The Regulations on Education for the Disabled was revised and adopted at the 10/October 16 1 day, the State Council. The revised Regulations on Education for the Disabled are hereby promulgated and shall come into force on May 1 2065438.
Regulations on education for the disabled
1promulgated by the State Council DecreeNo. 16 1 of the People's Republic of China on August 23rd, 994, and revised according to the Decision of the State Council on Abolishing and Amending Some Administrative Regulations on August 8th, 20 165438.
Chapter I General Principles
Article 1 These Regulations are formulated in accordance with the Education Law of the People's Republic of China and the Law of the People's Republic of China on the Protection of Disabled Persons for the purpose of safeguarding the right of disabled persons to receive education and developing education for disabled persons.
Article 2 The State guarantees the equal right of disabled persons to receive education, and prohibits educational discrimination based on disability.
Education for the disabled should implement the national education policy, comprehensively improve the quality of the disabled according to their physical and mental characteristics and needs, and create conditions for them to participate in social life on an equal footing.
Article 3 Education for the disabled is an integral part of national education.
Develop education for the disabled, implement the principle of combining popularization with improvement and giving priority to popularization, guarantee compulsory education, focus on developing vocational education, actively develop preschool education, and gradually develop education above senior secondary school.
Education for the disabled should improve the quality of education, actively promote integrated education, and adopt general education or special education according to the disability category and acceptance ability of the disabled, with general education as the mainstay.
Article 4 The people's governments at or above the county level shall strengthen the leadership over the education of the disabled, incorporate the education of the disabled into the educational development plan, make overall plans for its implementation, rationally allocate resources, ensure the investment in education of the disabled, and improve the conditions for running schools.
Article 5 The education administrative department of the State Council shall be in charge of the national education for the disabled, and make overall planning, coordination and management of the national education for the disabled; Other relevant departments in the State Council shall be responsible for the education of the disabled within the scope of duties stipulated by the State Council.
The education administrative department of the local people's government at or above the county level shall be in charge of the education of the disabled in their respective administrative areas; Other relevant departments of the local people's governments at or above the county level shall be responsible for the education of the disabled within their respective functions and duties.
Article 6 The China Disabled Persons' Federation and its local organizations shall actively promote and carry out education for the disabled, assist relevant departments in implementing education for the disabled, and provide support and assistance for the disabled to receive education.
Seventh pre-school education institutions, schools at all levels and other educational institutions shall, in accordance with the provisions of these regulations and relevant laws and regulations of the state, implement education for the disabled; Persons with disabilities who meet the conditions prescribed by laws and regulations may not refuse to enter school.
Article 8 Families of disabled persons shall help disabled persons receive education.
Parents or other guardians of disabled children and adolescents should respect and protect their right to education, actively carry out family education, enable disabled children and adolescents to receive rehabilitation training and education in time, and assist and participate in the education and teaching activities of relevant educational institutions to provide support for disabled children and adolescents to receive education.
Article 9 All sectors of society should care about and support the education of the disabled. The communities where disabled people live, relevant social organizations, enterprises and institutions should support and help disabled people to receive education on an equal footing and integrate into society.
Article 10 The State shall commend and reward organizations and individuals that have made outstanding contributions to the education of the disabled in accordance with relevant regulations.
Article 11 The institutions responsible for education supervision of the people's governments at or above the county level shall include the implementation of education for the disabled in the scope of supervision, and may conduct special supervision on the implementation of laws and regulations on education for the disabled, the quality of education and teaching for the disabled, and the management and use of funds.
Chapter II Compulsory Education
Twelfth people's governments at all levels shall perform their duties according to law, and guarantee the right of school-age disabled children and adolescents to receive compulsory education.
The people's governments at or above the county level shall supervise, guide and inspect the implementation of compulsory education, including the supervision, guidance and inspection of compulsory education for disabled children and adolescents.
Thirteenth parents or other guardians of school-age disabled children and adolescents shall ensure that their disabled children or wards enter school according to law to receive and complete compulsory education.
Fourteenth disabled children and adolescents should receive compulsory education at the same age as local children and adolescents. When necessary, the age and length of schooling can be appropriately increased.
