Regulation on the Education of the Disabled

 2018-08-08  64


· Document Number:Order No. 674 of the State Council

· Area of Law: Civil Law Education

· Level of Authority: Administrative Regulations

· Date issued:02-01-2017

· Effective Date:05-01-2017

· Issuing Authority: State Council

· Status: Effective

 

Order of the State Council
(No. 674)
The Regulation on the Education of the Disabled is revised and adopted at the 161st executive meeting of the State Council on January 11, 2017. The revised Regulation on the Education of the Disabled is hereby issued and shall come into force on May 1, 2017.
Premier: Li Keqiang
February 1, 2017
Regulation on the Education of the Disabled
(Issued via Order No. 161 of the State Council of the People's Republic of China on August 23, 1994, revised by the Decision of the State Council on Repealing and Amending Some Administrative Regulations on January 8, 2011, and revised and adopted at the 161st executive meeting of the State Council on January 11, 2017)
Chapter I General Provisions
Article 1 For the purposes of maintaining the right of the disabled to education and developing the educational cause for the disabled, this Regulation is developed in accordance with the Education Law of the People's Republic of China and the Law of the People's Republic of China on the Protection of the Disabled.
Article 2 The state guarantees the right of the disabled to equal access to education and prohibit educational discrimination based on disability.
The education of the disabled shall follow the state's educational policies, and comprehensively improve the quality of the disabled based on their physical and mental characteristics and needs, to create conditions for their equal participation in the social life.
Article 3 The education of the disabled shall be an integral part of the state's educational cause.
For the development of the educational cause for the disabled, the guidelines of combining popularization with enhancement and laying an emphasis on popularization shall be followed, compulsory education shall be guaranteed, the development of vocational education shall be focused on, preschool education shall be actively developed and the education at or above senior middle school level shall be gradually developed.
For the education of the disabled, the quality of education shall be improved, inclusive education shall be actively promoted, normal and special education methods shall be adopted in accordance with the types of disabilities and learning capacities of the disabled, and priority shall be given to the adopting of the normal education method.
Article 4 People's governments at or above the county level shall strengthen the leadership for the educational cause for the disabled, incorporate the education of the disabled into the development plan for the educational cause, make overall arrangements and implementation, rationally allocate resources, guarantee the investment of funds in the education of the disabled, and improve the school-running conditions.
Article 5 The administrative departments of education under the State Council shall be in charge of the work of the education of the disabled across the country, make overall planning and coordination for the management of the educational cause for the disabled nationwide; other relevant departments under the State Council shall, within the scope of their respective functions as prescribed by the State Council, be responsible for the relevant work of the education of the disabled.
The local people's governments at or above the county level shall be in charge of the work of the education of the disabled within their respective administrative regions; and other relevant departments of the local people's governments at or above the county level shall, within the scope of their respective functions, be responsible for the relevant work of the education of the disabled.
Article 6 The China Disabled Persons' Federation and its local organizations shall actively promote and develop the work of the education of the disabled, assist the relevant departments in implementing the education of the disabled, and provide support and assistance for the receiving of education by the disabled.
Article 7 Preschool educational institutions, schools of various types and at various levels and other educational institutions shall, in accordance with the provisions of the Regulation and relevant laws and regulations of the state, provide education for the disabled; and shall not reject to admit the disabled meeting the conditions as prescribed by the laws and regulations and applying for entrance.
Article 8 The families of the disabled shall assist them in receiving education.
Parents or other guardians of disabled children and juveniles shall respect and protect the rights of disabled children and juveniles to education, actively carry out family education, make disabled children and juveniles receive recovery training and education in a timely manner, assist and participate in the education and teaching activities of relevant educational institutions, and support disabled children and juveniles to receipt education.
Article 9 All sectors of society shall care for and support the education of the disabled. The communities, relevant social organizations, enterprises and public institutions for which the disabled serve shall support and assist the disabled in having equal access to education and integrating into the society.
Article 10 The state shall commend and reward organizations and individuals that have made outstanding contributions to the educational cause for the disabled under the relevant provisions.
Article 11 The institutions of the people's governments at or above the county level in charge of education and supervision shall incorporate the information on the education of the disabled into the supervision scope, and may conduct special supervision of the information on the laws and regulations on the education of the disabled, the quality of education and teaching of the disabled, the information on the management and use of expenses, and other items.
Chapter II Compulsory Education
Article 12 The people's governments at all levels shall perform their functions according to the law and protect the right of the school-age disabled children and adolescents to receive compulsory education.
People's governments at or above the county level shall supervise, direct and examine the work of compulsory education, including the supervision, direction and examination of the work of compulsory education for disabled children and adolescents.
Article 13 The parents or other guardians of school-age disabled children and adolescents shall have their disabled children or persons under guardianship receive compulsory education in accordance with the law.
