Schools may not refuse enrollment for children with disabilities; those unable to attend receive in‑home instruction arranged by the education bureau

14. Schools may not refuse enrollment for children with disabilities; those unable to attend receive in‑home instruction arranged by the education bureau

Cost: No expense is required. A single application must be submitted, and an evaluation may be necessary. If a school refuses, you must escalate the matter to the local education bureau.

In plain terms: The regulations clearly state that preschools and schools at all levels must not deny enrollment to eligible children with disabilities. This applies to regular vocational schools as well. For children who need personal care and cannot attend school, county‑level education authorities must arrange in‑home instruction or distance learning and include them in the official student registry. Decisions on admission and transfers are made by an expert committee on disability education appointed by the county education bureau, not by the schools themselves.

Benefit: Article 7 of the Regulations on Education for Persons with Disabilities reads: “Preschools, schools at all levels, and other educational institutions shall provide education for persons with disabilities in accordance with these regulations and relevant national laws; they may not refuse enrollment to persons with disabilities who meet legal requirements.” Article 29 adds: “Regular vocational schools may not refuse admission to persons with disabilities who satisfy the stipulated admission criteria, and regular vocational training centers must actively enroll them.” The regulations further require that county governments arrange in‑home instruction or remote learning for eligible children who need care and cannot attend school, while also maintaining their enrollment records. Article 20 mandates that county education authorities, together with health, civil affairs agencies, and disability organizations, form an expert committee comprising educators, psychologists, rehabilitation specialists, and social workers to assess each child’s health, educational capacity, and ability to adapt to school life; the results are confidential. Article 23 permits some flexibility in academic expectations for disabled students attending regular classes. Article 52 allows applicants to request reasonable accommodations for national examinations (effective 1 May 2017).

Evidence grade: A

Sources: State Council of China (2017). Regulations on the Education of Disabled Persons (Article 7, Article 20, Article 23, Article 29, Article 52). <https://www.gov.cn/zhengce/zhengceku/2017-02/23/content_5170264.htm>

Notes: A school’s verbal claim that “we lack the facilities” is not binding; you must obtain a written response and then approach the county education bureau. The evaluation is conducted by the expert committee appointed by the bureau. The clause in Article 23 about flexible learning standards is valuable when a school attempts to expel a child on academic grounds. Guidance on documenting bullying and the required school procedures can be found in Section 30, Item 3 (School bullying). Information on reasonable accommodations for college entrance exams appears in Section 13 (Reasonable accommodations). This provision benefits your child directly.