Regulation on Education for Persons with Disabilities(2017 edition)

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Title: Regulation on Education of Persons with Disabilities
Promulgating Entities:State Council
Reference number: 国务院令第674号
Promulgation Date: 2017-2-1
Expiration date: 
Source of text: http://www.gov.cn/zhengce/content/2017-02/23/content_5170264.htm

Contents

Chapter I: General Provisions

Chapter II: Compulsory Education

Chapter III: Vocational Education

Chapter IV: Preschool Education

Chapter V: Education at the Ordinary Senior High School Level or Higher, and Continuing Education

Chapter VI: Instructors

Regulation on Education of Persons with Disabilities

(Promulgated by Order No. 161 of the State Council of the People's Republic of China on August 23, 1994; Revised in accordance with the "State Council Decision on Repealing and Revising Several Administrative Regulations" on January 8, 2011; Revised by the 161st Executive Meeting of the State Council on January 11, 2017)

Chapter I: General Provisions

Article 1: These Regulations are formulated on the basis of "People's Republic of China Education Law" and the "Law of the People's Republic of China on the Protection of Disabled Persons", so as to safeguard the rights of persons with disabilities to receive education and to develop matters on the education of persons with disabilities.

Article 2: The State ensures that persons with disabilities enjoy an equal right to receive an education, and prohibits any discrimination in education based on disabilities.

The education of persons with disabilities shall put the the state's educational directives into effect, and comprehensively improve the character of persons with disabilities on the basis of their physical and mental characteristics and needs, and to create conditions for their equal participation in the life of society.

Article 3: The education of persons with disabilities is a component of national education.

The development of education for persons with disabilities combines popularization with enhancement, with popularization as the key directive, emphasis is to be placed on ensuring compulsory education and developing vocational education, with active development of preschool education and gradual development of education at or above senior middle school level.

The education of persons with disabilities shall increase the quality of education, actively promote inclusive education, and employ normal and special education methods in accordance with disabled persons' different types of disabilities and learning abilities, giving priority to employing ordinary educational methods.

Article 4: People's governments at the county level or above shall strengthen guidance on education for persons with disabilities, including the education of persons with disabilities in education development plans, making over plans and arrangements for implementation, reasonably allotting resources, ensuring that necessary costs are invested in education for persons with disabilities, and improving schooling conditions.

Article 5: The administrative departments for education under the State Council has primary responsibility for the entire nation's efforts on education for persons with disabilities, making overall plans, coordinating, and managing the nation's education of persons with disabilities; the other relevant departments of the State Council have responsibility for efforts on education for persons with disabilities within the scope of authority provided by the State Council.

The administrative departments of education of local people's governments at the county level or above are in charge of efforts for the education of persons with disabilities within their respective administrative regions; and other relevant departments of local people's governments at the county level or above are responsible for the relevant work of education of persons with disabilities within the scope of their respective functions and responsibilities.

Article 6: The China Disable Persons Federation and other local organizations shall actively promote and develop efforts on education for persons with disabilities, assisting relevant departments in carrying out education for persons with disabilities, and providing support and help for persons with disabilities receiving education.

Article 7: Preschool educational institutions, schools of all types and levels, and other educational institutions shall follow these regulations and relevant national laws and regulations in carrying out the education of persons with disabilities; and must not refuse to accept persons with disabilities who are eligible under laws and regulations, and apply to enroll.

Article 8: The families of persons with disabilities shall help persons with disabilities receive an education.

The parents or other guardians of children or youths with disabilities shall respect and ensure the rights of children and youths with disabilities to receive an education, shall actively develop household education, shall let children and youths with disabilities receive prompt rehabilitation training and education, and shall assist and participate in educational and schooling activities with relevant educational bodies, to provide support for children and youths with disabilities in receiving an education.

Article 9: All aspects of society shall be concerned with and support education for persons with disabilities. The communities of persons with disabilities, related social organizations, enterprises and public institutions shall support and help persons with disabilities in receiving equal education and social integration.

Article 10: Organizations and individuals making outstanding contributions in the education of persons with disabilities will be given commendations and awards by the State, in accordance with relevant provisions.

Article 11: The bodies of people's governments at the county level or above responsible for supervision of education shall include the state of implementation of education for persons with disabilities in the scope of their supervision, and may conduct special supervision programs on areas such as compliance with laws and regulations on education for persons with disabilities, the quality of education for persons with disabilities, and management and use of funds.

Chapter II: Compulsory Education

Article 12: All levels of people's government shall perform their duties in accordance with law, and safeguard the right of school-aged children and youths with disabilities to receive compulsory education.