Article 14 The starting age and schooling period of disabled children and adolescents receiving compulsory education shall be the same as that of all local children and adolescents receive compulsory education; and if necessary, the starting age and schooling age may be appropriately raised.
Article 15 The administrative departments of education of the people's governments at the county level shall, in conjunction with the health administrative departments, the civil affairs departments and the disabled persons' federations and according to the information on the screening of neonatal diseases, disability screening of preschool children, statistics of the disabled and other items, conduct pre-school registration of school-age disabled children and adolescents for compulsory education, and comprehensively understand the number of school-age disabled children and adolescents within their respective administrative regions and the information on disability.
Article 16 The people's governments at the county level shall, in accordance with the information on the number, category and distribution of disabled children and adolescents within their respective administrative regions, develop overall planning, give priority to establish classrooms of special education resources in some ordinary schools, be equipped with necessary equipment and appoint special teachers and professional personnel to provide education of the disabled, and designate them to enroll disabled children and adolescents to receive compulsory education; and support other ordinary schools to establish classrooms of special education resources as needed, or arrange schools with corresponding resources and meeting corresponding conditions to provide necessary support for other ordinary schools in the enrollment of disabled students.
The people's governments at the county level shall equip the special education schools for compulsory education with the necessary instrument and equipment for education and teaching, recovery assessment, recovery training and other items of the disabled, and strengthen the construction of the special education schools for nine-year compulsory education.
Article 17 School-age disabled children and adolescents that are able to adapt to ordinary school life and receive ordinary education shall receive compulsory education from the ordinary schools nearby under the provisions of the Compulsory Education Law of the People's Republic of China.
School-age disabled children and adolescents that are able to receive ordinary education, but require special support in learning and living shall receive compulsory education from nearby ordinary schools with corresponding resources and meeting corresponding conditions designated by the administrative departments of education of the people's governments at the county level in certain regions.
School-age disabled children and adolescents that are unable to receive ordinary education shall be arranged by the administrative departments of education of the people's governments at the county level in an overall manner to enter the special education schools to receive compulsory education.
School-age disabled children and adolescents that need care by special persons and are unable to attend schools shall be arranged by the administrative departments of education of the people's governments at the county level in an overall manner, to receive compulsory education through home teaching, remote education and other ways and to be incorporated into the student status management.
Article 18 Where disabled children and adolescents study in special education schools and are able to receive ordinary education after education and recovery training, schools may suggest that the parents or other guardians of disabled children and adolescents transfer or go to ordinary schools to receive compulsory education.
Where disabled children and adolescents studying in ordinary schools are difficult to adapt to the school life in ordinary schools, schools may suggest that the parents or other guardians of disabled children and adolescents transfer them to designated ordinary schools or special education schools to receive compulsory education.
Article 19 The capacity of receiving education and capacity of adapting to school life of school-age disabled children and adolescents shall be judged according to their category of disability, degree of disability, degree of compensation, school-running conditions of schools and other factors.
Article 20 The administrative departments of education of the people's governments at the county level shall, in conjunction with the health administrative departments, civil affairs departments, and disabled persons' federations, set up the committees of experts in education of the disabled composed of experts in education, psychology, recovery, social work and other respects.
The committees of experts in education of the disabled may accept the commission of the administrative departments of education, assess the school-age disabled children's and adolescents' physical conditions, capacity of receiving education and capacity of adapting to school life, and offer suggestions of admission and transfer; and provide consulting and suggestions for the issue of compulsory education of the disabled.
Assessment results reached under the provisions of the preceding paragraph that are privacy of disabled children and adolescents may only be used for the education and recovery of the disabled children and adolescents. The administrative departments of education, committees of experts in education of the disabled, schools, and their staff members shall assume the obligation of maintaining confidentiality for the assessment results and other personal information of the disabled children and adolescents known from work.
Article 21 The parents or other guardians of disabled children and adolescents that have disputes with schools on admission and transfer arrangements may apply to the administrative departments of education of the people's governments at the county level for handling.
Administrative departments of education of the people's governments at the county level receiving applications shall entrust the committees of experts in education of the disabled to assess school-age disabled children's and adolescents' physical conditions, capacity of receiving education and capacity of adapting to school life, and offer suggestions of admission and transfer, and make decisions on the admission and transfer arrangements of disabled children and adolescents according to the assessment results of the committees of experts in education of the disabled and the suggestions of admission and transfer offered thereby and in comprehensive consideration to the school-running conditions and the willingness of the disabled children and adolescents and their parents or other guardians.
