Regulations of Shanghai Municipality on Preschool Education and Childcare Services
Regulations of Shanghai Municipality on Preschool Education and Childcare Services
(November 23,2022)
No.138
(Adopted at the 46th Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on November 23, 2022)
Chapter I General Provisions
Article 1
With a view to protecting the rights of the school-age children to receive preschool education and childcare services, standardizing the implementation of preschool education and childcare services, and promoting the healthy development of preschool education and childcare services, these Regulations are formulated in accordance with the relevant laws and administrative rules and in the light of the actual circumstances of this Municipality.
Article 2
These Regulations are applicable to preschool education and childcare services implemented within the administrative regions of this Municipality, as well as the related support, security, supervision and management activities.
The term "preschool education" as mentioned in these Regulations refers to the childcare and education provided by the kindergartens and other preschool educational institutions to the children aged three to the age before entering primary school (hereinafter referred to as preschool children).
The term "childcare services" as mentioned in these Regulations refers to the nursing and care of the infants under the age of three provided by the kindergartens, childcare institutions and community childcare centers.
Article 3
This Municipality's preschool education and childcare services shall adhere to the people centered development concepts, in accordance with the requirements for constructing the "People's City", adhere to the principles of government leadership, social participation, general benefit and diversity, safety and quality, convenience and accessibility, follow the law of children's physical and mental development, promote the healthy growth of the children, and achieve good childcare and education.
Article 4
This Municipality implements the integrated planning, implementation and guarantee of the preschool education and childcare services, and establishes and improves the family scientific childcare guidance service network.
This Municipality popularizes preschool education, focusing on the public kindergartens run by the government, supports and standardizes the private kindergartens run by social forces, vigorously develops inclusive preschool education, and builds a public service system for preschool education with reasonable layout, public welfare and general benefits.
This Municipality develops childcare services, on the basis of family care, and via setting up kindergarten classes. It encourages and guides the social forces to set up childcare institutions, set up community childcare centers, supports the government organs, enterprises and institutions, parks, commercial buildings, etc. to provide welfare childcare services, so as to build an inclusive and diversified public service system for the childcare.
This Municipality provides scientific childcare guidance services for the families of school-age children, strengthens support and guidance for family care, and enhances the families’ scientific childcare capabilities.
Article 5
The people's governments at all levels shall incorporate the preschool education and childcare services into their national economic and social development plans, and promote the relevant key work by incorporating them into the practical projects run for the people.
The municipal people's government plans as a whole and coordinates the development of the preschool education and childcare services in this Municipality. The district people's governments shall fulfill their main responsibilities of promoting the development of preschool education and childcare services, reasonably allocate the resources of preschool education and childcare services within their administrative regions, and promote the coordinated development of preschool education and childcare services.
The municipal and district people's governments shall establish comprehensive coordination mechanisms to comprehensively and coordinately solve the major problems in the development of preschool education and childcare services
The town/township people's governments and sub district offices shall organize and promote the development of preschool education and childcare services within their jurisdictions, and implement the relevant policies, measures, supervision and management.
Article 6
The municipal education department shall be in charge of the preschool education and childcare services within the administrative areas of this Municipality, take the lead in promoting the construction of the public service system of preschool education and childcare, formulate development plans and relevant standards and norms, and be responsible for supervision, management, guidance and service. The district education departments shall be specifically responsible for the supervision, management, guidance and service of the preschool education.
The health departments shall be responsible for the business guidance and daily supervision of health care, disease prevention and control, etc. in the kindergartens, childcare institutions and community childcare centers, formulate the relevant standards and norms, and carry out supervision and inspection of infectious disease prevention, drinking water sanitation, etc. according to law.
The development and reform, finance, planning and resources, housing and urban and rural construction management, housing management, market regulation, human resources, social security, civil affairs, public security, emergency management and other departments as well as fire and rescue institutions shall, according to their respective responsibilities, jointly do a good job in the management and security of the preschool education and childcare services.
Article 7
The parents or other guardians shall, in accordance with the law, fulfill their responsibilities to bring up and educate children, learn about family upbringing, accept scientific guidance for child rearing, create good family environments, and carry out scientific family care and education.
