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Activities for legal training and education of disabled children. Education of disabled children. Institutions of secondary vocational education

Minors are one of the most vulnerable categories of citizens. Every day for a special child is dedicated to fighting the disease. The state pays special attention to persons whose health condition does not allow them to lead a normal lifestyle. What rights does a disabled minor have and how to ensure their protection?

Every disabled minor is first and foremost a person and a citizen. Its distinguishing feature is its state of health and reduced ability to self-care. In this regard, each child with such a status is subject to the general rights of citizens (for example, to a name), legislation on children in general, as well as regulations governing the issues of obtaining the status of a disabled child, rehabilitation, habilitation, payments, benefits, protection of legitimate interests:

Convention on Human Rights.
Constitution of the Russian Federation.
Civil Code.
Family code.
guardianship law.
Convention on the Rights of Persons with Disabilities.
1995 law on social protection of citizens with disabilities.
Law of 2014 on amendments to regulations on the social protection of persons with disabilities.

The latest legal act is of particular importance for children with disabilities. In particular, it establishes the concept of “habilitation”. In contrast to the previously existing, single concept of “rehabilitation,” the new term implies complete training of the person in need with the necessary social skills, knowledge and abilities. Whereas rehabilitation is the restoration of skills lost due to illness.

80% of disabled minors need habilitation.

Not all rights of adult citizens with permanent health problems apply to children.

List of rights

A child with disabilities belongs to one of the most vulnerable categories of citizens, and therefore needs special protection from government agencies. For this purpose, the legislator has provided a number of rights and benefits specifically for them. The social rights of disabled children are provided for:

The preferential list is prescribed by federal legislation, but most regions establish additional social support measures for children with disabilities. The multi-level structure is one of the causes of problems in the implementation of rights.

Training, education and treatment of disabled children

Education of disabled children can be carried out both in specialized organizations and at home. A child has the right to attend kindergarten if he has no medical contraindications. Specialized institutions have special groups for disabled people with the same diseases.

Currently, many kindergartens are of a combined type. Such organizations include both general education groups and for children with disabilities. Legal representatives of pupils of such groups are usually exempt from paying parental fees.

It is recommended to raise disabled children at home if they have illnesses that prevent them from attending a group or at the request of the guardian. In some regions, support is provided to families providing preschool education for children at home, but these benefits are not specifically related to children with disabilities.

Education

The educational system of the Russian Federation provides specialized programs for citizens with disabilities. A child can study both in general educational organizations and in specialized ones. There are several types of institutions for people with disabilities who have the following persistent health problems:

visually impaired;
blind;
hearing impaired;
deaf;
deaf and dumb;
impaired mental function;
mild mental retardation;
disorders of the musculoskeletal system (CP).

Correctional educational organizations can be specialized for one type of disease (blind), combined according to diagnoses (hard of hearing, deaf and deaf-mute) and according to a combination of disorders (diseases of the musculoskeletal system and mild mental retardation).

At the same time, education of disabled people with intact intelligence is encouraged in general education organizations, if the child’s health condition, for example autism, allows it. It is believed that children with disabilities who receive education in general schools adapt better in later life.

Documentary confirmation

One of the documents required to obtain a medical-social examination certificate (MSE) is the conclusion of a psychological-medical-psychological commission (PMPC). This paper contains information about the recommended educational route. For a disabled child, such a document is required. In accordance with it, the training program is determined. Registration in a specialized school is also possible only with a conclusion.

The document is handed over to the legal representative after passing the commission. It contains recommendations for home correction of a child and in an educational organization. The parent or guardian is responsible for submitting the form to the school (lyceum, kindergarten).

Specialized schools

Unlike general education schools, in which enrollment is carried out on a territorial basis, the choice of a specialized institution is entrusted to legal representatives. A parent can contact any correctional school, and if there are places in the required class, the child will be enrolled in education.

There are significantly fewer correctional schools in the country than general education schools.
Since it is almost impossible to predict the presence of disabled people who need specific training, often a suitable institution is geographically remote from their place of residence. Most of these schools are boarding schools.

A boarding school is an institution that implements not only special educational programs, but also educational ones. The legal representative can take the child home every day, on weekends, and, if the place of residence is very remote, on vacation days. However, the rights of parents or guardians are not terminated.

Home education

In accordance with the law on education, if there is a PMPC conclusion, parents can transfer their child to home education. This type of education involves a teacher visiting a disabled person at his place of residence. For example, 3 times a week for 3 lessons. The duration of the home lesson is 30 minutes.

To transfer to home education, PMPC specialists must establish the child’s inability to receive education in groups or specialized organizations. The main reasons for transfer to home are the presence of a disease that makes studying in a special school impossible, for example, schizophrenic disorders, or psychological difficulties when parting with parents, for example, if the school is geographically remote.

Separately, it is worth mentioning the option when a disabled person receives education remotely, in the presence of special equipment using the Internet system. A computer and other technical means for learning are provided to the child free of charge. Lessons are taught by teachers in accordance with the schedule.

Legal representative training

The Education Act 2010 gave parents or guardians the opportunity to educate their children independently. The provision of knowledge is implemented in any form chosen by the legal representative. It does not matter whether the parent is working or not.

Children receiving education in this form are subject to an annual knowledge test. Upon completion of training, they take exams prescribed for their educational route. For example, only technology is used for final testing of children with mild mental retardation.

The implementation of the right of disabled children in the Russian Federation to home education is especially important for small settlements with only one school. As a rule, such institutions experience a shortage of teachers to provide home education. Some regions provide financial support to families who educate disabled children independently.

Health care

Every child with disabilities has the right to free medical care in accordance with the law. Treatment of disabled children is carried out on the basis of an individual rehabilitation program.

Important! The authorities specified in the IPR do not know about the content of a specific program, therefore the legal representative, after receiving the document, must independently contact each of the listed departments.

This is a document specifying the specialists whose help the child needs. All services covered by the program, including medications, must be provided free of charge.

Responsibility for the implementation of the document rests with the legal representative. If a person needs rehabilitation means (wheelchair), sanatorium-resort treatment or other services, it is necessary to submit an application to the relevant authority, for example, the social insurance fund.

