The right of a disabled child to education. Rights of a disabled child at school: what are provided for and how are they implemented?
Each state and municipal secondary school is obliged to admit all children over 8 years of age and living in the territory assigned to it. (Law of the Russian Federation “On Education” dated 01/01/01 N 3266-1, as amended on 07/25/2002, paragraph 1 of Article 16 and paragraph 2 of Article 19 Letter of the Ministry of Education of the Russian Federation dated 01/01/01 N in/14-06 “On violations when admitting children to the first grades of general education institutions”)
COMMENT: In accordance with this rule, a comprehensive school must accept all children, regardless of their health status. Therefore, the school does not have the right to refuse to accept a child on the grounds that he is disabled. However, it should be remembered that a general education school is not obliged to create special conditions for the education of a disabled child in the form of introducing a special curriculum for him (for example, developed for teaching mentally retarded children), attracting speech pathologists, etc. Private schools are not required to accept disabled children, but have the right to do so.
Disabled children have the right to study in special (correctional) schools with parental consent. They are sent to special schools by educational authorities based on the conclusion of the psychological, medical and pedagogical commission. (Law of the Russian Federation “On Education” dated 01.01.01 N 3266-1, as amended on 07.25.2002, paragraph 10 of Article 50)
Disabled children have the right to be educated at home with the consent of their parents in the presence of a conclusion from a medical institution. (The procedure for raising and educating disabled children at home and in private educational institutions, as well as the amount of compensation for the costs of parents (legal representatives) for these purposes, approved by Decree of the Government of the Russian Federation of 01.01.01 N 861, paragraphs 1 and 2.)
COMMENT: According to the two rules above, disabled children are sent to special schools or taught at home only with the consent of their parents. Therefore, the choice of these forms of education is the right, not the responsibility of parents. No one has the right to force parents to choose these forms of education.
Parents have the right to educate a disabled child at home independently. Parents (legal representatives) with disabled children who raise and educate them at home independently are compensated by educational authorities for costs in the amounts determined by state and local standards for financing the costs of education and upbringing in a state or municipal educational institution of the appropriate type and type.
(Law of the Russian Federation “On Education” dated 01/01/01 N 3266-1, With amendments as of July 25, 2002, paragraph 1 of Article 10; The procedure for raising and educating disabled children at home and in non-state educational institutions, as well as the amount of compensation for the costs of parents (legal representatives) for these purposes, approved by Decree of the Government of the Russian Federation of July 18, 1996 N 861, paragraph 8.)
COMMENTS: In this case we are talking about family education. It must be distinguished from homeschooling. With home education, teachers from the school to which the child is assigned come to his home for free and conduct classes with him, and also carry out intermediate and final certification
his knowledge. In this case, parents receive only compensation for the child’s food (see below), and the work of teachers is paid by the state. In family education, parents themselves organize the learning process for their child. They can teach the child themselves or hire a teacher for these purposes. At the same time, the state pays them compensation in the amount of state and local standards for the costs of training and raising a child in a state or municipal educational institution. It should be borne in mind that if, in accordance with the conclusion of the psychological-medical-pedagogical commission, a child is recommended to study in a special (correctional) school, then compensation for family education should be paid in the amount of the standard costs for his education in such a school. The fact is that the cost standards for education in special schools are higher than in regular schools. In case of family education, a tripartite agreement is concluded between parents, the local education authority and the school or special school (if the child’s education is financed according to the standards of the special school). Under this agreement, local education authorities pay compensation, parents organize the child’s education, and the school, by agreement with the parents, conducts intermediate and final certification of the child. In case of unsatisfactory certification, the contract may be terminated and compensation must be returned. It should be borne in mind that the procedure for family education of disabled children in the part in which it differs from family education of ordinary children (payment of increased compensation, control over family education by special schools, etc.) is currently not regulated by regulations .
For disabled children who are graduates of grades IX and Xl (XII), state (final) certification is carried out in an environment that excludes the influence of negative facts on their health, and in conditions that meet the physiological characteristics and health status of disabled children. State (final) certification for children with disabilities can be carried out ahead of schedule, but not earlier than May 1. If necessary, written exams can be replaced with oral ones, and the number of exams taken can be reduced to two written ones by agreement: with the Moscow Committee of Education (based on submissions from district education departments ) - for graduates of XI (XII) grades and with the district education department - for graduates of IX grades.
