First of all, we have to talk about the definition of disability. In the "Law of the People's Republic of China on the Protection of Disabled Persons"(2018 edited version), it defines disabled people as "the loss or inability to use certain tissues or functions in terms of psychology, physiology, or human body structure",or "normal people who have completely or partially lost the ability to engage in certain activities in a normal way, including people with visual disabilities, hearing disabilities, speech disabilities, physical disabilities, intellectual disabilities, mental disabilities, multiple disabilities and other disabilities.”
On the Chinese government website, I found the "Practical Assessment Standards for People with Disabilities in China", which is still the 2006 version and has not been updated. It lists six types of disabilities: vision, hearing, speech, intellectual, physical and mental. Among them, mental disability refers to a condition that can be caused by schizophrenia and other mental disorders. The illness lasts for more than one year and has not been cured, and at the same time, there is a certain degree of difficulty in fulfilling family and social responsibilities and traveling. The assessment of mental disability is mainly determined through the following five aspects, communication with informed persons, observation of patients and necessary conversations. 1) Self-care ability in personal life 2) Performance of family life functions 3) Care and responsibility for family 4) Professional labor ability 5) Social activity ability.
According to such definitions and assessment standards, people with disabilities due to ADHD, diabetes, AIDS, autism, etc. will not be able to receive corresponding support. Students with visual, hearing, speech, intellectual disabilities are still main targeted students.
However, to be eligible under IDEA, kids must have a disability that falls under one of the 13 categories IDEA covers, including what’s included in “Law of the People's Republic of China on the Protection of Disabled Persons”, such as deafness, hearing impairment and intellectual disability, but there are various of other categories, including Autism, other health impairment (includes ADHD), learning disability, speech or language impairment and traumatic brain injury. If the child has a disability, and as a result of that needs special education to make progress in school, then he or she is eligible for special education. In Section 504, it protects any student who has “a physical or mental impairment which substantially limits one or more major life activities”, including most kids with learning and thinking differences.
Second, it’s the same in China and the US that schools need to provide special education for children that are eligible. In IDEA, if a child has a qualifying disability, school districts must provide a free appropriate public education (FAPE) to kids with disabilities. And these kids must learn side by side with peers as much as possible(least restrictive environment, or LRE). Schools must offer special education and related services (like speech therapy and counseling) to meet the child’s unique needs. These are provided through an Individualized Education Program (IEP). In "China Regulations on the Education of Disabled Persons" (revised in 2017) Article 24, it also says “formulate individualized education plans that meet the physical and mental characteristics and needs of disabled students and implement individual teaching.”
According to Dr. Robert Closson, the procedure is strict. To make sure support is appropriate, they need to communicate with students, check their assessments, set up IEP meetings(2hr) and set up baseline and goals. The goals should be objective and clear. Not just parents and students will be involved in the meeting, they will have a team to involve in the IEP meeting. The advocates will represent parents and clients. Usually, there are conflicts between the government and parents, because the government focuses on services and support that are not costly, and parents want the best education for their children.
In "China Regulations on the Education of Disabled Persons" (revised in 2017), there’s no detailed information on how to set up an IEP. How to decide if a child is eligible to receive special education, and whether they should be in the inclusive classroom in the public school or in special ed school? It says the education administrative department of the county-level people's government, the health administrative department, the civil affairs department, and the Disabled Persons' Federation jointly establish an expert committee on education for persons with disabilities. It evaluates the physical condition, ability to receive education and adapt to school life of children and teenagers with disabilities of school age, and make recommendations for admission and school transfer. There’s no saying that schools have to give parents a voice in their child’s education as what’s said in IDEA.
References:
Lee, A. (2021) What is The Individuals with Disabilities Education Act (IDEA)?, What is the Individuals with Disabilities Education Act (IDEA)? Available at: https://www.understood.org/en/articles/individuals-with-disabilities-education-act-idea-what-you-need-to-know (Accessed: 18 October 2023).
中华人民共和国教育部(2017). Retrieved from http://www.moe.gov.cn/jyb_sjzl/sjzl_zcfg/zcfg_jyxzfg/202109/t20210922_565679.html
中华人民共和国中央人民政府(2022). Retrieved from https://www.gov.cn/zhengce/content/2022-01/25/content_5670341.htm
中华人民共和国中央人民政府(2018). Retrieved from https://www.gov.cn/guoqing/2021-10/29/content_5647618.htm
How Chinese laws impact the schools' policies and procedures?