Article 8
The trade unions, Communist Youth League, women's federations, the disabled federations, working committees concerned with the next generation and the relevant social organizations shall, in combination with their own work, support the development of the preschool education and childcare services.
The residents' and villagers' committees shall assist the governments and the relevant departments in publicizing the laws and rules on preschool education and childcare services, and guide, help and supervise the parents or other guardians of children to perform their duties of upbringing and education according to law.
The natural persons, legal persons and unincorporated organizations are encouraged to support the development of inclusive preschool education and childcare services via donations, voluntary services and in other ways.
Article 9
The relevant industry associations are encouraged to regulate industry acts, strengthen industry self-discipline, and promote the standardized and healthy development of the preschool education and childcare services by formulating industry standards and norms for preschool education and childcare services, participating in service quality evaluation, and conducting employee training.
Article 10
The media such as radio, television, newspapers and the Internet shall widely carry out public welfare publicity, advocate the concepts of scientific child rearing, create a social atmosphere of respect, care and love for the children, and create a good environments for the healthy growth of the children.
Article 11
This Municipality supports the development of scientific research activities in the basic theory, practical application, industry management and other directions and fields related to the preschool education and childcare services.
This Municipality strengthens domestic and international cooperation and exchange on standards and specifications, talent training, support and security, development experience, etc. related to the preschool education and childcare services.
Article 12
The individuals and organizations that have made outstanding contributions to the preschool education and childcare services shall be commended and rewarded in accordance with the provisions of the State and this Municipality.
Chapter II Planning and Construction
Article 13
The municipal education department shall, together with the municipal planning and resources department, define the standards, requirements and layout of the land for the construction of kindergartens and their classes in this Municipality according to this Municipality's population, public service resources, demand for preschool education and childcare services and other factors. The layout of kindergartens and classes in this Municipality shall be integrated into the corresponding land space planning after being comprehensively balanced by the municipal planning and resource department. The district and town/township people's governments shall be responsible for the promotion and implementation of the relevant plans in their respective administrative regions.
Article 14
The rights to use state owned land may be provided in the form of allocation if the supporting kindergartens and their class facilities in newly built residential areas conform to the relevant provisions of the State on the allocation of land.
The preschool education and childcare service facilities in rural areas that meet the requirements of the plans may use the land collectively owned by farmers according to law.
Article 15
This Municipality allocates the preschool education and childcare service facilities according to the permanent population and needs in the regions. The number of schooling per 10,000 people for preschool education and the number of childcare services per 1,000 people shall be determined in accordance with the relevant provisions of the State and this Municipality.
The newly-built residential areas shall, in accordance with the national and municipal planning requirements and construction standards, build supporting kindergartens and their class facilities, plan, design, construct, accept and deliver them for use simultaneously with the housing, and the education departments shall participate in the evaluation and acceptance in accordance with the relevant provisions. The supporting kindergartens and their classes shall be run as public kindergartens or commissioned as inclusive private kindergartens to provide inclusive preschool education and childcare services.
Where the kindergartens and their classes in the completed residential areas fail to meet the planning requirements or construction standards, the local district people's governments shall supplement and improve them by way of building, expanding, rebuilding and supporting the participation of the social forces.
The district people's governments shall strengthen the construction of preschool special education resources, set up specialized preschool special education classes or preschool special education institutions according to the number, type and distribution of the preschool children with special needs within their administrative regions, and ensure that the preschool special education services cover all the sub districts and townships.
Article 16
The district people's governments shall coordinate the construction and management of the community childcare centers as a whole. The town/township people's governments and sub district offices shall build community childcare centers to provide temporary care services according to the population structure, demand for nurseries and the allocation of resources such as community public service facilities within their jurisdictions.
The district people's governments shall incorporate the community childcare services and guidance services for family scientific childcare into the construction of the 15 minute community life circle, rural community life circle and comprehensive community service systems.
Article 17
The kindergartens and childcare institutions shall, in accordance with the relevant site selection requirements of the State and this Municipality, be set up in safe areas with well ventilated air, sufficient sunshine, convenient transportation, complete infrastructure and meeting the requirements of hygiene, environmental protection, earthquake resistance, fire control, evacuation, etc.