(Regulations on the state (final) certification of graduates of classes IX and XI (XII) of general educational institutions in Moscow, approved by Order of the Moscow Committee of Education dated January 1, 2001 N 155, paragraph 2.2)
COMMENTS: As a general rule, 9th grade graduates take at least 4 exams (written exams in Russian and algebra, as well as two exams of the student’s choice from the subjects studied in 9th grade). Graduates of classes pass at least 5 exams (written in algebra and elementary analysis and literature, as well as three exams of the student’s choice from among the subjects studied in 10th grade). Examinations in selected subjects can be taken either in written or oral form. The form of examinations in a specific subject is established by the Ministry of Education and the school. Disabled children can take all exams established for healthy graduates, but at the same time require replacing the written handicap for passing the exams with an oral one. For disabled children, the number of exams taken may also be reduced to two written ones. If the number of exams is reduced, the written form of exams taken may also be replaced by an oral one. Final exams for disabled children must be
is carried out in an environment that excludes the influence of negative factors on their health, and in conditions that meet the physiological characteristics and health status of disabled children. This may be expressed in taking final exams in the school’s medical office separately from other students or at home, etc. Issues related to the creation of special conditions for passing final exams are resolved in relation to each disabled child individually. The established rules for passing final exams apply to state, municipal and private schools.
Disabled children studying in special schools and general education schools for sick and disabled children (home-schooling schools) are provided with two free meals a day. As an exception, compensation for meals is paid to the specified disabled children who do not eat at school (schooled at home) in the amount of the cost of two meals a day - 37 rubles per day.
(Decree of the Moscow Government “On the results of the implementation of measures for the social protection of Muscovites in 2001 and a comprehensive program of measures for the social protection of Muscovites in 2002” dated 01.01.01 N 65-PP, paragraph 3.5; Order of the Moscow Department of Education “On catering students in general educational institutions of Moscow in the 2002/03 academic year" dated 01/01/01 N 745, paragraphs!.3 and 1.4)
COMMENTS: The specified procedure for payment of compensation is valid for the 2002/03 academic year.
Disabled children study in children's music, art schools and art schools of the Moscow Committee for Culture system free of charge.
(Temporary procedure for tuition fees in children's music, art schools and art schools of the Moscow Committee for Culture system, approved by Order of the Culture Committee of May 6, 2002 N 205, paragraph 4)
2. The right to receive secondary and higher vocational education
Disabled children and disabled people of groups I and II have the right to enter, without competition, state and municipal institutions of higher and secondary vocational education, subject to successful passing of exams and the absence of contraindications for studying in these institutions in the individual rehabilitation program for a disabled person.
(Law of the Russian Federation “On Education” dated January 1, 2001 N 3266-1, as amended on July 25, 2002, paragraph 3 of Article 16)
COMMENT: In accordance with this rule, a disabled person must be enrolled in an educational institution if he has passed the entrance exams with a “satisfactory” grade. Thus, a preferential procedure for admission to educational institutions has been established for disabled people, since for other persons there is a competition - the one who best passes the entrance exams is enrolled. Private educational institutions are not obliged to establish such preferential admission procedures, but have the right to do so. The right of a disabled person to receive secondary and higher education (as opposed to secondary education) may be limited, since his individual rehabilitation program may contain contraindications for his education in certain educational institutions.
For disabled people of groups I and II who study free of charge at state and municipal universities full-time (full-time study), the amount of scholarships awarded increases by 50 percent.
(Federal Law of January 1, 2001 N 125-FZ “On Higher and Postgraduate Professional Education,” as amended on June 25, 2002, paragraph 3 of Article 16)
COMMENT: The meaning of this rule is that the amount of any scholarships awarded to the specified category of disabled people should be increased by 50 percent compared to the amount of scholarships awarded to other students on the same basis as to disabled people. This rule applies; only for disabled people, in universities.
Disabled people of groups I and II and disabled combat veterans who study for free in state and municipal institutions of secondary and higher vocational education have the right to receive a social scholarship, which is paid regardless of academic success. (Model regulations on scholarships and other forms of financial support for students of state and municipal educational institutions of higher and secondary vocational education, graduate students and doctoral students, approved by Decree of the Government of the Russian Federation of 01.01.01 N 487, paragraphs 7 and 24)
COMMENT: The most common types of scholarships awarded to students are academic and social scholarships. An academic scholarship is paid to all students who pass exams with “good” and “excellent” grades. The social scholarship is paid only to certain categories of students and does not depend on the success of their studies.
