Regulation on Education of Persons with Disabilities

ALL TRANSLATIONS ON THIS SITE ARE UNOFFICIAL AND ARE PROVIDED FOR REFERENCE PURPOSES ONLY. THESE TRANSLATIONS ARE CREATED AND CONTINUOUSLY UPDATED BY USERS --THEY ARE FREE TO VIEW, BUT PROPER ATTRIBUTION IS REQUIRED FOR DISTRIBUTION OF THESE OR DERIVATIVE TRANSLATIONS.


People's Republic of China, State Council Order No. 161

The Regulations on the Education of Persons with Disabilities are hereby promulgated and shall enter into force as of the date of promulgation.

Premier Li Peng

August 23, 1994

Contents

Chapter I: General Provisions

Chapter II: Preschool

Chapter III: Compulsory Education

Chapter IV: Vocational Education

Chapter V: Education at or above Ordinary Senior Middle School Level and Adult Education

Chapter VI: Teachers

Chapter VII: Guarantees of Material Conditions

Chapter VIII: Reward and punishment

Chapter IX: Supplementary Provisions

 

【Regulation on Education for Persons with Disabilities】

Chapter I: General Provisions

Article 1: These Regulations are formulated on the basis of the Law of the People's Republic of China on the Protection of Disabled Persons and national laws concerning education, for the purpose of safeguarding the right of persons with disabilities to education and developing educational affairs for persons with disabilities.

Article 2: 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 State education.

The development of education for persons with disabilities combines popularization with enhancement, with popularization as the key directive emphasis is place on compulsory education and 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 employ normal and special education methods in accordance with different types of disabilities and learning abilities, to bring into full play the role of ordinary educational institutions in the education of persons with disabilities.

Article 4: People's government at all levels shall strengthen their leadership over the education of persons with disabilities, formulate overall plans for its development, and gradually increase funding for the education of persons with disabilities, to improve school conditions.

Article 5: The State Council's administrative department of education is in charge of efforts for the education of persons with disabilities nationwide. The administrative departments of education of 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. Other relevant departments of 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 Disabled Persons' Federation and its local branches shall actively promote and develop the education of persons with disabilities.

Article 7: Early-childhood educational institutions, schools of all types and levels, and other educational institutions shall follow relevant national laws and regulations in carrying out the education of persons with disabilities.

Article 8: Families of persons with disabilities shall assist them in receiving an education.

Article 9: All members of society shall concern themselves with and support the education of persons with disabilities

Chapter II: Preschool

Article 10: Preschool education for children with disabilities shall be carried out by the following institutions:

(1) Preschool educational institutions for children with disabilities;

(2) ordinary preschool education institutions;

(3) Welfare institutions for children with disabilities;

(4) Institutions for rehabilitation of children with disabilities;

(5) Preschool classes at ordinary primary schools and preschool classes at special education schools.

The families of children with disabilities shall bring about of their preschool education .

Article 11: The education of children with disabilities shall be carried out in combination with child care and rehabilitation.

Article 12: Health care institutions, preschool educational institutions for children with disabilities and families shall pay attention to early detection of disabilities in children, as well as their early rehabilitation and education.

Health care institutions and preschool educational institutions for children with disabilities shall provide consultation and guidance on early detection of childhood disabilities and early rehabilitation and education.

Chapter III: Compulsory Education

Article 13: Local people's government at all levels shall include the education of children and adolescents with disabilities in local compulsory education development plans and make overall arrangements for its implementation.

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 14: Parents or other guardians of school-age children and adolescents with disabilities shall have their children or wards receive compulsory education in accordance with law.

Article 15: 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 16: The administrative departments of education and public health of people's government at the county level shall organize and launch consultations on the enrollment of school-age children and adolescents with disabilities, conduct assessment of their disabilities, and put forward opinions on form of education they receive.

Article 17: School-age children and adolescents with disabilities may, in light of the actual conditions, receive compulsory education through the following ways:

(1)Study in classes at ordinary schools;

(2) Study in special education classes at ordinary schools, child welfare institutions or other institutions;

(3) Study in schools for children and adolescents with disabilities.