The construction of kindergartens and childcare institutions shall conform to the relevant construction standards, norms and requirements of the State and this Municipality.
The community childcare centers may be set up separately or by relying on public service facilities in the communities. They shall have relatively independent space and meet the standards and specifications of health, environmental protection, fire protection, etc. Outdoor activity sites may be set up when conditions permit.
Article 18
This Municipality regards the construction of preschool education and childcare service facilities as an important part of urban renewal. On the premise of ensuring public interests and meeting the renewal objectives and safety requirements, it may optimize the land use nature, plot ratio, building height and other indicators according to the regulations.
Article 19
Without going through legal procedures, no organization or individual may change the purpose of the land used for the construction of preschool education and childcare service facilities or the nature of the use of the facilities, or encroach on, damage or dismantle preschool education and childcare service facilities without authorization.
Chapter III Establishment and Management
Article 20
The establishment of kindergartens and childcare institutions shall meet the following basic requirements:
1. having the organization, articles of association and canonical name;
2. having qualified employees;
3. having premises, function rooms, facilities and equipment that meet the standards and specifications;
4. having the necessary funds and stable sources of funds; and
5. meeting other requirements prescribed by laws and rules.
Article 21
The establishment of public kindergartens shall be subject to the registration of public institutions as legal persons in accordance with the provisions of the State and this Municipality governing the registration of public institutions.
For the establishment of privately run kindergartens, applications for school running licenses shall be filed with the district education departments where the kindergartens are located according to law, and registration formalities shall be gone through with the civil affairs or market regulation departments according to law.
For the establishment of childcare institutions, registration formalities shall be gone through with the civil affairs or market regulation departments according to law. Applications for registration as social service institutions shall be examined and approved by the competent business departments according to law. The childcare institutions shall, within 15 working days after going through the relevant registration formalities, file with the district education departments where they are located, and submit the materials that can prove their meeting the requirements specified in Article 20 of these Regulations. The district education departments shall publish the lists of the registered childcare institutions and other information to the public, and update them in a timely manner.
For the change and termination of kindergartens and childcare institutions, the formalities of change or cancellation shall be gone through in accordance with the relevant provisions of the State and this Municipality.
Article 22
The public kindergartens and inclusive private kindergartens shall provide inclusive preschool education services in accordance with the provisions. The governments may purchase inclusive preschool education services from private kindergartens.
The kindergartens in this Municipality shall set up day care classes according to the requirements of the plans. The day care classes run by public kindergartens, the inclusive day care classes run by private kindergartens and the inclusive childcare institutions shall provide inclusive childcare services according to the provisions. The governments may purchase inclusive childcare services from childcare institutions.
The municipal education department shall, together with relevant departments, formulate the administrative measures for the identification of inclusive private kindergartens and inclusive childcare institutions, and the district education departments shall, together with the relevant departments, be responsible specifically for the identification.
Article 23
No organization or individual may use the financial funds, state-owned assets or collective assets to establish or support the establishment of for-profit privately run kindergartens.
The public kindergartens shall not be transformed into private kindergartens. The public kindergartens shall not establish or participate in the establishment of for-profit private kindergartens and other educational institutions.
The establishment or participation of kindergartens by social capital shall comply with the restrictive provisions of the State on investment and financing.
Article 24
The director (principal) responsibility system shall be applied to the kindergartens and childcare institutions.
The kindergartens and childcare institutions shall establish and improve the information publicity systems, publicize the information such as condition and facilities, staffing, recruitment requirements and charging standards to the society, and accept social supervision.
Article 25
The kindergartens and childcare institutions shall establish and improve their financial, accounting and asset management systems according to law, strictly manage the funds, and improve the efficiency of fund use.
The kindergartens shall, in accordance with the provisions, make their financial affairs public and accept social supervision. The privately run kindergartens shall annually submit their financial and accounting reports audited by social intermediaries to the district education departments where they are located, and publish the audit results.
Article 26
The government guidance price shall be applied to the charging standards for the public kindergartens and their nursing classes. The relevant charging standards shall be reasonably determined by taking into account the government investment, the level of economic and social development, the operating cost, the affordability of the masses and other factors, and a dynamic adjustment mechanism shall be established.
