Circular 55/2011/TT-BGDDT promulgating the Parent Association Charter

CIRCULAR

Promulgating the Parent Association Charter

Pursuant to the Education Law dated June 14, 2005 and the Law Amending and Supplementing a Number of Articles of the Education Law dated November 25, 2009;

Pursuant to the Government’s Decree No. 75/2006/ND-CP dated August 02, 2006, detailing and guiding the implementation of a number of articles of the Education Law; the Government’s Decree No. 31/2011/ND-CP dated May 11, 2011, amending and supplementing a number of articles of the Government’s Decree No. 75/2006/ND-CP dated August 02, 2006, detailing and guiding the implementation of a number of articles of the Education Law;

Pursuant to the Government’s Decree No. 178/2007/ND-CP dated December 03, 2007, defining the function, tasks, powers and organizational structure of ministries and ministerial-level agencies;

Pursuant to the Government’s Decree No. 32/2008/ND-CP dated March 19, 2008, defining the function, tasks, powers and organizational structure of the Ministry of Education and Training;

Pursuant to the Government’s Decree No. 115/2010/ND-CP dated December 24, 2010, on the responsibility of the state management on education;

At the proposal of the Director of the Secondary Education Department, the Director of the Planning and Finance Department;

The Minister of Education and Training hereby decides:

Article 1. To promulgate together with this Circular the Parent Association Charter.

Article 2. This Circular takes effect on January 07, 2012 and replaces the Minister of Education and Training’s Decision No. 11/2008/QD-BGDDT dated March 28, 2008, on promulgating the Parent Association Charter.

Article 3. Chief of Office, Directors of the Early Childhood Education Department, Primary Education Department, Higher Education Department, Planning and Finance Department, Heads of relevant units affiliated to the Ministry of Education and Training, Chairpersons of People’s Committees of provinces and centrally-run cities, Directors of provincial-level Departments of Education and Training shall be responsible for the implementation of this Circular.

PARENT ASSOCIATION CHARTER

(Attached to the Minister of Education and Training’s Circular 55/2011/TT-BGDDT dated November 22, 2011)

Chapter I.

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Charter provides regulations on the Parent Associations, including organization and operation; the responsibility for management of Parent Associations.

2. This Charter applies to the Parent Associations of early childhood schools, pre-primary schools, primary schools, lower secondary schools, upper secondary schools and multi-level general education schools (hereinafter referred to as schools).

Article 2. Principles for organizing Parent Associations

1. The Parent Association of each class and school is established every academic year by parents or guardians of students (hereinafter referred to as "parents"). The committees will cooperate with the school in educational activities.

Parent Associations shall be established for each academic year. A Parent Association shall be composed of members being nominated by the parents or guardians of students or children of each class or school to coordinate with the school in carrying out educational activities.

2. The Parent Association shall not be established for groups of schools or at administrative levels.

Chapter II.

ORGANIZATION AND OPERATIONS OF PARENT ASSOCIATIONS

Article 3. Organization of Parent Associations

1.  Parent Associations of classes:

a) Each class must establish a Parent Association consisting of 3 to 5 members, including a chairperson and a vice-chairperson.

b) Members of the Parent Association of a class should be enthusiastic and responsible persons, who will cooperate with the homeroom teacher, subject teachers and the school and act as representatives of student parents of the class in organizing educational activities for students;

2. Parent Associations of schools:

a) Each school must establish a Parent Association consisting of a chairperson, vice-chairpersons and standing members (if necessary).

b) Members of the Parent Association of a school are chairpersons or vice-chairpersons of the Class Parent Associations.

c) The number of vice-chairpersons and standing members (if any) of the Parent Association shall be decided in the meeting of chairpersons and vice-chairpersons of Class Parent Associations.

3. The term of office of the Parent Association of a class or a school is one academic year. The term of office of a Parent Association ends at the beginning of the next academic year; the term of office of the Parent Association of a senior class ends at the end of the academic year.