Local people's government at all levels shall gradually create conditions for adopting other appropriate means for carrying out compulsory education for children and adolescents with disabilities who are unable to study in school due to their physical abilities.

Article 18: Students with disabilities who have financial difficulties, shall have fees and other expenses reduced or exempted according to the circumstances.

Article 19: Educational work in special education schools (classes) shall adhere to the principle of combining ideological, cultural and labor skills education with strengthening of their bodies and minds; and conduct differentiated education the basis of students' disabilities and accommodations, and in schools that have the capacity, implement individualized study.

Article 20: Special education school's (or classes') course plans, syllabi and teaching materials for disabled children and adolescents shall be suited to their special characteristics.

Special education school's (or classes') course plans and syllabi for disabled children and adolescents will be formulated by the State Council's administrative department of education; teaching materials will be reviewed and approved by the education administrative departments of people's governments at the provincial level or above.

Article 21: Ordinary schools shall follow the relevant national provisions to admit school-age children and adolescents with disabilities who can adjust to study in ordinary classes, and shall provide assistance to them according to their special study and rehabilitation needs.Schools with the capacity may establish specialized guidance classrooms.

The administrative departments for education of people's government at the county level shall, within their administrative regions, strengthen guidance of ordinary schools' educational efforts for children and adolescents with disabilities studying in regular classes.

Compulsory education for disabled students studying in regular classes may use ordinary compulsory education course plans, syllabi and teaching materials, but their may be some flexibility into the requirements.

Article 22: Special education schools that carry out compulsory education of disabled children and adolescents shall, as needed, and at appropriate stages, implement labor skills education, vocational education and vocational guidance for students with disabilities.

Chapter IV: Vocational Education

Article 23: All levels of people's government shall include vocational education for persons with disabilities in their general plan for the development of vocational education, establish a system of vocational education for persons with disabilities and formulate overall plans for its implementation.

Article 24: Vocational education for persons with disabilities, shall prioritize the development of primary and secondary vocational education and appropriately developing higher vocational education, launching medium and short-term trainings centered on practical skills.

Article 25: The system of vocational education for persons with disabilities is composed of ordinary vocational education institutions and vocational education institutions for persons with disabilities, with institutions of ordinary vocational education as the principle body.

Local people's government at the county level or above shall, as needed, reasonably establish vocational education institutions for persons with disabilities.

Article 26: Ordinary vocational education schools must enroll persons with disabilities who meet the State's admission requirements, and ordinary vocational training institutions shall actively recruit persons with disabilities.

Article 27: 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 develop school-operated enterprises on the basis of social needs and capacity, as internship bases.

Article 28: Tuition and fees shall be optionally reduced or waived for disabled students who have financial difficulties.

Chapter V: Education at or above Ordinary Senior Middle School Level and Adult Education

Article 29: Ordinary senior middle schools, institutions of higher learning and adult education institutions must enroll students with disabilities who meet the national admission requirements and must not deny them enrollment on account of their disabilities.

Article 30: Community's people's governments at or above the city, may establish special education schools (or classes) at or above senior middle school level in order to raise the level of education available to persons with disabilities.

Article 31: Administrative departments of education for people's governments at the county level or above shall,together with broadcasting and television departments and in light of the actual conditions, develop or broadcast subjects or courses suitable for persons with disabilities.

Article 32: Units where persons with disabilities work shall develop cultural knowledge education and technical training for persons with disabilities working in those units.

Article 33: 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 study.

Article 34: The state and society encourage and assist persons with disabilities to fulfill their potential through self study.

Chapter VI: Teachers

Article 35: All levels of people's government 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.

Article 36: Teachers engaged in the education of persons with disabilities shall have a passion for their work, possess the spirit of socialist humanitarianism, care for their students and grasp professional knowledge and skills for the education of persons with disabilities.