The charging standards for the inclusive private kindergartens and their nursing classes and the inclusive childcare institutions shall be determined by reference to this Municipality’s basic standards of the per capita funding for preschool education.
The kindergartens and childcare institutions shall inform the parents of the charging items and standards, charging methods, service contents, refund rules, etc.
Article 27
The community childcare centers shall have qualified sites, facilities and equipment, equipped with qualified employees, and provide childcare services according to the standards and norms.
The town/township people's governments and sub district offices may operate and manage the community childcare centers by themselves, or entrust preschool education institutions or childcare institutions with corresponding qualifications and conditions to operate and manage by means of purchasing services or entrusted operations.
Chapter IV Childcare and Education
Article 28
Priority be shall given to the protection of the children's physical and mental health and safety in the preschool education and childcare services.
In the preschool education, the principle of combining childcare and education shall be adhered to. The preschool education shall scientifically implement childcare and education activities, pay attention to individual differences, pay attention to the formation of good habits, and promote the development of physical and mental health of the preschool children.
In the childcare services, the principle of giving priority to care and integrating childcare with education shall be adhered to. The childcare service shall create a safe, healthy and appropriate childcare environment based on the physical and mental development characteristics of the infants under three years of age so as to promote the healthy growth of the infants.
Article 29
The kindergartens and childcare institutions shall establish and improve safety management systems and safety responsibility systems for safety and security, fire control, facilities and equipment, food and drugs, improve physical and technical protection facilities and equipment, regularly carry out safety education and training, safety inspection and emergency drills, eliminate potential safety hazards in a timely manner, and ensure the personal safety of the children in the kindergartens and during the childcare time. Video monitoring facilities shall be installed at the entrances and exits, children's activity places, rest places and other areas, and the monitoring records shall be kept for at least 90 days.
Where it is found that a child's physical and mental health has been infringed, is suspected of being infringed, or is facing other dangerous situations, the kindergartens and childcare institutions shall immediately report to the education, public security and other departments. In the event of an emergency or critical situation, priority shall be given to protecting the personal safety of the children, emergency relief and protective measures shall be taken immediately, the parents or other guardians shall be notified in a timely manner, and the matter shall be reported to the relevant departments.
The kindergartens shall purchase corresponding liability insurance according to the provisions. The childcare institutions and community childcare centers shall be encouraged to take out liability insurance.
Article 30
The kindergartens and childcare institutions shall reasonably arrange the daily life of the children in the kindergartens and childcare time, scientifically and reasonably arrange nutritious meals and physical exercises, and ensure the time, effect and quality of outdoor activities. They shall do a good job in health care, such as health examination, cleaning and disinfection, prevention and control of infectious diseases, and prevention of common diseases, so as to promote the children's normal physical development and mental health.
Where an infectious disease or a suspected infectious disease is found, the kindergartens and childcare institutions shall immediately report to the health and education departments or disease prevention and control institutions and implement the relevant prevention and control measures according to the provisions.
Article 31
The kindergartens shall take games as the basic activities to help the preschool children gain experiences beneficial to their physical and mental development and develop good conducts, living and learning habits by getting close to nature, practical operation, personal experience and other ways.
The childcare institutions shall promote the healthy development of the infants' physical development, movement, language, cognition, emotion and social nature in their life and play.
Article 32
The kindergartens shall accept the preschool children with special needs who are able to adapt to collective life into the kindergartens, and implement integrated education via regular classes, special education classes, etc.
The preschool classes for special education or preschool special education institutions set up specially shall accept the children with special needs who do not have the abilities to receive general preschool education, and provide them with targeted education, rehabilitation and health care services.
The special education guidance institutions of each district shall provide guidance to the kindergartens, preschool classes for special education, and preschool special education institutions.
Article 33
The kindergartens and childcare institutions shall provide and use facilities and equipment, playing and teaching aids, children's picture books, teachers' guide books and other educational, teaching and childcare materials that meet the relevant requirements of the State and this Municipality.
The kindergartens and childcare institutions are encouraged to use various activity resources and educational resources such as those of the families and communities to expand the children's living and learning space.