Housing benefits

Families raising a disabled child have the right to improved living conditions. To do this, legal representatives must prepare a package of documents and submit an application to local government authorities. The form of assistance differs depending on the date of registration:

In the first case, the family has the right to receive a cash subsidy for the purchase of living space. Security standards are determined by the legislation of the subjects. Financing of the program is planned upon approval of the regional budget.

In the second situation, provision is made in accordance with the new housing legislation. The apartment is not provided as a property, but under a social tenancy agreement. The norms are set by the subject of the Russian Federation.

Transport benefits

The law provides for the duty of the carrier to ensure accessibility of railway, water, electric and urban transport facilities for disabled people. Additionally, the rights of disabled children and their parents to free travel on public transport are established. In addition, the possibility of a 50% discount on a two-way intercity ticket for a child and an accompanying person has been fixed.

In special cases, treatment may be required in a hospital located in another city or region. In this case, the cost of the ticket is reimbursed in full or special documents are issued for free travel.

Cash payments

Financial support for children is entrusted to their parents. Legal representatives are obliged to provide them with everything necessary for a full life. Even in the event of a divorce, the parent with whom the child remains can claim increased alimony (more than 25% of the payer’s total income).

However, it is difficult for families to provide for all the needs of disabled people. In this regard, children with disabilities receive additional funding from the state. For all minor citizens with the status of “disabled child”, a number of payments are provided. Among them:

pension;
monthly payment;
additional amount for a citizen providing care.

The pension is assigned from the date of establishment of disability. To do this, you must submit the appropriate documents to the Pension Fund at the place of registration of the child. The funds are transferred to the account of the legal representative for further spending on the needs of the disabled person. The pension amount is established by federal law and is subject to annual indexation.

A monthly payment is assigned to each disabled minor and is transferred by the Pension Fund along with the pension. In addition, the child’s legal representatives may refuse to receive a set of social services in order to subsequently replace it with monetary compensation.

An additional amount for a legal representative caring for a disabled child is assigned upon the application of this person. One of the conditions for the payment is that the citizen does not have official employment.

Early retirement of parents

One of the benefits is the right of parents of disabled children to early retirement. The period during which the mother cares for a child with disabilities is subject to inclusion in the insurance period. However, the period of care is not defined by law.

Early retirement for a mother is possible when she reaches 50 years of age. However, to do this, she must work for at least 15 years.

A special condition is the obligation to raise a disabled child under 8 years of age. After which the right to early retirement remains even in the event of his death.

Protection of the rights of disabled children

Disabled minors cannot independently protect their legitimate interests. Therefore, the state provides several levels. The protection of the rights of children with disabilities should be ensured by:

legal representatives;
district guardianship department;
social protection authorities;
prosecutor's office;

The responsibility to protect the rights of disabled minors rests with their parents/guardians. Close people must provide the child not only with the basic necessities (food, clothing, housing), but also with medicines and rehabilitation means. The execution of the IPR is also entrusted to the legal representative.

If parents/guardians do not fulfill their responsibilities, the disabled minor is transferred to the care of the district guardianship department. Depending on the situation, specialists prepare documents to deprive mom and dad of their rights, remove the guardian, or warn citizens about the possibility of such liability.

Social protection authorities must exercise control over the maintenance of a disabled child. They are entrusted with the right to visit families raising children with disabilities and check living conditions. If cases of abuse or failure to fulfill duties on the part of legal representatives are detected, specialists must report to the guardianship department.

The Prosecutor's Office carries out a supervisory function over the performance of their duties by guardianship and social protection specialists. If a situation arises in which the rights of citizens caring for disabled children are violated, you can file a complaint with the district prosecutor.

Protection of the rights of minors with disabilities can be carried out in court. If the measures taken do not produce the desired result, a parent or other person representing the interests of the child (guardian, guardianship specialists, social protection, prosecutor) must file a claim.

Having considered what a disabled child has the right to, we can conclude that the legislator pays special attention to this category of citizens. However, the implementation of all these possibilities in practice is greatly limited due to a large number of bureaucratic delays. To receive each specific type of assistance or benefits, it is necessary to collect a package of documents and submit them to a certain authority. In addition, these activities often involve queues, which creates additional difficulties. Thus, this area needs improvement.

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In a country that is

now in conditions of demographic

crisis, the main wealth

is not gas, not oil,

not natural resources.

The main wealth is her children.

J. Korczak

Introduction

On December 3, the world celebrates International Day of Persons with Disabilities. The International Day of Persons with Disabilities is aimed at drawing attention to their problems, protecting their dignity, rights and well-being, and drawing the attention of society to the benefits that it receives from the participation of people with disabilities in political, social, economic and cultural life. The state's social policy is aimed at supporting people with disabilities, this is important, since their number is growing in the country. The range of problems of families raising disabled children and young disabled people is much wider than those of healthy peers: financial situation, education, employment, starting a family, leisure and, of course, health. Sick teenagers and young people endure psychological pressure from the environment, often the indifference and hostility of others, as well as lack of demand from society, much more difficult than their elders. The life and work of disabled people is complex and limited by one or another health defect. They dream of the simplest things, because in reality it is very difficult for them to rehabilitate themselves in life.

In our time, people are divided by education; in the modern era, people are more and more differentiated depending on the level of knowledge, the ability to receive and process information, and generate new ideas. In conditions of unequal starting opportunities, which include limitations caused by diseases, this differentiation is further aggravated. One of the most important factors in the socialization of persons with disabilities and disabled people is ensuring their socially useful employment. It is generally accepted that having a profession significantly expands the opportunities for a full life for people with disabilities. Therefore, expanding opportunities for people with disabilities to receive vocational education and vocational training is of particular importance. Not everyone in society thinks about the fact that people with physical or mental disabilities want to live the same life as everyone else: first go to kindergarten, then to school, go to college, get a profession, skills for living in society. Disabled children want to learn (if, of course, the disease allows), develop, and are ready to overcome many difficulties to achieve this.