Article 37: The state implements a credentialing system for teachers engaging in education of disabled persons, and the specific methodology will be formulated by the State Council's administrative department of education and other State Council administrative departments.

Article 38: Units that organize special education schools shall, in line with the standards for size of teaching staff in special education schools, assign to those schools teachers to undertake such work as teaching and rehabilitation.

The allocation standards for size of teachers at special education schools is developed by the State Council administrative department of education together with other relevant State Council administrative departments.

Article 39:The State Council administrative department of education and people's government of provinces, autonomous regions and directly-governed municipalities shall methodically organize special education teacher's colleges and courses, or affiliate special education teachers' training classes (departments) to ordinary teachers' colleges to train teachers in special education.

Article 40:The administrative departments of education for local people's government at the county level or above shall include the education of qualified special education teachers in their work plans and, by means such as establishing training bases, organize the continuing education for teachers engaged in special education.

Article 41: Ordinary teachers' colleges shall methodically arrange compulsory or elective special education courses, so that trainee teachers master the necessary foundational knowledge and skills of special education, as appropriate for meeting the educational needs of disabled students in regular classes.

Article 42: Teachers and staff members engaged in the education of persons with disabilities, in accordance with relevant national provisions, are entitled to subsidies and other benefits for the education of persons with disabilities.

Chapter VII: Guarantees of Material Conditions

Article 43: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 schools for persons with disabilities within their administrative region.

Article 44:Each level of people's government is responsible for financing the education of disabled persons, providing guarantees, and making increases following the increase of educational expenses.

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.

Article 45: The State encourages social forces to sponsor educational institutions for persons with disabilities or to contribute funding support for their education.

Article 46: Local people's government at the county level or above shall make overall plans and rational allotments for the establishment of educational institutions for persons with disabilities.

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

Article 47:The construction of educational institutions for the disabled shall be suited to the special characteristics of disabled persons study, rehabilitation and lives.

Ordinary schools shall, on the basis of actual circumstances, offer facilitation and capacity for disabled students studies and lives after admission.

Article 48:People's governments at the county level or above, and their relevant departments, shall adopt preferential policies and measures to support the research and production of instruments, teaching tools, learning tools and other equipment used for the education of persons with disabilities, and to support educational institutions for persons with disabilities in the establishment and development of school-run or welfare enterprises.

Chapter VIII: Reward and punishment

Article 49: People's governments of all levels or other administrative departments of education will give awards to individuals or units with any of the following achievements:

(1) Made outstanding contributions in the areas of the teaching disabled persons or research on the education of persons with disabilities;

(2) Outstanding performance in assisting persons with disabilities attend school;

(3) Researched or produced specialized instruments, teaching tools, and learning tools for the education of persons with disabilities, achieving success in improving the quality of education for disabled persons;

(4) Achieved clear accomplishments in the establishment of schools for disabled persons;

(5) Made other major contributions in the education of persons with disabilities.

Article 50:Where any of the following acts are committed, the relevant departments will give administrative sanctions to the persons directly responsible:

1) Refusing to enroll any person with a disability who should be enrolled according to the relevant national provisions;

2) Insulting, physically punishing or beating a student with a disability;

(3) Embezzling, withholding or misappropriating funds for the education of persons with disabilities.

Where there is the conduct listed in the (1) above, the administrative departments of education will order the school to admit the disabled student for classes.

Where there is the conduct listed in (2) above, violating "the PRC Security Management Punishment Regulations" the public security organs give an administrative sanction. Where the conduct listed in (2) or (3) above constitutes a crime, it shall be pursued for liability in accordance with law.

Chapter IX: Supplementary Provisions

Article 51:Provinces, autonomous regions and directly governed municipalities may formulate implementation measures in accordance with these regulations.

Article 52:This Regulation shall become effective on the date of publication.

 

About China Law Translate 803 Articles
CLT is a crowdsourced, crowdfunded legal translation project that enables English speaking people to better understand Chinese law.

Be the first to comment

Leave a Reply

Your email address will not be published.


*