Article 34
The childcare institutions and kindergartens, kindergartens and primary schools shall cooperate with each other, establish scientific linkage mechanisms, jointly help the children adapt to collective life, and prepare them for school admission.
Article 35
The kindergartens and childcare institutions shall regularly communicate with the parents or other guardians about the physical and mental development of their children, and guide the families to carry out scientific child rearing.
The kindergartens and childcare institutions shall establish and improve the parent committees, and they may set up parent school if conditions permit.
The parents or other guardians shall actively cooperate with and support the kindergartens and childcare institutions to carry out childcare education.
Article 36
The kindergartens and childcare institutions shall not use the methods of primary school education, teach the curriculum contents of primary schools, organize examinations or tests in any form, or carry out activities that go against the law of physical and mental development of the children and the characteristics of their age.
The kindergartens and childcare institutions shall not solicit subscriptions for textbooks and teaching materials from children and their parents, and shall not promote or sell goods and services in disguised ways.
Article 37
The community childcare centers shall establish and improve the safety management systems, improve the safety management measures, reasonably arrange the children's life and activities in the childcare centers, implement the requirements of site cleaning and disinfection, prevention and control of infectious diseases, etc., and do a good job in the temporary care for the children.
Chapter V Practitioners
Article 38
The childcare and education practitioners of preschool education and childcare services shall love the cause of preschool education and childcare services, respect, care for and equally treat the children, follow the law of children's development, devote themselves to educating the children, and constantly improve their professional qualities and professional skills.
The kindergartens and childcare institutions shall establish and improve the training and assessment systems for the childcare and education practitioners, constantly improve their professional qualities, and improve their abilities in childcare and education, nursing and service.
Article 39
The kindergartens shall, in accordance with the national staffing standards forthe kindergartens, provide teachers, caregivers and other staff members. The provision of teachers and staff members in the public kindergartens shall conform to the staffing standards of the relevant organizations.
The childcare institution shall, in accordance with the provisions of the standards for the establishment of childcare institutions in this Municipality, provide staff members engaged in childcare, health care, nutrition and other work.
The community childcare centers shall, in accordance with the provisions of the relevant standards of this Municipality, provide staff members engaged in temporary care, nursing, health care and other work.
The kindergarten directors, teachers, caregivers and other staff members, as well as the responsible persons and staff members of the childcare institutions, shall meet the relevant qualifications, employment experiences and other requirements prescribed by the State.
Article 40
The kindergartens and childcare institutions shall, in accordance with the relevant provisions of the State, guarantee the salaries, benefits and treatment of the teachers, caregivers and other staff members, pay social insurance and housing funds for them according to law, and improve their working and living conditions.
The salary income level of the teachers in the public kindergartens shall be determined in accordance with the relevant provisions of the State and this Municipality. The private kindergartens may reasonably determine the teachers' salary income by referring to the salary income level of the teachers in the public kindergartens.
The district people's governments shall include the salaries of the teachers and caregivers in the public kindergartens into the scopes of financial security to ensure that they are paid in full and on time.
The relevant industry associations may regularly issue the industry guidance prices for the salary income of the childcare staff members to guide the reasonable determination of the salary level of the relevant practitioners.
Article 41
The kindergarten teachers shall enjoy the same treatment as the primary and secondary school teachers in terms of professional title assessment, post appointment (employment), etc.
The qualified kindergarten health care personnel shall be included in the relevant professional title series. The relevant departments shall optimize the evaluation standards of the professional titles and smooth the career development path of the kindergarten health care personnel.
The teachers in the suburban kindergartens who meet the requirements may enjoy the corresponding allowances and subsidies according to the provisions. The kindergarten teachers who undertake special education tasks shall enjoy special education allowance according to the provisions.
The evaluation of the technical skills of the relevant staff members of childcare institutions shall be carried out in accordance with the relevant provisions of the State and this Municipality.
Article 42
The departments of education, health, human resources and social security shall formulate and implement plans for the training of preschool education and childcare service personnel and vocational training, and strengthen the construction of the workforce of the preschool education and childcare service personnel by supporting the institutions of higher learning and vocational schools to set up the relevant specialties, courses and introduce talents.