Article 15 The education administrative department of the people's government at the county level shall, jointly with the health administrative department, the civil affairs department and the Disabled Persons' Federation, conduct pre-school registration for compulsory school-age disabled children and adolescents according to information such as neonatal disease screening, preschool children's disability screening and statistics of disabled persons, so as to fully grasp the number and disability of compulsory school-age disabled children and adolescents within their respective administrative areas.
Article 16 People's governments at the county level shall, according to the number, category and distribution of disabled children and adolescents within their administrative areas, make overall plans, give priority to establishing special education resource classrooms in some ordinary schools, equip them with necessary equipment and teachers and professionals specializing in disability education, and designate disabled children and adolescents to receive compulsory education; And support other ordinary schools to set up special education resource classrooms as needed, or arrange schools with corresponding resources and conditions to provide necessary support for other ordinary schools that recruit disabled students.
The people's governments at the county level shall equip special education schools that implement compulsory education with necessary instruments and equipment such as education and teaching, rehabilitation assessment and rehabilitation training for the disabled, and strengthen the construction of special education schools with nine-year compulsory education.
Seventeenth school-age disabled children and adolescents who can adapt to the study and life of ordinary schools and receive general education shall receive compulsory education in the nearest ordinary school in accordance with the provisions of the Compulsory Education Law of People's Republic of China (PRC).
School-age disabled children and adolescents can receive general education, but they need special support in their study and life. According to their physical condition, they can receive compulsory education in ordinary schools with corresponding resources and conditions designated by the education administrative department of the people's government at the county level in a certain area.
If school-age disabled children and adolescents cannot receive general education, the education administrative department of the people's government at the county level shall make overall arrangements to enter special education schools to receive compulsory education.
School-age disabled children and adolescents need special care and cannot go to school. The education administrative department of the people's government at the county level shall make overall arrangements to implement compulsory education by providing home school education or distance education, and bring it into the management of student status.
Article 18 Disabled children and adolescents attending special education schools may receive general education after education and rehabilitation training, and the school may advise their parents or other guardians to transfer them to other schools or promote them to ordinary schools for compulsory education.
If disabled children and adolescents studying in ordinary schools find it difficult to adapt to their study and life in ordinary schools, the school may advise their parents or other guardians to transfer them to designated ordinary schools or special education schools for compulsory education.
Nineteenth school-age disabled children and adolescents' ability to receive education and adapt to school life should be judged according to their disability category, degree of disability, degree of compensation and school conditions.
Article 20 The education administrative department of the people's government at the county level shall, jointly with the health administrative department, the civil affairs department and the Disabled Persons' Federation, set up an expert committee on education for the disabled, which is composed of experts in education, psychology, rehabilitation and social work.
The Committee of Experts on Education for the Disabled may be entrusted by the administrative department of education to evaluate the physical condition, ability to receive education and ability to adapt to school life of school-age disabled children and adolescents, and put forward suggestions on admission and transfer; Make suggestions for compulsory education for the disabled.
The evaluation results made in accordance with the provisions of the preceding paragraph belong to the privacy of disabled children and adolescents and can only be used for the education and rehabilitation of disabled children and adolescents. The administrative department of education, the expert committee on education for the disabled, schools and their staff have the obligation to keep confidential the evaluation results and other personal information of disabled children and adolescents they know in their work.
Twenty-first parents or other guardians of disabled children and adolescents may apply to the education administrative department of the people's government at the county level to handle disputes with the school on admission and transfer arrangements.
The education administrative department of the people's government at the county level that receives the application shall entrust an expert committee on education of children and adolescents with disabilities to evaluate their physical condition, ability to receive education and ability to adapt to school life, put forward suggestions on enrollment and transfer, and make a decision on enrollment and transfer arrangements for children and adolescents with disabilities according to the evaluation results of the expert committee on education of the disabled and the suggestions on enrollment and transfer, and taking into account the school conditions and the wishes of children and adolescents with disabilities, their parents or other guardians.
Twenty-second ordinary schools that recruit disabled students should reasonably arrange disabled students to study in regular classes; There are many disabled students, and special special education classes can be set up.
