Domestic Resources (by country)

  1. Mainland China

The Compulsory Education Law mandated that every child is given the right to nine years of free public education: six years of elementary school and three years of secondary school. However, for persons with disabilities, the education system in China is far from inclusive. It is a combination of segregation in ordinary schools and special schools.

The primary laws relating to education are the  Regulations  on  the  Education  of  Persons  with  Disabilities  (1994, amended in 2013), enacted to ensure  the  rights  of  persons with disabilities to education and aim to develop persons with disabilities-related educational Projects.

Whilst the amendments to the disability regulations in 2013 have some positive elements, such as requiring mainstream schools to develop individualized educational plans for students with disabilities, the Human Rights Watch criticized the revisions as they continue to reinforce a parallel system of segregated special education schools and do not remove the obstacles to regular schools for children with disabilities because there was no clear requirement to provide reasonable accommodation.

The following are relevant legislation and policies in Mainland China in relation to the right to education of persons with disabilities.

Law of the People’s Republic of China on the Protection of Persons with Disabilities

(Adopted at the 17th Meeting of the Standing Committee of the Seventh National People’s Congress on December 28th, 1990, and revised at the 2nd Meeting of the Standing Committee of the Eleventh National People’s Congress on April 24th, 2008)

Chapter 1 General Provisions

Chapter 2 Rehabilitation

Chapter 3 Education

Chapter 4 Employment

Chapter 5 Cultural Life

Chapter 6 Social Security

Chapter 7 Accessible Environment

Chapter 8 Legal Liabilities

Chapter 9 Supplementary Provision

Chapter 1 General Provisions

Article 1 This Law is formulated in accordance with the Constitution for the purposes of safeguarding the lawful rights and interests of persons with disabilities, promoting the work on disability, ensuring the equal and full participation of persons with disabilities in social life and their share of the material and cultural wealth of society.

Article 2 A person with disabilities refers to one who has abnormalities of loss of a certain organ or function, psychologically or physiologically, or in anatomical structure and has lost wholly or in part the ability to perform an activity in the way considered normal.

The term “a person with disabilities” refers to one with visual, or hearing, or speech, or physical, or intellectual, or psychiatric disability, multiple disabilities and/or other disabilities.

The criteria for classification of disabilities shall be established by the State Council.

Article 3 Persons with disabilities shall enjoy equal rights with other citizens in political, economic, cultural and social respects and in family life as well.

The rights and dignity of persons with disabilities as citizens shall be protected by law.

Discrimination on the basis of disability shall be prohibited. Insult of and disservice to persons with disabilities shall be prohibited. Disparagement of and infringement upon the dignity of persons with disabilities by means of mass media or any other means shall be prohibited.

Article 4 The State shall provide persons with disabilities with special assistance by adopting supplementary methods and supportive measures with a view to alleviating or eliminating the impact of their disabilities and external barriers and ensuring the realization of their rights.

Article 5 People’s governments at and above the county level shall incorporate the work on disability into their economic and social development programs under strengthened leadership and with overall coordination, and shall include expenditure on disability programs in budget arrangements with a view to establishing mechanisms of guaranteed resources.

The State Council shall formulate the national program for the development of work on disability, and local governments at and above the county level shall adopt corresponding programs and annual plans for their respective administrative areas with a view to ensuring that the undertakings for persons with disabilities develop in coordination with economic and social progress.

Competent departments of people’s governments at and above the county level shall be designated to mobilize, coordinate and provide guidance for and supervision over relevant institutions in their work concerning persons with disabilities.

People’s governments at all levels and departments concerned shall keep in close contact with persons with disabilities, solicit their opinions and fulfill their responsibilities in the work on disability.

Article 6 The State shall adopt measures to ensure that persons with disabilities, in accordance with the law and in various ways and manners, participate in the management of state affairs, economic and cultural undertakings and social affairs.

Opinions of persons with disabilities and their organizations shall be solicited in the formulation of laws, rules, regulations and public policies involving major issues concerning their rights and interests and the work on disability.

Persons with disabilities and their organizations have the right to put forward opinions and suggestions to state organs at various levels on the protection of the rights and interests and the development of the work on disability.

Article 7 The whole society should display humanitarianism, understand, respect, care for and assist persons with disabilities and support the work on disability.

The State shall encourage social organizations and individuals to offer donation and service to persons with disabilities.

State organs, social groups, enterprises, institutions and self-management organizations in urban and rural communities should perform their respective functions on disability.

State functionaries and other personnel engaged in the work on disability should fulfill their duties in accordance with law and try their best to provide quality services.

Article 8 China Disabled Persons’ Federation (CDPF) and its local organizations shall represent the common interests of persons with disabilities, protect their lawful rights and interests, unite persons with disabilities and enhance education among them and provide service for them.

The CDPF and its local organizations shall conduct work on disability and mobilize social forces in developing the undertakings for persons with disabilities in accordance with laws, regulations and its constitution or as commissioned by the government.

Article 9 Legal fosterers of persons with disabilities must fulfil their duties towards their charges.

Guardians of persons with disabilities must fulfil their duties of guardianship and respect the will and safeguard the lawful rights and interests of their charges.

Family members and guardians of persons with disabilities shall encourage and help persons with disabilities to enhance their capability of self-reliance.

Domestic violence against persons with disabilities shall be prohibited. Maltreatment and abandoning of persons with disabilities shall be prohibited.

Article 10 The State encourages persons with disabilities to have a sense of self-respect, self-confidence, self-strength and self-reliance, and make contribution to socialist development.

Persons with disabilities should abide by laws and regulations, carry out their due obligations, observe public order and respect social ethics.

Article 11 The State shall undertake, in a planned way, disability prevention, strengthen leadership and publicity in this regard, popularise knowledge of maternal and infant health care as well as disability prevention, establish and improve mechanisms for the prevention, early detection and early treatment of birth defects, and mobilize social forces to take measures in dealing with disability-causing factors such as heredity, diseases, medication, accidents, calamity and environmental pollution, to prevent and alleviate disabilities.

The State shall establish a proper census system to conduct survey and analysis on the conditions of persons with disabilities.

Article 12 The State and society shall provide special protection, consolation and favourable treatment to servicemen and veterans with disabilities and persons disabled in the line of duty or in safeguarding the interests of the country and the people.

Article 13 People’s governments at various levels and departments concerned shall commend and award persons with disabilities who have achieved notable accomplishments in socialist development and those organizations or individuals who have done remarkable deeds in safeguarding the lawful rights and interests of persons with disabilities, promoting the work on disability and providing service for them.

Article 14 The third Sunday of May every year shall be designated as the National Day for Supporting Persons with Disabilities.

Chapter 2 Rehabilitation

Article 15 The State shall ensure that persons with disabilities enjoy rights to rehabilitation services.

People’s governments at all levels and departments concerned shall adopt measures to create conditions for rehabilitation of persons with disabilities, establish and improve the service systems and implement prioritised programs by stages to help persons with disabilities regain normal functions or compensate for lost functions, thus enhancing their ability to participate in social life.

Article 16 Realistic and practical rehabilitation programs shall be worked out to combine modern techniques with traditional Chinese techniques, and shall mostly be community–based with professional institutions playing the leading role and families of persons with disabilities as the basis. Emphasis shall be laid on projects which are practical, easily feasible and widely accessible, and high priority shall be given to salvage treatment and rehabilitation for children with disabilities. Science and technology for rehabilitation shall be developed, independent innovation shall be encouraged and efforts shall also be made in the research, exploration and application of new rehabilitation technologies so as to provide more effective service for persons with disabilities.

Article 17 People’s governments at various levels shall encourage and support social forces in building rehabilitation institutions for persons with disabilities.

Local people’s governments at various levels and departments concerned should organize and guide urban and rural community service networks, medical prevention and health care networks, organizations and families of persons with disabilities and other social forces in carrying out community-based rehabilitation programs.

Educational institutions, welfare agencies and other service organizations for persons with disabilities should create conditions for rehabilitation training activities.

Persons with disabilities under guidance from professionals and with help of relevant staff, volunteers and family members, should actively take part in training programs for functional recovery, and for acquiring self-care ability and work skills.

Article 18 Local People’s governments at various levels and relevant departments shall, in accordance with practical need, establish in a planned way medical rehabilitation departments (sections) in hospitals, set up rehabilitation institutions for persons with disabilities, and provide medical rehabilitation services, offer personnel training and technical guidance, and carry out scientific research.

Article 19 Medical colleges and other relevant schools shall, in a planned way, set up relevant disciplines to offer rehabilitation courses so as to develop different types of rehabilitation specialists.

The government and the society shall provide various forms of technical training to rehabilitation workers; popularize knowledge on rehabilitation among persons with disabilities, their family members, relevant staff and volunteers engaged in this work, and teach them rehabilitation methods.

Article 20 Government departments concerned shall organize and support the research, production, supply and maintenance of rehabilitation equipments and supplementary appliances.

Chapter 3 Education

Article 21 The State shall guarantee the right of persons with disabilities to education.

People’s governments at various levels shall take the education of persons with disabilities as a component of the state educational program, include it into their overall planning, and strengthen leadership and guidance, so as to create conditions for persons with disabilities to receive education.

The government, the society, and schools shall take effective measures to address difficulties faced by children and juveniles with disabilities in schooling, and help them complete compulsory education.

People’s governments at various levels shall provide free textbooks to students with disabilities and those from poor families with disabled parents, and offer them boarding allowances and other aids when they are receiving compulsory education; and as regards these people who are receiving other forms of education, assistance shall be given according to relevant regulations of the State.

Article 22 Education for persons with disabilities shall be developed in terms of both the expansion of access and upgrading of the levels, with more emphasis on the former. Priority shall be given to guaranteeing compulsory education and developing vocational and technical education while efforts shall be made to carry out preschool education and gradually develop education at and above the senior high school level.

Article 23 Education for persons with disabilities shall be based on their physical and psychological features and needs, which should be carried out according to the following principles:

1) Strengthening physical and psychological compensation and vocational and technical training in addition to moral and knowledge teaching;

2) Adopting ordinary or special educational methods according to different types of disabilities and the ability of learning;

3) Allowing appropriate flexibility in determining the curricula, teaching materials and methods and the age requirement for admission and graduation for special education.