People's government at the county level or above carrying out supervision, guidance or inspection of the implementation of compulsory education, shall include the compulsory education of children and adolescents with disabilities in their supervision, guidance or inspection.

Article 13: Parents or other guardians of school-age children and youths with disabilities shall ensure their children or wards with disabilities enroll in school and receive and complete compulsory education in accordance with law.

Article 14: The age for admission and schooling of children and adolescents with disabilities receiving compulsory education shall be the same as that for all local children and adolescents; when necessary, the age for admission and schooling may be appropriately raised.

Article 15: The administrative departments for education of county-level people's governments, together with the administrative departments for health, the civil affairs departments, and Disable Persons Federrations, shall, based on neonatal screenings, screenings of children younger than school-aged, statistics on persons with disabilities and other such information, conduct pre-enrollment registration of children and youths with disabilities, to fully understand the the number of children and youths with disabilities in that administrative region, and the nature of their disabilities.

Article 16: County Level people's governments shall do overall planninig based on the numbers and type children and youth with disabilities in the administrative region, and on published information, and prioritize establishing special education resource rooms in ordinary schools, allotting necessary equipment and teachers specializing in the education of persons with disabilities and other professionals, designating them to enroll children and youths with disabilities to receive compulsory education; and support other ordinary schools in establishing special education resource roomes as needed, or in arranging to provide other ordinary schools with appropriate resources and conditions with support necessary to enroll students with disabilities.

County Level people's governments shall allot necessary instruments and equipment needed for persons with disabilities' studies, rehabilitation assessments, and rehabilitation training, and shall strengthen the establishment of special education schools for the full 9 years of compulsory education.

Article 17: Where appropriately aged children and youths can adjust to ordinary school life and receive ordinary education, the provisions of the "PRC Law on Compulsory Education" are to be followed to enroll and receive an education in the ordinary neighborhood school.

Where appropriately aged children and youths are able to receive ordinary education, but require special support in their lives or studies, the county-level people's governments' administrative departments for education are to designate an ordinary school that has the appropriate resources and conditions within a certain region for them to enroll and receive education in, on the basis of their physical condition.

Where appropriately aged children and youths are not able to receive ordinary education, the county-level people's governments' administrative departments for education will make overall arrangements for them to enter special education schools and receive compulsory education.

Where appropriately aged children and youths require care by specialists, and cannot attend school, the administrative departments for education for the county level people's governments will make the overall plans, carrying out compulsory education by providing in-home education, remote education, or other such means, and including them in student rosters.

Article 18: Where children or youths studying in special education schools are able to receive ordinary education upon having received education and rehabilitation training, the school may recommend that the parents or other guardians of the child or youth with a disability transfer or advance them to an ordinary school to receive compulsory education.

Where children or youths with disabilities studying in ordinary schools have difficulty adjusting to studies and life at ordinary schools, the school may recommend that the parents or other guardians of the child or youth with a disability transfer them to a designated ordinary school or special education school to receive compulsory education.

Article 19: The ability of appropriately aged children and youths to receive education and adjust to school study and life, shall be judged on the basis of factors such as the type of disability they have, the extent of their disability, the extent of compensation, and the schools capacity.

Article 20: The administrative departments for education of county-level people's governments, together with the administrative departments for health, civil affairs departments, and Disable Persons Federations, shall establish an Experts Committee on Education for Persons with Disabilities composed of professionals in areas such as education, psychology, rehabilitation, and social work.

The Experts Committee on Education for Persons with Disabilities may accept commissions from the administrative departments for education to conduct assessments of appropriately-aged children and youths' physical condition and ability to receive education and adjust to school studies and life, and issue recommendations on enrollment and transfers; and also provide consultation and recommendations on questions regarding education for persons with disabilities.

Assessment conclusions issued in accordance with the preceding paragraph are with the personal privacy of the children or youths with disabilities, and may only be used for carrying out education and rehabilitation of the child or youth with a disability. Administrative departments for education, Experts Committees on Education for Persons with Disabilities, schools, and their staffs, have an obligation to preserve the confidentiality of assessment results on disabled children and youths, and other personal information, that they learn of in the course of their work.

Article 21: Where a dispute occurs between the parents or other guardians of children or youths with disabilities and schools regarding enrollment or transfers, they may apply to the administrative departments for education of the county level people's government for a disposition.

County-level people's governments' administrative departments for education receiving applications shall commission the Experts Committee on Education for Persons with Disabilities to conduct assessments of the appropriately-aged children and youths' physical condition and ability to receive education and adjust to school studies and life, and to issue recommendations on enrollment and transfers; and shall comprehensively consider the school's capacity and the wishes of the disabled child or youth and their parents or other guardians, to make a decision on arrangements for the disabled child or youth's enrollment or transfer.