(Letter of the State Committee for Higher Education of the Russian Federation dated 01.01.01 N in/19-10 “On charging students for accommodation in dormitories and other utilities”)
COMMENTS: Currently, educational institutions have the right to independently set the amount of fees for living in their dormitories. The rule on exempting disabled people from such fees is advisory in nature, i.e. educational institutions may not comply with this requirement.
Disabled people as a result of the Chernobyl disaster have
without competition, enter state institutions of primary, secondary and higher vocational education with the provision of a hostel if needed;
enroll in the preparatory departments of state universities, regardless of the availability of free places, with the obligatory provision of a hostel if they need it.
scholarships for these disabled people are increased by 50 percent (Law of the Russian Federation “On the social protection of persons exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant” dated January 1, 2001 N 3061-I, as amended on July 25, 2002, paragraph 18 of Article 14)
COMMENTS: The peculiarities of these rules are that they apply to all disabled people as a result of the accident at the Chernobyl nuclear power plant, regardless of the disability group. But at the same time, benefits are provided only upon admission to state educational institutions. Also, the scholarship for these disabled people increases by 50 percent if they are students of not only higher education institutions, but also secondary vocational education institutions.
Disabled soldiers have the right to enroll, without competition, in state institutions of secondary and higher vocational education, as well as in training courses for relevant professions.
(Federal Law of January 1, 2001 N 5-FZ “On Veterans” as amended on July 25, 2002, paragraph 15 of Article 14)
COMMENTS: The features of this benefit are the same as for people with disabilities due to the accident at the Chernobyl nuclear power plant. It applies to all war invalids, regardless of disability group, and does not apply to admission to municipal and private educational institutions.
Disabled persons in entrance exams V The university is given additional time to prepare an oral response and complete written work, but not more than 1.5 hours.
(Letter of the Ministry of Education of the Russian Federation dated January 1, 2001 N 27/502-6 “On the conditions for admission and training of disabled people in institutions of higher professional education”)
Disabled students admitted to the university are trained according to individual plans approved by the rector, as well as according to the form of study proposed by the university, including external studies. For each semester, the dean of the faculty approves an individual consultation schedule for a disabled student, a schedule for taking tests and exams, which in some cases provides for the possibility of teachers visiting disabled students at home.
(Instruction of the Ministry of Social Security of the RSFSR “On expanding opportunities for obtaining higher education for people with disabilities” dated September 5, 1989 N 1/16/18)
Disabled students admitted to secondary specialized educational institutions are trained according to an individual schedule approved by the director and providing, if necessary and possible, for teachers to visit students at their place of residence, as well as according to the proposed form of education, including external studies.
(Instruction of the Ministry of Social Security of the RSFSR “On expanding opportunities for obtaining secondary specialized education for people with disabilities” dated November 3, 1989 N 1-141-U)
EDUCATION AND INDIVIDUAL PROGRAM FOR REHABILITATION OF DISABLED PERSONS (IPR)
The IPR must provide for the disabled person to receive secondary education.
IPR may provide for the receipt of secondary and higher vocational education by a disabled person. In accordance with the IPR, within the framework of the regional basic rehabilitation program, a disabled person is provided free of charge with technical means that make his life and study easier.
The IPR is mandatory for execution by state authorities, local governments and organizations of all legal forms and forms of ownership.
(Federal Law “On Social Protection of Disabled Persons in the Russian Federation”
Federation" dated 01.01.01 N 181-FZ, as amended
In the Russian Federation, the rule on universal secondary education has been approved at the legislative level. This means that the authorities are obliged to take steps to organize the educational process for all children, which includes children with disabilities.
The organization of education for disabled children is checked by the prosecutor's office. For violating the law in this matter, the school director may be punished.
Legislative basis of the issue
Amendments to the legislation regarding the education of children with disabilities were introduced in 2012. So, now Art. 79 Federal Law No. 273 obliges educational institutions to organize the process taking into account the individual rehabilitation program for a young citizen with a disability. Education should be based on the principles of inclusiveness and adaptability.
The rights of people with disabilities to education and other preferences are guaranteed in the following laws:
- No. 181-FZ dated November 24, 1995;
- No. 273-FZ dated 12/29/12.