Article 24 People’s governments above county level should deploy educational institutions according to the number of persons with disabilities, their allocation, and the type of disabilities, and encourage private donation and participation in the running of schools.

Article 25 Ordinary educational institutions shall be open to students with disabilities who are able to receive ordinary education, and offer them facilitation and help.

Ordinary primary schools and junior high schools must accept children or juveniles with disabilities who are able to adapt themselves to life and study there; ordinary senior high schools, secondary polytechnic schools, and institutions of higher learning must accept students with disabilities who meet the state admission requirements and shall not deny their admission because of their disabilities; in case of such denial, the students concerned, his family members or guardians are entitled to appeal to relevant authorities, and the latter shall instruct the schools concerned to enroll the student.

Ordinary institutions of preschool education shall admit children with disabilities who are able to adapt themselves to the life there.

Article 26 Preschool educational institutions for children with disabilities, classes for children with disabilities attached to ordinary preschool educational institutions, preschool classes of special educational institutions, welfare institutions for children with disabilities and families of these children shall be responsible for preschool education of children with disabilities.

Special schools at or below junior high school level and special classes attached to ordinary schools shall be responsible for the implementation of compulsory education for children and juveniles with disabilities who are not able to respond to ordinary education.

Special schools and special classes attached to ordinary schools at or above senior high school level, as well as institutions of vocational and technical education for persons with disabilities, shall be responsible for providing general curriculum education at or above senior high school level and vocational and technical education for eligible persons with disabilities.

Institutions offering special education should have venues and facilities suitable for the study, rehabilitation and daily life of persons with disabilities.

Article 27 Government departments concerned, employers of persons with disabilities and relevant social organizations shall carry out anti-illiteracy education, vocational training, entrepreneurship training and other forms of adult education for persons with disabilities and encourage them to tap their potential through self-teaching.

Article 28 The State shall systematically set up various forms of normal colleges and disciplines for special education at various levels. Special education classes attached to ordinary normal schools should be established to train and develop teachers for special education. Ordinary normal schools shall offer curricula or lectures on special education so that teachers in ordinary education may have some necessary knowledge about special education.

Teachers of special education and sign language interpreters shall enjoy allowances for special education.

Article 29 Government departments concerned shall organize and support the research and application of Braille and sign language, the compilation and production of teaching materials on special education, and the research, production and supply of teaching apparatus and other auxiliary facilities for special education.

Chapter 4 Employment

Article 30 The State shall protect the right of persons with disabilities to work.

People’s governments at various levels shall formulate overall plans on employment for persons with disabilities and create conditions for their employment.

Article 31 Both concentrated and scattered employment shall be provided to persons with disabilities. Preferential policies as well as protective and supporting measures shall be adopted to gradually create more stable and appropriate employment environment for persons with disabilities through multiple channels, at various levels and in a variety of forms.

Article 32 The governments and the society shall set up welfare enterprises for persons with disabilities, blind massage institutions, and other enterprises and institutions of welfare nature to offer concentrative job opportunities for persons with disabilities.

Article 33 The State shall introduce a quota scheme of employment to provide jobs for persons with disabilities.

Government agencies, social organizations, enterprises, public institutions, and private-run non-enterprise entities shall, in accordance with the quota stipulated in relevant regulations, arrange job opportunities for persons with disabilities, and offer them appropriate work and positions. Those who cannot reach the quota as prescribed in relevant regulations shall fulfill their obligation to guarantee job opportunities for persons with disabilities in accordance with relevant state regulations. The State encourages employers to over fulfill their obligation to employ more persons with disabilities.

The concrete measures on the employment of persons with disabilities shall be formulated by the State Council.

Article 34 The State encourages and supports the efforts of persons with disabilities to find their own jobs or set up their own businesses.

Article 35 Local people’s governments at various levels and community organizations in rural areas shall organize and facilitate persons with disabilities in the rural area to engage in planting, husbandry, handicraft industry and other forms of production.

Article 36 The State shall implement preferential tax treatment, according to law, for enterprises and employers who have fulfilled or over fulfilled their quota obligations to employ workers with disabilities, welfare institutions that has a significant staff of persons with disabilities, and self-employed disabled workers, and shall provide them with assistance in production, management, technology, capital, materials and workplace, etc. The State shall exempt administrative fees for self-employed disabled workers.

Local people’s governments and departments above county level shall identify certain products and businesses suitable for people with disabilities, give priority to welfare enterprises for persons with disabilities to work on such businesses and determine which products are to be produced exclusively by such enterprises on the basis of their special features.

The government in procurement shall give priority to products and services made by welfare enterprises for persons with disabilities, when other conditions are the same.

Local governments at all levels shall create public welfare jobs suitable for persons with disabilities.

Competent authorities shall, in verifying and issuing business licenses, give priority to persons with disabilities who apply for such licenses for self-employment.

Departments concerned shall provide assistance for persons with disabilities engaged in various kinds of labor in rural areas by ways of production services, technical guidance, supply of farm materials, purchasing and marketing of farm and sideline products and credit issuance.

Article 37 Public employment service institutions set up by relevant governmental departments shall provide free employment services to persons with disabilities.

Employment service institutions set up by disabled persons’ federations shall organize free vocational guidance, introduction and training, so as to provide help to persons with disabilities and potential employers.

Article 38 The State shall protect the property ownership and the independent decision-making right of welfare enterprises and institutions for persons with disabilities, whose lawful rights and interests shall not be violated.

No discrimination shall be practiced against persons with disabilities in recruitment, employment, obtainment of permanent status, promotion, determining technical or professional titles, payment, welfare, holidays and vacations, social insurance or in other aspects.

Enterprises and institutions where persons with disabilities work shall provide appropriate working conditions and labor protection based on the characteristics of disabled workers, and shall make renovations where necessary on workplaces, work equipments and life facilities in light of their actual needs.

The State shall take measures to protect the lawful rights and interests of visually impaired persons working in therapeutical or health care massage businesses.

Article 39 Enterprises and institutions where persons with disabilities work shall provide in-service technical training for disabled employees with a view to upgrading their skills and expertise.

Article 40 No organization or individual shall force persons with disabilities to work through violence, threat or illegal restriction of personal freedom.

Chapter 5 Cultural Life

Article 41 The State shall protect the equal right of persons with disabilities to participate in cultural life.

People’s governments at all levels and departments concerned shall encourage and assist persons with disabilities to participate in various forms of cultural, sports and recreational activities and shall create conditions to enrich the spiritual and cultural life of persons with disabilities.

Article 42 Cultural, sports and recreational activities for persons with disabilities should be based on communities, integrated into public cultural life and geared to the different characteristics and needs of different categories of persons with disabilities with a view to bringing about extensive participation.

Article 43 The government and society shall adopt the following measures to enrich the spiritual and cultural life of persons with disabilities:

1) Reflect the life of persons with disabilities through radio, film, television, press, books, the Internet and other media in the interests of persons with disabilities.

2) Organize and support the compilation, writing and publication of Braille books, audio books and other reading materials for the visually impaired and other persons with disabilities; establish special section of Braille books and audio books for visually impaired persons in public libraries.

3) Offer TV programs in sign language, set up radio programs specially designed for persons with disabilities and add subtitles or narrations to more TV programs and movies.

4) Organize and support persons with disabilities for mass cultural, sports and recreational activities, stage special art performances, hold sports games for persons with disabilities and participate in major international contests and interactions.

5) Provide facilities and accommodations for persons with disabilities at places of cultural, sports, recreational and other public activities and set up in a planned way activity centers for persons with disabilities.

Article 44 The government and society shall encourage and assist persons with disabilities to engage in literature, art, education, science, technology and other creative work beneficial to the people.

Article 45 The government and society shall promote mutual understanding and exchanges between persons with disabilities and their fellow-citizens, publicize the work on disability and deeds of assisting persons with disabilities, advocate self-accomplishment among people with disabilities, and foster a social environment of unity, friendship and mutual help.

Chapter 6 Social Security

Article 46 The State shall protect the right of persons with disabilities to various social security means.

The government and society shall take measures to improve the social security network for persons with disabilities, secure and improve the life of persons with disabilities.

Article 47 Persons with disabilities and their employer units shall sign up for social insurance in accordance with relevant state regulations.

Mass self-governing bodies at the primary level both in urban and rural areas as well as families of persons with disabilities shall encourage and assist persons with disabilities to sign up for social insurance.

For those persons with disabilities with financial difficulties, social insurance subsidies shall be granted according to relevant state regulations.

Article 48 People’s governments at various levels shall provide relief subsidies for basic-living such as education and housing through various channels for persons with disabilities with financial difficulties.

Local people’s governments above county level shall take other measures to secure the life of families of persons with disabilities who still have great financial difficulties after being guaranteed minimum living allowances.

People’s governments at various levels shall provide relief and subsidy according to regulations for the basic medical care, rehabilitation services and installment and replacement of necessary assistive devices.

Local governments at various levels shall provide nursing subsidies where appropriate for persons with disabilities who cannot take care of themselves in everyday life.

Article 49 Local people’s government at various levels shall provide for, in accordance with relevant regulations, persons with disabilities who have no working capabilities, no legal fosterers or financial resources or whose fosters are incapable to provide for them.

The State shall encourage and facilitate non-governmental forces to establish welfare homes and fostering institutions for persons with disabilities.

Welfare homes and fostering institutions for persons with disabilities and their staff shall not insult, abuse or desert persons with disabilities.

Article 50 People’s governments above county level shall provide convenience and preferential treatment for persons with disabilities where appropriate in taking public transport vehicles. Persons with disabilities shall be permitted to carry on board their indispensable equipment free of charge.

Blind persons shall be able to take public transport such as bus, tram, subway, ferry free of charge with valid certificate. Mailing and delivery of publications for blind persons shall be free of charge.

The State shall encourage and assist telecommunication, radio and TV service providers to provide preferential treatment for persons with visual, or hearing, or speech disabilities.

People’s government at various levels shall gradually increase other types of care and support for persons with disabilities.

Article 51 Government departments concerned and organizations of persons with disabilities shall open and improve channels for citizens to provide donation and service for persons with disabilities, encourage and assist the development of philanthropic undertakings for persons with disabilities, as well as public welfare activities such as volunteer programs to help persons with disabilities.

Chapter 7 Accessible Environment

Article 52 The State and society shall take measures to make facilities more accessible and to eliminate barriers in information communications so as to provide an accessible environment for persons with disabilities to participate in social life on an equal basis with others.

