawyer interprets key compliance points for cooperative schooling.
Recently, Shenzhen Longgang Foreign Language School (Group) Haifeng Wenshan School was officially inaugurated, marking the first time a local Longgang education brand has been exported outside the city in its entirety. Through a full-chain trusteeship model, it provides high-quality educational resources from the Greater Bay Area to students in Haifeng, Shanwei. The event itself is a cause for celebration in the education sector, but the legal issues surrounding cross-regional school cooperation behind it merit careful consideration by every education practitioner and investor. As a lawyer who has long focused on education-related legal matters, I will break down the key points of this cooperation from a legal perspective, offering practical references for education brands intending to expand outward and for the receiving parties.
Legal Characterization of Cooperative Education Models: Trusteeship Contracts and School-Running Qualifications
This cooperation adopts the "whole-institution, full-chain trusteeship" model, whereby Longwai Group is fully responsible for the management, teaching staff, and curriculum of Haifeng Wenshan School. Legally, this constitutes a typical commission management contractual relationship. Under Article 919 of the Civil Code, a commission contract is one in which the principal and the agent agree that the agent shall handle the principal's affairs. However, educational trusteeship differs from ordinary commercial commission in that it involves the qualifications for running public schools and the allocation of public educational resources.
Article 14 of China's Compulsory Education Law stipulates that local people's governments at all levels must guarantee the right of school-age children and adolescents to receive compulsory education. As a public school, Haifeng Wenshan School's school-running entity is the Haifeng County Government. The Longwai Group, as the entrusted party, must exercise management authority within the scope authorized by the government. In practice, cross-city trusteeship often encounters issues of blurred authority boundaries, such as the attribution of teacher personnel authority and funding usage authority. I once handled a similar dispute where, because the trusteeship contract did not clarify the approval authority for teaching equipment procurement, the two parties became embroiled in a dispute over a procurement worth millions of yuan, which ultimately went to court. Therefore, before signing the contract, it is essential to clarify the nature of the contract and define the rights and responsibilities of all parties to avoid subsequent shirking of responsibility.
Intellectual Property Protection in Educational Brand Export: Trademarks and Curriculum Systems
Longwai Group exports its "Beautiful Education" philosophy and the "Wenrun Shanli" curriculum system, which involves intellectual property protection. Under Article 56 of the Trademark Law, the exclusive right to use a registered trademark is limited to the trademark as approved for registration and the goods as approved for use. If an education brand is not registered under the "education services" category (Class 41), it cannot obtain trademark exclusive right protection. As a well-known education brand in Shenzhen, if Longwai Group fails to conduct defensive registration in Haifeng or even the Shanwei region, it may face the risk of counterfeiting.
Additionally, curriculum systems and teaching models (such as the "Five I" teaching model) may constitute works within the meaning of copyright law. Under Article 3 of the Copyright Law, works include literary works, oral works, and others. Longwai Group should clarify the copyright ownership of curriculum materials through copyright registration or contractual agreements. Under the trusteeship model, does Haifeng Wenshan School's use of these materials constitute authorized use or transfer? If not specified in the contract, disputes may arise in the future over textbook adaptation, courseware sharing, and similar matters. I recommend that both parties add intellectual property clauses to the agreement, specifying the scope of licensed use, term, territory, and the ownership of derivative works.
Faculty Assignment and Labor Legal Relations: Compliance Key Points for Cross-City Transfers
In this trusteeship, Longwai Group selects 15 management cadres and backbone teachers from Longgang to be stationed at the school for its operation. This involves a change to the teachers' labor relationship. According to Article 40 of the Labor Contract Law, where the employing unit and the worker reach consensus through consultation, the content agreed upon in the labor contract may be modified. The transfer of teachers from Shenzhen to Haifeng constitutes a major change in work location, which must obtain the teachers' personal consent and be confirmed by a written modification agreement. Otherwise, a unilateral job transfer may amount to an illegal modification, and the teachers have the right to refuse it and may even claim economic compensation.
Additionally, the social insurance contributions, wage payments, and professional title evaluations for dispatched teachers must also be clearly defined. In practice, cross-regional schooling often gives rise to disputes due to social insurance being paid in different locations. Teachers may pay social insurance in Shenzhen while working in Haifeng, which complicates procedures such as work injury identification and medical reimbursement. Under Article 57 of the Social Insurance Law, the employing entity shall register the employee for social insurance within 30 days from the commencement of employment. Longwai Group, as the employing entity, is required to handle social insurance transfer or cross-regional filing for dispatched teachers to ensure seamless protection of their rights and interests. Meanwhile, Haifeng Wenshan School, as the actual employing unit, bears joint and several liability under Article 92 of the Labor Contract Law if it causes damage to teachers.
Legal risks of education quality and data security
Longwai Group is introducing AI Future Learning Centers and big data-empowered teaching, which involves student data protection. Under Article 28 of the Personal Information Protection Law, the personal information of minors under the age of fourteen constitutes sensitive personal information, and separate consent from their guardians must be obtained before processing. As a nine-year integrated school, Haifeng Wenshan School has a student body that is predominantly minors. When collecting and using academic data, the school must strictly adhere to the principles of lawfulness, legitimacy, and necessity, and establish a data security management system.
Additionally, commitments regarding education quality (e.g., "distinctive features within one year, quality outcomes within two years") are not legal provisions, but if incorporated into the trusteeship contract, they may constitute contractual obligations. If such commitments are not fulfilled, the commissioning party may pursue liability for breach of contract. Therefore, it is advisable to establish a reasonable quality assessment mechanism in the contract rather than making absolute commitments. At the same time, teaching monitoring data constitutes core operational data of the school, and both parties should agree on data ownership and usage rights to prevent data leakage or misuse.
Legal Insights: Compliance Pathways for Educational Brand Export
Shenzhen education brands expanding across cities present both opportunities and challenges. For the exporting party, proper intellectual property layout, meticulous contract design, and faculty compliance management are essential; for the receiving party, government responsibilities must be clearly defined and students' rights safeguarded. Both parties should jointly engage professional legal counsel to conduct risk assessments throughout the entire cooperation process. Guangdong Zhiming Law Firm has long served educational institutions and has provided legal support for multiple cross-regional cooperative school-running projects, including contract drafting, intellectual property protection, and labor dispute resolution. Should you have similar needs, we welcome you to consult us—we will leverage our professional expertise to help educational collaborations proceed steadily and successfully.
