Typical cases | Administrative dispute over schooling for children of migrant workers

Published:

2021-11-09

Brief of the case With the continuous influx of migrant population into big cities, how to arrange the enrollment of migrant workers' children has become an important work of the local education administrative department. There are a large number of migrants in a certain district. In recent years, the influx of migrants has far exceeded the growth rate of educational resources. The number of school-age children of migrant workers has increased sharply, and the supply of educational resources is highly tight. In the face of such a constantly intensifying contradiction between supply and demand, the Education Bureau of a certain district, according to the requirements of its superiors and after full investigation, and drawing lessons from the practices of Beijing, Shanghai and other provinces and cities, implemented a quantitative allocation policy, so as to achieve scientific allocation and solve as many problems as possible for the children of migrant workers. However, the number of applicants in some schools in the jurisdiction far exceeds the enrollment limit, and some school-age children are unable to attend the registered schools, which causes the parents of the students to be dissatisfied with the education department, which leads to disputes or lawsuits. This case is a typical example. In this case, the plaintiff Zhang's household registration is located in a village in a county and lives in a residential area in a district. When Zhang reached the age of admission, Zhang's parents submitted to a district education bureau application materials such as household registration certificate, work certificate, residence permit, individual business license, etc., and a district education bureau made quantitative scores on the spot based on the materials submitted by him. The total score was 25 points, and Zhang's father signed the score confirmation form. Since then, a district education bureau announced that the enrollment score for the children of migrant workers in its jurisdiction was 19.5 points, and at the same time announced the remaining degrees of each elementary school. Zhang's father applied to a district experimental primary school through the Internet, and agreed to obey the overall adjustment arrangement of the Education Bureau in accordance with the principle of relative proximity if the school has real difficulties in receiving it. After the education bureau told Zhang's father that his daughter's quantitative score did not reach the admission score of 26.5 in a district experimental primary school, she needed to apply for the second time as soon as possible according to the vacant degree in the existing school, but Zhang's father refused to apply for the second time. In order to protect Zhang's right to receive education, a district education bureau transferred him to Tianmou Road Primary School according to the principle of relatively nearby enrollment. Zhang's mother signed the admission notice of Tianmou Road Primary School. Later, Zhang filed an administrative lawsuit with a district people's court, asking the court to revoke the decision of a district education bureau to transfer him to Tianmou Road Primary School and reschedule him to study in a district experimental primary school. The main reasons stated by the plaintiff are: 1. a district education bureau's quantitative scoring policy for the children of migrant workers is illegal; 2. schools are the main body of enrollment work, and a district education bureau has no right to make a decision on the plaintiff's application for admission; 3. the plaintiff lives in a district experimental primary school district, priority should be given to the plaintiff's enrollment nearby. A district education bureau violated the plaintiff's right to equal compulsory education. On September 1, that is, during the trial of the lawsuit, the plaintiff reported to Tianmou Road Primary School. Undertaking process After accepting the entrustment of the Education Bureau, the attorney carefully studied the case and prepared for the lawsuit from the following aspects: First, summarize the laws and regulations, normative documents and related policies related to compulsory education at the national, provincial, municipal, and district levels. In particular, focus on the regulations on the enrollment of children of migrant workers; second, collect relevant cases and articles from all over the country, find out the expert opinions or court judgments that support the claims of the education department; Third, straighten out the evidence materials, and divide the materials submitted by the plaintiff and the materials made by the education bureau and the school from the application for quantitative assignment to the period of enrollment, so as to prevent omissions. On this basis, carefully write the defense, and compile the above-mentioned materials in different categories, list the evidence, and submit them to the court within the prescribed time limit. Proxy opinion In response to the plaintiff's claims and the reasons for the prosecution, the attorney mainly replied from the following three aspects: 1. District Education Bureau has the right to formulate the enrollment policy of its jurisdiction in combination with the actual situation Article 6 of the Regulations on Compulsory Education in Shandong Province stipulates: "Compulsory education is implemented in a system of overall planning and implementation by the provincial people's government, organization and implementation by the municipal people's government divided into districts, and management by the county (city, district) people's government. The education administrative departments of the people's governments at or above the county level are specifically responsible for the implementation of compulsory education; other relevant departments do a good job in the implementation