People’s governments at various levels shall conduct overall planning and coordination and strengthen supervision and management for the building of an accessible environment.

Article 53 Construction and renovation of accessible facilities shall cater for the real needs of persons with disabilities.

Newly-built, renovated or expanded buildings as well as roads and transport facilities shall meet the state engineering codes relating to accessible facilities.

In line with state regulations relating to accessible facilities, people’s governments at various levels and competent authorities shall gradually renovate existent facilities, especially public service facilities closely related to the daily work and life of persons with disabilities.

Accessible facilities shall be kept maintained and protected.

Article 54 The State shall take measures to create conditions to eliminate barriers in information communications for persons with disabilities.

People’s governments at various levels and competent authorities shall take measures to facilitate access to public information for persons with disabilities.

The State and society shall research and develop technologies and products of information communications for persons with disabilities.

For school entrance exams, career qualification exams and placement exams which persons with visual disabilities take part in, Braille or electronic exam paper or assistance from specialized staff shall be available.

Article 55 In public service institutions and public places, information in voice notice, text signs, sign language, or Braille as well as prioritized service and auxiliary aid shall be made available to persons with disabilities.

Public transport facilities shall gradually meet accessibility requirements. Public parking lots shall devote certain parking space, wherever possible, for the use of persons with disabilities.

Article 56 Competent departments in charge of the organization of elections shall facilitate persons with disabilities to vote in elections. Braille ballots shall be available wherever possible.

Article 57 The State shall encourage and support the research and development of accessible auxiliary equipment and transport facilities.

Article 58 Persons with visual disabilities shall comply with relevant state regulations when entering public places with guide dogs.

Chapter 8 Legal Liabilities

Article 59 Where the lawful rights and interests of persons with disabilities are violated, the offended shall have the right to launch complaints to organizations of persons with disabilities. The organizations shall safeguard the lawful rights and interests of persons with disabilities and have the right to ask competent departments for investigation and action. The competent departments shall make such investigation and action and offer a reply.

Organizations of persons with disabilities shall provide support to persons with disabilities who need help in resorting to litigation for rights protection.

Where the interests of a certain group of persons with disabilities are violated, organizations of persons with disabilities shall have the right to ask competent departments to make investigations and hold the offenders accountable.

Article 60 Where the lawful rights and interests of persons with disabilities are violated, the offended shall have the right to ask competent departments to deal with the case in accordance with law, or submit application to arbitration institutions, or appeal to people’s courts in conformity with law.

For persons with disabilities who need legal aid or judicial assistance due to financial difficulties or other reasons, local legal aid institutions or people’s courts shall provide legal aid or judicial assistance in accordance with law.

Article 61 Whoever, in violation of this law, rejects, delays or holds back the complaint, appeal or report relating to the violation of the rights and interests of persons with disabilities, or retaliates against the one who launches the complaint, appeal or report, shall be ordered to rectify his wrong doing by the organization to which he belongs or higher level authorities. Disciplinary measures shall be taken against the people in charge and others directly responsible.

Where, not in compliance with his public duties, a civil servant fails to stop actions which violate the rights and interests of persons with disabilities or fail to offer necessary help to the harmed, which leads to serious consequences, the organization to which he belongs to or higher level authorities shall take disciplinary measures against the people in charge or others directly responsible.

Article 62 Where, in violation of this law, the dignity of persons with disabilities is degraded or undermined through mass media or other means, competent authorities in charge of culture, radio, film, television, publication and the press or others shall have the matter redressed based on their respective mandate and give administrative penalties in accordance with law.

Article 63 Where, in violation of this law, educational institutions refuse to admit students with disabilities or use additional conditions not defined by the State to limit the entrance of students with disabilities, competent authorities shall have the matter redressed and take disciplinary measures against the people in charge or others directly responsible.

Article 64 Where, in violation of this law, discrimination against persons with disabilities occurs in recruitment for work, competent authorities shall have the matter redressed. Victim workers with disabilities shall have the right to appeal to peoples’ court.

Article 65 Where, in violation of this law, staff in welfare or fostering institutions of persons with disabilities insult, maltreat, or abandon persons with disabilities, disciplinary measures shall be taken against people in charge or others directly responsible. Administrative penalties shall be given if the behavior runs counter to public security management.

Article 66 Where, in violation of this law, newly built, renovated or expanded buildings as well as roads and transport facilities fail to meet the state engineering standards relating to accessible facilities, or the accessible facilities are not timely maintained or protected, which leads to serious consequences, competent authorities shall deal with the case in accordance with law.

Article 67 Whoever, in violation of this law, violates the lawful rights and interests of persons with disabilities shall, if other laws or regulations exist, be given administrative penalties as defined in those other laws and regulations; or shoulder civil responsibilities if loss of property or other harms is incurred; or shoulder criminal responsibilities in accordance with law if a crime is committed.

Chapter 9 Supplementary Provision

Article 68 This law shall enter into force as of July 1st, 2008.

 

Education Law of the People’s Republic of China

(Adopted at the third session of the Eighth National People’s Congress on March 18th, 1995)
Chapter I General Provisions

Chapter II Basic System of Education

Chapter III Schools and Other Institutions of Education

Chapter IV Teachers and Other Educators

Chapter V Educatees

Chapter VI Education and Society

Chapter VII Educational Input and Guarantee of Conditions

Chapter VIII Foreign Exchange and Cooperation in Education

Chapter IX Legal Responsibility

Chapter X Supplementary Provisions

Chapter I: General Provisions

Article 1 This Law is enacted in accordance with the Constitution with a view to developing the cause of education, enhancing the quality of the entire nation and promoting the socialist material as well as cultural and ethical progress.

Article 2 This Law shall be applicable to education of all types and at all levels offered within the territory of the People’s Republic of China.

Article 3 In developing the cause of socialist education, the State adheres to taking Marxism, Leninism, Mao Zedong Thought and the theory of building socialism with Chinese characteristics as its guidelines and follows the basic principles defined in the Constitution.

Article 4 Education is the basis of the socialist modernization drive, and the State ensures priority to the development of educational undertakings.

The entire society should show concern for and give support to the development of educational undertakings.

The entire society should respect teachers.

Article 5 Education must serve the socialist modernization drive and must be combined with production and physical labour in order to train for the socialist cause builders and successors who are developed in an all-round way-morally, intellectually and physically.

Article 6 The State conducts education among educatees in patriotism, collectivism, socialism as well as in the importance of ideals, ethics, discipline, the legal system, national defense and national unity.

Article 7 In education the brilliant historic and cultural tradition of the Chinese nation shall be inherited and carried forward and all other excellent achievements of human civilization shall be absorbed.

Article 8 Educational activities shall conform to the State and public interests.

The State separates education from religion. No organization or individual may make use of religion to conduct activities that interfere with the educational system of the State.

Article 9 Citizens of the People’s Republic of China shall have the right and obligation to receive education.

All citizens, regardless of ethnic group, race, sex, occupation, property status or religious belief, shall enjoy equal opportunities for education according to law.

Article 10 The State, in light of the characteristics and needs of the different minority ethnic groups, provides assistance to the development of educational undertakings in regions inhabited by the minority ethnic groups.

The State supports and assists the development of educational undertakings in the outlying and poverty-stricken areas.

The State supports and develops educational undertakings for the disabled.

Article 11 To meet the needs of developing a socialist market economy and promoting social progress, the State carries forward educational reform, fosters a coordinated development of education at various levels and of various types, and establishes and improves a system of life-long education.

The State supports, encourages and organizes scientific research in education, disseminate the results of scientific research in education so as to enhance the quality of education.

Article 12 The spoken and written Chinese language shall be the basic spoken and written language in teaching in schools and other institutions of education. In schools and other institutions of education in which students of a minority ethnic group constitute the majority, the spoken and written language used by the specific ethnic group or commonly used by the local ethnic groups may be used for instruction.

Putonghua (common speech based on Beijing pronunciation) and the standardized characters designed for use throughout the country shall be widely used in instruction in schools and other institutions of education.

Article 13 The State awards units or individuals that have made outstanding achievements in the development of education.

Article 14 The State Council and the local people’s governments at various levels shall guide and administer educational work under the principles of administration by different levels and of a division of responsibilities.

Secondary education and education at lower levels shall be administered by the local people’s governments under the guidance of the State Council.

Higher education shall be administered by the State Council, and/or the people’s governments of provinces, autonomous regions, or municipalities directly under the Central Government.

Article 15 The administrative department of education under the State Council shall be in charge of the nationwide educational work, and undertake overall planning, coordination and management of the educational undertakings throughout the country.

The administrative departments of education under the people’s governments at or above the county level shall be in charge of the educational work in their respective administrative regions.

Other departments concerned under the people’s governments at or above the county level shall be responsible for the related educational work within the scope of their functions and duties.

Article 16 The State Council and the local people’s governments at or above the county level shall report to the people’s congresses at the corresponding levels or their standing committees on the work of education and on the budgets and final accounts of the operating expenses for education, which shall be subject to supervision.

Chapter II: Basic System of Education

Article 17 The State applies a school education system embracing pre-school education, primary education, secondary education and higher education.

The State establishes a scientific schooling system. The establishment, forms of instruction, length of schooling, enrollment targets, objectives of training, etc. of schools and other institutions of education governed by the schooling system shall be prescribed by the State Council or the administrative department of education empowered by the State Council.

Article 18 The State applies a system of nine-year compulsory education.

People’s governments at all levels shall take various measures to guarantee school-age children and adolescents access to education.

Parents or other guardians of school-age children and adolescents as well as social organizations and individuals concerned shall have the obligation to ensure that school-age children and adolescents receive and complete compulsory education for the prescribed number of years.

Article 19 The State applies a system of vocational education and a system of adult education.

People’s governments at various levels, the administrative departments concerned and enterprises and institutions shall adopt measures to develop educational programs and guarantee that citizens receive education in vocational schools or different types of vocational training.

The State encourages the development of varied forms of adult education so that citizens may receive appropriate education in politics, economics, culture, science and technology and professional or life-long education.

Article 20 The State applies a national education examination system.

The administrative department of education under the State Council shall determine the types of national education examination which shall be undertaken by the institutions that conduct such education examination as approved by the State.

Article 21 The State applies a system of education certificates.