My choice of this topic was not accidental; the plight of disabled children has never left me indifferent. Among my friends there are guys who have limited health. Now we are at an age when we need to decide on the choice of a future profession, and lately we have begun to talk about this more and more often. I began to think about how these guys could get a job further in life if, due to health reasons, their opportunities for obtaining a profession are limited. I decided to find answers to these questions, what social guarantees and educational opportunities exist for children with disabilities.

Before starting my work, I outlined the following research plan:

Monitor how current legislation regulates the protection of the rights of children with disabilities to education;

Analyze media materials on the issue being studied;

Analyze possible options for obtaining education for people with disabilities;

Conduct a social survey among students and a survey among teachers of the Astrakhan Suvorov Military School of the Ministry of Internal Affairs of Russia;

Conduct a social survey among students and teachers of the municipal educational institution “Limanskaya Secondary School No. 1”, where I studied;

Find out at Astrakhan State University and Astrakhan State Technical University whether disabled children study with them;

Find out at the employment center how things are going with the employment of disabled people.

Main part

1.1.Research

Having become acquainted with the legislative framework, I learned that the right to education is reflected in the Constitution of the Russian Federation and international legal acts recognized in the Russian Federation. The basic rights of citizens in this area are enshrined in Article 43 of the Constitution of the Russian Federation “Every citizen has the right to education”; it guarantees universal access and free pre-school, basic general and secondary vocational education in state or municipal educational institutions and enterprises. Everyone has the right, on a competitive basis, to receive higher education free of charge at a state or municipal institution or enterprise.

The main law regulating the constitutional right to education is the Law of the Russian Federation “On Education” and the Federal Law “On Higher and Postgraduate Professional Education”. Part 1 of paragraph 5 of Article 5 of the “Law on Education” states: “the necessary conditions are created for persons with disabilities to receive, without discrimination, quality education, for the correction of developmental disorders and social adaptation, for the provision of early correctional assistance based on special pedagogical approaches and the most appropriate for these persons, languages, methods and means of communication and conditions that are most conducive to obtaining an education of a certain level and a certain direction, as well as the social development of these persons, including through the organization of inclusive education of persons with disabilities.”

Article 19 of Federal Law No. 181-FZ “On the social protection of people with disabilities in the Russian Federation” contains very important norms: “Bodies that manage the field of education and educational organizations, together with social protection authorities and health authorities, ensure that people with disabilities receive publicly accessible and free pre-school, primary general, basic general, secondary general education and secondary vocational education, as well as free higher education.”

On December 13, 2006, the UN General Assembly adopted the Convention on the Rights of Persons with Disabilities by Resolution No. 61/106. Article 24 of the Convention is entirely devoted to education. States Parties recognize the right of persons with disabilities to education. In order to realize this right without discrimination and on the basis of equality of opportunity, States Parties shall provide inclusive education at all levels and lifelong learning, while seeking to:

To develop the personality, talents and creativity of people with disabilities, as well as their mental and physical abilities to the fullest extent;

Towards empowering people with disabilities to participate effectively in a free society.

Thus, every child, in accordance with the norms of international and Russian legislation, has the following rights in the field of education:

The right to respect for one's human dignity;

Equal rights when entering educational institutions.

If we analyze the above documents, we can conclude that international and Russian legislation contains a guarantee of the rights of every child to receive education to the maximum extent.

1.2. Real guarantees for people with disabilities for education

Having studied the international and Russian legislative framework, I decided to find out whether disabled people actually have all the guarantees of the rights enshrined in the laws.

Having become acquainted with media materials, I came to the conclusion that at present in Russia it is not easy for citizens, especially those with disabilities, to achieve the exercise of their rights in various spheres, in particular in the field of education, although education has been declared one of the priorities of domestic policy in Russia states. What do we see in life?

The media have only recently and so far begun to pay insufficient attention to the problem of disabled children; wider society is not yet ready to accept such children. Often healthy children accept disabled children much more easily than their adults. Having seen where the limits of a sick child's capabilities are, children play with him within these boundaries - they adjusted their behavior.

The rights of disabled children to receive maximum education are often not realized. The education of disabled children depends entirely on the ability of their parents to fight for the rights of their children. Conditions of treatment, rehabilitation, and inaccessible environments force parents of disabled children to terminate their education early.

According to the Russian Ministry of Health, there are more than 620 thousand disabled children under the age of 18 in the country. Most of them cannot get a decent education. According to statistics, in the 2014/2015 academic year, less than 150 thousand of them studied in general education and secondary specialized educational institutions. The rest are educated in special educational institutions or do not attend school at all. That is, the child cannot receive further education or master a profession, which means he will never be able to lead an independent life and provide for himself. The enrollment of disabled children in secondary vocational educational institutions is 34% in the 2014/2015 academic year. Every year the number of enrollment decreases, for example in the 2009/2010 academic year it was 38%, in the 2011-2012 academic year - 36%. The enrollment of disabled children in higher professional educational institutions in the 2014/2015 academic year is 30%. The enrollment percentage is increasing, but slowly, for example in the 2008/2009 academic year it was 23%, in the 2011-2012 academic year - 27%, in the 2012/2013 academic year - 29% (Appendix No. 1).

The Law “On Social Protection of Disabled Persons in the Russian Federation” contains very important norms that enable disabled children to receive a full-fledged education. This law does not place any restrictions on the education of such children in regular schools, but in practice this can be very difficult to achieve. Isolation from society from childhood causes irreparable harm to the psychophysical well-being of the child.

For example, I am deeply convinced that the isolation of disabled people from society causes enormous harm not only to the disabled themselves, but also to the entire society, the upbringing of children, morality and ethics. We do not live in the Middle Ages, when it was normal for children to laugh at a cripple and throw stones at him. But even today children do not know how to behave with sick peers, they despise and humiliate them, because They had not previously had the opportunity to get to know such children better, to understand that they are internally no different from healthy children, that they can also communicate and be friends with them.

Disabled children face real discrimination when entering universities and secondary educational institutions. Despite the fact that the law provides them with a number of significant benefits, most educational institutions do not create a special environment for people with disabilities.