In addition, the Russian Federation has acceded to the Convention on the Rights of Persons with Disabilities. This international document requires the parties to the treaty to:
- inclusion of all children with disabilities in the full general educational process within the limits of their capabilities;
- organizing accessible training for them at their place of residence;
- providing reasonable accommodation that takes into account individual needs;
- taking individual support and socialization measures.
Conditions for organizing training
- by visiting educational institutions, if the child is able to do so;
- home education, including family, distance and home education.
Conditions for study are created for young citizens of the Russian Federation in accordance with age parameters.
They are described in the table:
| Training link | Created conditions |
| Junior (kindergarten) | Creation of specialized preschool institutions and groups |
| Limitation of the number of pupils in one group (from 15 to 3 people) | |
| Regulating the number of hours of classes taking into account the capabilities of students | |
Providing preschool educational institutions with specialists:
|
|
| Consulting parents on education issues | |
Creating infrastructure accessibility:
|
|
| Average | Development of specialized programs |
| Organization of activities of special boarding schools for the blind, for example | |
| Providing students with specialized literature and textbooks | |
| Involving home-based students in festive events within the institution | |
| Providing quality medical care | |
| Increasing the infrastructure accessibility of buildings | |
| Higher and secondary specialized | Providing preferences for enrollment in the first year |
| Providing a remote form of knowledge acquisition |
In order to socialize young children, the following principles are applied in educational programs:
- Integrations. It is assumed that the student does not necessarily have to attend classes with peers. He is enrolled in a class that is suitable for him in terms of load and form of presentation of the material.
- Inclusion. This refers to the redevelopment of premises in order to meet the needs of all students.
For information: in the Russian Federation there are still few educational institutions that are fully designed for the convenience of people with disabilities. Parents have to independently care for children with physical disabilities and purchase:
- comfortable mobile chairs;
- suitable stationery;
- literature and more.
Training delivery options
- creating conditions in educational institutions for convenient attendance of classes by disabled people and their comfortable communication with peers;
- training specialists to work with children of doctors and teaching staff.
Children with disabilities are provided with additional learning opportunities. If a child is unable to attend class for medical reasons, his or her studies will be organized differently. Namely:
- in the form of family education;
- remotely;
- home-based education.
Children studying outside the classroom are encouraged to communicate with their peers. This is done according to an individual plan. Thus, disabled people can visit:
- individual lessons;
- clubs and extra classes;
- mass entertainment events.
Home education
A child who is unable to attend class is given the opportunity to learn at home. The decision is made by local authorities (education department). The parent must provide the following documents:
- an application requesting the provision of educational services at home;
- a medical and social examination certificate confirming the assignment of disability to the minor;
- ITU conclusion on the impossibility of attending face-to-face classes in the classroom.
Hint: Based on the decision of local authorities, the school administration:
- concludes an agreement with parents on the provision of services at home;
- enrolls the child as a student;
- prepares the necessary documentation;
- draws up a curriculum;
- appoints teachers to implement it.
A student with medical restrictions is taught the general education course in full. Based on the results, the student is certified as an ordinary school student. Teachers visit him at home and conduct classes in the presence of his parents. By agreement, lessons can be rescheduled to another time. Upon completion of the course, he receives a certificate.
Distance learning
This type of knowledge acquisition is only in the process of development. It became possible after the country was covered by the Internet. Currently, there are several types of distance learning:
- web, chat classes;
- teleconferences;
- telepresence;
- online lessons.
The remote form of work of educational institutions allows people with poor health to:
- take a general education course and receive a certificate, regardless of:
- financial situation of the family;
- the distance of the educational organization from the student’s place of residence;
- gain knowledge at a convenient time and in a comfortable environment using the advantages of computer technology;
- obtain additional knowledge, including professional knowledge;
- take a preparatory course for entering a university;
- develop the student’s creative abilities, including using collective experience;
- take part in research activities;
- receive expert advice:
- psychologists;
- doctors;
- teachers and others.
The experience of remote interaction with teachers will help a student with health limitations to subsequently enter a university and obtain a specialty. Higher education institutions also organize the learning process using modern technological advances.
List of privileges for disabled people
The Russian Federation has established preferences and benefits for people with disabilities. Parents of children with disabilities can count on the following privileges:
- Admitting a child to kindergarten without following a priority order. To do this, you must submit an application and attach an ITU certificate to it.
- Reducing the amount of the fee for a child’s attendance at a preschool institution. This privilege is not granted in all regions of the country, based on decisions of regional authorities.