Schools and other institutions of education established with the approval of or recognized by the State shall, in accordance with the relevant regulations of the State, grant educational qualification certificates or other education certificates.

Article 22 The State applies a system of academic degree.

Institutions entitled to grant academic degrees shall grant to persons who have attained the required academic or professional or technical level corresponding academic degrees and issue to them degree certificates in accordance with law.

Article 23 People’s governments at various levels, grass-roots autonomous organizations of a mass character and enterprises and institutions shall take all kinds of measures to carry out literacy education program.

Citizens capable of receiving literacy education according to relevant regulations of the State shall receive literacy education.

Article 24 The State applies an educational supervision system and an educational evaluation system for schools and other institutions of education.

Chapter III: Schools and Other Institutions of Education

Article 25 The State formulates plans for the development of education and establishes and runs schools and other institutions of education.

The State encourages enterprises, institutions, public organizations and other social organizations, as well as individual citizens to establish and run schools or other institutions of education in accordance with law.

No organization or individual may establish or run a school or any other institution of education for profit-making purposes.

Article 26 For the establishment of a school or any other institution of education, the following basic conditions shall be fulfilled:

(1) having an organizational structure and rules and regulations;

(2) having qualified teachers;

(3) having teaching premises, facilities and equipment that are up to the required standards; and

(4) having the necessary funds for running the school as well as a stable source of funding.

Article 27 The establishment, modification or termination of a school or any other institution of education shall, in accordance with the relevant regulations of the State, go through the formalities of examination, verification, approval and registration or filing for the record.

Article 28 Schools and other institutions of education shall exercise the following rights:

(1) to administer school affairs independently in accordance with their rules and regulations;

(2) to organize and conduct educational and teaching activities;

(3) to enroll students or other educatees;

(4) to manage school roll and grant awards to or take disciplinary measures against educatees;

(5) to grant to educatees appropriate education certificates;

(6) to recruit teachers, other staff and workers and grant awards to or take disciplinary measures against them;

(7) to manage and use the facilities and financial resources of their own;

(8) to brook no unlawful interference in their educational and teaching activities by any organization or individual; and

(9) other rights prescribed by laws and regulations.

The State protects the lawful rights and interests of schools and other institutions of education from infringement.

Article 29 Schools and other institutions of education shall fulfill the following obligations:

(1) to observe laws and regulations;

(2) to implement the State’s educational policies, apply the standards set by the State for education and teaching and guarantee the quality of education and teaching;

(3) to safeguard the lawful rights and interests of the educatees, teachers and other staff and workers;

(4) to provide convenience in appropriate ways for educatees and their guardians to have access to the educatees’ academic performance and other relevant information;

(5) to collect fees according to the regulations of the State and publicize the individual items of such fees; and

(6) to be subjected to supervision according to law.

Article 30 Organizations or individuals that establish and run schools or other institutions of education may, in accordance with the relevant regulations of the State, determine the management system for the schools or other institutions of education that they establish and run.

The president or the leading administrator of a school or any other institution of education shall be a citizen of the nationality of the People’s Republic of China, who has settled down within the territory of China and meets the qualifications for the post prescribed by the State, and he or she shall be appointed or removed in accordance with the relevant regulations of the State. The president of a school shall be in charge of the school’s teaching and administration.

Schools and other institutions of education shall, in accordance with the relevant regulations of the State guarantee that teachers, staff members and workers participate in the democratic management and supervision through the congress of teachers, staff members and workers with teachers as its main body, or through other forms.

Article 31 A school or any other institution of education that meets the requirements for a legal person shall acquire the status of a legal person from the date on which its establishment is approved or it is registered.

A school or any other institution of education shall, in civil activities, enjoy civil rights and bear civil liabilities according to law.

The State assets in a school or any other institution of education shall be owned by the State.

Factories run by schools or other institutions of education shall bear civil liabilities independently.

Chapter IV: Teachers and Other Educators

Article 32 Teachers shall enjoy the rights prescribed by law, fulfill the obligations prescribed by law and devote themselves to the people’s cause of education.

Article 33 The State protects the lawful rights and interests of teachers, improves their working and living conditions and enhances their social status.

Salaries and welfare benefits for teachers shall be handled according to the provisions of laws and regulations.

Article 34 The State applies a system of qualifications, posts and appointment for teachers, enhances the quality of teachers and build a strong contingent of teachers by means of examination, awards and training.

Article 35 A system of educational administrators shall be applied for administrative personnel of schools and other institutions of education.

A system of appointment for professional or technical post shall be applied for auxiliary teaching staff and other professional or technical personnel in schools and other institutions of education.

Chapter V: Educatees

Article 36 Educatees shall according to law enjoy equal rights in enrollment, admission to schools of a higher level, employment, etc.

Schools and administrative departments concerned shall, in accordance with relevant regulations of the State, ensure that females enjoy equal rights with males in enrollment, admission to schools of a higher level, employment, conferment of academic degrees, dispatch for study abroad, etc.

Article 37 The State and society provide financial assistance of various forms to children, adolescents and youths who meet the conditions for school admission but whose families have financial difficulties.

Article 38 The State, society, schools and other institutions of education shall carry out education for the disabled in light of their physical and mental conditions and needs and provide them with assistance and convenience.

Article 39 The State, society, families, schools and other institutions of education shall create conditions for adolescent delinquents to receive education.

Article 40 Employees shall have the right and obligation to receive vocational training and continuing education according to law.

State organs, enterprises and institutions as well as other social organizations shall create conditions and provide convenience for their staff and workers to study and receive training.

Article 41 The State encourages schools and other institutions of education as well as social organizations to take measures to create conditions for citizens to receive life-long education.

Article 42 Educatees shall enjoy the following rights:

(1) to participate in various activities arranged according to educational or teaching programs and use educational or teaching facilities, equipment and books and materials;

(2) to receive scholarships, student loans or subsidies in accordance with the relevant regulations of the State;

(3) to receive a fair evaluation of his or her academic performance and moral character, and receive an education certificate or academic degree certificate, as appropriate, upon completion of the required programs;

(4) to lodge a complaint with the competent department if he or she refuses to accept punishment imposed by the school, and to lodge a complaint or bring a lawsuit, in accordance with law, against an infringement upon his or her right of the person or property or other lawful rights and interests by the school authorities or teachers; and

(5) other rights as stipulated by law or regulations.

Article 43 Educatees shall fulfill the following obligations:

(1) to observe law and regulations;

(2) to observe norms of conduct for students, respect teachers and develop sound ideology, moral character and habits of conduct;

(3) to work hard in their studies and complete the assigned tasks of study; and

(4) to adhere to the management system of the school or any other institution of education they attend.

Article 44 Administrative departments of education, sports and public health, and schools or other institutions of education shall improve sports and health care facilities to ensure students good health both in body and in mind.

Chapter VI: Education and Society

Article 45 State organs, units of the army, enterprises, institutions, public organizations, other social organizations and individuals shall, in accordance with law, create a good social environment for children, adolescents and students so that they may grow up healthy both physically and mentally.

Article 46 The State encourages enterprises, institutions, public organizations and other social organizations to cooperate in various forms with institutions of higher learning and secondary vocational schools in teaching, scientific research, and technological development and popularization.

Enterprises, institutions, public organizations, other social organizations and individuals may, in appropriate ways, support the development of schools and participate in their management.

Article 47 State organs, units of the army, enterprises, institutions and other social organizations shall provide assistance and convenience for students’ internships and social practices arranged by schools.

Article 48 Schools and other institutions of education shall take an active part in local public welfare activities, provided that this does not affect their normal educational and teaching activities.

Article 49 Parents or other guardians of minors shall provide the necessary conditions for their minor children or other minors under their guardianship to receive education.

Parents or other guardians of minors shall coordinate with schools or other institutions of education in educating their minor children or other minors under their guardianship.

Schools and teachers may furnish parents of students with guidance for family education.

Article 50 Libraries, museums, science and technology centers, cultural centers, art galleries, stadiums (gymnasiums) and other public cultural and sports facilities as well as places of historic and cultural interest and revolutionary memorial halls (sites) shall give preferential treatment to teachers and students and provide convenience for educatees to receive education.

Radio and television stations (centers) shall offer educational programs designed to help enhance the ideology and moral character and cultural, scientific and technological qualities of educatees.

Article 51 The State and society shall establish and develop educational facilities for minors to receive after-school education.

Schools and other institutions of education shall coordinate with grass-roots autonomous organizations of a mass character, enterprises, institutions and public organizations to strengthen after-school education for minors.

Article 52 The State encourages public organizations, social and cultural institutions, other social organizations and individuals to offer social, cultural and educational activities that are conducive to the sound development in body and mind of educatees.

Chapter VII: Educational Input and Guarantee of Conditions

Article 53 The State practices a system wherein government appropriations constitute the main body of the educational appropriations, supplemented by funds raised from a variety of other sources, and the State gradually increases its educational input so as to ensure a stable source of educational appropriations for State-run schools.

With respect to schools and other institutions of education established and run by enterprises, institutions, public organizations, other social organizations or individuals, their operating expenses shall be raised by the respective sponsors; the people’s governments at various levels may provide them with appropriate support.

Article 54 The proportion of educational appropriations in gross national product allocated by the State shall gradually rise, as the national economy develops and the financial revenue increases. The specific proportion and measures for its implementation shall be prescribed by the State Council.

The proportion of educational appropriations allocated by governments at various levels shall gradually rise along with the development of the national economy.

Article 55 The educational appropriations of the people’s governments at various levels shall be listed separately in their fiscal budgets in accordance with the principle of their unified authority over the administrative affairs and the financial affairs.

The people’s governments at various levels shall see to it that their appropriations for education shall increase at a faster rate than their regular revenues, that the average expenditure on per enrolled student shall increase steadily and that the teachers’ salaries and the average public expenditure per student shall increase steadily.

Article 56 The State Council and the people’s governments at or above the county level shall set up a special fund for education to be used mainly for assisting outlying and poverty-stricken areas and areas inhabited by minority ethnic groups in enforcing compulsory education there.

Article 57 Taxation authorities shall collect in full the extra charges of education funds, all of which shall be controlled by the administrative departments of education and used mainly for the enforcement of compulsory education.

Pursuant to the relevant regulations of the State Council, the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government may decide to levy local extra charges for educational purpose, which shall be used exclusively for education.