4. Members of a Parent Association can be changed or added at its chairperson’s request. The change or addition of members of the Parent Association of a class shall be decided by student parents of the class. The change or addition of members of the Parent Association of a school shall be decided by the whole Parent Association.

5. Parent Associations shall operate on the principle of consensus. The discussions and approvals made during meetings of the Parent Association shall be recorded in writing.

Article 4. Responsibilities and rights of Parent Associations of classes

1. The Parent Association of a class shall be responsible for:

a) Cooperating with the homeroom teacher and subject teachers in organizing educational activities for students;

b) Cooperating with the homeroom teacher in preparing for the parent-teacher conferences during the academic year;

c) Participating in ethics education for students; fostering and encouraging excellent students, helping weak students, encouraging dropouts to come back to schools; helping poor students, students with disabilities and other students in difficult circumstances.

2. The Parent Association of a class has the following rights:

a) Convening parent-teacher conferences in accordance with Article 9 of this Charter (except for the meeting at the beginning of the academic year, during which the Parent Association members are nominated) after reaching an agreement with the homeroom teacher;

b) Consulting student parents about the methods for management and education of students in order to propose specific measures to improve the quality of knowledge and ethics education to the homeroom teacher and subject teachers;

c) Cooperating in organizing extracurricular activities, education of tradition, culture, art and sport activities to provide comprehensive education for students, after reaching an agreement with the homeroom teacher.

Article 5. Responsibilities and rights of the chairperson and members of Parent Associations of classes

1. The Parent Association of a class has the following responsibilities and rights:

 a) The chairperson of the Parent Association of a class shall be responsible for:

- Cooperating with the homeroom teacher in developing and implementing the plan for organizing educational activities according to the contents as approved in the first parent-teacher conference;

- Preparing for meetings of the Parent Association and parent meetings; collecting comments and proposals of parents.

b) The chairperson of the Parent Association of a class has the following rights:

- Assigning tasks for the vice-chairperson and members; chairing the meetings of the Parent Association, representing the Parent Association when cooperating with the homeroom teacher in organizing educational activities for students;

- Discussing with the homeroom teacher about activities of the Parent Association; delivering the comments of student parents on the quality of education;

- Cooperating with the homeroom teacher in considering commendation or taking disciplinary actions for the students.

2. The vice-chairperson of the Parent Association of a class has the following responsibilities and rights:

The vice-chairperson Parent Association shall assist the chairperson and performing assigned tasks on behalf of the chairperson.

3. The members of the Parent Association of a class has the following responsibilities and rights:

The members of the Parent Association shall perform the tasks assigned by the Parent Association of the class and the school.

Article 6. Responsibilities and rights of Parent Associations of schools

1. The Parent Association of a school shall be responsible for:

a) Cooperating with the Principal in performing the tasks of the academic year and organizing educational activities according to the contents approved at the first meeting of the Parent Association;

b) Cooperating with the Principal to guide, disseminate laws and policies on education for parents in order to improve their responsibility for caring, protecting and educating students;

c) Cooperating with the Principal to educate students with poor conduct during the summer vacation;

d) Cooperating with the Principal in ethics education for students; fostering and encouraging excellent students, helping weak students; helping poor students, students with disabilities and students in difficult circumstances; encouraging dropouts to come back to school.

dd) Guiding the organization and operation of Class Parent Associations.

2. The Parent Association of a school has the following rights:

a) Convening parent-teacher conferences in accordance with Article 9 of this Charter (except for the meeting at the beginning of the academic year, during which the Parent Association members are nominated) after reaching an agreement with the Principal;

b) Based on opinions offered by the Class Parent Associations, proposing necessary measures for performance of the tasks of the academic year and the management, education of students;

c) Deciding on spending for operations of the Parent Association from contributions and sponsorships in accordance with Article 10 of this Charter.

Article 7. Responsibilities and rights of the chairperson, vice-chairpersons and members of Parent Associations of schools

1. The chairpersons of Parent Associations of schools have the following responsibilities and rights:

a) The chairperson of the Parent Association shall be responsible for:

- Planning and organizing activities of the parents, the Parent Association in accordance with Article 9 of this Charter.