Ordinary schools that recruit disabled students should arrange teachers or experienced teachers who specialize in the education of disabled people to undertake the education and teaching work of regular classes or special education classes, and appropriately reduce the number of students enrolled in regular classes, provide convenience and conditions for the study and life of disabled students after entering school, and ensure their equal participation in education and teaching and various activities organized by the school.
Twenty-third compulsory education for disabled students in regular classes in ordinary schools can be applied to the curriculum plan, curriculum standards and teaching materials of ordinary compulsory education, but the learning requirements can be moderately flexible.
Twenty-fourth special education schools (classes) for disabled children and adolescents should adhere to the combination of ideological education, cultural education, labor skills education and physical and mental compensation, and implement classified teaching according to the disability status and compensation degree of students; When necessary, we should listen to the opinions of parents or other guardians of disabled students, formulate individualized education plans that meet the physical and mental characteristics and needs of disabled students, and implement individualized teaching.
Twenty-fifth special education schools (classes) for disabled children and adolescents, curriculum, curriculum standards and teaching materials should be suitable for the physical and mental characteristics and needs of disabled children and adolescents.
The curriculum plan and curriculum standards of special education schools (classes) for disabled children and adolescents shall be formulated by the education administrative department of the State Council; Textbooks shall be examined and approved by the education administrative department of the people's government at or above the provincial level in accordance with the relevant provisions of the state.
Twenty-sixth education administrative departments of the people's governments at the county level shall strengthen the guidance of compulsory education for disabled children and adolescents within their respective administrative areas.
The education administrative department of the local people's government at or above the county level shall make overall arrangements to support special education schools to establish special education resource centers and provide special education guidance and support services in a certain area. The special education resource center may be entrusted by the administrative department of education to undertake the following tasks:
(a) to guide and evaluate the work of ordinary classes in the region;
(two) to provide training for teachers in the region who undertake the task of education and teaching in regular classes;
(three) to send teachers and related professional service personnel to support regular classes and provide consultation and support for disabled children and adolescents who receive family education and distance education;
(4) Providing consultation for parents or other guardians of disabled students;
(five) other special education related work.
Chapter III Vocational Education
Article 27 Vocational education for the disabled should vigorously develop secondary vocational education, accelerate the development of higher vocational education, actively carry out short-term and medium-term training focusing on practical skills, focus on improving employability, train technical and skilled personnel, and strengthen employment guidance for disabled students.
Twenty-eighth vocational education for the disabled shall be implemented by general vocational education institutions and special vocational education institutions, with general vocational education institutions as the mainstay.
The local people's governments at or above the county level shall, according to the needs, set up special vocational education institutions reasonably, improve the conditions for running schools and expand the enrollment scale of secondary vocational schools for the disabled.
Twenty-ninth ordinary vocational schools shall not refuse to recruit disabled people who meet the admission standards stipulated by the state, and ordinary vocational training institutions shall actively recruit disabled people.
Local people's governments at or above the county level shall take measures to encourage and support ordinary vocational education institutions to actively recruit disabled students.
Thirtieth schools and training institutions that implement vocational education for the disabled should reasonably set up majors according to social needs and physical and mental characteristics of the disabled, set up internship training bases in cooperation with enterprises, or run internship bases well according to teaching needs and conditions.
Chapter IV Preschool Education
Thirty-first people's governments at all levels should actively take measures to gradually increase the proportion of disabled children receiving preschool education.
The people's governments at the county level and their education administrative departments, civil affairs departments and other relevant departments shall support ordinary kindergartens to create conditions to recruit disabled children; Support special education schools with school conditions, welfare institutions for disabled children and rehabilitation institutions for disabled children to implement preschool education.
Article 32 The education of disabled children should be combined with conservation and rehabilitation.
Pre-school education institutions that recruit disabled children should be equipped with necessary rehabilitation facilities, equipment and professional rehabilitation personnel according to their own conditions, or cooperate with other special education institutions and rehabilitation institutions with rehabilitation facilities, equipment and professional rehabilitation personnel to carry out rehabilitation training for disabled children.
Thirty-third medical and health institutions, preschool education institutions for disabled children, child welfare institutions and families should pay attention to early detection, early rehabilitation and early education of disabled children.