The people’s governments at the township level shall make arrangements for the collection of the extra charges of education funds incorporated in the overall planning of rural townships, which shall be administered by the administrative departments of education at the county level on behalf of the rural townships or by the people’s governments of townships and shall be used for educational undertakings at the township and village levels of their respective townships. The specific proportion of the extra charges of education funds incorporated in the overall planning of rural townships and the specific measures for the administration thereof shall be prescribed by the people’s governments of provinces, autonomous regions, or municipalities directly under the Central Government.

(Note: According to the Decision of the Standing Committee of the National People’s Congress on Revising Certain Laws promulgated by the Standing Committee of the National People’s Congress on August 27, 2009, Paragraph 3 of herein is repealed.)

Article 58 The State adopts preferential measures to encourage and help schools to launch work-study programs, to provide services for the community and to set up school factories, on condition that this shall not affect the normal education and teaching.

Article 59 With the approval of the people’s governments at the county level, people’s governments of townships, nationality townships or towns may, on the basis of voluntariness and according to their own capability, raise funds in their own administrative areas for education. Funds thus raised shall be used for renovation and repairs of dilapidated buildings and construction of new buildings for schools providing compulsory education; such funds shall not be diverted to any other purposes.

(Note: According to the Decision of the Standing Committee of the National People’s Congress on Revising Certain Lawspromulgated by the Standing Committee of the National People’s Congress on August 27, 2009, this article is repealed.)

Article 60 The State encourages social organizations and individuals both at home and abroad to donate money for education in China.

Article 61 Educational appropriations from the State and contributions and donations offered by social organizations or individuals for education shall be used for education; they shall not be diverted to any other purposes or withheld.

Article 62 The State encourages the use of loans and other financial means to support the development of educational undertakings.

Article 63 People’s governments at various levels and their administrative departments of education shall strengthen supervision and control over educational appropriations for schools and other institutions of education in order to achieve better results of investment in education.

Article 64 Local people’s governments at various levels and their relevant administrative departments shall incorporate capital construction for schools into rural and urban construction plans, make overall arrangements for the land and materials needed for capital construction for schools, and give priority to and adopt preferential policies towards such capital construction in accordance with the relevant regulations of the State.

Article 65 People’s governments at various levels shall, in accordance with the relevant regulations of the State, give priority and adopt preferential policies with regard to the publication and distribution of textbooks and other printed materials for teaching and learning purposes, the production and supply of teaching and learning instruments and equipment, and the importation of books and other printed materials, teaching and learning instruments and equipment for education and scientific research.

Article 66 People’s governments at or above the county level shall develop satellite television education and other modern means for teaching and learning, and the administrative departments concerned shall give such development priority and support.

The State encourages the wide use of modern means in teaching and learning by schools and other institutions of education.

Chapter VIII: Foreign Exchange and Cooperation in Education

Article 67 The State encourages foreign exchange and cooperation in education.

In conducting foreign exchange and co-operation in education, the principles of independence, equality, mutual benefit and mutual respect shall be adhered to, the laws of the People’s Republic of China shall not be violated, and the State sovereignty and security and public interests shall not be harmed.

Article 68 To go abroad for study, research, academic exchange or teaching purposes by Chinese citizens within the territory of China shall be handled according to the relevant regulations of the State.

Article 69 Individuals outside the territory of China, who meet the requirements of the State and complete the relevant formalities, may enter China to study, do research, engage in academic exchange or teach in schools or other institutions of education. Their lawful rights and interests shall be protected by the State.

Article 70 Recognition of the academic degree certificates, educational qualification certificates and other types of education certificates issued by institutions of education outside the territory of China shall be governed by the international treaties to which China is a signatory party or has acceded, or by the relevant regulations of the State.

Chapter IX: Legal Responsibility

Article 71 Where, in violation of the relevant regulations of the State, educational appropriations are not examined and allocated as specified in the budget, the people’s government at the corresponding level shall set a time limit for such examination and allocation; if the case is serious, leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law.

Where, in violation of the State’s fiscal system or financial system, educational appropriations are diverted to other purposes or withheld, the organ at a higher level shall order the return, within a time limit, of the part of the appropriations that is diverted to other purposes or withheld and shall impose, in accordance with law, administrative sanctions on the leading persons directly in charge and other persons directly responsible for it; if the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 72 If anyone engages in gang-fighting or stirs up quarrels, thus disrupting educational or teaching order of schools or other institutions of education, or destroys school buildings, sites or other property, he shall be given administrative penalties for public security by public security organs; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

If anyone illegally occupies school buildings, sites or other property, he shall bear civil liabilities according to law.

Article 73 If anyone knowingly fails to take measures with regard to the school buildings or educational or teaching facilities that are dangerous, thus causing human casualties or heavy losses of property, the leading persons directly in charge and other persons directly responsible for it shall be investigated for criminal responsibility according to law.

Article 74 If anyone, in violation of the relevant regulations of the State, collects fees from a school or any other institution of education, he shall be ordered by the government concerned to return the fees thus collected; the leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law.

Article 75 If anyone, in violation of the relevant regulations of the State, establishes schools or other institutions of education, such schools or institutions shall be dissolved by the administrative department of education; the unlawful gains, if any, shall be confiscated; the leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law.

Article 76 If anyone, in violation of the relevant regulations of the State, enrolls students or other trainees, he shall be ordered by the administrative department of education to send back such students or trainees and to return the fees thus collected; the leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law.

Article 77 If anyone practices favoritism or other irregularities in enrolling students or other trainees, he shall be ordered by the relevant administrative department of education to dismiss the students or trainees; the leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

Article 78 Where schools or other institutions of education, in violation of the relevant regulations of the State, collect fees from educatees, such schools or institutions shall be ordered by the relevant administrative department of education to return the fees thus collected; the leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law.

Article 79 If cheating on a national education examination is found, the relevant administrative department of education shall nullify the examination, and shall, in accordance with law, impose administrative sanctions on the leading persons directly in charge and other persons directly responsible for it.

A national education examination that is held illegally shall be nullified by the relevant administrative department of education; the unlawful gains, if any, shall be confiscated; the leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law.

Article 80 The relevant administrative department of education shall nullify the academic degree certificates, educational qualification certificates or other education certificates that are issued in violation of the provisions of this Law, and shall order their return or confiscation; the unlawful gains, if any, shall be confiscated; if the case is serious, the institution concerned shall be disqualified for conferring the certificates.

Article 81 If anyone, in violation of the provisions of this Law, infringes upon the lawful rights and interests of teachers, educatees or schools or other institutions of education, thus causing losses or damage, he shall bear civil liabilities according to law.

Chapter X: Supplementary Provisions

Article 82 Regulations on education in military schools shall be formulated by the Central Military Commission in accordance with the principles of this Law.

Regulations on education in religious schools shall be formulated by the State Council separately.

Article 83 Measures governing the establishment of schools within the territory of China by organizations or individuals outside China or through their cooperation with organizations or individuals inside China shall be formulated by the State Council.

Article 84 This Law shall go into effect as of September 1, 1995.

Compulsory Education Law of the People’s Republic of China

(Amended and adopted at the 22nd meeting of the Standing Committee of the Tenth National People’s Congress on June 29th, 2006)
Chapter 1 General Provisions

Chapter 2 Students

Chapter 3 Schools

Chapter 4 Teachers

Chapter 5 Instruction and Teaching

Chapter 6 Guarantee of Funds

Chapter 7 Legal Responsibility

Chapter 8 Supplementary Provisions

Chapter 1: General Provisions

Article 1 This Law is enacted in accordance with the Constitution and the Education Law, for the purpose of ensuring the right of school-age children and adolescents to compulsory education, guaranteeing provision of compulsory education and improving the qualities of the entire nation.

Article 2 The State implements a system of nine-year compulsory education.

Compulsory education means education which is uniformly provided by the State and which all the school-age children and adolescents must receive, and constitutes a public welfare undertaking which must be guaranteed by the State.

No tuition or miscellaneous fees shall be charged for provision of compulsory education.

The State establishes a mechanism for guaranteeing funds for compulsory education, to ensure implementation of the system of compulsory education.

Article 3 In compulsory education, the State policy on education shall be implemented by providing qualities-oriented education, to improve the quality of instruction, with a view to enabling school-age children and adolescents to achieve all-round development — morally, intellectually and physically, so as to lay the foundation for bringing up well-educated and self-disciplined builders and successors of socialism imbued with lofty ideals and moral integrity.

Article 4 All school-age children and adolescents of the nationality of the People’s Republic of China shall, in accordance with law, enjoy the equal right, and fulfil the obligation, to receive compulsory education, regardless of sex, ethnic status or race, family financial conditions, religious belief, etc.

Article 5 People’s governments at various levels and their departments concerned shall perform the duties provided for in this Law, to ensure the right of school-age children and adolescents to compulsory education.

Parents of school-age children and adolescents or other statutory guardians shall, in accordance with law, guarantee that they start school at the specified age and receive and complete compulsory education.

Schools providing compulsory education according to law shall accomplish the tasks of instruction and teaching in compliance with the prescribed standards and guarantee the quality of instruction and teaching.

Public organizations and individuals shall create a good environment for school-age children and adolescents to receive compulsory education.

Article 6 The State Council and the local people’s governments at or above the county level shall rationally allocate educational resources, promote balanced development of compulsory education, help the schools started on weak foundations to improve the conditions for school running, and adopt measures to ensure that compulsory education is provided in rural areas and in areas inhabited by ethnic groups and that the school-age children and adolescents who are from families with financial difficulties or who are disabled receive compulsory education.

The State arranges for and encourages the economically developed areas to support the underdeveloped areas in providing compulsory education.

Article 7 In compulsory education, the system shall be practiced under which the State Council shall provide guidance, the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall make overall plans for its provision and the people’s governments at the county level shall play the main role in administration.

The administrative departments for education of the people’s governments at or above the county level shall be responsible specifically for the provision compulsory education, and the other administrative departments concerned of the said people’s governments shall be responsible for the provision of such education within the scope of their respective duties.

Article 8 The authorities of the people’s governments for educational supervision shall oversee the observation of laws and regulations in compulsory education, the quality of instruction and teaching and the balanced development of compulsory education, and announce their reports on supervision.

Article 9 All public organizations and individuals shall have the right to inform the State organs concerned of violations of this Law or lodge complaints against such violations with the said organs.