I found out what benefits disabled children have upon admission in accordance with the law on education in the Russian Federation: previously, disabled children, disabled people of groups I and II, and orphans had the right to admission to higher educational institutions without competition, subject to successful completion of entrance examinations (Clause 3 of Article 16 of the Law of the Russian Federation of July 10, 1992 No. 3266-I “On Education”), and in the new law, obtaining higher education (under bachelor’s programs or specialty programs) is regulated by special rights when applying for studies in these programs. Disabled children, disabled people of groups I and II, disabled people from childhood, disabled people due to military trauma or illness received during military service, who, according to the conclusion of the federal medical and social examination institution, are not contraindicated for studying in relevant educational organizations, have the right only to admission within the established quota, subject to successful completion of entrance examinations and also the right to admission to preparatory departments of federal state educational organizations of higher education - for training at the expense of budgetary allocations. Moreover, the admission quota for obtaining (free) higher education in the specified programs (bachelor’s and specialist’s degrees) is established annually by the educational organization “in the amount of no less than ten percent of the total target volume for admission of citizens studying at the expense of budgetary allocations » all levels.

In recent years, Russia has seen positive changes in the field of vocational education of people with disabilities. It was possible to achieve certain positive results. Conditions have been created for the “transition” of disabled people from the general education system (after leaving school) to the vocational education system. The specifics of conducting entrance tests for people with disabilities for admission to secondary specialized and higher educational institutions have been established. This provision of the law is fully implemented in the documents adopted by the Ministry of Education and Science of Russia regulating the procedure for admitting citizens to vocational education institutions. Disabled people are given the right to choose the form of admission to a university or college. They, like everyone else, can apply based on the results of the Unified State Examination. According to the Ministry of Social Health Development, it is known that no more than 36% of disabled people receive vocational training and retraining. Of the disabled people who have acquired a profession, about 60% find work.

At MSTU. Bauman has been teaching students with hearing impairments since 1934. Nizhny Novgorod Technical University, for example, provides retraining for young disabled people in the field of high technology with subsequent employment. Many of them complete master's degrees and enter graduate school. The Nizhny Novgorod Pedagogical University successfully trains wheelchair users. All this suggests that physical disabilities should not hinder education. People with disabilities have a desire to learn, but so far they cannot fully realize this opportunity.

As a result of media analysis, I identified the main reasons for the low coverage of vocational training for people with disabilities:

1. severe forms of disability, usually affecting the intellect;

2. problems with obtaining secondary education;

3. lack of motivation to acquire a profession.

Then I tried to figure out what would help a person with special needs get a post-secondary education? What benefits, rights and allowances make it easier to get a profession?

In fact, for people with disabilities, in particular for people with significant problems in the perception of information and movement, there are certain objective difficulties in learning, especially in full-time education. From statistical materials I learned that out of 12 million people with disabilities living in our country, only 13 thousand people study at universities. The rest cannot receive higher education due to their physical characteristics and the lack of ramps for people in wheelchairs in the country's universities.

Although for students with health problems, a number of educational institutions offer full-time training on an individual schedule, as well as correspondence and distance learning and external studies. From media materials I learned that there are specialized vocational educational institutions for people with disabilities. For example, the Moscow Boarding Institute for people with disabilities with musculoskeletal disorders, the Moscow State Specialized Institute of Arts, the Kursk Music Boarding School for the Blind, there are also institutions of primary vocational education for disabled children with problems of intellectual development. In addition, rehabilitation centers offer various vocational courses for people with disabilities with the possibility of subsequent employment.

A disabled person studying full-time on a budgetary basis, when receiving vocational education, has the right to the following payments:

A student who has the status of a disabled child, or a disabled person of group I or II, receives a basic scholarship;

A student who is a disabled person of group I or II, in addition to the regular (basic) scholarship, has the right to a state social scholarship. In Moscow universities, such a scholarship is about 2,000 rubles and is paid separately from the basic one;

Once a calendar year, a disabled student or a student registered at a dispensary for a chronic disease can receive a subsidy;

Once a semester, a student with a disability can receive financial assistance.

To receive financial assistance and subsidies, you must provide all the necessary documents to the trade union committee of the institution. The amount of these payments varies depending on the region and educational institution, and can range from 200 to 600 percent of the basic scholarship.

Analyzing the media materials, I came to the conclusion that our regional newspaper “Limansky Vestnik” mainly raises issues of conducting leisure activities for people with disabilities, issues of obtaining vocational education are not covered, newspapers from other regions raise this issue mainly where the problem is being solved at a high level vocational training for children with disabilities (Appendix No. 2.

1.3. Forms of education for disabled children in Russia and foreign countries

Turning again to Russian legislation, I learned that the education of people with disabilities is carried out in various forms provided for by the charter of educational institutions: full-time, part-time (evening), part-time, or a combination of these forms. The optimal form of education for some people with disabilities is part-time. Among these relatively common forms, the current legislation provides for other, less well-known ones, in particular, external studies and distance learning.

Education in the form of external studies is regulated by the “Regulations on obtaining education in the form of external studies” (approved by Order of the Ministry of Education of the Russian Federation No. 1884 of June 23, 2000); Order of the Ministry of Education of the Russian Federation No. 2033 dated October 14, 1997 “On approval of the Regulations on external studies in state and municipal higher educational institutions of the Russian Federation”; Methodological recommendations for organizing higher education in the form of external studies in educational institutions of the Russian Federation (appendix to the letter of the Ministry of Education of the Russian Federation No. 03-51-16 in/13-03 dated 01/23/02).

Distance learning, using the capabilities of the Internet, can be considered innovative and very promising. In legislative terms, it is regulated by Order of the Ministry of Education of the Russian Federation No. 4452 dated December 18, 2002 “On approval of the Methodology for the use of distance educational technologies (distance education) in educational institutions of higher, secondary and additional vocational education of the Russian Federation.”

I became interested in what guarantees for receiving an education do disabled people have in our neighboring republic of Kazakhstan. Having studied Internet resources, I learned that people with disabilities in Kazakhstan have the full range of socio-economic and personal rights and freedoms enshrined in the Constitution and other legislative acts of the republic.