- Compensation for a minor’s studies at home. According to the law, the budget allocates funds for the education of all minors from the age of 6 years and 6 months. If parents hire a specialist to tutor their child, regional authorities can reimburse the costs of receiving family education. Not every subject of the country has adopted the corresponding law, which means that local authorities can compensate for receiving education at home, or they may not do so. To date, such a program has been adopted in the Perm region, Omsk region, Sverdlovsk region, and Moscow.
- Comprehensive rehabilitation of a child in an educational institution. In particular, specialists organize work on the socialization of the child. That is, they help him establish good relationships with his peers.
- Benefits when a young person enters a university. Applicants with disabilities are enrolled in the first year without competition within the established quota if they successfully pass the entrance examination. In addition, disabled people of groups I and II, disabled children have the right to be admitted to preparatory departments at federal universities. To receive a preference, you must indicate the preferential category in your application for admission to the university. The document is accompanied by an ITU certificate confirming the assignment of a disability group. The benefit applies to disabled children, disabled people of groups I and II, and disabled since childhood.
Problems of teaching children and disabilities in Russia
Currently, there are two fundamentally significant problems regarding the organization of education for children with disabilities. They are:
- Insufficient budget funds. For a long time, the authorities did not pay enough attention to the development of infrastructure convenient for people with disabilities. This led to the need to restructure educational institutions:
- there are no ramps in the buildings;
- doorways are too narrow for wheelchair users;
- institutions are located in multi-storey buildings, and children with physical disabilities cannot always climb the stairs to the office.
- Formation of a tolerant attitude among teenagers towards people with disabilities. Health problems cause aversion among children and adolescents. Children with disabilities often face negative attitudes from their peers. This leads to their development:
- self-doubt;
- low self-esteem;
- depressive state.
The first problem can be solved through the joint efforts of federal and local authorities. Educational institutions are allocated money to carry out appropriate reconstruction. Specialized ones are created for disabled people:
- kindergartens;
- groups in preschool institutions;
- schools.
The second problem takes longer to resolve. The following work is being carried out at the state level:
- specialists are being trained;
- public organizations and volunteer groups are supported;
- funds are allocated to attract young people with physical disabilities to social activities;
- a tolerant attitude towards disabled people is formed in children and adolescents.
“We simply must create a normal education system for people with disabilities, so that children can study among their peers in regular general education schools, and from an early age do not feel isolated from society.” YES. Medvedev.
Constitution of the Russian Federation; the highest normative legal act of the Russian Federation. Adopted by the people of the Russian Federation on December 12, 1993. normative legal act - Federal Law from the Federal Law "On Education in the Russian Federation" (as amended); - Order of the Ministry of Education and Science of the Russian Federation dated August 29, 2013 1008 “On approval of the procedure for organizing and implementing educational activities in additional general education programs”;
Federal Law from the Federal Law "On Basic Guarantees of the Rights of the Child in the Russian Federation" (as amended from); - Federal Law from the Federal Law "On Social Protection of Disabled Persons in the Russian Federation" (as amended from); - Decree of the President of the Russian Federation "On the National Strategy of Action in the Interests of Children for the Years"; - Decree of the President of the Russian Federation "On Additional Measures of State Support for Persons with Disabilities" (as amended by);
Decree of the Government of the Russian Federation "On approval of the Procedure for raising and educating disabled children at home and in non-state educational institutions" (as amended by); - Letter from the Ministry of Education and Science of Russia from “On recommendations for organizing activities to create conditions for distance learning for disabled children who need home education in a constituent entity of the Russian Federation.”
Letter from the Ministry of Education and Science of Russia dated AF-150/06 “On creating conditions for children with disabilities and disabled children to receive education”; - Concept for the development of additional education dated September 4, 2014; - Law of the Kabardino-Balkarian Republic dated April 24, 2014. N 23-РЗ "On education". - State program of the Russian Federation “Accessible environment” for years”;
National standard of the Russian Federation "Social services to the population. Quality of social services. General provisions. GOST R", approved. Resolution of the State Standard of Russia dated Art. - Universal Declaration of Human Rights (1948); - Declaration of the Rights of the Child (1959); - UN Declaration on the Rights of Mentally Retarded Persons (1971); - UN Declaration on the Rights of Persons with Disabilities (1975);
Inclusive education is a comprehensive process of ensuring equal access to quality education for children with special educational needs by organizing their education in general education institutions based on the use of personality-oriented teaching methods, taking into account the individual characteristics of the educational and cognitive activities of such children.