Where a major event in violation of this Law occurs, which impedes provision of compulsory education, thus exerting a great impact on the society, the leading person of the people’s government concerned or of the administrative department for education of the people’s government shall admit his mistake and resign.

Article 10 Public organizations and individuals that make outstanding contribution to provision of compulsory education shall be commended and rewarded by the people’s governments at different levels and the related departments in accordance with relevant regulations.

Chapter 2: Students

Article 11 When children have reached the age of six, their parents or other statutory guardians shall send them to school to receive and complete compulsory education. For children in areas where conditions do not exist for children to do so, the beginning of their schooling may be postponed to the age of seven.

If, on account of physical conditions, school-age children or adolescents need to postpone schooling or be suspended from school, their parents or other statutory guardians shall submit an application to such an effect for approval to the local people’s governments of the towns or townships or to the administrative departments for education of the people’s governments at the county level.

Article 12 School-age children and adolescents shall be exempted from the entrance examinations. The local people’s governments at various levels shall ensure that school-age children and adolescents enroll in school near the places where their residence is registered.

For school-age children and adolescents whose parents or other statutory guardians work or reside in places other than the places of their registered residence and who have to receive compulsory education in the places where their parents or other statutory guardians work or reside, the local people’s governments shall provide equal conditions for them to receive compulsory education. The specific measures in this regard shall be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.

The administrative department for education of the people’s government at the county level shall ensure that the children of servicemen within its administrative area receive compulsory education.

Article 13 The administrative departments for education of the people’s governments at or above the county level and the people’s governments of towns or townships shall arrange for and urge school-age children and adolescents to enroll in school, help solve their difficulties in receiving compulsory education, and adopt measures to prevent them from dropping out of school.

The residents’ committees and villagers’ committees shall assist the governments in successfully urging school-age children and adolescents to enroll in school.

Article 14 No employing units shall employ school-age children or adolescents who are expected to receive compulsory education.

The public organizations which have obtained approval according to relevant State regulations to recruit school-age children and adolescents for special training in literature and art or sports shall guarantee that the recruited school-age children or adolescents receive compulsory education; where a public organization intends to provide compulsory education itself, the matter shall be subject to approval by the administrative department for education of the people’s government at or above the county level.

Chapter 3: Schools

Article 15 The local people’s government at or above the county level shall, on the basis of such factors as the number of the school-age children and adolescents and the places of their residence within its administrative area and according to relevant State regulations, formulate and adjust the plans for the establishment of schools. Where schools need to be established in new residential communities, schools shall be established simultaneously with the development of the residential communities.

Article 16 Establishment of schools shall be in compliance with the standards for running schools prescribed by the State and meet the need of instruction and teaching, and shall meet the requirements for location and the standard for construction, as are prescribed by the State, in order to ensure safety of the students and the teaching and administrative staff.

Article 17 People’s governments at or above the county level may, in light of need, establish boarding schools to ensure that the school-age children and adolescents who live far from school receive compulsory education.

Article 18 The administrative department for education under the State Council and the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in light of need, establish schools (classes) in economically developed areas to enroll school-age children and adolescents of ethnic groups.

Article 19 People’s governments at or above the county level shall, in light of need, establish schools (classes) to provide special education that is appropriate for school-age children and adolescents who are blind, deaf-mute or mentally retarded to receive compulsory education. Such schools (classes) shall have places and facilities tailored to the special characteristics of the said children and adolescents for the benefit of their study, rehabilitation and daily life.

Regular schools shall admit to the classes corresponding to the levels of the disabled school-age children and adolescents who are capable of receiving regular education and provide them with aid in study and rehabilitation.

Article 20 The local people’s governments at or above the county level shall, in light of need, establish special schools to provide compulsory education to the school-age adolescents who are prone to such serious juvenile misbehaviors as are specified in the law on prevention of juvenile delinquency.

Article 21 The juvenile delinquents and the minors against whom compulsory educational measures are taken, who have not completed compulsory education, shall be provided with such education, and the funds needed in this respect shall be guaranteed by the people’s governments.

Article 22 People’s governments at or above the county level and the administrative departments for education shall promote balanced development among schools by narrowing the differences in the conditions for school running, and they shall not divide the schools into key and non-key schools. And the schools shall not divide the classes into key and non-key classes.

People’s governments at or above the county level and their administrative departments for education shall not change the nature of government-run schools in any name or in disguised form.

Article 23 People’s governments at or above the county level and their departments concerned shall, in accordance with law, maintain order in the areas surrounding the schools, protect the legitimate rights and interests of the students, teachers and schools and ensure security of the schools.

Article 24 Schools shall set up a sound security system and a mechanism in response to emergencies, conduct education among students in the importance of security, tighten administration, eliminate hidden hazards in time and prevent accidents.

People’s governments at or above the county level shall regularly inspect school buildings with respect to their safety and have them maintained or renovated in time, where necessary.

Schools shall not employ persons who have been deprived of their political rights for intentional crimes or persons who are not suited to compulsory education.

Article 25 Schools shall not collect any fees in violation of State regulations, nor shall they seek profits by selling commodities, services, etc. to students or doing so in disguised form.

Article 26 The system under which the principal assumes full responsibility shall be practiced in schools. Principals shall meet the requirements for the position as prescribed by the State. Principals shall be appointed according to law by the administrative departments for education of the people’s governments at the county level.

Article 27 Where a student violates the administrative rules of the school, the school shall criticize him by way of education, but shall not expel him.

Chapter 4: Teachers

Article 28 Teachers shall enjoy the rights, and fulfill the duties, as provided for by law, and they shall play an exemplary role for other persons and be devoted to the educational undertaking of the people.

Teachers shall be respected by the entire society.

Article 29 Teachers shall treat students equally in instruction and teaching, pay attention to the individual differences of students, teach students in accordance with their aptitude, and promote their full development.

Teachers shall respect the personality of students, and they shall not discriminate against students, punish them physically or in disguised form, or humiliate them or strip them of their dignity, nor shall they infringe on the students’ legitimate rights and interests.

Article 30 Teachers shall obtain the qualifications for teachers as prescribed by the State.

The State shall establish a unified system for the posts of teachers engaged in compulsory education. Such posts of teachers are divided into primary, intermediary and senior posts.

Article 31 People’s governments at various levels shall guarantee the salaries, welfare benefits and social insurance premiums of the teachers and improve their working and living conditions, and improve the mechanism for guaranteeing the funds for the salaries of teachers in rural areas.

The average salary of teachers shall be not less than that of the local public servants.

Teachers engaged in special education shall enjoy subsidies for special posts. Teachers working in areas inhabited by ethnic groups or in outlying or poverty-stricken areas shall enjoy subsidies for working under tough conditions or in poverty-stricken areas.

Article 32 People’s governments at or above the county level shall put more efforts in the training of teachers and adopt measures for developing education among teachers.

The administrative departments for education of the people’s governments at the county level shall distribute the resources of teachers within their own administrative areas in a balanced manner, arrange training for principals and teachers and arrange for their transfer from school to school, and enhance the development of schools started on weak foundations.

Article 33 The State Council and the local people’s governments at various levels shall encourage and support teachers in urban schools and graduates of schools of higher education to go to rural areas and areas inhabited by ethnic groups to engage in compulsory education.

The State encourages graduates of schools of higher education to teach as volunteers in schools in rural areas and in areas inhabited by ethnic groups where teachers are lacking. The administrative departments for education of the people’s governments at the county level shall vouch for their qualifications as teachers according to law, and the length of time of their teaching shall be counted in their length of service.

Chapter 5: Instruction and Teaching

Article 34 Instruction and teaching shall be carried out in conformity with the pattern of education and the characteristics of students’ physical and mental development, be oriented to the need of all students and designed to impart knowledge to them by organically integrating moral, intellectual, physical and aesthetic education in instruction and teaching, with special attention paid to developing their ability of independent thinking, creativity and practice, in order to enable them to develop in an all-round way.

Article 35 The administrative department for education under the State Council shall, on the basis of the physical and mental development of school-age children and adolescents and the actual conditions, determine the teaching system, the contents of instruction and teaching and curriculums, reform the examination system and improve the method of student enrollment by senior secondary schools, in order to promote qualities-oriented education.

Schools and teachers shall conduct instruction and teaching in accordance with the determined contents of instruction and teaching and curriculums and ensure that the requirements specified by the State in respect of the essential qualities are met.

The State encourages schools and teachers to adopt such methods of instruction and teaching as the elicitation method, in order to improve the quality of instruction and teaching.

Article 36 Schools shall put moral education in the first place and embodying moral education in instruction and teaching, carry out social practices that are suited to the ages of the students, thus to form a system for ideological and ethical education in which the school, family and society cooperate with each other and help students cultivate good ideology and moral character and a good habit of conduct.

Article 37 Schools shall guarantee the students time for extracurricular activities and organize extracurricular cultural and recreation activities, etc. Public cultural and sports facilities shall be made convenient for schools to carry out extracurricular activities.

Article 38 Textbooks shall be compiled in compliance with the educational policy and curricular standards of the State, and their contents shall be simplified by selecting the essential, basic knowledge and skills, the textbooks shall be affordable and of practical use, and their quality shall be guaranteed.

Staff members of government departments and the persons responsible for examining textbooks shall not participate in compiling textbooks or do so in disguised form.

Article 39 The State practices an examination and approval system for textbooks. The measures for examination and approval of textbooks shall be formulated by the administrative department for education under the State Council.

Textbooks which have not been examined and for which no approval has been obtained shall not be published or used.

Article 40 The criterion prices for textbooks shall be fixed under the principle of minimum profits by the administrative department for pricing under the State Council together with the administrative department for publication. The prices for their retail shall be fixed on the basis of the criterion prices by the administrative departments for pricing of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government, together with the administrative departments for publication.

Article 41 The State encourages cyclical use of textbooks.

Chapter 6: Guarantee of Funds

Article 42 The State places compulsory education completely within the scope of financial guarantee, and the funds for compulsory education shall be guaranteed by the State Council and the local people’s governments at various levels according to the provisions of this Law.

The Sate Council and the local people’s governments at various levels shall incorporate the funds for compulsory education into their budgets and allot such funds in full and in a timely manner in conformity with the standards for the size of the teaching staff and their salaries and the standards for the development of schools and for the average amount of funds per student for public use, in order to ensure the normal running of schools, the safety of the school buildings and the payment of the salaries of the teaching staff according to regulations.