Medical and health institutions, preschool education institutions for disabled children and rehabilitation institutions for disabled children shall provide early detection, early rehabilitation and early education consultation and guidance for families of disabled children.
Chapter V Ordinary Senior High School Education and Continuing Education
Thirty-fourth ordinary senior secondary schools, institutions of higher learning and continuing education institutions shall recruit disabled candidates who meet the admission standards prescribed by the state, and shall not refuse to recruit them because of their disabilities.
Article 35 Local people's governments at or above the municipal level divided into districts may, according to the actual situation, set up special education schools with senior secondary education or above, support institutions of higher learning to set up special education colleges or related majors, and improve the education level of disabled people.
Article 36 The education administrative department of the people's government at or above the county level and other relevant departments and schools shall make full use of modern information technology to provide convenience and help for disabled people to receive adult higher education and higher education self-study exams through distance education, set up majors and courses suitable for disabled people to study according to the actual situation, and adopt flexible and open teaching and management methods to support disabled people to successfully complete their studies.
Thirty-seventh disabled units should carry out cultural knowledge education and technical training for disabled people in their own units.
Thirty-eighth literacy education should include literacy education for illiterate and semi-illiterate disabled people who have not lost their learning ability at the age of 15.
Article 39 The state and society encourage and help disabled people to become self-educated.
Chapter VI Teachers
Article 40 People's governments at or above the county level shall attach importance to the training of teachers engaged in education for the disabled, take measures to gradually improve their status and treatment, improve their working environment and conditions, and encourage teachers to engage in education for the disabled for life.
The people's governments at or above the county level may take measures such as free education, tuition reduction and exemption, and student loan compensation to encourage qualified college graduates to teach in special education schools or other special education institutions.
Forty-first teachers engaged in education for the disabled should love the cause of education for the disabled, have the spirit of socialist humanism, respect and care for disabled students, and master the professional knowledge and skills of education for the disabled.
Forty-second teachers specializing in education for the disabled (hereinafter referred to as special education teachers) shall meet the following conditions:
(a) in accordance with the provisions of the "People's Republic of China (PRC) Teachers Law" and "National Teachers Law" to obtain the qualification of teachers;
(two) graduated from special education or passed the training and examination by the education administrative department of the people's government of a province, autonomous region or municipality directly under the central government.
Special education teachers engaged in the education of hearing disabled persons shall meet the sign language grade standard stipulated by the state, and special education teachers engaged in the education of visual disabled persons shall meet the Braille grade standard stipulated by the state.
Article 43 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the needs of the development of education for the disabled, formulate staffing standards for special education schools and ordinary schools designated to recruit disabled students according to local conditions.
The education administrative department of the local people's government at or above the county level shall, jointly with other relevant departments, equip special education schools with special education teachers and related professionals who undertake teaching and rehabilitation within the approved staffing; Set up full-time positions such as special education teachers in ordinary schools designated to recruit disabled students.
Article 44 The administrative department of education in the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the needs of the development of education for the disabled, set up teachers' colleges for special education in a planned way, support ordinary normal colleges and comprehensive colleges to set up relevant departments or majors, and train special education teachers.
Teachers' colleges and comprehensive colleges should offer special education courses to enable students to master the necessary basic knowledge and skills of special education to meet the educational and teaching needs of disabled students studying in regular classes.
Article 45 The education administrative department of the local people's government at or above the county level shall incorporate the training of special education teachers into the teacher training plan, and organize in-service special education teachers to continue their studies in various forms to improve their professional level; Increase a certain proportion of special education content and related knowledge in the training of ordinary teachers to improve their special education ability.
Forty-sixth special education teachers and other relevant professionals engaged in special education enjoy special post subsidies and other benefits in accordance with relevant state regulations; Ordinary school teachers who undertake the teaching and management of disabled students in regular classes should incorporate their teaching and management of disabled students into performance appraisal, and take it as an important basis for approving wages and evaluating positions.
The education administrative departments, human resources and social security departments of the people's governments at or above the county level shall formulate preferential policies to provide special opportunities for special education teachers in job evaluation, training, recognition and reward.