Article 22 Ordinary schools enrolling disabled students shall reasonably enroll disabled students in classes; and may set up specialized classes for special education, where there are many disabled students.
Ordinary schools enrolling disabled students shall arrange special teachers providing education of the disabled or experienced teachers to assume the work of education and teaching for studying along with the normal classes or special education classes, appropriately reduce the number of class students, provide convenience and conditions for the study and life of disabled students after school entrance, and guarantee that disabled students equally participate in the education and teaching and various activities organized by schools.
Article 23 The curriculum design plan, course standards and teaching materials may apply to the compulsory education for disabled students studying along with the normal classes in ordinary schools, but the learning requirements for them may be appropriately flexible.
Article 24 The special education schools (classes) for disabled children and adolescents shall adhere to the principle of combining ideological, cultural and labor skills education with strengthening of their bodies and minds; differentiated education shall be provided on the basis of students' disabilities and compensation required for them; and if necessary, the opinions of the parents or other guardians of disabled students shall be solicited, individualized education plans meeting the physical and psychological characteristics and needs of disabled students shall be developed, and individualized teaching shall be provided.
Article 25 The curriculum design plans, course standards and teaching materials of the special education schools (classes) for disabled children and adolescents shall meet the physical and psychological characteristics and needs of disabled children and adolescents.
The curriculum design plans and course standards of special education schools (classes) for disabled children and adolescents shall be developed by the administrative department of education under the State Council; and the teaching materials shall be examined and approved by the administrative departments of education under the people's governments at or above the provincial level under the relevant provisions of the state.
Article 26 The administrative departments of education of the people's governments at the county level shall strengthen the guidance for the compulsory education for disabled children and adolescents within their respective administrative regions.
Administrative departments of education of local people's governments at or above the county level shall make overall plans and arrangements for supporting the special education schools to establish special education resource centers and provide special education guidance and support services within certain regions. Special education resource centers may, upon commission of the administrative departments of education, assume the following work:
(1) directing and assessing the work of studying along with the normal classes within their regions;
(2) training teachers that assume the education and teaching tasks of studying along with the normal classes;
(3) appointing teachers and relevant professional service personnel to support studying along with the normal classes, to provide tutorship and support for disabled children and adolescents receiving home teaching and remote education;
(4) providing consulting for parents or other guardians of disabled students; and
(5) other relevant work of special education.
Chapter III Vocational Education
Article 27 For the vocational education of the disabled, secondary vocational education shall be vigorously developed, the development of higher vocational education shall be accelerated, medium- and short-term training dominated by practical technology shall be actively provided, the employability shall be enhanced as the principal thing, technical talents shall be trained, and employment guidance for disabled students shall be strengthened.
Article 28 The vocational education for the disabled shall be provided by ordinary vocational education institutions and special vocational education institutions, and be dominated by ordinary vocational education institutions.
The local people's governments at or above the county level shall, according to the needs, rationally form special vocational education institutions, improve the school-running conditions, and increase the recruitment scale of secondary vocational schools for the disabled.
Article 29 Ordinary vocational schools shall not reject to enroll the disabled who meet the admission requirements as prescribed by the state, and ordinary vocational training institutions shall actively enroll the disabled.
The local people's governments at or above the county level shall take measures to encourage and support ordinary vocational education institutions to actively enroll disabled students.
Article 30 Schools and training institutions providing vocational education for the disabled shall, according to the social needs and the physical and psychological characteristics of the disabled, reasonably set up majors, and cooperate with enterprises in forming internship and training bases or effectively run the internship bases according to the teaching needs and conditions.
Chapter IV Preschool Education
Article 31 The people's governments at all levels shall actively take measures and gradually increase the proportion of disabled infants receiving pre-school education.
People's governments at the county level and their administrative departments of education, civil affairs department and other relevant departments shall support ordinary kindergartens to create conditions for the enrollment of disabled infants; and support special education schools and welfare institutions for disabled children, recovery institutions of disabled children and other institutions meeting the school-running conditions to provide pre-school education.
Article 32 The education of disabled infants shall be conducted in combination with child care and recovery.
Pre-school education institutions enrolling disabled infants shall, according to their own conditions, be equipped with necessary recovery facilities, equipment and professional recovery personnel, or cooperate with other special educational institutions and recovery institutions with recovery facilities, equipment and professional recovery personnel to provide recovery training for disabled infants.
Article 33 Health care institutions, preschool educational institutions for disabled infants, child welfare institutions and families shall attach importance to early detection of disabilities in children, as well as their early recovery and education.
