Shenzhen Dapeng New District Back-to-School Season: A Comprehensive Analysis of Legal Risks in Campus Safety and Educational Compliance
On September 1, 2026, primary and secondary schools and kindergartens in Shenzhen's Dapeng New District welcomed the new semester, and the once-quiet campuses were once again filled with laughter and joy. However, behind the children's return to the classroom, legal issues such as campus safety, educational compliance, and liability for student injury accidents have quietly come to the forefront. As a Shenzhen lawyer who has long focused on the field of education law, I believe it is necessary to provide a professional perspective to help school administrators, parents, and education practitioners identify the legal risks they may face during the back-to-school season and outline corresponding response strategies.
Campus Safety: The Boundaries of School Responsibility under the Legal Framework
As educational institutions, schools bear a statutory duty to ensure the safety of their students. Under Articles 1199 to 1201 of the Civil Code, if a person without capacity for civil conduct suffers personal injury during the period of study or life in a kindergarten, school, or other educational institution, the kindergarten, school, or other educational institution shall bear tort liability; however, if it can prove that it has fulfilled its duties of education and management, it shall not bear tort liability. If a person with limited capacity for civil conduct suffers personal injury during the period of study or life in a school or other educational institution, and the school or other educational institution fails to fulfill its duties of education and management, it shall bear tort liability.
The back-to-school season is a high-risk period for campus safety incidents. New students unfamiliar with the environment and returning students who have not fully adjusted after the holiday may both face increased risks of accidents. In judicial practice, courts typically determine liability based on whether the school has fulfilled its "educational and managerial duties." For instance, in a case involving injuries during recess activities heard by a district court in Shenzhen, the school was found to have failed in its managerial duties—due to a lack of timely hallway patrols and the absence of safety warning signs—and was thus required to bear partial liability for compensation.
Therefore, at the start of each school term, schools in Dapeng New District should prioritize inspections of hardware safety, including school buildings, sports facilities, and fire-fighting equipment. At the same time, they should improve management systems for recess patrols and activity organization, and maintain relevant records for evidentiary purposes.
Educational compliance: School operations must comply with legal regulations.
The back-to-school season is not only a time when students return to campus, but also a moment when schools' various operational practices are subject to legal scrutiny. From admissions and enrollment, fee management, to curriculum design, every step involves legal compliance issues.
Taking fees as an example, according to the "Opinions on Further Strengthening and Standardizing the Management of Education Fees" issued by the Ministry of Education and four other departments, schools are not allowed to establish fee items without authorization, expand the scope of fees, or raise fee standards. As a pilot demonstration zone, Shenzhen exercises particularly strict oversight over education fees. Public schools in Dapeng New District should strictly implement government-guided prices, while private schools are required to publicly disclose fee items and standards, eliminating "hidden fees" and "bundled charges."
Additionally, regarding curriculum arrangements, Article 33 of the Law on the Protection of Minors stipulates that schools shall not occupy national statutory holidays, rest days, or winter and summer vacations to organize collective make-up classes for minor students in compulsory education, thereby increasing their academic burden. At the beginning of the semester, schools should self-check whether their course schedules comply with the requirements of the "Double Reduction" policy, so as to avoid administrative penalties or parental complaints arising from illegal make-up classes.
Student Injury Accidents: Legal Strategies for Prevention and Response
Student injury accidents are one of the legal risks that schools are most concerned about. Article 9 of the Ministry of Education's "Measures for Handling Student Injury Accidents" stipulates 12 circumstances under which schools shall bear liability, including school buildings and facilities not meeting standards, obvious omissions in safety management systems, and failure to provide safety education when organizing student activities.
In Shenzhen's judicial practice, when courts hear such cases, they not only examine the direct cause of the accident but also comprehensively consider factors such as the school's safety plans and the emergency response capabilities of faculty and staff. For example, in a case where a student died suddenly while running during a physical education class, the court found the school at fault because no emergency medical personnel were present on site and 120 was not called promptly.
In response, the lawyer advised the school: first, to develop and rehearse emergency response plans to ensure that staff are familiar with first aid procedures; second, to purchase campus liability insurance to spread risks; third, after an accident occurs, to promptly preserve evidence, reassure parents, and negotiate or litigate under the guidance of a lawyer, so as to avoid an expansion of liability due to improper handling.
Home-School Co-Education: The Legal Roles of Parents and Schools
The back-to-school season is also a period when the home-school relationship is re-adjusted. When parents send their children to school, it does not mean that guardianship responsibilities are fully transferred. According to Article 26 of the Civil Code, parents have the obligation to raise, educate, and protect their minor children. Schools bear the responsibility of education and management, rather than acting as a substitute for guardianship duties.
In practice, many parents mistakenly believe that schools should be held responsible for all accidents occurring during school hours, which is actually a misunderstanding of the law. If the school has fulfilled its duties of education and management, and the harm is caused by the student's own actions or the behavior of a third party, the school may not bear liability. For example, if a student is injured during horseplay between classmates at recess, and the school has provided safety education and arranged for teacher patrols, the primary responsibility may fall on the guardian of the student who caused the injury.
Therefore, parents should cooperate with schools in safety education and truthfully disclose their children's health conditions, especially allergies, special illnesses, and the like, so that schools can take targeted protective measures. At the same time, parents should also view accident liability rationally, assert their rights in accordance with the law, and avoid "school disturbances," as such behavior may violate the relevant provisions of the Public Security Administration Punishments Law.
Conclusion: With the protection of the law, the back-to-school season becomes more reassuring.
The back-to-school season in Dapeng New District marks a new beginning, and it is also a critical juncture for preventing and controlling legal risks. Both schools and parents should strengthen their legal awareness, clarify the boundaries of responsibility, and work together to create a safe and compliant environment for children to grow up in. Guangdong Zhiming Law Firm has long been dedicated to educational legal affairs, offering professional services such as reviewing school rules and regulations, handling safety incidents, and providing education compliance consulting for schools, as well as answering legal questions for parents regarding student injuries and education contracts. May every child, under the sunshine of the rule of law, start the new semester safely and joyfully.