Chapter VII Conditional Guarantee
Article 47 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the special situation of disabled education and the guiding standards of the relevant administrative departments in the State Council, formulate the standards for the construction, expenditure and allocation of teaching instruments and equipment of special education schools within their respective administrative areas.
In the compulsory education stage, ordinary schools recruit disabled students, and the financial department and education administrative department of the people's government at the county level shall fully allocate the expenses in the per capita budget of special education schools according to the standard of public funds.
Forty-eighth people's governments at all levels shall, in accordance with the relevant provisions, arrange funds for the education of the disabled, and incorporate the required funds into the government budget at the corresponding level.
The people's governments at or above the county level may set up special subsidies for the education and development of the disabled according to their needs.
Local people's governments at all levels shall allocate funds for compulsory education and collect additional education fees, and set aside a certain proportion for the development of compulsory education for disabled children and adolescents.
Local people's governments at all levels may, in accordance with relevant regulations, use the legally collected employment security fund for the disabled for special education schools and implement vocational education for all kinds of disabled people.
Article 49 The local people's governments at or above the county level shall, according to the needs of the development of education for the disabled, make overall planning and rational layout, set up special education schools, and equip the disabled with necessary instruments and equipment such as education and teaching, rehabilitation assessment and rehabilitation training in accordance with relevant state regulations.
The establishment of special education schools shall be subject to examination and approval by the administrative department of education in accordance with the relevant provisions of the state.
Fiftieth new construction, renovation and expansion of schools of all levels and types shall meet the requirements of the Regulations on the Construction of Barrier-free Environment.
The local people's governments at or above the county level and their education administrative departments shall gradually promote the construction of barrier-free campus environment in schools of all levels and types.
Fifty-first schools that recruit disabled students should reduce or exempt tuition fees and other fees for disabled students with financial difficulties in accordance with relevant state regulations, and give priority subsidies in accordance with state funding policies.
The state encourages qualified places to give priority to providing free pre-school education and high school education for disabled students with financial difficulties, and gradually implement free education for disabled students in high school.
Fifty-second disabled people who need to provide necessary support and reasonable convenience to take the national education examination may register. Educational examination institutions and schools shall provide them in accordance with the relevant provisions of the state.
Article 53 The state encourages social forces to set up special education institutions or donate money to study. Encourage and support private schools or other educational institutions to recruit disabled students.
The local people's governments at or above the county level and their relevant departments shall, in accordance with the relevant provisions of the state, support private special education institutions and private schools that recruit disabled students.
Article 54 The State encourages scientific research in the education of the disabled, organizes and supports the research and application of Braille and sign language, and supports the compilation and publication of special education textbooks.
Article 55 The people's governments at or above the county level and their relevant departments shall adopt preferential policies and measures to support the research and production of special instruments and equipment, teaching AIDS, learning tools, software and other auxiliary articles for the education and teaching of the disabled, and support special education institutions to set up and develop welfare enterprises and auxiliary employment institutions.
Chapter VIII Legal Liability
Fifty-sixth local people's governments at all levels and their relevant departments in violation of the provisions of this Ordinance, failed to perform the relevant duties of education for the disabled, by the people's government at a higher level or its relevant departments shall be ordered to make corrections within a time limit; If the circumstances are serious, informed criticism shall be given, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law.
Fifty-seventh pre-school education institutions, schools, other educational institutions and their staff in violation of the provisions of this Ordinance, one of the following circumstances, the administrative department shall order it to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) refusing to recruit students with disabilities who meet the conditions prescribed by laws and regulations;
(two) discrimination, insult, corporal punishment of disabled students, or laissez-faire discrimination against disabled students, causing physical and mental harm to disabled students;
(3) Failing to reduce or exempt tuition fees or other fees for disabled students with financial difficulties in accordance with relevant state regulations.
Chapter IX Supplementary Provisions
Article 58 The meanings of the following terms in these Regulations:
Integrated education refers to integrating the education of disabled students into general education to the maximum extent.
Special education resource classroom refers to a special classroom equipped with special education and rehabilitation training facilities in ordinary schools.
