Legislation and Equality in Basic Education for All in China

Abstract

In China, legislation exists which requires compulsory schooling for all students of school age. This article examines the functions of and the constraints on using law to institutionalize equality in basic education. It argues that, in China, law is a last resort, holding governments of various levels accountable. Law can be a device of social justice to promote equity in education by serving as an important mechanism to check and balance the state's power regarding its obligations toward instituting basic education, redistributing public resources, reducing disparities, and promoting equality in compulsory schooling. However, the use of legislation to promote equity in basic education is constrained by economic conditions and other extra-legal factors. This article concludes by offering an explanation of the functions of and constraints on law in the quest for equality in basic education, as well as the implications of China's experience for understanding law and change.

A matter of money? Policy analysis of rural boarding schools in China

“…However, Zhao (2009) argues that the basic education system underwent a complex twist from decentralization to recentralization, particularly since the early 2000s. A public choice perspective helps to shift our attention from the analysis of policy actions performed by government -such as change in educational agenda, law and policy formulation, and administrative reforms (Hannum, 1999;Law and Pan, 2009;Zhao, 2009) -to its hidden intents lying behind policy decisions and implementations. The findings of this study suggest that the Chinese government's narrow vision of development hinders their realization of education's role in building human capabilities, a more fundamental approach to address the long-lasting injustice in Chinese society (Sen, 1999(Sen, , 2009).…”

“…As of 2000, over 80 per cent of primary schools and 64 per cent of lower secondary schools were located in rural areas (Zhang and Zhao, 2006). The issue of educational inequality derived from urban-rural disparity has captured widespread international attention (Brown and Park, 2002;Hannum, 1999;Hannum and Park, 2002;Law and Pan, 2009;Postiglione, 2006). However, limited attention has been given to the establishment of rural boarding schools, one of the most recent policy reforms in China's 9-year compulsory education system.…”

“…The plight of rural boarding schools is deeply embedded in the long-lasting regional inequality and urban-rural disparity in China's basic education system. Research suggests that major causes of these inequalities include a shift of the government agenda from a socialist egalitarian model to a liberal competitive model (Hannum, 1999); legal and policy deficiencies, that is, the loopholes in the original basic education law (Law and Pan, 2009); and reforms of fiscal decentralization (Zhao, 2009). However, much attention has been paid to policy actions performed by government actors and little attention to the intentions embedded in policy decisions and implementations.…”

Single-sex schools VS mixed-gender schools: comparing impacts

“…Legislation and policy changes can play a significant role in promoting educational equality. Governments and educational institutions should enact and enforce laws and policies that promote equal access to education, reduce disparities, and ensure equitable distribution of resources [46]. This requires equal access to education and protect against discrimination, which can help create a more equitable educational system.…”