Regulations on Education for Individuals with Disabilities
(Promulgated by Decree No. 161 of the State Council of the People’s Republic of China on August 23, 1994; revised in accordance with the Decision of the State Council on Annulling and Amending Certain 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 These Regulations are formulated in accordance with the Education Law of the People’s Republic of China and the Law of the People’s Republic of China on Protection of Disabled Persons for the purpose of guaranteeing the right of individuals with disabilities to receive education and developing education for individuals with disabilities.
Article 2 The State guarantees the right of individuals with disabilities to equally receive education and prohibits any discrimination in education on the ground of disability.
Education for individuals with disabilities shall be provided in accordance with the educational policies of the State with the aim to help them achieve all-round development while taking into consideration their physical and psychological characteristics and needs, and creating opportunities for their equal participation in social life.
Article 3 Education for individuals with disabilities is an integral part of the national education.
The principles of universal access and quality improvement shall be implemented in the development of education for individuals with disabilities, with emphasis on the former. Compulsory education shall be guaranteed, priority shall be given to developing vocational education, while efforts shall be made to carry out preschool education and gradually develop education at or above the senior high school level.
Education for individuals with disabilities shall improve the quality of instruction, actively promote inclusive education, and adopt general education approach or special education approach in accordance with the categories of disabilities and their abilities of receptivity, while giving priority to general education approach.
Article 4 People’s governments at or above the county level shall strengthen their leadership over the education for individuals with disabilities, incorporate the education for individuals with disabilities into their plans for the development of education and make overall arrangements for the implementation of these plans, rationally allocate resources, ensure financial input for the education for individuals with disabilities, and improve the conditions for school running.
Article 5 The administrative department of education under the State Council shall be in charge of the education for individuals with disabilities throughout the country, make overall plans for and undertake coordination and management of the education for individuals with disabilities throughout the country. Other relevant departments under the State Council shall be responsible for the education for individuals with disabilities within their respective functions and responsibilities defined by the State Council.
The administrative departments of education under the local people’s governments at or above the county level shall be in charge of the education for individuals with disabilities within their own administrative areas. Other relevant departments under the local people’s governments at or above the county level shall be responsible for the education for individuals with disabilities within their respective functions and responsibilities.
Article 6 The China Disabled Persons’ Federation and its local organizations shall actively promote and carry out the education for individuals with disabilities, assist the relevant departments in providing education for individuals with disabilities, and offer support and assistance for individuals with disabilities to receive education.
Article 7 Preschool education institutions, schools of different grades and different categories and other educational institutions shall carry out the education for individuals with disabilities in accordance with the provisions of these Regulations and the relevant laws and regulations of the State, and shall not refuse to enroll individuals with disabilities who meet the requirements for admission to schools as stipulated in laws and regulations.
Article 8 The families of individuals with disabilities shall assist individuals with disabilities in receiving education.
The parents or other guardians of children and adolescents with disabilities shall respect and guarantee the right of children and adolescents with disabilities to receive education, actively carry out home education, enable children and adolescents with disabilities to timely receive rehabilitation training and education, assist or participate in the educational and teaching activities of the relevant educational institutions, and offer support for children and adolescents with disabilities in receiving education.
Article 9 All circles of society shall care for and support the cause of education for individuals with disabilities. The communities where individuals with disabilities reside in, the relevant social organizations, enterprises and public institutions shall support and help individuals with disabilities to equally receive education and integrate into the society.
Article 10 The State shall, in accordance with the relevant provisions, give commendations and awards to the organizations and individuals that have made outstanding contributions to the cause of education for individuals with disabilities.
Article 11 The authorities responsible for educational supervision under the people’s governments at and above the county level shall incorporate the provision of education for individuals with disabilities into the scope of supervision, and may conduct special supervision over matters such as implementation of laws and regulations on education for individuals with disabilities, educational and teaching quality, as well as management and use of the funds for the education for individuals with disabilities.