Article 59 These Regulations shall come into force on May 1 day, 2065.
The Regulations on Education for the Disabled came into effect in May 1. Are special children enrolled in school? Fang Shangjian?
The Regulations on Education for the Disabled have been revised and passed at the 16 1 executive meeting in the State Council, and will come into force on May 17, 2007. In order to implement the regulations and further guarantee the right of school-age disabled children and adolescents to receive compulsory education, the General Office of the Ministry of Education and the General Office of the China Disabled Persons' Federation jointly issued a document on April 20, making comprehensive arrangements for compulsory education for disabled children and adolescents.
Attach great importance to and make overall arrangements.
Compulsory education for disabled children and adolescents is an important part of compulsory education, which is of great significance to the comprehensive popularization of compulsory education for disabled children and adolescents.
All provinces (autonomous regions and municipalities) should attach great importance to it, conscientiously implement the requirements of the newly revised Regulations on Education for the Disabled, formulate specific implementation measures for the categories and degrees of disabled children and adolescents, and make overall arrangements and requirements with compulsory education enrollment.
Seriously organize pre-school registration.
The district and county education administrative departments shall, under the leadership of the local government, jointly with the departments of health, civil affairs and disabled persons' federations, set up an expert committee on education for the disabled, and establish a mechanism for information exchange and enjoyment for disabled children and adolescents; Disabled Persons' Federation shall, on the basis of dynamically updating the information data on the basic service conditions and needs of disabled people in the country, do a good job in the investigation and registration, statistical entry, filing and cataloguing of school-age disabled children and adolescents who have not entered school, timely inform the education administrative department of relevant data and information, and assist in home visits and school mobilization.
Districts and counties should register school-age disabled children in compulsory education according to information such as neonatal disease screening, preschool children's disability screening and disability statistics, so as to fully grasp the number and disability of school-age disabled children.
The school age of disabled children and adolescents is the same as that of local compulsory education, and can be appropriately raised when necessary.
? One person, one case? Implement educational placement
All localities should comply with it? Full coverage, zero rejection? It is required to work out an educational resettlement plan based on the actual situation of disabled children in the county, and do a good job in the resettlement of school-age disabled children and adolescents one by one.
Give priority to children and adolescents with disabilities to receive compulsory education nearby or in designated qualified ordinary schools, and provide professional support to disabled students who need special support in their study and life.
Disabled children and adolescents who cannot receive general education are placed in special education schools, and districts and counties without special education schools are arranged by the municipal education administrative department as a whole.
For disabled children and adolescents who need special care and cannot enter school, compulsory education is implemented by providing home school education or distance education, and it is included in the management of student status.
When necessary, entrust district and county education expert committees to evaluate the ability of disabled children and adolescents to adapt to school life and education, and put forward suggestions on enrollment and placement.
Strengthen conditional guarantee
Plan the construction of special education resource classrooms by districts and counties, allocate resource teachers, and create conditions for ordinary schools to recruit disabled children and adolescents.
In accordance with the standards of special education schools, fully allocate public funds for sending disabled students to schools, implement special education teachers in ordinary schools and undertake regular teachers, and improve the enthusiasm of schools to recruit disabled children and adolescents.
Are you online? Two exemptions and one supplement? On the basis of, improve the level of subsidies to ensure that every disabled child with financial difficulties can go to school.
Increase social propaganda.
All localities should make full use of newspapers, radio, television, internet and other publicity media, vigorously publicize the significance of compulsory education for disabled students, and do a good job in enrollment policies and procedures and answering questions of concern to the masses.
Parents of disabled children and adolescents should be actively mobilized to send their children to school, and disabled children should be guaranteed to receive compulsory education according to law.
It is necessary to advocate the spirit of helping the disabled and mobilize caring enterprises, institutions and people to help disabled students.
After the enrollment work, all localities should summarize the enrollment situation of compulsory education for disabled children and adolescents in the local area, fill in the Summary of Enrollment Situation of Compulsory Education for Disabled Children and Adolescents in 20 17 years, and report it to the Basic Education Department of the Ministry of Education and the Education and Employment Department of China Disabled Persons' Federation before the end of 201KLOC-0.
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