Article 22: Ordinary schools enrolling students with disabilities shall reasonably incorporate students with disabilities in classes; and where the there are quite a few students with disabilities, they may establish a specialized special education class.

Ordinary schools enrolling students with disabilities shall arrange for instructors specializing in the education of persons with disabilities, or experienced instructors, to take on the teaching work for inclusive education or special education classes, and appropriately reduce the number of students in a class to provide facilitation and conditions for the students with disabilities study and life after enrollment, ensuring the students with disabilities equal participation in education and learning, and all activities organized by the school.

Article 23: Compulsory education for disabled students studying in regular classes in ordinary schools may use ordinary compulsory education course plans, standards, and teaching materials, but their may be some flexibility as to their academic requirements.

Article 24: Special education schools (classes) for children or youths with disabilities shall persist in combining ideological education, cultural education, labor skills education, and physical and psychological compensation; and carry out categorical education based on the state of students' disabilities and degree of compensation; when necessary, they shall hear the views of the students with disabilities' parents or other guardians, and create an individualized education plan suited to the student with a disability's physical and psychological characteristics, and carry out individual education.

Article 25: The course plans, course standards, and teaching materials of special education schools (classes) for children and youths with disabilities shall be suited to the physical and psychological characteristics and needs or children and youths with disabilities.

The course plans and course standards of special education schools (classes) for children and youths with disabilities will be formulated by the State Council's administrative department for education; teaching materials will be reviewed and approved, in accordance with relevant national provisions, by the administrative departments for education of people's governments at the provincial level or above.

Article 26: The administrative departments for education of people's government at the county level shall strengthen guidance of compulsory education efforts for children and youths with disabilities within their administrative regions.

Administrative departments for education of people's governments at the county level or above shall do overall planning and arrangements for supporting special education schools to establish special education resource centers, providing guidance and support services on special education within a certain region. Special education resource centers may be commissioned by the administrative departments for education to undertake the following work:

(1) Guiding and appraising the region's inclusive education efforts;

(2) Providing training to instructors in the region with inclusive education duties;

(3) Sending instructors and relevant professional service providers to support inclusive education, and providing tutoring and support to children and youth with disabilities receiving in-home education and remote education;

(4) Providing consultation to students with disabilities' parents or other guardians;

(5) Other work related to special education.

Chapter III: Vocational Education

Article 27: Professional education for persons with disabilities shall strive to develop secondary vocational education, accelerate development of higher vocational education, and actively develop medium and short-length training emphasizing practical skills, with raising employment ability as the focus, to cultivate technical and skill personnel, and strengthen employment guidance for students with disabilities.

Article 28: Professional education for persons with disabilities is to be carried out at ordinary vocational education institutions and special vocational education institutions, with the focus on ordinary vocational education institutions.

Local people's governments at the county level or above shall, as necessary, reasonably set up special vocational education establishments, improving schooling conditions and increasing the scale of enrollment for secondary vocational education for persons with disabilities.

Article 29: Ordinary vocational education schools must not refuse to enroll persons with disabilities who meet the State's admission requirements, and ordinary vocational training institutions shall actively recruit persons with disabilities.

Local people's governments at the county level or above shall adopt measures to encourage and support ordinary vocational education institutions active enrollment of students with disabilities.

Article 30: Vocational education schools and training institutions for persons with disabilities shall reasonably establish majors in accordance with social need and the physical and mental characteristics of persons with disabilities, and work together with businesses to set up internships and practicum sites, or make internship basis on the basis of educational needs and capacity.

Chapter IV: Preschool Education

Article 31:All levels of people's government shall actively adopt measures to gradually raise the proportion of young children with disabilities receiving preschool education.

County Level people's governments and their administrative departments for education, civil affairs departments, and other relevant departments shall support ordinary kindergartens in creating conditions to enroll young children with disabilities; and support special education schools, children with disabilities' welfare organizations, and rehabilitation establishments for children with disabilities that have capacity to hold classes, and other such organizations to carry out preschool education.

Article 32: The education of children with disabilities shall be carried out in combination with child care and rehabilitation.

Preschool education institutions that enroll young children with disabilities shall allot necessary rehabilitative facilities, equipment, and personnel, based on their own capacity, or collaborate with special education institutions or rehabilitation establishments that have specialized facilities, equipment and professional rehabilitation personnel, to carry out rehabilitative training for young children with disabilities.