Chapter II Compulsory Education
Article 12 People’s governments at all levels shall perform their functions and responsibilities in accordance with law to guarantee the right of school-age children and adolescents with disabilities to receive compulsory education.
Where the people’s governments at or above the county level oversee, guide, or inspect the provision of compulsory education, they shall include in their efforts the oversight, guidance, and inspection of the provision of compulsory education for children and adolescents with disabilities.
Article 13 The parents or other guardians of school-age children and adolescents with disabilities shall, in accordance with law, ensure that their children or wards with disabilities attend schools and receive and complete compulsory education.
Article 14 The admission age and length of schooling of children and adolescents with disabilities for compulsory education shall be identical to those of local children and adolescents for compulsory education; if necessary, the age requirements for admission and schooling may be appropriately raised.
Article 15 The administrative departments of education under the people’s governments at the county level shall, in conjunction with the administrative departments of public health, civil affairs departments and the disabled persons’ federations, conduct pre-admission registration of school-age children and adolescents with disabilities for compulsory education on the basis of the results of neonatal screening for diseases, screening of preschool-age children with disabilities, statistics of individuals with disabilities, and so on, with a view to obtaining comprehensive information of their administrative areas on the quantities of school-age children and adolescents with disabilities and the conditions of their disabilities.
Article 16 People’s governments at the county level shall make overall plans on the basis of the quantities, types, and geographic distribution of children and adolescents with disabilities within their respective administrative areas, give priority to the establishment of classrooms with special education resources in some regular schools, provide them with necessary equipment and teachers and professionals who specialize in the education for individuals with disabilities, and designate these schools to admit children and adolescents with disabilities to receive compulsory education. These governments shall also support other regular schools to establish classrooms with special education resource if needed, or arrange for schools with appropriate resources and conditions to offer necessary support to the regular schools that enroll students with disabilities.
People’s governments at the county level shall equip the special education schools that provide compulsory education with the instruments and equipment needed for education, teaching, rehabilitation evaluation and rehabilitation training for individuals with disabilities, and strengthen the construction of special education schools that provide nine-year compulsory education.
Article 17 School-age children and adolescents with disabilities who are able to adapt to school life in regular schools and receive general education shall, in accordance with the Compulsory Education Law of the People’s Republic of China, attend regular schools near the places of their residence for receiving compulsory education.
School-age children and adolescents with disabilities who are able to receive general education but need special support in school life shall, according to their physical conditions, attend regular schools near the places of their residence for receiving compulsory education that are furnished with appropriate resources and conditions and designated within specific regions by the administrative departments of education under the people’s governments at the county level.
School-age children and adolescents with disabilities who are unable to receive general education shall be arranged by the administrative departments of education under the people’s governments at the county level to receive compulsory education at special education schools.
Where school-age children and adolescents with disabilities need dedicated nursing and are unable to attend school, the administrative departments of education under the people’s governments at the county level shall make overall arrangements and provide compulsory education by means of courses-delivered-at-home or distance education, and include them in school registration system.
Article 18 Where children and adolescents with disabilities studying in special education schools are able to receive general education after education and rehabilitation training, the schools may advise their parents or other guardians to transfer or enroll them to regular schools for receiving compulsory education.
Where children and adolescents with disabilities studying in regular schools have difficulties in adapting to the school life in regular schools, the schools may advise their parents or other guardians to transfer them to designated regular schools or special education schools for receiving compulsory education.
Article 19 The ability of school-age children and adolescents with disabilities to receive education and adapt to school life shall be judged on the basis of the factors such as the categories and severity of disabilities, the degree of compensation and the conditions for school running.
Article 20 The administrative departments of education under the people’s governments at the county level shall, in conjunction with the administrative departments of public health, civil affairs departments and the disabled persons’ federations, establish expert committees on education for individuals with disabilities composed of experts of education, psychology, rehabilitation, social work, etc.
The expert committees on education for individuals with disabilities may, entrusted by the administrative departments of education, assess the physical conditions of the school-age children and adolescents with disabilities as well as their abilities to receive education and adapt to school life, so as to give advice on their school admissions or transfers; they may also provide consulting services and give advice on compulsory education for individuals with disabilities.
