A quick look at China’s Regulations of Education for Disabled Persons (revised)

In May 2017, the revised Regulations of Education for Disabled Persons (SC, 2017) finally came into effect. The issue of the policy triggered much attention because it explicitly stated the agenda to promote inclusive education. In fact, it has been a long wait especially for families and the disability community since its draft was released for public consultation in 2013, for which I also submitted several suggestions on ensuring disabled children’s equal opportunities of participation in regular schools, promoting children’s voices in decision-making, and defining what ‘inclusive education’ means.

The Regulation, also the only national education policy related to children with impairments, was first issued back in 1994 shortly after China endorsed the Salamanca Statement (UNESCO, 1994). So, what is new in the revised version and what remains the same? Here are some examples.

The new version, for the first time, states that ‘…any discrimination in education against disability is not allowed’ (Article 2). The priority in developing education for disabled children and adults remains unchanged as ‘…combining universalising and improvement with focus on universalising, safeguarding compulsory education, emphasising vocational education, actively developing early years education, and gradually developing senior secondary education and above’ (Article 3). A new statement is added that it ‘…should improve education quality and actively promote inclusive education’ (Ibid.). ‘Inclusive education’ is given its definition as ‘…including the education for disabled students in regular education to its most extent’, which seems to be rather confusing. Placement in regular education is ‘a prioritised choice’ compared to special education (referring to special school education), which in the older version was neutrally listed as one of the options. However, the decision over regular/special placement is still based on ‘a disabled person’s disability category and ability to receive education’ (Article 3). Similarly, the admission of disabled children into regular schools still depends on one’s ability to ‘adapt to learning and life in regular schools and receive regular education’ (Article 17).

In addition, local governments are encouraged to open special education resource classrooms in regular schools, in order to recruit disabled children (Article 16). This appears to be a different strategy than before when more special schools were opened, however, resource classrooms (which are also opened in regular schools in cities), might reinforce marginalisation within regular schools as found in the Imagining Inclusive Schooling research (see Summary Report). Guidance for regular schools is included such as ‘…safeguarding disabled students’ equal participation in learning and activities’ (Article 22) and ‘…using regular education curriculum, standards and textbooks but with flexible adjustments in requirements’ (Article 23). Nevertheless, schools with relatively ‘more’ disabled students (without specifying how many) can set up special classes.

Disabled children’s participation in decision-making is affirmed for the first time mentioned but only in the Article 21, when there are disputes over placement. Under such circumstances, a committee of disability education experts will evaluate a disabled child’s physical condition, ability to receive education, and ability to adapt to learning and school life. Then the LEAs will consider the committee’s advice, schools’ status, and the child and parents (or carers)’ willingness to make a final decision. Parent (carers)’s participation is further mentioned in developing Individual Educational Plans but only when necessary (Article 24).

In all, although the new policy shows certain progress in addressing disabled people’s rights to education, it is still mainly underpinned by a medical/individual model of disability, that a child’s condition of impairments will determine one’s education provision. It also remains a question about the role of resource classrooms. Will they help with children’s inclusion or instead become segregated space within regular schools? Surely it is early days, but we hope there will be better monitoring and evaluation of its implementation and effects.

UNESCO. (1994) The Salamanca Statement and Framework for Action on Special Needs. Paris: UNESCO.

State Council. (2017) Regulation of Education for Disabled Persons (revised). Beijing: SC.

* State Council. (2017) Regulation of Education for Disabled Persons (revised). Beijing: SC.

UNESCO. (1994) The Salamanca Statement and Framework for Action on Special Needs. Paris: UNESCO.