Health care institutions, preschool educational institutions for disabled infants, and recovery institutions for disabled children shall provide consultation and guidance for the early detection, early recovery and early education of disabled infants.
Chapter V Education at or above the Ordinary Senior Middle School Level and Continuing Education
Article 34 Ordinary senior middle schools, institutions of higher learning and continuing education institutions shall enroll disabled students that meet the admission requirements as prescribed by the state and shall not reject to enroll them due to disabilities.
Article 35 Local people's governments at or above the level of districted city may, in light of the actual circumstances, establish special education schools providing education of or above senior secondary education, support institutions of higher education to establish special education colleges or set up relevant majors, and improve the degree of education of the disabled.
Article 36 Administrative departments of education and other relevant departments of people's governments at or above the county level, and schools shall fully utilize the modern information technology, provide convenience and assistance for the disabled for receiving adult higher education, higher education self-examinations and other items through remote education and other ways, set up majors and courses suitable for the disabled in light of the actual circumstances, and adopt flexible and open teaching and management model to support the disabled to smoothly complete their studies.
Article 37 The employers of the disabled shall provide cultural knowledge education and technical training for the disabled serving for these entities.
Article 38 Anti-illiteracy education shall include the literacy education provided for the disabled illiterate or semi-literate that have reached the age of 15 and have not lost their learning capacity.
Article 39 The state and society shall encourage and help with becoming talented through self-study of the disabled.
Chapter VI Teachers
Article 40 The people's governments at or above the county level shall attach importance to the training of teachers providing education of the disabled, take measures to gradually increase their status and benefits, improve their working environment and conditions, and encourage their lifelong engage in the educational cause for the disabled.
People's governments at or above the county level may take such measures as free education, tuition reduction and exemption and compensation of student loans, and encourage qualified college graduates of institutions of higher education to teach in special education schools or other special education institutions.
Article 41 Teachers providing education for the disabled shall have a passion for their educational cause of the disabled, possess the socialist humanitarianism spirit, respect and care for the disabled students, and understand the professional knowledge and skills for the education of the disabled.
Article 42 A teacher specializing in providing education of the disabled (hereinafter referred to as “special education teacher”) shall meet the following conditions:
(1) He or she has obtained the qualifications for teachers as prescribed in the Teachers Law of the People's Republic of China.
(2) He or she has graduated as a major of special education or has received special training of special education organized by the administrative department of education of the province, autonomous region, or municipality directly under the Central Government and has passed the examination.
Special education teachers providing education of persons with hearing disabilities shall reach the sign language level standards as prescribed by the state and special education teachers providing education of persons with visual disabilities shall reach the braille level standards as prescribed by the state.
Article 43 The people's governments of the provinces, autonomous regions and municipalities directly under the Central Government may, according to the needs of the development of education of the disabled and in consideration of the local reality, develop standards for the teaching and administrative staff members of special education schools and ordinary schools designated to enroll disabled students.
Administrative departments of education of the local people's governments at or above the county level shall, in conjunction with other relevant departments and within the total staffing quota verified, appoint special education teachers and relevant professional personnel assuming teaching, recovery and other work for special education schools; and set up special education teachers and other full-time positions in ordinary schools designated to enroll disabled students.
Article 44 The administrative department for education of the State Council and the people's government of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the development needs of the education of the disabled, establish normal colleges and schools for special education in a planned manner and support ordinary normal colleges and schools and comprehensive colleges and schools to set up corresponding departments or majors and train special education teachers.
Special education courses shall be provided for the normal majors of ordinary normal colleges and schools and comprehensive colleges and schools, to make students understand necessary foundational knowledge and skills of special education, to meet the educational and teaching needs of disabled students studying along with the normal classes.
Article 45 The administrative departments of education of local people's governments at or above the county level shall incorporate the training for special education teachers into the teacher training plans and organize in-service training for special education teachers in a variety of forms to improve their professional level; and a certain proportion of special education contents and relevant knowledge shall be increased in the training for ordinary teachers, to improve the capacity of ordinary teachers for special education.
Article 46 Special education teachers and other relevant professionals engaging in special education shall, in accordance with the relevant provisions of the state, enjoy special allowance and other treatment for persons taking special posts; teachers of ordinary schools assuming the work of teaching and management of disabled students studying along with the normal classes shall incorporate the work of teaching and management of disabled students assumed thereby into their performance assessment and regard it as an important basis for verifying wages and treatments and position assessment and appointment.
Administrative departments of education and human resources and social security departments of the people's governments at or above the county level shall develop preferential policies and provide special opportunities for special education teachers in job evaluation, training, commendation, rewards and other respects.
