Many students in a primary school in Gansu were suspected of being pushed and squeezed, and their parents said that they were blocked from asking for rehabilitation fees.

　　Mr. He, a seriously injured parent of Dongguan Primary School in Huining County, Baiyin City, Gansu Province, recently told The Paper (www.thepaper.cn) that on February 28th this year, many students in Dongguan Primary School were trampled and squeezed due to playing and shoving during class, and their 7-year-old daughter was injured and squeezed from the second floor, resulting in mental and emotional obstacles. At present, she is receiving rehabilitation treatment in Xi ‘an. The school had promised to pay for the rehabilitation treatment fees, living expenses and accommodation fees, but it was difficult to ask for them.

　　The parents of the other three injured students also said: after the incident, the school did not have enough funds in the process of children’s rehabilitation treatment. At present, the principal and vice principal borrowed money to pay the expenses, but parents still need to pay part of the expenses themselves; So far, the school and county education bureau have not explained the cause of the accident to parents.

　　On June 21, The Paper repeatedly called Yang Fenqi, the principal of Dongguan Primary School, and Zhang Guirong, the party secretary of Huining County Education Bureau, but the phone could not be connected; A staff member of the Security Department of the Education Department of Gansu Province said that the matter has been disposed of, and the specific situation needs to be consulted with the Education Bureau of Huining County. On the same day, a staff member of the Education Bureau of Huining County hung up the phone that the reporter just dialed.

　　A lawyer told The Paper that there was a shoving incident among junior students in the school. As an educational institution, the school had certain negligence in safety supervision responsibility, and it was obliged to cooperate with relevant departments to investigate and collect evidence to restore the truth of the incident and respond to the concerns of parents and the public in a timely manner; Parents can take judicial measures to protect their rights, so as to clarify the responsibility of the school and confirm the amount of compensation.

　　Primary school students are suspected of being mentally retarded because of being pushed down and squeezed at school.

　　On June 19, Mr. He, a parent of Dongguan Primary School in Huining County, Baiyin City, Gansu Province, said that at 11 o’clock on February 28 this year, he received a phone call from the teacher, saying that the children were laughing and playing while going to the toilet, pushing each other and falling down the stairs on the second floor. It has been sent to Huining County People’s Hospital for treatment.

　　"When the mother rushed to the hospital, the child was already in a deep coma." Mr. He said that on the same day, his daughter was transferred to the First Hospital of Lanzhou University for rescue. After more than 40 hours of rescue, she woke up and then transferred to the Children’s Intensive Care Unit.

　　Mr. He introduced that his daughter He Meng (a pseudonym) is 7 years old and is in the first grade of Dongguan Primary School. After the incident, he learned that there was a shoving incident at 9: 20 on February 28, and his daughter fell from the second floor, and many students were injured, mostly freshmen and sophomores. His daughter and three other students were the most seriously injured.

　　Mr. He said that since the incident, the school and the Huining County Education Bureau have not explained the cause of the accident to them. He once asked the school to check and monitor, and the school said that only the police can check.

　　The admission record mentioned that the child was pushed and squeezed when he entered the hospital. Photo courtesy of respondents

　　The Paper noticed that an admission record of the First Hospital of Lanzhou University provided by Mr. He showed that at 13: 25 on February 28th, He Meng’s teacher and local doctor described the incident before admission. According to this record, four hours before admission, He Meng fell and squeezed at school because of students’ frolicking and shoving (the specific situation is unknown), and He Meng was squeezed by three or four people. After the incident, the teacher evacuated the surrounding students and found that He Meng was unconscious, unresponsive and his lips were blue. The teacher immediately called the school doctor. When the school doctor arrived, he found that he was unconscious, had no carotid pulse and had no spontaneous breathing. He immediately performed cardiopulmonary resuscitation, resumed spontaneous breathing after 1 minute, and was sent to the intensive care unit of the local county hospital.