Article 21 of Chapter 3 of the "Law of the People's Republic of China on the Protection of Disabled Persons" emphasizes that "people's governments at all levels provide free textbooks to disabled students receiving compulsory education and students from poor disabled families, and provide boarding living expenses and other cost subsidies; Disabled students in education other than education and students from poor families with disabilities will be provided with subsidies in accordance with relevant national regulations." Currently, all special education schools exempt students with disabilities from tuition, miscellaneous fees and textbook fees in compulsory education, and 87.9% of schools exempt students from In addition to accommodation fees, 86.8% of schools provide students with living subsidies, and 4.4% of schools provide transportation subsidies. In the "14th Five-Year Plan" Action Plan for the Development and Improvement of Special Education, there is no clear provision on the amount of student living allowances. Although nearly half of the schools have increased the amount of subsidies in the past three years, there are differences in student living allowances across regions. It is still relatively large, with a difference of 5,720 yuan/student/year between the highest subsidy and the lowest subsidy.
Article 23 (2) “According to the type of disability and ability to accept, adopt general education methods or special education methods.” In the past three years, the types of students in special education schools have changed significantly. The number of students with visual, hearing or speaking disabilities is decreasing, and new types of special education are beginning to emerge. The number of students with intellectual disabilities, autism, cerebral palsy, emotional disabilities, ADHD and other types is increasing in special ed schools.
Article 24 “People’s governments at or above the county level shall reasonably set up educational institutions for persons with disabilities based on factors such as the number, distribution, type of disabilities and other factors of persons with disabilities, and encourage social forces to run schools and donate funds for education.” Currently, most institutions engaged in special education are Private education organizations. Most of the leaders of these institutions are private entrepreneurs and caring people with considerable financial ability. These leaders often have sufficient enthusiasm and patience for special education work, but lack sufficient human resources management experience. Private institutions cannot receive the same subsidies as public institutions. Teachers' salaries are low, their number is seriously insufficient, and their degree of specialization is not high. This further creates a shortage of talents and is not conducive to the management of human resources.
Article 25 of the "Law of the People's Republic of China on the Protection of Disabled Persons" "General education institutions provide education to disabled people who have the ability to receive general education and provide convenience and assistance for their learning." "China Regulations on the Education of Disabled Persons" (revised in 2017) Article 24 “Formulate individualized education plans that meet the physical and mental characteristics and needs of disabled students and implement individual teaching.” In fact, fewer special education schools have formulated individualized education plans for students; Article 16 “County-level people’s governments shall Equip special education schools that implement compulsory education with necessary instruments and equipment for education and teaching, rehabilitation assessment and rehabilitation training for persons with disabilities, and strengthen the construction of special education schools with nine-year compulsory education." Most special education schools have added rehabilitation categories Instruments and equipment are available, but fewer special education schools have carried out rehabilitation training.
Article 3 stipulates that "the education of disabled people should improve the quality of education, actively promote integrated education, and adopt general education methods or special education methods according to the disability categories and acceptance abilities of disabled people, with priority given to general education methods." But in fact, in schools, due to restrictions such as school policies and teacher qualifications, only formal integration has been achieved, but there is a lack of substantive integration.
According to the "Regulations on the Education of Disabled Persons in China (2017 Revised Edition)", if you violate relevant regulations and fail to perform your duties, you will be ordered to make corrections and be punished. In Article 57, if a violation of public security management is constituted, public security management penalties shall be imposed by the public security organs in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law:
(1) Refusing to admit students with disabilities who meet the conditions stipulated in laws and regulations;
(2) Discriminating, insulting, corporally punishing students with disabilities, or allowing discriminatory words and deeds against students with disabilities, causing physical and mental harm to students with disabilities;
(3) Failure to reduce or exempt tuition fees or other fees for disabled students with financial difficulties in accordance with relevant national regulations.
References:
阮瑜.(2023).特殊儿童随班就读的困境及解决策略. 小学教学研究(02),94-96.
马小燕.(2023).信息化视域下特殊教育学校人力资源管理工作研究.中国信息化(5),85-86
汪红烨,杨小丽. (2022).特殊教育学校发展的现状调查与对策建议. 教育教学论坛(49),5-8.
杨晓荣,岳磊.(2023). 残疾儿童随班就读现状分析及对策研究. 甘肃教育(17),61-65.
中华人民共和国教育部(2017). Retrieved from http://www.moe.gov.cn/jyb_sjzl/sjzl_zcfg/zcfg_jyxzfg/202109/t20210922_565679.html
中华人民共和国中央人民政府(2022). Retrieved from https://www.gov.cn/zhengce/content/2022-01/25/content_5670341.htm
中华人民共和国中央人民政府(2018). Retrieved from https://www.gov.cn/guoqing/2021-10/29/content_5647618.htm