Article 33: Health care institutions, preschool educational institutions for children with disabilities, child welfare organizations, and families shall pay attention to early detection of disabilities in children, as well as their early rehabilitation and education.

Health and fitness establishments, preschool education institutions for young children with disabilities, and rehabilitation establishments for children with disabilities, shall provide consultation and guidance to families of young children with disabilities on the early detection, early rehabilitation, and early education of young children with disabilities.

Chapter V: Education at the Ordinary Senior High School Level or Higher, and Continuing Education

Article 34: Ordinary senior high schools, institutions of higher learning and continuing education institutions are to enroll students with disabilities who meet the national admission requirements and must not refuse to enroll them on account of their disabilities.

Article 35: Based on actual conditions, local people's governments at the districted city level and above may convene special education schools carrying out high school and higher-level education, may support institutions of higher learning in establishing special education institutes or related majors, to increase the level of education received by persons with disabilities.

Article 36:administrative departments for education of people's governments at the county level or above, and other relevant departments and schools, shall fully use modern information technology, using remote education and other means to facilitate and aid in persons with disabilities receiving adult higher education and higher education self-study testing; setting up majors and courses suited for persons with disabilities studies based on actual conditions, and employing flexible and open models for schooling and administration, supporting persons with disabilities in successfully completing their studies.

Article 37: Units where persons with disabilities work shall develop cultural knowledge education and technical training for persons with disabilities working in those units.

Article 38: Anti-illiteracy education shall include illiterate or semi-literate persons with disabilities who have reached the age of 15 and who have not lost their capacity to learn.

Article 39:The State and society will encourage and assist persons with disabilities in fulfilling their potential through self-study.

Chapter VI: Instructors

Article 40:People's government at the county level or above shall emphasize efforts to cultivate and train teachers to engage in the education of persons with disabilities, and adopt measures to gradually increase their status and benefits, improve their working environment and conditions, and encourage them to engage in the education of persons with disabilities for their entire lives.

People's governments at the county level or above may employ measures such as free education, tuition reductions, or student loans and subsidies, to encourage qualified graduates of schools of higher learning to take jobs at special education schools or other special education establishments.

Article 41:Teachers engaged in the education of persons with disabilities shall have a passion for their work, possess the spirit of socialist humanitarianism, respect and care for their disabled students and grasp professional knowledge and skills for the education of persons with disabilities.

Article 42:Instructors specializing in special education work (hereinafter "special education instructors") shall meet the following conditions:

(1) Obtain teaching credentials in accordance with the "Teachers Law of the People's Republic of China";

(2) Have graduated with a major in special education, or have gone through and been qualified by specialized special education training by the administrative departments for education of a provincial, autonomous region, or directly governed municipality's people's government.

Special education instructors engaging in education for persons with hearing disabilities shall meet the State provided sign language proficiency level standards, and special education instructors engaging in education for persons with visual disabilities shall meet the State provided braille proficiency level standards.

Article 43:As needed for the development of education for persons with disabilities, provincial, autonomous region, or directly governed municipality people's governments may summarize actual local conditions to compile faculty deployment standards for special education schools and ordinary schools that enroll students with disabilities.

The administrative departments for education of local people's governments at the county level or above, together with relevant departments, shall, within the total set deployment numbers, allot special education instructors and professionals to undertake schooling, rehabilitation and other such work at special education schools; and set up full time special education instructor positions at ordinary schools that enroll students with disabilities.

Article 44:As needed for the development of education for persons with disabilities, the administrative departments for education under the State Council and of provincial, autonomous region, or directly governed municipality people's governments shall open special education teaching schools in accordance with plans, support ordinary teachers colleges and comprehensive universities in setting up relevant departments or majors, to cultivate special education instructors.

Ordinary teachers' colleges and the teaching majors of comprehensive universities shall set up special education courses, so that students master the necessary foundational knowledge and skills of special education, as appropriate for meeting the educational and schooling needs of students with disabilities in regular classes.

Article 45:The administrative departments for education of local people's governments at the county level or above shall include the training of special education instructors in their teacher training plans, and organize various forms of in-job trainings for special education instructors to raise their professional level; a definite amount of content and information relevant to special education is to be included in ordinary teacher trainings, to raise ordinary instructors capacity for special education.

Article 46:Special education instructors and other related professionals engaging in special education enjoy special post subsidies and other benefits in accordance with relevant national provisions; where teachers at ordinary schools undertake teaching or management duties for inclusive education for students with disabilities, this work shall be included in their performance reviews, and be an important basis for determining their salary, benefits, and professional classification.

The administrative departments for education and Departments of Human Resources and Social Security of people's governments at the county level or above, shall draft policies giving priority to special education instructors and provide special opportunities for special education instructors, in hiring, training, commendations, and other such areas.