Assessment results accomplished in accordance with the preceding paragraph are private information of children and adolescents with disabilities, and shall be used for their education or rehabilitation only. The administrative departments of education, the expert committees on education for individuals with disabilities, and schools and their staff are obliged to keep confidential these assessment results and other personal information of children and adolescents with disabilities that they learn in their work.
Article 21 Where the parents or other guardians of children and adolescents with disabilities have disputes with schools over the arrangements for school admissions or transfers, they may apply to the administrative departments of education under the people’s governments at the county level to handle the disputes.
Upon reception of applications, the administrative departments of education under the people’s governments at the county level shall entrust the expert committees on education for individuals with disabilities with assessing the physical conditions of the children and adolescents with disabilities as well as their abilities to receive education and adapt to school life and give advice on their school admissions or transfers, and shall, on the basis of the expert committees’ assessment results and the advice on school admissions or transfers given by the expert committees, make decisions on the arrangements for school admissions or transfers for the children and adolescents with disabilities by taking into full account the conditions for school running and the desires of the children and adolescents with disabilities as well as their parents or other guardians.
Article 22 Regular schools that enroll students with disabilities shall rationally assign them into appropriate classes. Where the students with disabilities are relatively big in quantity, the schools may set up special education classes for them.
Regular schools that enroll students with disabilities shall arrange for teachers exclusively engaged in the education for individuals with disabilities or experienced teachers to undertake the educational and teaching work of learning in regular classroom or of special education classes, and shall appropriately reduce the number of students in such classes and provide the students with disabilities with convenience for their study and life after admission to school, so as to ensure that the students with disabilities can equally participate in educational and teaching activities as well as various activities organized by the schools.
Article 23 For the students with disabilities who receive compulsory education in regular schools by means of learning in regular classroom, the curriculum designs, curriculum standards, and teaching materials for regular compulsory education may be applied, but appropriate flexibility may be allowed in terms of academic requirements.
Article 24 The combination of education on ideology, literacy and labor skills with physical and psychological compensation shall be adhered to in special education schools (classes) of children and adolescents with disabilities, the model of specialized teaching shall be exercised on the basis of the students’ state of disabilities and the degree of compensation. When necessary, the opinions of students with disabilities’ parents or other guardians shall be listened to and the individualized educational plans that are appropriate for the students with disabilities’ physical and psychological characteristics and needs shall be developed for the purpose of providing individualized teaching.
Article 25 The curriculum designs, curriculum standards, and teaching materials for special education schools (classes) of children and adolescents with disabilities shall be appropriate for the physical and psychological characteristics and needs of children and adolescents with disabilities.
The curriculum designs and curriculum standards for special education schools (classes) of children and adolescents with disabilities shall be developed by the administrative department of education under the State Council, while the teaching materials shall be subject to the review and finalization in accordance with the relevant regulations of the State by the administrative departments of education under the people’s governments at or above the provincial level.
Article 26 The administrative departments of education under the people’s governments at the county level shall strengthen the guidance for the work of providing compulsory education for children and adolescents with disabilities within their administrative areas.
The administrative departments of education under the local people’s governments at or above the county level shall make overall arrangements for supporting special education schools to establish special education resource centers, which shall provide guidance and supporting services for special education within a specific region. Entrusted by the administrative department of education, a special education resource center may undertake the following work:
(1) guiding and evaluating the work of learning in regular classroom within its own region;
(2) providing training for the teachers within its region who undertake the educational and teaching task of learning in regular classroom;
(3) deploying teachers and other professional service providers to support learning in regular classroom, and providing tutoring and support for children and adolescents with disabilities who are taught by means of courses-delivered-at-home or distance education;
(4) providing consulting services for students with disabilities’ parents or other guardians;
(5) other work related to special education.