of compulsory education in accordance with their duties." Article 3 of the Municipal Education Bureau's "Opinions on School Enrollment at the Stage of Compulsory Education in a City" stipulates: "The children of migrant workers who apply for admission must bring the household registration certificate that proves the relationship between the children, the work certificate (employment contract, the" five insurance "payment document paid by the unit or the social security payment document paid by the individual, the business license, etc.), and the temporary residence permit (Residence permit), proof of current residence (rental) to the Education Bureau of the county (city) district where the current residence is located to go through the relevant procedures. The certificate of consent to go out to receive compulsory education issued by the education administrative department of the original place of household registration may be submitted after enrollment. The education administrative departments of all counties (cities) and districts shall, on the basis of investigation, publicize the remaining degrees of the school in advance, and actively explore the method of quantifying the admission conditions according to the education capacity, the remaining degree situation and the number of children of migrant workers who move with them, and give priority to arranging the children of migrant workers with higher scores to go to school." Therefore, a district education bureau, as the local education administrative department, has the right to formulate enrollment plans and related policies in accordance with the requirements of laws and superior documents, combined with the actual situation of the region. A district education bureau requires the plaintiff to submit relevant materials and quantify them, which is in full compliance with the relevant provisions of laws and regulations. The 2. education department has the right to make overall arrangements for school-age children to attend schools. Article 14 of the regulations of Shandong Province on compulsory Education stipulates: "if school-age children or teenagers whose parents or other legal guardians work or live in places other than their registered residence receive compulsory education in their parents' or other legal guardians, their parents or other legal guardians shall hold their own identity, residence and employment certificates, Apply to the school of the school district where the place of residence is located. If it is really difficult for the school to accept, the education administrative department of the people's government of the county (city, district) where it resides shall make overall arrangements to study in public schools in accordance with the principle of relatively nearby enrollment." According to the above provisions, although the school is the main body of enrollment work, the education department has the right to make overall arrangements for school-age children to attend schools when there are real difficulties in receiving them. Therefore, if the plaintiff is not admitted to a district experimental primary school, a district education bureau has the right to transfer him to Tianmou Road Primary School in the jurisdiction. A district education bureau in 3. protected Zhang's right to receive compulsory education in accordance with the law. The "relative proximity principle" does not refer to the school that is closest in a straight line to the address of residence, but to the school that is relatively close to its location. The plaintiff stated in the complaint: "Agree to obey the defendant's overall adjustment and arrangement according to the principle of relative proximity if the school has real difficulties in receiving it", proving that the school is subject to adjustment. A district education bureau arranged the plaintiff to attend Tianmou Road Primary School, which is less than 3 kilometers away from home and has the highest teaching conditions in a district, according to the number and distribution of migrant workers' accompanying children in the region, which is in full compliance with the above provisions. The plaintiff had agreed to attend school, and a district education bureau guaranteed his equal right to compulsory education. court decision The court of first instance held that the plaintiff, as a school-age child, had the right to receive compulsory education. When the plaintiff applied for admission, although his household registration was not in a certain district, his parents worked in a certain district, and the plaintiff now lived in a certain district with his parents. The plaintiff had the right to receive compulsory education in a certain district. The defendant, a district education bureau, as the district education administrative department, has the authority to recruit students at the compulsory education stage. The defendant can formulate specific enrollment policies according to the actual situation of a certain district. The scoring criteria adopted by the defendant at the enrollment stage are equally applicable to school children who are not registered in a certain district, and there is nothing improper. The plaintiff applied to the defendant to study in an experimental primary school in a certain district. According to the application materials submitted by the plaintiff, the score was 25 points, which did not reach the minimum score of 26.5 points in an experimental primary school in a certain district. The defendant arranged for him to attend Tianmou Road Primary School, which is relatively close to his home, which has already guaranteed the plaintiff's equal right to receive compulsory education. The judgment rejected the plaintiff Zhang's claim. The plaintiff appealed against the judgment of the first instance, and the court of second instance held that the appellant Zhang, as a school-age child of the children of migrant workers, had the right to receive compulsory experimental