Are high school students over the age limit by more than one year allowed to attend under legal regulations?
Are students who are more than one year older than the typical age for general education allowed to study?
According to Article 33 of Circular 32/2020/TT-BGDDT, the regulation is as follows:
Age of secondary school students
1. The age of students entering Grade 6 is 11 years old. The age of students entering Grade 10 is 15 years old. For students who have skipped grades in previous education levels or students entering education levels at ages higher than the prescribed age, the age of entry to Grade 6 and Grade 10 is adjusted based on the age of graduation from the previous education level.
2. Ethnic minority students, students with disabilities, students in particularly difficult circumstances, or students returning from abroad can enter education levels at ages up to 3 years older than the prescribed age.
3. Students are not allowed to repeat a grade more than 3 times within one education level.
4. Students who have good physical health and early intellectual development may enter school before the typical age or skip grades within the education level. The review of each specific case is conducted according to the following steps:a) Parents or guardians submit a request to the school.
b) The principal establishes a Survey and Advisory Council consisting of representatives from the school’s leadership and the school’s Parent Council; and teachers of the student’s current class.
c) Based on the survey results of the Survey and Advisory Council, the principal reviews and decides.
5. Students within the prescribed age returning from abroad, or children of foreigners working in Vietnam, can study at secondary schools in their place of residence or outside their place of residence if the school has the capacity to accommodate them. The review of each specific case is conducted according to the following steps:
a) Parents or guardians submit a request to the school.
b) The principal organizes a survey of the student’s level and places them in an appropriate class.
Additionally, according to Clause 1, Article 28 of the Law on Education 2019:
Education levels and ages of general education
1. The levels and ages of general education are regulated as follows:a) Primary education is conducted over 5 academic years, from Grade 1 to the end of Grade 5. The age of students entering Grade 1 is 6 years old, calculated by year;
b) Secondary education (lower secondary school) is conducted over 4 academic years, from Grade 6 to the end of Grade 9. Students entering Grade 6 must have completed the primary education program. The age of students entering Grade 6 is 11 years old, calculated by year;
c) Upper secondary education (high school) is conducted over 3 academic years, from Grade 10 to the end of Grade 12. Students entering Grade 10 must have a lower secondary education completion certificate. The age of students entering Grade 10 is 15 years old, calculated by year.
2. In cases where students skip grades or study at ages higher than those prescribed in Clause 1 of this Article, the cases include:
a) Students who skip grades due to early intellectual development;
b) Students studying at ages higher than the prescribed age in cases of students repeating grades, students in areas with especially difficult socio-economic conditions, ethnic minority students, students with disabilities, students with undeveloped physical or intellectual capabilities, orphans, students from poor households, and students returning from abroad, and other cases as prescribed by law.
Thus, students who are one year older than the typical age for general education include:
- Students repeating grades;- Ethnic minority students;- Students with disabilities;- Students in particularly difficult circumstances;- Students returning from abroad;- Students with undeveloped physical or intellectual capabilities;- Orphans with no one to rely on;- Students from poor households.
Can high school students over the age of one year more than the typical age be allowed to study according to the law?
Does skipping grades or studying at an age higher than the prescribed age violate the law?
According to Article 35 of Circular 32/2020/TT-BGDDT:
Rights of students
1. To be equal in enjoying comprehensive education, to be guaranteed conditions in terms of time, facilities, hygiene, and safety for class study and self-study at home, to be provided with information about their study and training, to use equipment and means for academic, cultural, and sports activities of the school as regulated.
2. To be respected and protected, to be treated equally and democratically, to have the right to complain to the school and educational management levels about decisions concerning themselves; to have the right to transfer schools for justifiable reasons as per current regulations; to study before the typical age, skip grades, and study at an age higher than the prescribed age according to Article 33 of this Regulation.
3. To participate in activities to develop talents in subjects, sports, arts organized by the school if conditions are met.
4. To receive scholarships or other forms of assistance as prescribed for students subject to social policies, students in life difficulties, and students with special abilities.
5. To transfer schools if conditions are met according to regulations; the procedures for transferring schools follow the regulations of the Minister of Education and Training.
6. To enjoy other rights as prescribed by law.
Thus, studying before the typical age, skipping grades, and studying at an age higher than the prescribed age according to Article 33 of Circular 32/2020/TT-BGDDT is a right of students. Therefore, skipping grades or studying at an age higher than the prescribed age does not violate the law.
What are the duties of students as regulated?
According to Article 34 of Circular 32/2020/TT-BGDDT, the duties of students are as follows:
- Carry out the task of studying and training according to the school’s education program and plan.
- Respect parents, officials, teachers, school staff, and the elderly; unite and help one another in study and training; comply with school regulations; abide by the laws of the State.
- Train physically, maintain personal hygiene.
- Participate in collective activities of the school, class, Ho Chi Minh Young Pioneer Organization, Ho Chi Minh Communist Youth Union; help the family, participate in labor and social activities, environmental protection activities, and traffic safety.
- Preserve and protect the school's property and public property; contribute to building, protecting, and promoting the school’s traditions.
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