Chapter III Vocational Education
Article 27 As regards to vocational education for individuals with disabilities, great efforts shall be made to develop secondary vocational education, while the development of higher vocational education shall be expedited. The medium-term and short-term training that focuses on practical skills shall be actively carried out with an emphasis on improving employability in order to educate technical and skilled talents, and employment guidance for students with disabilities shall be strengthened.
Article 28 Vocational education for individuals with disabilities shall be provided by regular vocational education institutions and special vocational education institutions, with the former as the principal institutions.
Local people’s governments at or above the county level shall, on the basis of needs, rationally establish special vocational education institutions, improve the conditions for school running, and expand the enrollment of students with disabilities in secondary vocational schools.
Article 29 Regular vocational schools shall not refuse to enroll individuals with disabilities who meet the admission requirements set forth by the State; regular vocational training institutions shall actively enroll individuals with disabilities.
Local people’s governments at or above the county level shall take measures to encourage and support regular vocational education institutions to actively enroll students with disabilities.
Article 30 Schools and training institutions that provide vocational education for individuals with disabilities shall offer specialties in light of societal needs and the physical and psychological characteristics of individuals with disabilities, and work together with enterprises to establish internship and practicum bases, or make a fine job of running practicum bases in light of educational needs and conditions.
Chapter IV Preschool Education
Article 31 People’s governments at all levels shall actively adopt measures to gradually raise the proportion of children with disabilities receiving preschool education.
People’s governments at the county level and their administrative departments of education, civil affairs departments and other relevant departments shall support regular kindergartens to create conditions for enrolling children with disabilities, and shall support special education schools, as well as welfare agencies and rehabilitation establishments for children with disabilities that are satisfied with the conditions for school running, to provide preschool education.
Article 32 Education for children with disabilities shall be provided in combination with childcare and rehabilitation.
Preschool education institutions that enroll children with disabilities shall, according to their own conditions, be equipped with necessary rehabilitation facilities and equipment as well as professional rehabilitation staff, or collaborate with other special education institutions or rehabilitation establishments that are equipped with rehabilitation facilities and equipment as well as professional rehabilitation staff to provide rehabilitation training for children with disabilities.
Article 33 Health and care institutions, preschool education institutions for children with disabilities, welfare agencies for children and their families shall pay attention to early detection, rehabilitation and education for children with disabilities.
Health and care institutions, preschool education institutions for children with disabilities, and rehabilitation establishments for children with disabilities shall provide the families of children with disabilities with consulting services and guidance in terms of early detection, rehabilitation, and education for children with disabilities.
Chapter V Regular Senior Secondary School Education or Higher and Continuing Education
Article 34 Regular senior secondary schools, institutions of higher learning, and continuing education institutions shall enroll examinees with disabilities who meet the admission requirements set forth by the State, and shall not refuse to enroll on the ground of disability.
Article 35 Local people’s governments at or above the level of city divided into districts may, in light of the actual conditions, establish special education schools to provide senior secondary school education and above, and support the institutions of higher learning to establish special education colleges or offer related majors, so as to increase the education level of individuals with disabilities.
Article 36 The administrative departments of education under the people’s governments at or above the county level, other relevant departments and schools shall make full use of modern information technologies to provide convenience and assistance, by means of distance education or through other means, for individuals with disabilities in receiving higher education for adults and preparing for self-taught higher education examinations, and shall, in light of the actual conditions, offer majors and courses suitable for individuals with disabilities, and deploy flexible and open teaching and management models to support individuals with disabilities in successfully completing their studies.
Article 37 The organizations where individuals with disabilities work shall carry out general knowledge education and skills training for employees with disabilities.
Article 38 Literacy education shall include the education provided for illiterate and semi-literate individuals with disabilities who reach the age of 15 or older and do not lose the ability to learn.
Article 39 The State and society shall encourage and assist individuals with disabilities to become educated through self-study.
Chapter VI Teachers
Article 40 People’s governments at or above the county level shall place emphasis on educating and training teachers specializing in education for individuals with disabilities, and adopt measures to gradually raise their status and benefits, improve their working environment and conditions, and encourage them to engage in education for individuals with disabilities for life.