The procedure and conditions for providing persons with disabilities with additional payments to the minimum social assistance at the expense of the republican, local budgets and other sources, taking into account the level of price indexation; the procedure for approval and financing of republican programs for social protection of disabled people; basic provisions for ensuring the education, general education and professional training of disabled people, their employment and labor protection.

The Republic of Kazakhstan guarantees disabled people the necessary conditions for receiving education and professional training in state educational institutions, and, if necessary, at home.

In order to create the most favorable opportunities for raising disabled children of preschool age and providing them with the necessary rehabilitation assistance, conditions are created for the stay of disabled children in general preschool organizations. For disabled children whose health condition precludes their stay in general preschool organizations, special preschool organizations are created. Secondary general and vocational education of disabled people is carried out in educational organizations of a general or special type, and, if necessary, at home. For children with disabilities of the first and second groups, special classes are created at special educational organizations, rehabilitation centers, homes and centers for the disabled. Employment of disabled people of the first and second groups who graduated from higher, secondary and primary professional educational organizations is carried out in accordance with the legislation of the Republic of Kazakhstan at the place of residence according to the specialty they acquired.

Vocational training and advanced training of disabled people is provided in state educational institutions, enterprises and specialized or general organizations, and, if necessary, non-governmental organizations with the assistance of the authorized body for employment issues together with educational and social protection authorities in accordance with an individual rehabilitation program.

Then I tried to find out what the situation is with the education of disabled children in Azerbaijan. According to statistical materials, there are about 57,961 children with disabilities in this country, among them only: 7,750 children with limited health are involved in education at home, 1,105 children are involved in special education, 2,664 children are in special boarding schools, 217 children with limited health are involved in inclusive education.

The state has adopted the Law of the Republic of Azerbaijan “On Education (Special Education) of Persons with Disabilities.” The “Development Program for organizing the education of children with limited health who need special care” has been implemented. A publishing house has been created for children with visual impairments at a special boarding school, which publishes textbooks and teaching aids using Braille. Boarding educational institutions and special schools are equipped with computer equipment, technical teaching aids, visual aids and vehicles.

1.4.Inclusive education and attitude towards it

Since they are now talking about the possibility of inclusive education, I decided to conduct a sociological survey among Suvorov students and a survey of the school’s teachers to study the peculiarities of attitude towards the practices of school association of children with disabilities and ordinary children. 60 Suvorov students and 20 teachers took part in the sociological survey.

All respondents believe that they could study together with disabled children. 10% of Suvorov students responded that people with disabilities are equal members of society, the rest believe that efforts must be made to make this possible. All respondents have a humane attitude towards disabled children. The answers to question 4, “What, in your opinion, hinders the integration of children with disabilities into schools, secondary and higher education organizations” were varied: 40% believe that fear of discrimination in society; 30% - physical limitations (difficulty of movement); 20% - intolerance and callousness of modern society towards those who are not like the rest (society destroys the inner world of a person); 2% - learning difficulty; 2% - the management of educational organizations is afraid to take responsibility for disabled children; 2% - lack of special conditions for their training; 2% - fear of being a victim of physical or mental violence; 2% - nothing interferes (Appendix No. 3, No. 4).

When I conducted a sociological survey, I learned from one of my comrades that he studied at the Elista gymnasium, which created all the conditions for disabled children. Using Internet resources, I found a number on the website of the Municipal Budgetary Educational Institution “Elista Multidisciplinary Gymnasium for Personally Oriented Training and Education” and conducted an interview with the school director by phone. Indeed, disabled children study in this gymnasium, an accessible environment has been created in the gymnasium: there are specially equipped places, a machine that takes special wheelchairs up the stairs, specially equipped toilets, and there is a ramp at the entrance to the school. Children feel more confident and comfortable surrounded by their peers (Appendix No. 5).

The result of a survey of teachers showed that 30% cannot determine their attitude towards such training, which suggests that their opinion depends on external factors, primarily awareness of the positive or negative experience of inclusive education; 40% believe that they would not mind if disabled children were taught in their class; 30% note that it depends on the type of disease. 60% of respondents think that the presence of a child with certain disabilities in the class will undoubtedly act as a factor for the teacher complicating the organization of the learning process; 10% answered that depending on what health problems the child has; 10% of teachers think that difficulties in the learning process can arise with children who have mental disabilities; 10% - are inclined to answer, which does not affect the effectiveness of the learning process; 10% - difficult to answer. In answers to the third question, the opinion of teachers was almost unanimous: 90% of respondents believe that disabled children should be helped to study and work in normal conditions, and only 10% could not answer this question. The teachers' proposals in response to the fourth question, “What could you suggest should be done to ensure that disabled children study and work in normal conditions” were different: increase the level of tolerance towards this category of citizens (20%); more often involve them in participation in conferences and competitions (20%); The media should intensify their work towards closer communication (trust) between children with disabilities and the rest of society (20%); equip educational organizations for disabled children (20%; prepare a special program in accordance with the personal characteristics of the child (18%), but there were also those who found it difficult to answer this question (2%) (Appendix No. 6, No. 7).

I also conducted a social survey among students and a survey among teachers of the Limanskaya Secondary School No. 1, where I studied. 50 schoolchildren and 15 teachers took part in the sociological survey.

The results showed: 32% of school students agree to study together with peers with developmental disabilities. Among teaching staff, the proportion of those with a positive attitude is small - only 20%. At the same time, 18% of teachers are not against children with various disabilities studying in the classes where they work, and every third is not a supporter of this practice. More than half of teachers (51%) cannot determine their attitude towards such training, which suggests that their opinion depends on external factors, primarily awareness of the positive or negative experience of inclusive education. The most capable of unification, according to respondents, are children with musculoskeletal disorders. 38% of teachers and almost half of students think so. The most capable of unification, according to respondents, are children with musculoskeletal disorders. 38% of teachers, almost half of students and 70% of parents think so (Appendix No. 8-11).