Chapter VII Guarantees of Conditions
Article 47 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in light of the special circumstances of education for the disabled and in accordance with the guiding standards of the relevant administrative departments of the State Council, develop construction standards, spending standards, standards for the allocation of teaching instrument and equipment for special education schools within their respective administrative regions.
Where an ordinary school enrolls disabled students at the compulsory education stage, the public finance department and administrative department of education of the people's government at the county level shall, according to the standards of public funds within the average budget for special education schools, allocate funds in full.
Article 48 The people's governments at all levels shall, under the relevant provisions, arrange funds for the education of the disabled and incorporate the funds required into the budgets of the governments at the corresponding level.
The people's governments at or above the county level may, as needed, set up special subsidies for the development of the education of the disabled.
The funds allocated for compulsory education by the 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.
The local people's governments at all levels may, under relevant provisions, use the Employment Security Funds for the Disabled legally expropriated for providing various vocational education of the disabled by special education schools.
Article 49 Local people's governments at or above the county level shall, according to the development needs of the education of the disabled, develop overall plans and make rational layout, establish special education schools, and provide necessary instrument and equipment for education and teaching, recovery assessment, recovery training and other items of the disabled under the relevant provisions of the state.
The establishment of special education schools shall be established with the approval of the administrative departments of education in accordance with the relevant provisions of the state.
Article 50 New establishment, reconstruction and expansion of various schools at all levels shall satisfy the requirements of the Regulation on the Construction of Barrier-Free Environment.
Local people's governments at or above the county level and their administrative departments of education shall gradually promote the construction of barrier-free campus environment of various schools.
Article 51 A school enrolling disabled students shall reduce or exempt the tuitions and other expenses of disabled students with economic difficulties under the relevant provisions of the state and give priority to providing subsidies therefor according to the subsidy policies of the state.
The state shall encourage regions with good conditions to preferentially provide free pre-school education and high school education for disabled students with economic difficulties, to gradually provide free high school education for disabled students.
Article 52 The disabled that take national examinations of education and require necessary support conditions and reasonable convenience may file applications. Institutions of examinations of education and schools shall, under the relevant provisions of the state, provide them.
Article 53 The state shall encourage the social forces to establish special education institutions or make donations to schools; and encourage and support non-state schools or other educational institutions to enroll disabled students.
The local people's governments at or above the county level and their relevant departments shall support the private special education institutions and non-state schools enrolling disabled students under the relevant provisions of the state.
Article 54 The state shall encourage the scientific research of the education of the disabled, organize and support the research and application of braille and sign language, and support the development and publishing of the teaching materials of special education.
Article 55 The people's governments at or above the county level and their relevant departments shall adopt preferential policies and measures to support the research and production of special instruments and equipment, teaching tools, learning tools, software and other auxiliary supplies for the education and teaching of the disabled, and to support the special education institutions to establish and develop welfare enterprises and supporting employment institutions.
Chapter VIII Legal Liability
Article 56 Local people's governments at all levels and their relevant departments that fail to perform the relevant functions for the education of the disabled in violation of the provisions of the Regulation shall be ordered to take corrective action within a prescribed time limit by the people's governments at next higher levels or their relevant departments; and where the circumstances are serious, notices of criticism shall be circulated, and the disciplinary actions shall be legally given to the directly responsible persons in charge and other directly liable persons.
Article 57 Pre-school institutions, schools, other educational institutions and their staff members that fall under one of the following circumstances in violation of the provisions of the Regulation shall be ordered to take corrective action by the competent administrative departments and the directly responsible persons in charge and other directly liable persons in charge shall be given disciplinary actions according to the law; where any violation of public security administration is constituted, they shall be legally given public security administration punishment by the public security organs; and where a crime is constituted, they shall be held criminally liable in accordance with the law.
(1) They reject to enroll disabled students meeting the conditions prescribed by laws and regulations.
(2) They discriminate, insult and physically punish disabled students or indulge the discrimination words and deeds against disabled students, and have caused physical and psychological harm to disabled students.
(3) They fail to reduce or exempt tuitions or other expenses for disabled students with economic difficulties under the relevant provisions of the state.
Chapter IX Supplemental Provisions
Article 58 The meanings of the following terms in the Regulation:
Integrated education means integrating the education of disabled students into ordinary education to the largest extent.
Classrooms of special education resources means special classrooms set up in ordinary schools and equipped with facilities and equipment for special education and recovery training.
Article 59 The Regulation shall come into force on May 1, 2017.