People’s governments at or above the county level may, by adopting measures such as free education, tuition reduction or waiver, or repayment of student loans, encourage qualified graduates from institutions of higher learning to teach at special education schools or other special education institutions.
Article 41 Teachers engaging in education for individuals with disabilities shall love the cause of education for individuals with disabilities, hold socialist humanitarian principles, respect and care for students with disabilities, and possess professional knowledge and skills for education for individuals with disabilities.
Article 42 Teachers specially engaging in education for individuals with disabilities (hereinafter referred to as special education teachers) shall meet the following requirements:
(1) having obtained teachers’ qualification in accordance with the Teachers’ Law of the People’s Republic of China;
(2) having graduated from special education majors, or having attended professional training on special education and been found qualified upon appraisal organized by the administrative departments of education under people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Special education teachers engaging in education for individuals with hearing impairment shall meet the sign language proficiency standards set by the State, and special education teachers engaging in education for individuals with visual impairment shall meet the Braille proficiency standards set by the State.
Article 43 People’s governments of provinces, autonomous regions and municipalities directly under the Central Government may, on the basis of the needs of the development of education for individuals with disabilities, lay down staffing standards for special education schools and regular schools designated to enroll students with disabilities in light of local realities.
The administrative departments of education under the local people’s governments at or above the county level shall, in conjunction with other relevant departments and within the limit of approved staffing size, assign special education teachers and relevant professionals to fulfill teaching, rehabilitation and other duties at special education schools, and introduce positions for special education teachers at regular schools designated to enroll students with disabilities.
Article 44 The administrative department of education under the State Council and governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, on the basis of the needs of the development of education for individuals with disabilities, systematically establish normal schools and colleges for special education, and support regular normal schools and colleges as well as comprehensive universities to set up relevant faculties or majors in order to educate special education teachers.
Regular normal schools and colleges as well as comprehensive universities with teacher education majors shall offer special education courses, so that the students can acquire essential basic knowledge and skills of special education and meet the educational and teaching needs of students with disabilities learning in regular classroom.
Article 45 The administrative departments of education under the local people’s governments at or above the county level shall include the training of special education teachers in their teacher training plans, and organize various forms of in-service training for special education teachers to raise their proficiency, and increase a certain proportion of contents and knowledge related to special education in regular teacher training to raise regular teachers’ capacity for special education.
Article 46 Special education teachers and other related professionals engaging in special education shall enjoy subsidies, allowances and other benefits in accordance with the regulations of the State; where teachers at regular schools fulfill teaching or management duties for students with disabilities learning in regular classroom, these duties shall be included in their performance appraisal and serve as an important basis to determine their salaries, benefits, and job evaluation and promotion.
The administrative departments of education, human resources and social security under the people’s governments at or above the county level shall develop preferential policies for special education teachers and offer special opportunities in terms of job evaluation and promotion, training and advanced studies, and commendations and rewards.
Chapter VII Supporting Measures
Article 47 People’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, on the basis of the special circumstances of education for individuals with disabilities and in accordance with the guiding criteria of the relevant competent administrative departments under the State Council, establish the criteria for construction, expenditures and provision of teaching instruments and equipment of the special education schools within their respective administrative areas.
Where a regular school providing compulsory education enrolls students with disabilities, the finance department and the administrative department of education under the people’s government at the county level shall appropriate adequate funds and pay in full amount in accordance with the average budget for public expense per student in special education schools.
Article 48 People’s governments at all levels shall, in accordance with the relevant provisions, arrange funds for education for individuals with disabilities, and incorporate the funds needed therefor into the government budgets at the corresponding level.
When necessary, people’s governments at or above the county level may set up special subsidies for developing education for individuals with disabilities.
The financial funds allocated for compulsory education by local people’s governments at all levels, as well as extra charges for education collected by these governments, shall have a certain proportion set aside for compulsory education for children and adolescents with disabilities.
