State Council Amends Education Law, Bans Arbitrary Fees

August 31, 2006

The Standing Committee of the National People's Congress (NPCSC) enacted an amendment to the Compulsory Education Law on June 29, to take effect September 1. Article 2 of the amended law bans authorities from collecting tuition or "arbitrary" fees for compulsory education. But article 61 leaves the definition of such fees unclear, stating that the State Council will issue regulations determining the administration of "arbitrary" fees at a later date.

The Standing Committee of the National People's Congress (NPCSC) enacted an amendment to the Compulsory Education Law on June 29, to take effect September 1. Article 2 of the amended law bans authorities from collecting tuition or "arbitrary" fees for compulsory education. But article 61 leaves the definition of such fees unclear, stating that the State Council will issue regulations determining the administration of "arbitrary" fees at a later date. Chinese schools charge students additional fees, ostensibly for school supplies, bedding, uniforms, or other items, to make up for inadequate school budgets resulting from a lack of local revenue.

The amendment follows central government policy statements that make educational fee reform a top priority for 2006. The December 31, 2005, Central Party Committee and State Council Opinion on Promoting the Construction of a New Socialist Countryside made the elimination of additional schooling fees for rural students in western China by 2007 a top policy goal. Premier Wen Jiabao and other high-level government officials called for measures to prohibit schools in western China from charging “arbitrary” fees during 2006 and 2007, according to a March 5 China Court Network article. Chinese authorities have pledged to spend an additional 218 billion yuan to improve rural compulsory education before 2011, according to a June 30 China Finance and Economics Daily article reposted on the Communist Youth League Web site. National authorities have attempted to address problems of corruption and misuse of rural educational funds by establishing a system of special central funds, the details of which are set out in an April 6 joint circular issued by the ministries of education and finance.

Chinese education officials have suggested these measures will not eliminate "arbitrary" fees in urban areas. Vice Minister of Education Chen Xiaoya said that central authorities would be unable to assume the financial burden necessary to eliminate "arbitrary" fees in urban areas, and called on local authorities to make their own arrangements, according to a June 30 Xinhua article. Vice Minister Chen also noted that relevant laws and regulations allowed local authorities to charge fees for educational materials, textbooks, and (in remote areas) boarding for students.