The percentage of increase in government funds allotted for compulsory education by the State Council and the local people’s governments at various levels shall be higher than the percentage of increase in regular government revenues, in order to ensure the gradual increase in the average amount of funds for compulsory education per student in school, in the salaries of the teaching staff and in the average amount of funds per student for public use.

Article 43 The basic standard for the average amount of funds per school student for public use shall be formulated by the administrative department for finance under the State Council together with the administrative department for education and be adjusted in time on the basis of economic and social development. When the standard for the average amount of funds per student for public use is formulated or adjusted, attention shall be paid to meeting the basic need of instruction and teaching.

The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in light of the realities within their own administrative areas, formulate the standard for the average amount of funds per school student for public use which shall not be lower than the standard formulated by the State.

The standard for the average amount of funds per student for public use of schools (classes) providing special education shall be higher than that for students of regular schools.

Article 44 Input of funds for compulsory education shall be provided jointly by the State Council and the local people’s governments at various levels on the basis of their respective duties, and the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for establishing a system for overall planning for bringing such provision into effect. The funds needed for compulsory education in rural areas shall be shared by the people’s governments at various levels on the basis of the items and proportions as prescribed by the State Council.

People’s governments at various levels shall gratuitously provide textbooks for the school-age children and adolescents whose families are in financial difficulties, and subsidize resident students in living expenses.

The specific measures for guaranteeing funds for compulsory education shall be formulated by the State Council.

Article 45 The local people’s governments at various levels shall separately list the funds for compulsory education in their financial budgets.

When drawing up their budgets, people’s governments at the county level shall arrange the funds for compulsory education in a balanced manner, apart from giving preferential consideration to schools in rural areas and schools started on weak foundations.

Article 46 The State Council and the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall standardize the financial system for transfer payment, increase the amount of such transfer of a general nature and standardize the transfer payment specially for compulsory education, in order to support and guide the local people’s governments at various levels in increasing their input in compulsory education. The local people’s governments at various levels shall make sure that the funds provided through transfer payment by the people’s governments at the higher levels for compulsory education be used for compulsory education according to regulations.

Article 47 The State Council and the local people’s governments at or above the county level shall, in light of actual need, set up special funds to assist the rural areas and the areas inhabited by ethic groups in providing compulsory education.

Article 48 The State encourages public organizations and individuals to make donations to compulsory education, and encourages the establishment of foundations for compulsory education in accordance with the State regulations governing the administration of foundations.

Article 49 The funds for compulsory education shall strictly be used in a way as specified in the budget. No organizations or individuals may take illegal possession of or misappropriate such funds, or illegally collect fees from schools or apportion fees among them.

Article 50 People’s governments at or above the county level shall establish a sound system of supervision through auditing and of announcement of statistics in respect of the funds for compulsory education.

Chapter 7: Legal Responsibility

Article 51 Where the related department of the State Council or a local people’s government, in violation of the provisions in Chapter VI of this Law, fails to perform the duty of guaranteeing the funds for compulsory education, it shall be ordered by the State Council or the people’s government at a higher level to make rectification within a time limit; and if the circumstances are serious, the person directly in charge and the other persons directly responsible shall be given administrative sanctions according to law.

Article 52 A local people’s government at or above the county level shall, under one of the following circumstances, be ordered by the people’s government at a higher level to make rectification within a time limit; and if the circumstances are serious, the person directly in charge and the other persons directly responsible shall be given administrative sanctions according to law:

(1) failing to formulate or adjust the plans for the establishment of schools according to relevant State regulations;

(2) failing to establish schools in compliance with the standards for running schools, the requirements for location and the standard for construction as prescribed by the State;

(3) failing to regularly inspect school buildings with respect to their safety and to have them maintained or renovated in time; or

(4) failing to arrange the funds for compulsory education in a balanced manner according to law.

Article 53 A people’s government at or above the county level or its administrative department for education shall, under one of the following circumstances, be ordered to make rectification within a time limit and be criticized in a circular by the people’s government at a higher level or its administrative department for education; and if the circumstances are serious, the person directly in charge and the other persons directly responsible shall be given administrative sanctions according to law:

(1) dividing schools into key and non-key schools; or

(2) changing, or changing in disguised form, the nature of government-run schools.

Where the administrative department for education of the people’s government at the county level or the people’s government of a town or township fails to adopt measures to arrange for school-age children and adolescents to enroll in school or to prevent them from dropping out of school, they shall be pursued for legal responsibility according to the provisions in the preceding paragraph.

Article 54 Under one of the following circumstances, the organization or individual shall be ordered to make rectification within a time limit by the people’s government at a higher level or its administrative department for education, finance or pricing or the auditing authority on the basis of the division of duties; and if the circumstances are serious, the person directly in charge and the other persons directly responsible shall be punished according to law:

(1) taking illegal possession of or misappropriating the funds for compulsory education; or

(2) illegally collecting fees from schools or apportioning fees among them.

Article 55 A school or teacher that, in the work of compulsory education, violates the provisions in the Education Law or Teachers Law shall be punished according to the provisions in either of the said laws.

Article 56 A school that collects fees in violation of State regulations shall be ordered by the administrative department for education of the people’s government at the county level to return such fees; and the person directly in charge and the other persons directly responsible shall be punished according to law.

A school that seeks profits by selling commodities, services, etc. to students or doing so in disguised form shall be criticized in a circular by the administrative department for education of the people’s government at the county level; the illegal gains, if any, shall be confiscated; and the person directly in charge and the other persons directly responsible shall be punished according to law.

A staff member of a State organ or a person responsible for examining textbooks who participates in compiling textbooks or does so in disguised form shall be ordered to make rectification within a time limit by the people’s government at or above the county level or its administrative department for education on the basis of their respective duties and limits of power, and be given administrative sanctions according to law; and the illegal gains, if any, shall be confiscated.

Article 57 Under one of the following circumstances, a school shall be ordered to make rectification within a time limit by the administrative department for education of the people’s government at the county level; and if the circumstances are serious, the person directly in charge and the other persons directly responsible shall be punished according to law:

(1) refusing to admit to the classes corresponding to the levels of the disabled school-age children and adolescents who are capable of receiving regular education;

(2) dividing classes into key and non-key ones;

(3) expelling students in violation of the provisions in this Law; or

(4) using textbooks which have not been examined and for which no approval has been obtained.

Article 58 The parents or other statutory guardians of school-age children or adolescents who, without justifiable reasons, fail to send them to schools to receive compulsory education according to the provisions of this Law shall be criticized by the local people’s government of the town or township or the administrative department for education of the people’s government at the county level and be ordered by the said government or department to make rectification within a time limit.

Article 59 Under one of the following circumstances, an organization or individual shall be punished according to the provisions of relevant laws and administrative regulations:

(1) coercing or cajoling school-age children or adolescents who should receive compulsory education into forfeiting schooling or dropping out of school;

(2) illegally employing school-age children or adolescents who should receive compulsory education; or

(3) publishing textbooks which have not been examined and for which no approval has been obtained according to law.

Article 60 A violation of the provisions of this Law that constitutes a crime shall be investigated for criminal responsibility according to law.

Chapter 8: Supplementary Provisions

Article 61 The measures for implementing the provisions that school-age children and adolescents who receive compulsory education are exempted from miscellaneous fees shall be formulated by the State Council.

Article 62 For schools that are run by public organizations or individuals according to law to provide compulsory education, the relevant provisions in the Law on Promotion of Privately-Run Schools shall be observed; for matters with regard to which no provisions are contained in the said law, this Law shall prevail.

Article 63 This Law shall go into effect as of September 1, 2006.

Regulations on the Education of Persons with Disabilities
(Adopted by Decree No. 161 of the State Council of the People’s Republic of China on August 23rd, 1994)
Chapter 1 General Provisions

Chapter 2 Pre-school Education

Chapter 3 Compulsory Education

Chapter 4 Vocational Education

Chapter 5 Education at or above Ordinary Senior Middle School Level and Adult Education

Chapter 6 Teachers

Chapter 7 Guarantee for Material Conditions

Chapter 8 Rewards and Punishments

Chapter 9 Supplementary Provisions

Chapter 1 General Provisions

Article 1 These Regulations are formulated in accordance with the Law of the People’s Republic of China on the Protection of Disabled Persons and laws concerning education, for the purpose of safeguarding the right of persons with disabilities to education and developing educational undertaking for persons with disabilities.

Article 2 The education of persons with disabilities shall be carried out in compliance with the state’s educational policies to raise in an all-round way the quality of persons with disabilities according to their physical and mental needs, and to create conditions for their equal participation in social life.

Article 3 The education of persons with disabilities is a component of the State education programme. The principle of combining popularization with upgrading of quality shall be implemented in developing the education of persons with disabilities, with emphasis on the former. Priority shall be given to compulsory education and vocational education, while efforts shall be made to carry out pre-school education and gradually develop education at or above senior middle school level.

The education of persons with disabilities shall be carried out by adopting normal or special methods of education according to the different categories of disabilities and varied learning abilities and aptitudes of individuals, and by bringing into full play the role of ordinary educational institutions in the education of persons with disabilities.

Article 4 People’s government at various levels shall strengthen their leadership over the education of persons with disabilities, formulate overall plans for its development, and increase step by step funds for the education of persons with disabilities so as to improve conditions for running schools.

Article 5 The administrative department of education under the State Council shall be in charge of the education of persons with disabilities throughout the country. The administrative departments of education of the people’s governments at or above the county level shall be in charge of the education of persons with disabilities within their respective administrative areas.

People’s government at or above the county level and other relevant departments shall, within the scope of their respective functions and responsibilities, be responsible for the relevant work of education of persons with disabilities.

Article 6 The China Disabled Persons’ Federation (CDPF) and its local branches shall actively promote and develop the education of persons with disabilities.

Article 7 Pre-school educational institutions, schools of various types and levels and other educational institutions shall carry out the education of persons with disabilities in accordance with the provisions of relevant laws and regulations of the State.

Article 8 Families of persons with disabilities shall assist those persons to be educated.

Article 9 All members of society shall concern themselves with and support the educational undertaking of persons with disabilities.