Principles of inclusive education: - accept students with disabilities like any other children in the class; - include them in the same types of activities, although setting different tasks; - involve students in collective forms of learning and group problem solving; - use other strategies for collective participation - games, joint projects, laboratory, field research, etc.
The Federal Law “On Education in the Russian Federation” was signed by the President of the Russian Federation on December 29, 2012. The Law regulates all the key, basic issues of organizing inclusive education. Currently, the main task is to adequately develop the provisions of the law in by-laws in order to create a legal framework for the implementation of domestic scientific developments related to the inclusive education of citizens with disabilities.
In accordance with paragraph 1 of Art. 5 of the Law in the Russian Federation guarantees the right of every person to education. In paragraph 2 of Art. Article 3 establishes that one of the basic principles of state policy and legal regulation of relations in the field of education is to ensure the right of every person to education and the inadmissibility of discrimination in the field of education*.
Based on these provisions, in paragraphs. 1 clause 5 art. Article 5 states that in order to realize the right of every person to education, federal government bodies, government bodies of constituent entities of the Russian Federation and local governments create the necessary conditions for persons with disabilities to receive, without discrimination, quality education, for the correction of developmental disorders and social adaptation, and for the provision of early correctional assistance based on special pedagogical approaches and the most suitable languages for these persons, methods and means of communication and conditions that are most conducive to obtaining an education of a certain level and a certain orientation, as well as the social development of these persons, including through the organization of inclusive education for persons with disabilities limited health capabilities.
The Law on Education (Clause 16, Article 2) defines the concept of “student with disabilities”. This is an individual who has deficiencies in physical and (or) psychological development, confirmed by a psychological-medical-pedagogical commission and preventing them from receiving education without the creation of special conditions. It should be noted that this term applies to both persons recognized as disabled and persons who are not disabled. There may also be people with disabilities (mostly those suffering from somatic diseases) who are not students with disabilities.
According to paragraph 4 of Art. 79 of the “Law on Education”, the education of students with disabilities can be organized both together with other students, and in separate classes, groups or in separate organizations carrying out educational activities.
The Law on Education for the first time enshrines the concept of inclusive education in federal legislation (clause 27, article 2). This is to ensure equal access to education for all students, taking into account the diversity of special educational needs and individual capabilities.
According to paragraph 8 of Art. 79 of the Law on Education, vocational training and vocational education of students with disabilities are carried out on the basis of educational programs, adapted, if necessary, for the training of these students.
Adapted program is an educational program adapted for teaching certain categories of people with disabilities, including those with disabilities, i.e. educational program of special (correctional) educational institutions of types I-VIII (Federal Law, Article 2, paragraph 28).
In accordance with paragraph 2 of Art. 79 of the Law, general education of students with disabilities is carried out in organizations that carry out educational activities according to adapted basic general education programs. In such organizations, special conditions are created for these students to receive education.
Special conditions - According to paragraph 3 of the same article, special conditions for obtaining education by students with disabilities are understood as the conditions for the education, upbringing and development of such students, including the use of special educational programs and methods of teaching and upbringing, special textbooks, teaching aids and didactic materials, special technical teaching aids for collective and individual use, providing the services of an assistant (assistant) who provides students with the necessary technical assistance, conducting group and individual correctional classes, providing access to the buildings of organizations carrying out educational activities, and other conditions without which it is impossible or It is difficult for students with disabilities to master educational programs.
Also, according to paragraph 11 of Art. 79 when receiving education, students with disabilities are provided with free special textbooks and teaching aids, other educational literature, as well as the services of sign language interpreters and sign language interpreters.
Parents (legal representatives) of minor students have the right to be present during the examination of children by a psychological, medical-pedagogical commission, discussion of the results of the examination and recommendations received as a result of the examination, and to express their opinion regarding the proposed conditions for organizing the education and upbringing of children. Parents (legal representatives) of minor students are obliged to ensure that their children receive a general education.
The Law on Education establishes (clause 2 of Article 34) that students have the right to be provided with conditions for learning, taking into account the characteristics of their psychophysical development and health status, including receiving socio-pedagogical and psychological assistance, free psychological, medical and pedagogical correction . Corresponding to this right is the obligation of teaching staff (clause 6, clause 1, article 48) to take into account the characteristics of the psychophysical development of students and their state of health, comply with the special conditions necessary for receiving education by persons with disabilities, and interact, if necessary, with medical organizations.