education with his parents in accordance with the law. A certain district is an area with a large population of migrant workers. According to the Municipal Education Bureau's Opinions on School Enrollment in the Compulsory Education Stage, in order to protect the equal right to education, the appellee, as the education authority, formulates relevant issues in accordance with the provisions of the higher-level documents and the actual situation of the region. The policy does not violate the restrictive provisions of the law. The appellant's legal representative chose a district experimental primary school through the appellee's online registration system and was not admitted to the school. The appellant chose to obey the transfer, and the appellee transferred the appellant to Tianmou Road Primary School, which is relatively close to his parents' place of residence, according to the vacant degree of primary school in the area under his jurisdiction, and has enrolled in school, thus ensuring his right to compulsory education. The appellee's transfer was not improper and did not violate the prohibition. The appellant's request for revocation of the transfer was not justified and the Court did not support it. The appellant's failure to be admitted to a district experimental primary school was an act made by the school. The appellee did not make the act of transferring the appellant from a district experimental primary school. Therefore, the appellant's request to order the appellee to transfer him back to an experimental primary school was not supported by the court. The court of first instance found that the facts were clear, the application of the law was correct and should be maintained in accordance with the law. The judgment rejected the appeal and upheld the original judgment. case analysis There are four main points of controversy in this case: Is the adjustment made by the 1. District Education Bureau to the plaintiff actionable? The adjustment decision made by the District Education Bureau has had a practical impact on the plaintiff's rights and interests in education. It is a specific administrative act, which falls within the scope of accepting cases stipulated in Article 12 of the Administrative Procedure Law and is actionable. Does the 2. District Education Bureau have the right to formulate relevant policies for the enrollment of children of migrant workers? According to Article 6 of the Regulations on Compulsory Education in Shandong Province and the Opinions on School Enrollment in a City's Compulsory Education Stage, a district education bureau, as the local education administrative department, obviously has the right to formulate enrollment policies based on local actual conditions. It is legal to assign quantitative scores to the children of migrant workers, and require schools to enroll from high to low. Does the 3. District Education Bureau have the right to adjust the school attended by the plaintiff? According to Article 14 of the regulations on compulsory Education in Shandong Province, it is not the school to which the plaintiff applies for admission, the school must arrange for him to attend. If the school has real difficulties in accepting it, the local education administrative department can make overall arrangements in accordance with the principle of relatively nearby enrollment. Does the adjustment made by the 4. District Education Bureau violate the plaintiff's right to equal access to compulsory education? The plaintiff's score did not reach the admission score of a district experimental primary school. The district education bureau arranged for him to study in Tianmou Road Primary School, which is relatively close to his home, and has already guaranteed his equal right to receive compulsory education. Case-handling thinking Government departments should do a good job in the legal risk style of the formulation of relevant normative documents. Article 47 of the Provisions on Administrative Procedures of Shandong Province: "The formulation of normative documents shall be conducted by means of symposiums, demonstration meetings and public solicitation of opinions. Where the contents of the normative documents involve significant public interests, where the public has significant differences that may affect social stability, or where laws, regulations and rules provide for a hearing, the drafting department shall organize a hearing." The notice of the Legislative Affairs Office of the provincial government on the implementation of the unified registration, unified numbering and unified publication system of normative documents (Lu Fu Fa [2011] No. 56) clearly requires that from January 1, 2012, all normative documents should be examined for legality, and the system of unified registration, unified numbering and unified publication (hereinafter referred to as the "three unification" system) should be implemented in the legal institutions of the people's government at the same level; normative documents that do not implement the "three unifications" system are valid until December 31, 2015. The documents will automatically expire on January 1, 2016 and shall no longer be used as the basis for administrative management. Therefore, documents related to major public interests formulated by government departments must strictly follow the requirements for the formulation of relevant normative documents in the ''Administrative Procedure Regulations of Shandong Province'', and extensively solicit public opinions by organizing hearings and holding demonstration meetings, and go to the legal system in accordance with the law. The department conducts unified registration, unified numbering and unified publication. Otherwise, in the process of administrative litigation, if the parties submit a request to the court to review the legality of the document, the administrative agency will face the legal risk of losing the lawsuit.

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