Article 43
Before employing (recruiting) their staff members, the kindergartens, childcare institutions and community childcare centers shall conduct background investigation and health examination, and shall not employ (recruit) those under any of the following circumstances:
1. having criminal records;
2. being punished or disciplined by public security administrations due to abuse, sexual assault, sexual harassment, violence and other acts;
3. having illegal or bad acts such as drug abuse, alcohol abuse and gambling;
4. suffering from chronic infectious diseases, mental diseases and other diseases that are not suitable for preschool education and childcare services;
5. having acts that seriously violate the ethics and style of the teachers; or
6. being involved in other situations possibly endangering the physical and mental safety of the children and not suitable for preschool education and childcare services.
When the staff members of the kindergartens, childcare institutions and community childcare centers suffer from the diseases mentioned in the fourth item of the preceding paragraph during their work, they shall immediately leave their posts for treatment.
Article 44
The staff members of the kindergartens, childcare institutions and community childcare centers shall not physically punish children or physically punish children in disguised forms, and shall not discriminate, insult, maltreat, sexually infringe or commit other acts that violate the professional ethics or harm the physical and mental health of the children.
Chapter VI Scientific Family Childcare Guidance
Article 45
Relying on the municipal and district guidance institutions of family scientific childcare and community guidance stations (centers) for family scientific childcare, this Municipality establishes a guidance service network of family scientific childcare covering urban and rural communities, and provides scientific childcare guidance services for the families of school-age children via the combination of online and offline modes.
The education, health and other departments and women's federations shall improve the guidance mechanism of family scientific childcare, strengthen the support and guidance for family care, provide various forms of family scientific childcare guidance services, and enhance the family's scientific childcare capabilities.
Article 46
The guidance institutions and guidance stations (centers) for family scientific childcare shall promote the accessibility of scientific childcare guidance services and enrich the contents and forms of family scientific childcare guidance services by means of home guidance, organizing public welfare activities and parent-child activities, parents' classrooms, and cooperate with the kindergartens and childcare institutions to provide offline guidance services.
This Municipality develops and builds platforms of mobile clients, websites and other family scientific childcare guidance information, and carries out online guidance services via online consulting, publicity and training to improve the convenience for accessing to services.
Article 47
To carry out the guidance for scientific family childcare, the physical and mental characteristics and development laws of the children of different ages shall be taken as the basis; attention shall be paid to the individual differences; flexible and diverse guidance measures, ways and means shall be adopted to help the families establish the concepts of scientific childcare and master the scientific childcare methods.
The parents or other guardians shall closely cooperate with the family scientific childcare guidance institutions and guidance stations (centers), actively participate in the public welfare childcare guidance and practical activities provided by them, and jointly promote the healthy growth of the children.
Article 48
The education, health and the other departments, town/townships people's governments, and sub-district offices shall strengthen the construction of the service teams for scientific family childcare guidance by purchasing services, hiring full-time and part-time personnel, providing social workers, and introducing volunteers.
This Municipality, relying on the institutions of higher learning and community schools, establishes teams of full-time and part-time teachers for family scientific childcare guidance and training, carries out research on family scientific childcare guidance, prepares guidance courses and programs, and strengthens training and guidance for the family scientific childcare guidance personnel.
The persons with preschool education, childcare, health care and other professional backgrounds are encouraged to participate in the family scientific childcare guidance services.
Chapter VII Support and Guarantee
Article 49
The mechanism of fund input dominated by government investment and raised through multiple channels shall be adopted for the preschool education. The fund input mechanism of government support and social participation shall be adopted for the childcare services. The financial subsidies for the preschool education and childcare services shall be included in the municipal and district financial budgets in accordance with the principle of matching authority and expenditure responsibility.
The municipal people's government formulates the basic standards of per student funds for the public kindergartens, the basic standards of per student public funds, and the subsidy standards for the inclusive private kindergartens, which are adjusted in due time according to the economic and social development. The district people's governments shall guarantee the input of daily funds according to those not less than the basic standards.
The basic standards of per student funding and per student public funding for the preschool special education shall be appropriately raised, taking into account the needs for childcare, education and rehabilitation.
The people's governments at all levels shall improve the funding support mechanisms for the inclusive childcare services.