The presence of a child with certain disabilities in the class will undoubtedly be a factor for the teacher that complicates the organization of the learning process, but in principle does not affect its effectiveness. Moreover, if the necessary conditions are created for the education of this child, individual special teaching equipment will be used (for example, special educational furniture).

According to the survey results, 68% of the teachers surveyed want to provide pedagogical support to a child with a disability. Every fourth teacher feels pity for such children. Almost 8% experience psychological discomfort when seeing a disabled child. Only 4% responded that they had not met children with disabilities. 72% of teachers say that teaching children with and without disabilities together in the same class does not affect the overall performance of the class as a whole. At the same time, 20% of respondents noted the opposite: 10% of them believe that with joint learning, the overall attention of the class during lessons is disrupted, 10% are afraid of conflicts in the class, 20% note the disproportionate distraction of the teacher to a child with a disability.

I turned to the Letter of the Ministry of Education and Science of the Russian Federation dated February 12, 2016 N VK-270/07 “On ensuring conditions of accessibility for disabled people of objects and services in the field of education” and learned that for disabled people in educational organizations the following should be converted in schools: glass door panels; external stairs and ramps; paths of movement inside the building, such as a corridor (lobby, waiting area, gallery, balcony), stairs (inside the building), ramp (inside the building), passenger elevator (or lift), door (doors - if there are several on the same path of movement), escape routes (including safety zones), navigation systems; also separate toilet rooms; showers/bathrooms, utility rooms (dressing rooms); special jobs have been created taking into account diseases, etc. (Appendix No. 12).

1.5. Opportunities for education and employment for disabled children in Astrakhan

To explore the possibility of post-school education for my disabled peers, I conducted research and became acquainted with some of the professional higher education institutions available in Astrakhan. I turned to the management of the school with a request to send a request for information on disabled students to the Astrakhan State Technical University and learned that in 2014, 5 disabled people were admitted to higher vocational education programs for preferential training; in total, 16 disabled people from of them disabled children - 9; in 2015, 4 disabled people were admitted, a total of 17 of them were trained this academic year - 6 disabled children; In 2016, 7 disabled children were admitted; a total of 20 disabled children are studying this academic year. There were no disabled people enrolled in secondary vocational education programs at the Astrakhan State Technical University in the 2014 and 2015 academic years; in 2016, 2 disabled children were enrolled. Having analyzed the data obtained, we can say that the number of disabled children studying in this educational institution is growing every year, but in small numbers.

At Astrakhan State University, the situation was completely opposite: in 2014, 33 disabled people were enrolled; in this academic year, a total of 66 disabled people studied; in 2015, 28 disabled people were enrolled, a total of 67 disabled people were studying at that time; in 2016 the smallest number was observed, only 10 enrolled; this year 40 disabled people are being trained.

Then I found out what is the opportunity for disabled people who have received an education to find a job and studied in detail the Interactive portal of the employment service of the Astrakhan region and learned that in accordance with paragraph 1 of part two of Article 24 of the Federal Law of November 24, 1995 No. 181-FZ “On Social Protection of Disabled Persons” in the Russian Federation,” employers are obliged to “create or allocate jobs for the employment of people with disabilities and adopt local regulations containing information about these jobs.”

Law of the Astrakhan region dated December 27, 2004 No. 70/2004-OZ “On establishing a quota for employers to hire disabled people” establishes for employers whose number of employees is at least 35 people a quota for hiring disabled people in the amount of 2 percent of the average payroll number of employees.

The quota is calculated in accordance with part two of Article 21 of the Federal Law of November 24, 1995 No. 181-FZ “On Social Protection of Disabled Persons in the Russian Federation”: “When calculating the quota for hiring disabled people, the average number of employees does not include workers whose working conditions classified as harmful and (or) dangerous working conditions based on the results of certification of workplaces for working conditions or the results of a special assessment of working conditions.”

Article 25 of the Law of the Russian Federation dated April 19, 1991 No. 1032-1 “On Employment of the Population in the Russian Federation” obliges employers to provide employment service authorities with information about the availability of vacant jobs (positions) and the fulfillment of the quota for hiring people with disabilities.

According to the order of the Government of the Astrakhan region dated November 6, 2015 N 561-P “On special events that help increase the competitiveness of people with disabilities in the labor market,” it is necessary to submit to the employment center at the employer’s location:

Information about quotas for jobs and about fulfilling the quota for hiring people with disabilities in the prescribed form.

The employer, in accordance with the Code of the Russian Federation on Administrative Offences, is responsible for:

Article 5.42. Violation of the rights of persons with disabilities in the field of employment and employment

Failure by an employer to fulfill the obligation to create or allocate jobs for employing disabled people in accordance with the established quota for hiring disabled people, as well as the employer’s refusal to hire a disabled person within the established quota - entails the imposition of an administrative fine on officials in the amount of five thousand to ten thousand rubles.

As a result, I learned that work is being done to employ disabled people, of course, the percentage of employment is not large, many of them fail to get a job in accordance with their profession, but the state is trying to retrain them if necessary and find employment.

Conclusion

Having become acquainted with the legal possibilities and realities in obtaining vocational training for disabled children, I came to a conclusion. The state is taking certain steps to resolve this issue, but many unresolved problems remain. To overcome problems, in my opinion, it is necessary first of all to develop inclusive education everywhere. This requires psychological preparedness for teachers, school technical workers, and parents of disabled children. It is necessary to ensure the accessibility of the school building for the education of children with various forms of disabilities, despite the fact that the Order of the Ministry of Education and Science of the Russian Federation “On approval of the procedure for ensuring conditions of accessibility for disabled people of objects and services provided in the field of education, as well as providing them with the necessary assistance” was issued. » dated November 9, 2015 N 1309, according to which educational organizations are obliged to ensure the creation of accessible conditions for people with disabilities, educational organizations themselves cannot do this, additional funding is needed. At this time, changes have already begun in the educational process, taking into account the special needs of children with disabilities, and special training for specialist teachers in inclusive education. It is necessary to form a positive attitude towards people with disabilities in society. Such measures can help expand access to education for children with disabilities.

