第三十九条教师对学校或者其他教育机构侵犯其合法权益的，或者对学校或者其他教育机构作出的处理不服的，可以向教育行政部门提出申诉，教育行政部门应当在接到申诉的三十日内，作出处理。

Article 39 Teachers whose legitimate rights and interests are infringed upon by schools or other institutions of education or who are not satisfied with the settlement made by schools or other institutions of education may appeal to the administrative departments of education. The administrative departments of education shall deal with the matter within 30 days from receipt of the appeal.

教师认为当地人民政府有关行政部门侵犯其根据本法规定享有的权利的，可以向同级人民政府或者上一级人民政府有关部门提出申诉，同级人民政府或者上一级人民政府有关部门应当作出处理。

Teachers who hold that the administrative departments concerned under the local people's governments have infringed upon the rights they shall enjoy under this Law may appeal to the people's governments at the corresponding levels or to the departments concerned under the people's governments at the next higher levels. The departments concerned under the people's governments at the corresponding levels or the departments concerned under the people's governments at the next higher levels shall deal with the appeals.

第四十条本法下列用语的含义是：

Article 40 The meanings of the following expressions as used in this Law are:

（一）各级各类学校，是指实施学前教育、普通初等教育、普通中等教育、职业教育、普通高等教育以及特殊教育、成人教育的学校。

(1) "Schools of various levels and categories" refer to the schools that carry out pre-school education, regular primary education, regular secondary education, vocational education, regular higher education, special education or adult education.

（二）其他教育机构，是指少年宫以及地方教研室、电化教育机构等。

(2) "Other institutions of education" refer to children's palaces, local teaching and research sections and institutions that conduct audio- visual education.

（三）中小学教师，是指幼儿园、特殊教育机构、普通中小学、成人初等中等教育机构、职业中学以及其他教育机构的教师。

(3) "Primary and secondary school teachers" refer to teachers working in kindergartens, institutions of special education, regular primary and secondary schools, institutions of primary and secondary education for adults, secondary vocational schools and other institutions of education.

第四十一条学校和其他教育机构中的教育教学辅助人员，其他类型的学校的教师和教育教学辅助人员，可以根据实际情况参照本法的有关规定执行。

Article 41 The relevant provisions of this Law may be applied mutatis mutandis in the light of the actual conditions to the educational and teaching assistants of schools or other institutions of education, as well as teachers and the educational and teaching assistants of schools of other categories.

军队所属院校的教师和教育教学辅助人员，由中央军事委员会依照本法制定有关规定。

Relevant regulations governing the teachers and the educational and teaching assistants of colleges and schools of the Army shall be formulated by the Central Military Commission on the basis of this Law.

第四十二条外籍教师的聘任办法由国务院教育行政部门规定。

Article 42 The measures for the employment of foreign teachers shall be formulated by the administrative department of education under the State Council.

第四十三条本法自一九九四年一月一日起施行。

Article 43 This law shall come into effect as of January 1, 1994.

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