Article 50
The people's governments at all levels shall support the development of the inclusive privately run kindergartens by means of comprehensive awards, subsidies, purchase of services, reduction or exemption of rent, etc.
The municipal and district people's governments shall take comprehensive measures such as planning, land, housing, finance, finance and talents to support the social forces to set up childcare institutions and support the development of the inclusive childcare institutions and community childcare centers.
Article 51
The fees for the use of water, electricity, gas and telephones by the kindergartens and childcare institutions shall be charged according to the price standards for the residents’ living. The kindergartens and childcare institutions shall enjoy preferential payment when using cable TV according to the relevant provisions of this Municipality.
Article 52
This Municipality establishes a subsidy system for preschool education to provide subsidies for the children from economically disadvantaged families, orphans, disabled children, etc. to receive inclusive preschool education.
The childcare institutions are encouraged and supported to reduce childcare costs for the children with financial difficulties.
Article 53
The municipal education department shall establish and improve the information service platform for the preschool education and childcare services, connect with the "Government Online-Offline Shanghai" platform for government services, provide information inquiry, policy consultation, online services, etc., and accept complaints and reports.
The education, market regulation, civil affairs and other departments shall strengthen information sharing, publicize the work guidelines, simplify and standardize the work procedures, and provide guidance and convenient services for the establishment, registration, filing, etc. of the kindergartens and childcare institutions.
Article 54
This Municipality promotes the application of the new generation of information technology, such as artificial intelligence, Internet of Things, cloud computing, big data, in the fields of preschool education and childcare services, supports the relevant industry organizations to release the demands for intelligent preschool education and childcare service application scenarios, and guides the social forces to develop technologies and applications that support the preschool education and childcare services.
The kindergartens and childcare institutions are encouraged and supported to use information technology for management and childcare education, and improve the level of their information application.
Chapter VIII Supervision and Administration
Article 55
This Municipality shall improve the comprehensive regulatory mechanism for preschool education and childcare services, formulate a list of regulatory responsibilities, and clarify the division of responsibilities of the relevant functional departments, the district and town/township people's governments, and sub-district offices. The people's governments at all levels shall coordinate the relevant functional departments and strengthen the comprehensive supervision and management of preschool education and childcare services.
The departments of education, planning and resources, health, housing management, market regulation, public security, emergency management, fire and rescue institutions shall, according to their respective responsibilities, strengthen the supervision and inspection of the establishment, planning, service quality, building safety, charge management, public health, food safety, fire safety and other acts of the kindergartens and childcare institutions, and strengthen the sharing of regulatory information and law enforcement cooperation based on the "Integrated Online Management " platform.
Article 56
The education departments shall strengthen the construction of the safety risk prevention and control system for the kindergartens and childcare institutions, guide and supervise the kindergartens and childcare institutions to implement their safety management responsibilities together with the public security, emergency management and other departments, and timely identify and eliminate the potential safety hazards.
Article 57
The financial and auditing departments shall, in accordance with their respective duties, strengthen the supervision and management of the input and use of the financial funds for the kindergartens and childcare institutions.
No unit or individual may embezzle or misappropriate the funds for preschool education and childcare services, or charge fees from and apportion expenses to the kindergartens and childcare institutions in violation of the provisions.
Article 58
The education and health departments shall improve the quality evaluation and monitoring system of the preschool education and childcare services, improve the quality evaluation standards, regularly evaluate the quality of the childcare education and services in the kindergartens, childcare institutions and community childcare centers, and publish the evaluation results to the society.
Article 59
The educational supervision institutions of the municipal and district people's governments shall supervise preschool education according to law, and the supervision reports shall be released to the public on a regular basis, and shall serve as an important basis for assessing, rewarding and punishing the supervised units and their main responsible persons.
Article 60
The standing committees of the municipal and district people's congresses shall strengthen the supervision over the preschool education and childcare services in their respective administrative areas by listening to and deliberating special work reports, making inquiries and addressing questions, and conducting law enforcement inspections.
The standing committees of the municipal and district people's congresses shall give full play to the role of the deputies to the people's congresses and the grassroots legislative contact centers, organize NPC deputies to carry out special research and inspection activities about preschool education and childcare services, collect and reflect the opinions and suggestions of the people, and urge those concerned to carry out the work related to the preschool education and childcare services.