Paragraph 7 of Article 5 of the Federal Law of November 24, 1995 N 181-FZ “On the social protection of disabled people in the Russian Federation” talks about promoting the employment of disabled people, including stimulating the creation of special jobs for their employment, as well as determining the procedure for carrying out special events to provide disabled people with job guarantees.

In addition, the state needs to establish benefits for the employment of disabled people and provide them with decent remuneration for their work. It may be that the state needs to legislatively consolidate the expansion of opportunities for self-employment, entrepreneurship, the development of cooperatives and the organization of their own business for people with disabilities.

List of sources and literature used

Documentation

Constitution of the Russian Federation.

Convention on the Rights of the Child.

Convention on the Rights of Persons with Disabilities.

Law of the Russian Federation “On Education”.

Federal Law “On Higher and Postgraduate Professional Education”.

Federal Law "On Social Protection of Disabled Persons in the Russian Federation".

Literature

Alferova G.V. New approaches to correctional and developmental work with children suffering from cerebral palsy // Defectology. 2009. No. 3. P. 10.

Gilevich I.M., Tigranova L.I. If a child with hearing loss studies in a public school // Defectology. 2005. No. 3. P. 39.

Gromova O. Educational segregation // Russian magazine 08.23.2008 // www.russ. ru/ist sovr/sumerki/20010823 grom.html (09/08/2008).

Golubeva L.V. Inclusive education: ideas, prospects, experience. V.2011

Svodina V.N. Integrated education of preschool children with hearing impairment // Defectology. 2008 No. 6. P. 38.

Shcherbakova A.M. Problems of labor training and vocational training of auxiliary school students // Defectology. 2006. No. 4. P. 24.

Yarskaya V.N. Strategies for the modernization of Russian education // Education and youth policy in modern Russia. Materials of the All-Russian Conference. St. Petersburg 2008. pp. 155-159. 10. State and main trends in the development of the education system in 2010 / Analytical report. M., 2010.

Innovations in Russian education. Special (correctional) education. Analytical review. Collection. M.: Management of Special Education of the Ministry of General and Professional Education of the Russian Federation, 2009.

Appendix No. 1

INFORMATION ABOUT DISABLED STUDENTS OF EDUCATIONAL INSTITUTIONS

SECONDARY AND HIGHER PROFESSIONAL EDUCATION

(at the beginning of the school year, people)


Institutions of secondary vocational education
Accepted students with disabilities
Number of students
Graduate of specialists
Institutions of higher professional education
Accepted students with disabilities
Number of students
Graduate of specialists

____________________

1) Data are provided only for state (municipal) educational institutions of secondary and higher vocational education.

2) According to the Russian Ministry of Education and Science.

http://www.gks.ru/ Federal State Statistics Service

Appendix No. 2

Search for media materials on the issue under study

Analysis of current legislation regulating the protection of the rights of disabled children to education

Appendix No. 3

1 question. Do you think you could study together with disabled children?

2 Question. Do you think it is necessary to take action to ensure that people with disabilities become equal members of society?

Appendix No. 4

Sociological survey of Suvorovites

3 Question. What is your attitude towards disabled children?

4 Question. What, in your opinion, hinders the integration of children with disabilities into schools, secondary and higher education organizations?

Appendix No. 5

Interview with the director

Municipal budget

educational institution

"Elistinskaya multidisciplinary

student-oriented gymnasium

training and education"

Nasunov Klim Erdnievich

Hello, Klim Erdnievich! I am a Suvorov veteran Sharoshkin of the Astrakhan Suvorov Military School of the Ministry of Internal Affairs of Russia, doing research on the topic: The right to education of disabled children. Can I ask you a few questions?

Answer: Yes, of course

Question: Do you have disabled children studying at your gymnasium?

Answer: Yes, 9 people are studying.

Question: What work is done in the gymnasium to make the integration of disabled children possible?

Answer: Disabled children are ordinary students, they must be socialized and be part of a group. The gymnasium has created an accessible environment: there are specially equipped places for studying, a machine that takes wheelchairs up the stairs, specially equipped toilets, and there is a ramp at the entrance to the gymnasium.

Two disabled children previously studied remotely, now they have the opportunity to study at the gymnasium together with their peers, come to school in their strollers, transfer to ours, and the student studies at his own workplace. The child feels good, confident, comfortable, and is close to his classmates.

Question: Have you encountered any difficulties with children with disabilities?

Answer: we didn’t have such cases in our gymnasium, on the contrary, everyone is trying to help, for example, for one student we collected money for an operation of 18,000 rubles, and held a “Do Good” fair.

Mostly, problems are observed with those children who are educated at home, there are exacerbations of illnesses, poor health, in this case the lesson is postponed, all the children wait impatiently for their teachers, because... they need communication. Each child who cannot attend the gymnasium for health reasons and is studying at home is assigned to a specific class and in the near future, we plan to organize a video conference with classmates during the lesson so that the child can see his class, his teacher and feel close to them.

Appendix No. 6

Questioning of teachers

1 question. Would you be against it if there were disabled children in your class?

2 Question: Could the presence of a child with certain disabilities in the class be a factor complicating the organization of the learning process for you?

Appendix No. 7

Questioning of teachers

3 Question. In your opinion, should disabled children be helped to study and work in normal conditions?

4 Question. What could you suggest to do to make this possible?

Appendix No. 8

The following were interviewed: 50 schoolchildren, 15 teachers.

1.Question: Do you think it is possible to educate disabled children together with regular students?

Children's survey results

Teacher survey results

Appendix No. 9

Sociological survey in Limanskaya secondary school No. 1

2.Question: What prevents the integration of disabled children into mainstream schools? (in % of the number of respondents).

Teacher survey results

Children's survey results

Appendix No. 10

Sociological survey in Limanskaya secondary school No. 1

3.Question: Which children are most suited to unification?

Children's survey results

Teacher survey results

Appendix No. 11

Sociological survey in Limanskaya secondary school No. 1

1 question: Do you think it is possible to educate disabled children together with regular students?

2.Question: What prevents the integration of disabled children into mainstream schools?

3.Question: Which children are best suited to unification?