Local people’s governments at all levels may, in accordance with the relevant provisions, utilize employment security funds collected in accordance with law to carry out various types of vocational education for individuals with disabilities at special education schools.
Article 49 Local people’s governments at or above the county level shall, on the basis of the needs of the development of education for individuals with disabilities, make overall plans and reasonable arrangements, establish special education schools, and provide, in accordance with the relevant regulations of the State, necessary instruments and equipment needed for education, teaching, rehabilitation evaluation and rehabilitation training for individuals with disabilities.
The establishment of special education schools shall be subject to the examination and approval by the administrative departments of education in accordance with the relevant regulations of the State.
Article 50 The construction, renovation and expansion of all types of schools at all levels shall comply with the requirements stipulated in the Regulations on the Creation of an Accessible Environment.
Local people’s governments at or above the county level and their administrative departments of education shall gradually promote the creation of an accessible environment for all types of schools at all levels.
Article 51 Schools that enroll students with disabilities shall, in accordance with the relevant regulations of the State, reduce or waive tuition fees and other fees for students with disabilities with financial difficulties, and give them the priority in receiving subsidies in accordance with the funding policies of the State.
The State encourages to prioritize the provision of free preschool and senior secondary school education for students with disabilities with financial difficulties in areas with good conditions, and to gradually provide free senior secondary school education for students with disabilities in such areas.
Article 52 Where individuals with disabilities sit for national education examinations and demand necessary support and reasonable convenience, they may submit an application. The education examination agencies and schools shall provide support and convenience in accordance with the relevant regulations of the State.
Article 53 The State encourages all quarters of society to establish special education institutions or make donations to help develop education, and encourages and supports privately-run schools or other educational institutions to enroll students with disabilities.
Local people’s governments at or above the county level and their relevant departments shall, in accordance with the relevant regulations of the State, provide support for privately-run special education schools and privately-run regular schools that enroll students with disabilities.
Article 54 The State encourages scientific research on education for individuals with disabilities, organizes and supports the research and application of Braille and sign language, and supports the compilation and publication of teaching materials for special education.
Article 55 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 instruments, equipment, teaching tools, learning tools, software and other auxiliary facilities specially used for education and teaching for individuals with disabilities, and support special education institutions to establish and develop welfare enterprises and auxiliary employment institutions.
Chapter VIII Legal Liability
Article 56 Where local people’s governments at all levels and their relevant departments violate the provisions of these Regulations by failing to fulfill their functions and responsibilities related to education for individuals with disabilities, they shall be ordered by the people’s government at the next higher level or its relevant department to make corrections within a specified time limit; where the circumstances are serious, a notice of criticism shall be circulated, and sanctions shall be imposed in accordance with law on the person in charge with competent accountability and other persons with competent accountability.
Article 57 Where preschool education institutions, schools and other educational institutions and their staff violate the provisions of these Regulations in any of the following circumstances, the relevant competent administrative departments shall order them to make corrections and impose sanctions in accordance with law on the principal leading persons directly in charge and the other persons directly responsible; where the violation constitutes a breach of the administration of public security, the public security organs shall impose penalties for public security violations in accordance with law; and where the violation constitutes a crime, criminal liability shall be investigated for in accordance with law.
(1) refusing to enroll students with disabilities who meet the requirements for admission to school as stipulated in laws and regulations；
(2) discriminating against, belittling, or physically punishing students with disabilities, or letting discriminatory words and actions go unchecked which resulting in physical or psychological damage to students with disabilities;
(3) failing to reduce or waive tuition fees or other fees for students with disabilities with financial difficulties in accordance with the relevant regulations of the State.
Chapter IX Supplementary Provisions
Article 58 As used in these Regulations:
“Inclusive education” means integrating education for students with disabilities into general education to the greatest extent possible.
“Classrooms with special education resources” means special classrooms established in regular schools with the facilities and equipment for special education and rehabilitation training.
Article 59 These Regulations shall be effective as of May 1, 2017.