Children with disabilities are children with various mental or physical abnormalities that cause general developmental disorders that do not allow children to lead a full life. These are children whose health condition prevents them from mastering educational programs outside of special conditions of education and upbringing.
An individual rehabilitation program for a disabled person is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of organizational, legal forms and forms of ownership. However, for the disabled person himself, the IRP is of a recommendatory nature; he has the right to refuse one or another type, form and volume of rehabilitation measures, as well as the implementation of the program as a whole
Directions for implementing the IPR: - Organization of constant support during the learning process by a special assistant (a child may need both constant support and support for the adaptation period); - Psychological and pedagogical support of the educational process of a disabled child; - Organization of education for a disabled child according to an individual curriculum.
“On the state program of the Russian Federation “Accessible environment” for the years” Government Decree of March 17, 2011 175 Target indicators and indicators of the Program: - the proportion of educational institutions in which a universal barrier-free environment has been created, allowing for joint education of people with disabilities and people without developmental disorders, in the total number of educational institutions. - One of the priority directions of state policy should be the creation of conditions for providing disabled children, taking into account the characteristics of their psychophysical development, equal access to quality education in general education and other educational institutions implementing educational programs of general education (hereinafter referred to as regular educational institutions), and taking into account conclusions of psychological, medical and pedagogical commissions.
The health impairment must be:
- persistent;
- caused by disease, injury or defect;
- obvious, i.e. there is a complete/partial loss of self-care or cannot communicate, control themselves, or learn.
A child is considered disabled from the moment his status is registered and, as a result, he receives a pension certificate. We have already written in detail about the rights of disabled people of group 1 in Russia.
For education
Article 19 of the Federal Law of November 24, 1995 N 181-FZ The state ensures the necessary rights of disabled children to receive education, which is accessible to the public. The following types of education are provided free of charge in state and municipal institutions:
- preschool education (kindergarten);
- general education: primary, basic, secondary (school: 1-4, 5-9, 10-11 grades);
- secondary vocational education (technical school, college);
- higher education (institutes, universities, academies).
General and secondary vocational education is carried out according to adapted and/or individual educational programs for the rehabilitation of disabled people.
Separately, it is necessary to say about the education of disabled children in schools. Depending on the nature of the disability, children can study both in regular schools, where they should be provided with psychological and pedagogical support, and in special correctional schools. If there is no correctional school in your region or the child is unable to attend school due to health reasons, parents choose one of three options:
- Training at the Distance Learning Center (DLC), where students are enrolled; training is carried out by teachers of the Central Educational Center (Letter of the Ministry of Education and Science of Russia dated December 10, 2012 N 07-832 “On the direction of Methodological recommendations for organizing home education for children with disabilities using distance learning technologies”).
- at home: employees of the educational organization come to the child’s home or to the medical institution where the child is undergoing rehabilitation. This requires a written request from the child’s parents/representatives and a conclusion from a medical organization.
- at home in the form of family education(Letter of the Ministry of Education and Science of Russia dated November 15, 2013 N NT-1139/08 “On the organization of education in the family form”). In this case, parents take on the responsibility of providing purposeful organization of learning and knowledge needed in everyday life. However, the school is not responsible for the quality of education. Training occurs with the simultaneous obligation of the student to pass intermediate and state certification at school. This form of education can be changed with the consent of the parents and the opinion of the child.
Disabled children can enter, within the established quotas for budget places, higher/secondary vocational educational institutions, provided they pass entrance exams.
Art. Art. 17 and 28.2 Federal Law dated November 24, 1995 N 181-FZ It is stipulated that, at the expense of federal budgetary funds, families with disabled children are provided with living quarters if they need to improve their housing situation. Disabled children have the right to housing! The procedure for provision is regulated in more detail by each constituent entity of Russia individually.
Procedure for providing apartments for persons registered after 01/01/2005. has two options:
- Obtaining an apartment under a social tenancy agreement. It is necessary to contact the authorized body at your place of residence to apply for improvement of living conditions. If the child’s disability is associated with a severe chronic disease, according to the List approved by Decree of the Government of the Russian Federation of June 16, 2006 No. 378, then the apartment will be provided out of turn.