- Planning the task assignment for the vice-chairpersons, standing members for approval at the meeting of Parent Associations of the school;

- Preparing the agenda of meetings of the Parent Association of the school;

- Collecting opinions of the Parent Associations of classes and parents and discussing them with the Principal.

b) The chairperson of the Parent Association has the following rights:

- Chairing the meetings of the Parent Association of the school (except for the meeting of nominating the chairperson of the School Parent Association);

- Cooperating with the school in organizing educational activities for students;

- Encouraging dropouts to come back to school;

- Discussing about the operation of the School Parent Association with the Principal on a periodic basis;

- Handling recommendations of parents on the school’s educational activities;

2. The vice-chairpersons of the School Parent Association have the responsibilities and rights:

The vice-chairpersons of the School Parent Association shall assist the chairperson, perform assigned tasks on behalf of the chairperson; chair the meeting of the School Parent Association as authorized by the chairperson.

3. The members of the School Parent Association have the following responsibilities:

The members of the School Parent Association shall perform the tasks as assigned by the School Parent Association.

Article 8. Responsibilities and rights of parents

1. Parents shall be responsible for:

a) Cooperating with the school in management and education of students and achievement of objectives of the academic year as assigned by the Parent Association;

b) Cooperating with the homeroom teacher, subject teachers of the class in caring, managing and encouraging students to improve their proactivity, moral sense and compliance to the Charter and the school’s regulations.

c) Taking responsibility for their children’s violations and weaknesses in accordance with the law and complying with the Class Parent Association’s recommendations on cooperating with the school in caring, managing and educating students.

2. Parents have the following rights:

a) Student parents have the rights specified in Article 95 of the Education Law and the right to propose measures for improvement of the school’s educational environment;

b) Nominating themselves for a position in the Class Parent Association;

c) Refusing to contribute to the funds proposed by the Class or School Parent Associations;

d) Deciding whether to perform the tasks that are not agreed during the general meeting of parents or in the meeting of the Parent Association.

Article 9. Activities of student parents and Parent Associations

1. Meetings of student parents:

a) At the beginning of the academic year, the homeroom teacher shall organize a meeting with the participation of student parents to establish a Student Association of the class, the number of members shall comply with Point a, Clause 1, Article 3 of this Charter. During an academic year, the Parent Association of the class must hold 3 meetings at the beginning of the academic year, at the end of the first semester and at the end of the academic year. An ad hoc meeting shall be held at the request of at least 50% of student parents in the class;

b) The organization of a meeting of student parents of a school shall be decided by the Parent Associations of the school.

2. Meetings of Parent Associations:

a) At the beginning of the academic year, the homeroom teacher shall hold a meeting of the Parent Association of the class to nominate its chairperson and vice-chairperson. After the nomination, the chairperson shall preside the meeting of student parents for approval of the operation program for the academic year.

The Parent Association of the class shall organize regular meetings according to the operation program for the academic year, and hold an ad hoc meeting at the request of at least 50% of student parents in the class or be decided by the chairperson of Parent Association of the class;

b) At the beginning of the academic year, the Principal shall hold a meeting with chairpersons and vice-chairpersons of all classes’ Parent Associations to nominate members of Parent Association of the school, those who are absent may be nominated with their agreement. The Principal shall preside the first meeting of Parent Association of the school to designate the chairperson and vice-chairpersons, and standing members if necessary. The designated chairperson shall preside all meetings of chairpersons and vice-chairpersons of Parent Associations of classes for approving the operation program for the academic year;

The Parent Association of the school shall organize regular meetings according to the operation program for the academic year and hold an ad hoc meeting at the request of at least 50% of members or the chairperson;

3. The Parent Association shall perform its tasks and powers, contents and activities approved during meetings of student parents and the Parent Association.