Chapter IX Legal Liabilities
Article 61
For the acts in violation of the provisions of these Regulations, where laws and administrative rules have already provided for handling, such provisions shall prevail.
Those who, in violation of the provisions of these Regulations, infringe upon the legitimate rights and interests of the kindergartens, childcare institutions, community childcare centers and their children in the kindergartens and during childcare time, and their employees, and cause property losses and personal injuries, shall bear civil liabilities according to law. If it constitutes an act against the administration of public security, it shall be punished according to law. If a crime is constituted, criminal responsibilities shall be investigated according to law.
Article 62
Where kindergartens are under any of the following circumstances, the education departments or the relevant competent departments shall order them to make corrections within a time limit and give them warnings. If there are any illegal gains, the illegal gains shall be confiscated after the fees collected are returned. If the circumstances are serious, the kindergartens shall be ordered to stop enrollment and their school running licenses shall be revoked:
1. collecting fees in violation of the national and municipal provisions, or withholding or misappropriating the relevant fees;
2. failing to strengthen the construction of security and prevention, fulfill the responsibility of security, or failing to fulfill the responsibility of health care according to law;
3. using materials of education, teaching and childcare activities that do not meet the relevant requirements of the State and this Municipality;
4. teaching the curriculum contents of primary school, or carrying out activities that go against the laws of physical and mental development and age characteristics of the children;
5. organizing examinations or tests; or
6. there existing corporal punishment or corporal punishment in disguised forms, discrimination, humiliation, maltreatment, sexual assault and other acts that damage the physical and mental health of the children.
Article 63
Where the childcare institutions, in violation of the provisions of Paragraph 3 of Article 21 of these Regulations, fail to file as required or conceal information or provide false materials when filing, the local district education departments shall order them to make corrections within a time limit and may impose a fine of not less than 1000 yuan but not more than 10000 yuan.
Where the childcare institutions violate the provisions of Article 62 of these Regulations, the education departments or the relevant competent departments shall order them to make corrections within a time limit and give them warnings. If there are any illegal gains, the illegal gains shall be confiscated after the fees collected are returned. If the circumstances are serious, their childcare service shall be ordered to stop.
Article 64
Where the employees of the kindergartens, childcare institutions and community childcare centers have committed the prohibited acts specified in Article 44 of these Regulations, the institutions or the education departments shall, depending on the circumstances, give the parties concerned and the persons in charge of the institution sanctions. If the circumstances are serious, the relevant competent departments shall revoke their qualification certificates and restrict them from running kindergartens and childcare institutions or engaging in the preschool education and childcare services.
Article 65
Those who, in violation of the provisions of these Regulations, change the purpose of the land used for the construction of the preschool education and childcare service facilities without legal procedures, or the construction units fail to build the kindergartens and their classes in accordance with the approved planning requirements, shall be dealt with by the planning and resource departments according to law.
Article 66
For the acts in violation of the provisions of these Regulations, in addition to investigating the corresponding legal liabilities according to law, the relevant departments shall also collect the dishonest information of the relevant units and individuals to the municipal public credit information platform according to the provisions, and take disciplinary measures according to law.
Article 67
When the relevant departments and their staff members fail to perform their duties according to law in the preschool education and childcare services, the units to which they belong or the competent departments at a higher level shall order them to make corrections; Those who neglect their duties, abuse their powers or engage in malpractices for personal gains shall be given sanctions according to law. If a crime is constituted, criminal responsibilities shall be investigated according to law.
Chapter X Supplementary Provisions
Article 68
These Regulations shall apply to the implementation of the preschool education and childcare services by the kindergartens (classes), nurseries and other preschool education institutions and childcare institutions attached to universities, ordinary primary and secondary schools, special education schools, child welfare institutions, rehabilitation institutions, etc.
Where the government organs, enterprises and institutions, parks, commercial buildings, etc. to provide welfare temporary childcare services, they shall file with the district education departments where they are located in accordance with the provisions. The site selection, staffing, daily management, etc. shall be implemented with reference to the relevant provisions of the community childcare centers.
Article 69
These Regulations shall be effective as of January 1, 2023.