- Obtaining an apartment under a free use agreement. In Moscow, the size of the premises provided must be at least 18 sq.m. living space per person at the average market value, which is determined in each constituent entity of the Russian Federation separately. The application is submitted to the Department of Housing Policy and Housing Fund of Moscow.
Decree of the Government of the Russian Federation of July 27, 1996 N 901 “On providing benefits to disabled people and families with disabled children, to provide them with living quarters, payment for housing and utilities” to families with disabled children the following benefits are provided:
- a 50% or more discount on payment for a state or municipal apartment, payment for utilities and telephone subscription fees;
- a 50% or more discount on fuel payments in houses without central heating;
- priority right to receive a plot of land for private development, dacha farming/gardening is granted.
The right of disabled children and their family members to receive cash payments
- disabled children receive monthly cash payment (MAP), which is indexed once a year. In 2015 it is 2,123.92 rubles. If a child is simultaneously on EDV for different reasons, then the parent/representative is given the right to choose to receive EDV on one basis (Article 28.2 of the Federal Law of November 24, 1995 N 181-FZ).
- disabled children receive monthly social pension for disability and allowances for it. In 2015, the amount is 10,376.86 rubles. (Federal Law of December 15, 2001 N 166-FZ “On state pension provision in the Russian Federation”).
- able-bodied persons who care for a disabled child receive monthly cash payment(Decree of the President of the Russian Federation dated February 26, 2013 N 175 “On monthly payments to persons caring for disabled children and people with disabilities since childhood of group I”): - parents / adoptive parents / guardians / trustees of a disabled child under the age of 18 or a disabled person childhood group I in the amount of 5,500 rubles; - to other persons in the amount of 1,200 rubles.
This payment is summed up with the pension established for the disabled child for the period during which he is cared for. One of the non-working parents can receive EDV for the period of such child care.
Rights and benefits of families with disabled children
In addition to receiving cash payments, disabled children and their parents/representatives have various benefits not only in the field of housing. You can receive for free:
- Medicines prescribed by law;
- Sanitary-resort treatment once a year, with round-trip travel paid;
- Medical supplies (wheelchairs, special shoes, etc.);
- Medical treatment;
- Special literature for children with vision problems;
- literature published on tape cassettes and in embossed dot Braille, etc. a) the rights of parents of a disabled child at work Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation” provides for additional rights of the mother of a disabled child.
- Prohibition of overtime work and sending on business trips without the woman’s consent;
- The right to a shortened working day/shortened working week if there are dependent children under the age of 16;
- Prohibition of refusal to hire or reduction of salary for reasons related to the presence of a disabled child;
- A ban on the dismissal of single mothers on the initiative of the administration, with the exception of cases of liquidation of the organization or the introduction of bankruptcy proceedings.
One of the working parents and the representative of a disabled child is given 4 additional days off per month. The rights of parents of disabled children in labor legislation are described by the reduction of the working day in Article 93 of the Labor Code of the Russian Federation.
Labor Code of the Russian Federation, Chapter 15, Article 93. Part-time work
By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as a person carrying out work caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.
When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.
Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.
If the child is disabled, do the parents have the right to retire early?
In general, men retire at age 60, and women at 55. This period can be reduced to one of the parents for five years(respectively for men at 55, for women at 50), if the parent raised a disabled person from childhood until he reached the age of 8 and subject to the insurance period: for men 20 years, for women 15 years.
Guardians of disabled people since childhood, who established guardianship until the disabled child reaches 8 years of age, are assigned an old-age labor pension with an age reduction of one year for every 1.5 years of guardianship, but not more than 5 years.
The main condition is the presence of an insurance period the same as for parents. Pensions for guardians may be granted provided that the period of guardianship is at least 1.5 years.
A pension is assigned even if a disabled child has died, it is important that parents/guardians raise him until he is 8 years old.
Protection of the rights of disabled children
Persons, regardless of their position, who are guilty of violating the rights and freedoms of persons with disabilities are liable for Article 32 of the Federal Law of November 24, 1995 N 181-FZ.
All disputes arising from the determination of disability, the implementation of individual rehabilitation programs for disabled people, the provision of specific measures and the violation of other rights and freedoms of disabled people are considered in court.
Conclusion
Disabled children are one of the vulnerable groups of the population, therefore, in order to equalize their rights, the legislator has provided for the provision of various rights and guarantees to them and their families. Read about disability rights for children with epilepsy.