Chapter 2 Pre-school Education

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

(1) Pre-school educational institutions for children with disabilities;

(2) Ordinary pre-school educational institutions;

(3) Welfare institutions for children with disabilities;

(4) Institutions of rehabilitation for children with disabilities;

(5) Pre-school classes of ordinary primary schools and pre-school classes of special education schools.

Families shall be responsible for the pre-school education of their children with disabilities.

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

Article 12 Health care institutions, as well as pre-school educational institutions for children with disabilities and families of children with disabilities shall pay attention to early detection of childhood disabilities, as well as early rehabilitation and early education of children with disabilities.

Pre-school educational institutions for children with disabilities and health care institutions shall provide consultation and guidance on children with disabilities in respect of early detection of their disabilities, early rehabilitation and early education.

Chapter 3 Compulsory Education

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

People’s government at or above the county level, in conducting supervision, guidance or inspection of the implementation of compulsory education, shall subject the implementation of compulsory education for children and adolescents with disabilities to their supervision, guidance or inspection.

Article 14 Parents or other guardians of school-age children and adolescents with disabilities shall make their children or wards receive compulsory education according to the law.

Article 15 The age limit for admission and schooling of children and adolescents with disabilities receiving compulsory education shall be the same as that for their non-disabled peers; when necessary and as appropriate, the age limit for admission and schooling may be raised.

Article 16 The administrative departments of education and public health of the people’s government at the county level shall organize consultations on the enrollment of school-age children and adolescents with disabilities, conduct assessment of their disabilities, and put forward suggestions regarding the ways through which they receive education.

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 of ordinary schools;

(2) Study in special education classes attached to ordinary schools, welfare institutions for children or other institutions;

(3) Study in special education schools.

Local people’s government at various levels shall gradually create conditions to provide, through other appropriate ways, compulsory education to school-age children and adolescents with disabilities who are unable to study in school due to their levels of physical functioning.

Article 18 In respect of students with disabilities who have financial difficulties, fees and other expenses shall be 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 labour skill education with due attention to meeting their physical and mental needs; classification teaching shall be offered to meet the individual needs of students with diverse disabilities; teaching on a one-to-one basis shall be offered in schools where conditions permit.

Article 20 The curricula, teaching programmes and teaching material of special education schools (classes) shall be adapted to the needs of children and adolescents with disabilities.

The curricula and teaching programmes of schools (classes) of special education for children and adolescents with disabilities shall be developed by the administrative department of education under the State Council, while the teaching material shall be reviewed and approved by the administrative departments of education of the people’ s government at or above the provincial level.

Article 21 Ordinary schools shall, in accordance with the relevant provisions of the State, admit school-age children and adolescents with disabilities who are able to adapt themselves to study in ordinary classes, and shall provide assistance to them according to their special needs in study and rehabilitation. Schools, where conditions permit, may have classrooms for guidance in their study.

The administrative departments of education of the people’s government at the county level shall, within their respective administrative areas, strengthen their guidance in the teaching work of ordinary schools in which children and adolescents with disabilities study.

The curricula, teaching programmes and teaching material for ordinary schools implementing compulsory education may be applied to students with disabilities receiving compulsory education in ordinary schools; however, the requirements for the study of such students may be determined with appropriate flexibility.

Article 22 Special education schools that implement compulsory education shall, in accordance with need and at appropriate stages, carry out labour skill education, vocational education and vocational guidance among students with disabilities.

Chapter 4 Vocational Education

Article 23 People’s government at various levels shall include vocational education for persons with disabilities in the 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 In respect of vocational education for persons with disabilities, priority shall be given to the development of primary and secondary vocational education. Due attention shall be paid to the development of higher vocational education. Medium and short-term training, with practical skills training as a main focus, shall be conducted.

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

Local people’s government at or above the county level shall, according to need, establish in a rational way institutions of vocational education for persons with disabilities.

Article 26 Ordinary schools of vocational education must enroll persons with disabilities who meet the State’s admission requirements, while ordinary institutions of vocational training shall make efforts to enroll persons with disabilities.

Article 27 Schools of vocational education for persons with disabilities and institutions of vocational training for persons with disabilities shall, in accordance with the social need as well as the levels of physical and mental functioning of persons with disabilities, set up courses, and in line with teaching needs and conditions, develop well-run school-owned enterprises as a basis for practical skill training.

Article 28 In respect of students with disabilities who have financial difficulties, tuition and fees shall be reduced or exempted according to the circumstances.

Chapter 5 Education at or above Ordinary Senior Middle School Level and Adult Education

Article 29 Ordinary senior middle schools, institutions of tertiary education and institutions of adult education must enroll students with disabilities who meet the State’s admission requirements and shall not deny them enrollment on account of their disabilities.

Article 30 Local people’s government at or above the level of cities divided into districts may, according to need, establish special education schools (classes) at or above senior middle school level in order to enhance the level of the education of persons with disabilities.

Article 31 The administrative departments of education of the people’s government at or above the county level shall, in conjunction with broadcasting and television departments and in light of the actual conditions, offer or retransmit programmes on subjects or courses suitable for persons with disabilities.

Article 32 Units where persons with disabilities work shall carry out education in cultural knowledge and technical training with regard to 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 ability to study.

Article 34 The state and society shall encourage and assist persons with disabilities to fulfill their potential through, inter alia, self-teaching.

Chapter 6 Teachers

Article 35 People’s government at various levels shall attach great importance to the cultivation and training of teachers engaged in the education of persons with disabilities, adopt measures to gradually promote their status and welfare benefits, improve their working environment and conditions, and encourage them to devote their whole lives to the education of persons with disabilities.

Article 36 Teacher engaged in the education of persons with disabilities shall devote themselves to their professional responsibilities, value their students, have the spirit of humanitarianism, be concerned about their students and possess the professional knowledge and skills necessary for the education of persons with disabilities.

Article 37 The State shall institute a certificate system of qualification for teachers engaged in the education of persons with disabilities; the specific measures shall be formulated by the administrative department of education under the State Council, in conjunction with other administrative, departments under the State Council.

Article 38 Units that sponsor 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 standards for size of teaching staff in special education schools shall be developed by the administrative department of education under the State Council, in conjunction with other administrative departments under the State Council.

Article 39 The administrative department of education under the state Council and the people’s government of provinces, autonomous regions and municipalities directly under the Central Government shall systematically set up degree courses in special education schools and teachers colleges, or, attach special education teachers training classes (departments) to ordinary teachers’ schools to train teachers for special education.

Article 40 The administrative departments of education of the local people’s government at or above the county level shall include the education and training of special education teachers, in their work plans and, by establishing training bases, or through other means, carry out advanced training of teachers engaged in special education.

Article 41 Ordinary teachers’ colleges and schools shall offer in a planned way compulsory or selective courses of special education so that trainee teachers may master the basic knowledge and skills of special education, and thus meet the needs for teachers who teach students with disabilities studying in ordinary schools.

Article 42 Teachers, staff members and workers engaged in the education of persons with disabilities shall, in accordance with relevant provisions of the State, be entitled to subsidies and other benefits for the education of persons with disabilities.

Chapter 7 Guarantee for Material Conditions

Article 43 People’s government of provinces, autonomous regions and municipalities directly under the Central Government shall, in light of the special features of the education of persons with disabilities and on the basis of the guiding standards of persons with disabilities and on the basis of the guiding standards of the competent administrative departments under the State Council, lay down, within their respective administrative areas, standards for construction, expenditure and allocation of teaching aids and equipment to schools for persons with disabilities.

Article 44 People’s government at various levels shall be responsible for raising funds to cover expenditure for the education of persons with disabilities, and the funds shall be guaranteed and gradually increased along with the increase of the educational operating expenses.

People’s government at or above the county level may, according to need, set up special subsidy funds , which shall be used for the development of the education of persons with disabilities.

In respect of the fund appropriated by the local people’s governments at various levels for compulsory education and the collected educational surcharges, a certain proportion of the fund and surcharges shall be used for compulsory education of children and adolescents with disabilities.

Article 45 The State shall encourage all sectors of society to sponsor educational institutions for persons with disabilities or to contribute funding support for their education.

Article 46 Local people’s government at or above the county level shall make overall plans and rational layouts in respect of the establishment of educational institutions for persons with disabilities.

The establishment of schools for persons with disabilities shall be subject to the examination and approval of the administrative departments of education, in accordance with the relevant provisions of the State.

Article 47 The construction of educational institutions for persons with disabilities shall be adapted to meet the special needs of students with disabilities in their study, rehabilitation and life.

Ordinary schools shall, in light of their actual conditions, provide an enabling environment for students with disabilities to pursue their studies and student life.

Article 48 People’s government at or above the county level and their concerned departments shall adopt preferential policies and measures to support the research and production of instruments and 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 enterprises or welfare enterprises.

Chapter 8 Rewards and Punishments

Article 49 Rewards shall be given by the people’s governments at various levels or their administrative departments of education to units and individuals that have performed any of the following deeds:

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

(2) Exerted great efforts in helping persons with disabilities to attend school;

(3) Achieved remarkable success in the research and production of instruments, equipment, teaching aids and assistive devices used for the education of persons with disabilities, as well as in improving the quality of their education;

(4) Accomplished significant achievements in the construction or development of schools for persons with disabilities; or

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

Article 50 If anyone commits any of the following acts, the concerned departments shall impose on the persons who are held directly responsible administrative sanctions:

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

(2) Insulting, imposing corporal punishment on or beating any student with a disability;

(3) Seizing, embezzling or misappropriating funds intended for the education of persons with disabilities.

In the case specified in sub-paragraph (1) of the preceding paragraph, the concerned administrative department of education shall order the school in question to enroll the person with a disability in school.

In the case specified in sub-paragraph (2) of the preceding paragraph, if there has been a violation of the Regulations of the People’s Republic of China on Administrative Penalties for Public Security, administrative sanctions shall be imposed by the public security organ.

Whoever has committed any of the acts specified in sub-paragraph (2) and/or (3) of the preceding paragraph, if the case constitutes a crime, it shall be investigated for criminal responsibility according to the law.

Chapter 9 Supplementary Provisions

Article 51 People’s government of provinces, autonomous regions and municipalities directly under the Central Government may formulate implementing rules in accordance with these Regulations.

Article 52 These Regulations shall enter into force as of the date of promulgation.

Regulations on the Education of Persons with Disabilities