Chapter VII: Ensuring Capacity

Article 47:People's governments of provinces, autonomous regions and directly-governed municipalities , in light of the special circumstance of education for persons with disabilities, and on the basis of the guiding standards of the State Council's relevant administrative departments, formulate standards for construction, funding and allocation of teaching equipment to special education schools within their administrative region.

Finance departments and administrative departments for education of county-level people's governments shall follow the public funding standards for special education students to distribute funds to compulsory education level ordinary schools enrolling students with disabilities.

Article 48:All levels of people's government shall follow relevant provisions to arrange funding of education for persons with disabilities, and include all necessary costs in that level's government budget.

People's governments at the county level or above may, as needed, set up special subsidies to be used for developing education for persons with disabilities.

Funds allocated for compulsory education by local people's governments at all levels, and educational surcharges they collect, shall have a certain proportion used for the compulsory education of children and adolescents with disabilities.

All levels of local people's government may follow relevant provisions to lawfully use the Employment Security Funds for the Disabled it collects on special education schools carrying out all kinds of vocational education for persons with disabilities.

Article 49: local people's governments at the county level or above shall make overall plans and rational arrangements based on the needs of developing education for persons with disabilities, set up special education schools, and follow relevant national provisions to allot necessary equipment and facilities for schooling and rehabilitation assessments, and rehabilitation training for persons with disabilities.

The establishment of special education schools is subject to the review and approval by administrative departments of education, in accordance with the relevant national provisions.

Article 50:The building, rebuilding, and expansion of all levels and all types of schools shall comply with the requirements "Regulations on Constructing Barrier-free Environments".

Local people's governments at the county level or above and their administrative departments for education shall gradually advance the establishment of barrier-free environments at all levels of all types of schools.

Article 51:Schools enrolling students with disabilities shall follow relevant national provisions to reduce tuition and other fees for students with disabilities facing financial hardship, and follow give priority subsidies in accordance with the state funding policies.

The State encourages areas with the capacity to prioritize providing free preschool and secondary education to students with disabilities, gradually implementing free education for students with disabilities at the secondary education stage.

Article 52:Where persons with disabilities participate in national education testing and require necessary conditions for support and reasonable accommodations to be provided, they may submit an application. Educational testing bodies and schools shall follow relevant national provisions to so provide.

Article 53:The State encourages social forces to sponsor special education institutions for persons with disabilities or to contribute funding for their education; citizen-run schools or other educational establishments are encouraged and supported in enrolling students with disabilities.

Local people's governments at the county level or above and their relevant departments shall follow relevant national provisions to support privately-run special education schools and privately-run schools enrolling students with disabilities.

Article 54:The State encourages scientific research on education for persons with disabilities, organizes and supports research and applications of braille and sign language, and supports the writing and publication of special education teaching materials.

Article 55:People's governments at the county level or above and their relevant departments shall adopt preferential policies and measures to support research and production of specialized instruments and equipment, teaching tools, study tools, software, and other support materials specialized for the education of persons with disabilities, and support special education establishments initiating and developing welfare and support employment institutions.

Chapter VIII: Legal Responsibility

Article 56:Where any level of local people's government or their relevant departments violate the provisions of these Regulations by failing to perform duties related to the education of persons with disabilities, the people's government at the level above or its relevant departments is to order corrections be made within a certain time; where the circumstances are serious, a criticism notice is to be circulated and sanctions are to be given to the directly responsible managers and other directly responsible personnel in accordance with law.

Article 57:In any of the following circumstances where preschool education establishments, schools or other educational establishments and their staffs violate the provisions of these Regulations, the competent administrative department is to order corrections be made within a certain time period, and give sanctions to the directly responsible managers and other directly responsible personnel in accordance with law; where it constitutes a violation of public security administration, the public security organs will give public security administrative sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law:

(1) refusing to enroll students with disabilities who meet the requirements of laws and regulations;

(2) Discriminating against, belittling, or physically punishing students with disabilities, or allowing discriminatory words and actions that cause physical or psychological harms to students with disabilities;

(3) Failing to follow relevant national provisions to reduce tuition and other fees for students with disabilities facing financial hardship.

Chapter IX: Supplementary Provisions

Article 58:The language of these Regulations below has the following meaning:

Inclusive education refers to integrating the education of students with disabilities into ordinary education to the greatest extent possible.

Special education resource classrooms refers to special classrooms set up in ordinary schools that are equipped with special education and rehabilitative training equipment and facilities.

Article 59:This Regulation shall become effective on May 1, 2017.

 

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