　　Mr. He said that after being diagnosed by the First Hospital of Lanzhou University, He Meng suffered from "hypoxic ischemic encephalopathy". Half a month after admission, He Meng was discharged. An "agreement" signed by him and the school on the same day showed that after consultation, after the student He Meng was discharged from the First Hospital of Lanzhou University, parents and the school tried their best to find a hospital for diagnosis and admission. During hospitalization, Dongguan Primary School is responsible for the treatment expenses, accommodation expenses and living expenses (all with valid invoices), and the school follows up with parents to actively cooperate with the treatment.

　　The parents of the injured students signed an agreement with the relevant person in charge of the school and the county education bureau. Photo courtesy of respondents

　　The above agreement was signed on March 14th, 2023, and was signed by Yang Fenqi, principal of Dongguan Primary School of Party B, and Zhang Guirong, secretary of the Party Group of Huining County Education Bureau. Besides the signature of He Meng’s parents, Party A also signed by the parents of three seriously injured students.

　　Mr. He said that after leaving the hospital, He Meng first went to Gansu Children’s Hospital, the Second Hospital of Lanzhou University, for treatment for a period of time. Her condition has not improved, and she has suffered from memory loss, soliloquy and irritability. In late April, they took their children to Xijing Hospital in Xi ‘an for rehabilitation.

　　On April 27th, the psychological test report issued by the Pediatric Children’s Psychological Behavior Health Care Room of Xijing Hospital showed: "Mild mental retardation."

　　Mr. He said that He Meng was then treated in the First Affiliated Hospital of Air Force Military Medical University until he returned home to recuperate on May 29.

　　During He Meng’s rehabilitation treatment, the school did not pay the relevant fees as agreed. Mr. He said that the required expenses have been transferred to him by President Yang Fenqi. When he was in Xi ‘an for medical treatment, President Yang paid a total of 20,000 yuan. After the incident, President Yang will transfer medical expenses, living expenses and accommodation fees to him from time to time, but later he will have to be urged to pay a sum of money. "I also paid some medical expenses." Mr. He said that as of May 29th, he had paid 9465.91 yuan in advance, including medical expenses, living expenses and accommodation expenses.

　　On June 16th, He Meng came to Xijing Hospital again for hyperbaric oxygen chamber treatment and psychotherapy. The latest diagnosis results of outpatient cases show that He Meng suffers from "hypoxic ischemic encephalopathy", "children’s emotional disorder" and "mental retardation".

　　Before The Paper’s press release, Mr. He sent a screenshot of WeChat with President Yang Fenqi of Dongguan Primary School. Mr. He asked President Yang for the fee, and President Yang said that the school would try again. After 8 hours, WeChat transferred 3,000 yuan.

　　"We only need the school to provide living expenses and accommodation fees, but now some expenses in the previous period have not been settled, and new expenses are not given." Mr. He said that he hopes that the school can assume relevant responsibilities and cooperate with parents for active treatment.

　　Parents said that the school and the county education bureau have not explained the cause of the accident so far.

　　In the agreement, three parents also signed it. They also said that after the incident, the children’s early treatment expenses were paid by the school as usual, but when they were rehabilitated later, the school said that there was no money and parents needed to pay for it themselves. At present, they still don’t know the cause of the accident.

　　The Paper contacted the parents of three other students in the agreement, namely Mr. Tang, Ms. Kang and Mr. Chen. Mr. Tang said that at 10 o’clock on February 28, he received a phone call from the teacher saying that the child was pushed and fell down the stairs while going to the toilet. After he arrived at the hospital, he saw many children being rescued in the intensive care unit. My child was also hospitalized in the intensive care unit for six days. After getting out of danger, he was transferred from the First Hospital of Lanzhou University to the People’s Hospital of Huining County. At present, children still need rehabilitation treatment.

　　"The main problem now is that the school can’t pay for the treatment. More than three months have passed, and the Education Bureau and the school have not given our parents a solution. " Mr. Tang said.