Article 10. Funding for operation of Parent Associations

1. Funding for operation of Parent Associations:

 a) Funding for operation of Parent Association of a class shall be contributed voluntarily by the student parents and other lawful sponsorship.

b) Funding for operation of Parent Association of a school shall be deducted from the funding for operation of Parent Associations of classes according to the result of the meeting of chairpersons of Parent Associations of the classes at the beginning of the academic year and other lawful sponsorship.

2. Management and use of funding of Parent Associations:

a) The chairperson of the Parent Association of each class shall assume the prime responsibility for, and coordinate with the homeroom teacher in, formulating the plan on use of the funding. The plan on use of the funding must be approved by all members of Parent Association of the class;

b) The chairperson of the Parent Association of the school shall reach agreement with the Principal in deciding the plan on use of the funds. The plan on use of the funding must be approved by all members of Parent Association of the school.

3. The collection and use of funding of Parent Associations must ensure the principle of publicity and democracy; the finalization of funding must be reported at meetings of Parent Associations of classes and meeting of Parent Association of the school. No average contribution from student parents shall be defined.

4. Parent Associations must not receive the following contributions from students or their student parents:

a) Involuntary contributions.

b) Other contributions which do not directly serve the operation of Parent Associations, including the following spending contents: protect the school’s facilities and security; guard students’ vehicles; clean school and classrooms; reward the school’s administrators, teachers and employees; purchase machines, equipment, teaching materials for the school, classes or for the school’s administrators, teachers and employees; support the management, teaching and organization of educational activities; repair, upgrade and build the school’ works.

Chapter III.

RESPONSIBILITY FOR MANAGEMENT AND IMPLEMENTATION
 

Article 11. Responsibilities of provincial- and district-level People’s Committees

1. People's Committee of provinces and centrally-run cities (hereinafter referred to as provincial-level People's Committees) shall be responsible for managing the implementation of the Parent Association Charter in their provinces; directing People’s Committees at subordinate levels, agencies in charge of education management and relevant sectors to manage the implementation of the Parent Association Charter.

2. The People's Committees of rural districts, urban districts, towns, provincial cities (hereinafter referred to as district-level People's Committees) shall be responsible for managing the implementation of the Parent Association Charter in their districts in accordance with this document and the direction of the provincial-level People’s Committees, assuming the prime responsibility for, and coordinating with their provincial-level Departments of Education and Training in, inspecting the implementation of the Parent Association Charter for handling violations or proposing competent agencies the handling of violations.

Article 12. Responsibilities of provincial-level Departments of Education and Training and district-level Divisions of Education and Training

1. Direct schools at the localities to implement the Parent Association Charter.

2. Encourage, commend the Parent Associations with outstanding contribution towards the education and encouragement of students’ learning and practice.

3. Provincial-level Departments of Education and Training shall coordinate with district-level People’s Committees in inspecting the operation of the Parent Associations, promptly handling violations against the Parent Association Charter.

Article 13. Responsibilities of Principals and homeroom teachers

1. Support student parents’ activities approved at the meeting of the Parent Association at the beginning of the academic year.

2. Attend regular meetings with the Parent Associations of the school and the class; proactively coordinate with the Parent Associations and student parents in managing the school, implementing measures to help students with difficult conditions, encouraging dropouts to come back to school and handling student parents’ proposal; provide suggestions on the activities of the Parent Association.

3. The school shall assign a manager to regularly coordinate with the Parent Association of the school in organizing its activities and activities of student parents.

Chapter IV.

COMMENDATION AND HANDLING OF VIOLATIONS
 

Article 14. Commendation

1. The results of activities of the Parent Association is one of the criteria for considering commendation for educational institutions.

2. Parent Associations with good performance, outstanding contribution to the education of students shall be rewarded in accordance with law regulations on emulation and commendation.

Article 15. Handling of violations

Organizations and individuals that obstruct the implementation of the Parent Association Charter, violate the Parent Association Charter and other law regulations relating to activities of Parent Associations shall be handled in accordance with law regulations, depending on the severity of their acts of violation.