　　Ms. Kang’s children were also seriously injured in this incident. She introduced that after the incident, the child had bruises on his face, was in a coma for nearly 30 hours, and was hospitalized in the intensive care unit for nearly half a month. At present, the child has been discharged from the hospital, but the child’s brain was deprived of oxygen for too long at the time of the incident, resulting in vision problems, occasional abnormal noise in the brain and people often feel physically exhausted.

　　Ms. Kang also said that during the pre-treatment process, the school paid more than 30,000 yuan, but at present, she has paid more than 10,000 yuan for the review fee. Up to now, the school has not negotiated with her about the cost of treatment.

　　Mr. Chen also introduced that his child is 8 years old this year. The incident caused the child to have mental retardation and behavioral disorders, and he is still receiving rehabilitation treatment in the local hospital. Next, he is going to apply for disability identification for the child.

　　Regarding the cost of treatment, Mr. Chen also said that the cost of rehabilitation treatment and living expenses were reimbursed by the principal Yang Fenqi of Dongguan Primary School every time with a valid invoice. "The principal has reimbursed me." Mr. Chen said that at present, he himself has paid three or four thousand yuan.

　　Mr. Chen mentioned that he heard from President Yang that the students’ treatment expenses were borrowed from the bank by President Yang and several vice presidents in the name of the school to cooperate with the students’ treatment. This statement, Mr. He and Mr. Tang also mentioned that the school has not solved the cost problem in terms of loan payment and education bureau.

　　Mr. Chen said that in late March, the Security Department of Gansu Provincial Department of Education had coordinated this matter. At that time, the Huining County Education Bureau and Dongguan Primary School were organized, requiring them to actively cooperate with students for treatment. For the cause of the accident, the school and the local education bureau have not yet explained.

　　On June 20th and 21st, The Paper repeatedly called Yang Fenqi, the headmaster of Dongguan Primary School, and Zhang Guirong, the party secretary of Huining Education Bureau, but failed to get through. In the meantime, President Yang sent a text message saying that he was in a meeting. After the reporter indicated that he needed to interview, President Yang did not reply or answer the phone.

　　On June 21, a staff member of the Education Bureau of Huining County immediately hung up when he heard that it was a reporter interviewing Dongguan Primary School. A staff member of the Security Department of Gansu Provincial Education Department told The Paper that the shoving incident in Dongguan Primary School had been disposed of, and the specific situation needed to be consulted with Huining County Education Bureau.

　　Lawyer: The school has the obligation to cooperate with the investigation to restore the accident and explain the situation to parents.

　　Who will bear the responsibility for the accident of students in school, and how to bear the responsibility?

　　Xing Xin, a senior partner and lawyer of Hunan Jinzhou Law Firm, told The Paper that there was a shoving incident among junior students in the school. As an educational institution, the school obviously had some negligence in safety supervision responsibility. According to the Civil Code and the Law on the Protection of Minors, the principle of "presumption of fault" should be applied when a person without civil capacity suffers personal injury. If a person with limited capacity for civil conduct suffers personal injury, the principle of fault shall apply.

　　Xing Xin pointed out that in this incident, the school should be the subject of legal responsibility in civil law. If the specific person in charge has dereliction of duty in management, it should be punished according to the school management rules and regulations, and the Education Bureau can also punish the school or the person in charge and urge them to bear corresponding legal responsibilities.

　　According to Article 20 of the Civil Code, minors under the age of eight are persons without capacity for civil conduct, while minors over the age of eight are persons with limited capacity for civil conduct.

　　Xing Xin said that in the above-mentioned incidents, according to the information introduced by parents, most of the injured students were in grade one or two, aged around 8 years old. If a student is a person with limited capacity for civil conduct, he must prove the fault of the educational institution.

　　Xing Xin believes that the school, as an educational institution, has the obligation to actively cooperate with the police and other relevant departments to investigate and collect evidence, provide surveillance videos, etc., restore the truth of the accident, explore the causes of the accident, and explain to the parents of students and the public.

　　He suggested that parents can take judicial measures to protect their rights and clarify whether the school and relevant students bear legal responsibilities. At the same time, the amount of compensation is confirmed to ensure the performance of compensation obligations by compulsory execution.