Appendix No. 12

Materials from the interactive portal of the employment service of the Astrakhan region

Knowledge of the medical aspects of the professional suitability of disabled people will help create special working conditions for them in accordance with the IPR.

When setting job quotas for employing people with disabilities, it is necessary to take into account recommended professions for them, taking into account existing diseases*

Diseases
Diseases of the cardiovascular system	Laboratory assistant for chemical and bacteriological analysis, watchmaker, assembler of radio-electronic equipment, turner on tabletop machines, instrumentation mechanic (repair of film and photo equipment), seamstress-motor operator, sewer of leather goods, doctor, order taker, bookseller (for dystonia), secretary-typist (for hypertension ), medical assistant, pharmacist, accountant, economist, cutter, kiosk, packer, controller, tailor, secretary-typist, cashier, programmer, PC operator, repairman, electrician, teacher
Deformation of the spine, lower leg, hip with shortening of the limb	Sausage molder, radio mechanic for TV and radio equipment repair, nurse, statistician, bookstore salesman, accountant, economist, bookbinder, projectionist, teacher, tailor, order taker
Inactive respiratory tuberculosis	Florist-decorator, furniture weaver, projectionist, PU machine operator, milling machine operator, turner, fitter
Schizophrenia sluggish or paroxysmal	Fish farmer, maintenance mechanic, projectionist, turner, machine operator, secretary - typist, booklet maker, embroiderer, hatmaker, tailor, photographer, engraver, bookbinder
Persistent hearing loss in both ears	Confectioner, laboratory assistant for chemical and bacteriological analysis, carpenter, upholsterer, packaging machine operator, paramedic, tailor, cutter, archive worker, document binder, photographer
Decreased visual acuity	Biologist, elevator operator, sewing machine repairman, molder, physical and mechanical testing laboratory assistant, lecturer, journalist, doctor, teacher, medical laboratory assistant, lawyer, medical assistant, accountant, economist, pharmacist, cutter, packer, storekeeper, goods picker
Diabetes	Poultry farm operator, sausage molder, knitter, projectionist, doctor, goods (cargo cashier), medical assistant, proofreader, communications operator, cutter, telegraphist, draftsman, computer operator
Oncological diseases	Biologist, medical research laboratory assistant, florist-decorator, knitter, elevator operator, electronic equipment installer, sewing machine repairman, packer, equipment fitter, journalist, doctor, lawyer, medical laboratory assistant, manicurist, cashier-controller, librarian, accountant , journalist, economist, planning technician, pharmacist, telegraph operator, cutter, parts and equipment inspector, storekeeper, packer, goods picker
Chronic kidney and urinary tract diseases	Fruit, berry, and vegetable processing master, laboratory assistant, fish farmer, butter maker, cheese maker, table turner, seamstress-motor operator, bookbinder, tool maker, projectionist, mechanical assembly mechanic, PU machine operator, mechanical testing laboratory assistant, machine operators, paramedic, doctor, order taker, telephone operator, order taker, secretary-typist, head of the communications department, draftsman, communications operator, laboratory assistant, computer operator, proofreader, tailor, jeweler, hairdresser
Diseases of the gastrointestinal tract	Confectioner, culinary specialist, laboratory assistant for chemical and bacteriological analysis, gardener, florist, florist-decorator, auto electrician, projectionist, elevator operator, machinist, mechanic, assembler, boiler room operator, mechanic, seamstress-machine operator, doctor, nurse, teacher, prosthetist, paramedic , bartender, manicurist, massage therapist, order taker, secretary-typist, telephone operator, kindergarten teacher, economist, pharmacist, storekeeper, goods picker, telecom operator, computer operator
Severe retardation of physical and sexual development.	Livestock breeder, laboratory vegetable grower, fish farmer, gardener, decorator, radio and telephone installer, mechanics, cabinetmaker, turner, milling machine, watchmaker, seamstress-machine operator, nurse, flight attendant, hairdresser on duty at the station, conductor, bookstore salesman, cashier, telephone operator, telecom operator, computer operator, telegraph operator, draftsman, tailor, woodcarver, photographer, seamstress, graphic designer

The section is led
Head of RPMPK
Shilova Tatyana Grigorievna
teacher - defectologist
Trembach Irina Aleksandrovna
educational psychologist
Valiakhmetova Elena Ramilievna

11.02.2014

The realization of the right to education of persons with disabilities has traditionally been one of the significant aspects of state policy in the field of education.

The regulatory framework in the field of education of children with disabilities in the Russian Federation consists of documents at several levels:

international(signed by the USSR or the Russian Federation);
federal(Constitution, laws, codes - family, civil, etc.);
government(decrees, orders);
departmental(Ministry of Education);
regional(government and departmental).

International documents

International legislation in the field of securing the right of children with disabilities to receive an education has a history of development of more than half a century.

One of the first special international acts that addressed the issue of respect for individual rights, which includes the right to education, is Universal Declaration of Human Rights of December 10, 1948, which became the basis for other international legal documents in the field of protection of individual rights. The Declaration proclaimed social, economic and cultural rights, as well as political and civil rights. The Declaration contains a historical provision in Article 1:

“All men are born free and equal in dignity and rights.”

The most significant international document in the field of protecting the rights of persons with disabilities is Convention on the Rights of Persons with Disabilities(adopted by General Assembly resolution 61/106 of 13 December 2006). Article 24 of the Convention states: “States Parties recognize the right of persons with disabilities to education. In order to realize this right without discrimination and on the basis of equality of opportunity, participating States shall ensure inclusive education at all levels and lifelong learning.”

In accordance with the Convention on the Rights of Persons with Disabilities education should be aimed at:

· development of mental and physical abilities to the fullest extent;

· providing people with disabilities with the opportunity to participate effectively in the life of a free society;

· access of persons with disabilities to education in the places of their immediate residence, which ensures reasonable satisfaction of the person’s needs;

· providing effective measures of individual support in the general education system, facilitating the learning process;

· creating conditions for mastering social skills;

· providing training and retraining of teachers.

According to Federal Law of the Russian Federation of May 3, 2012 N 46-FZ "On ratification of the Convention on the Rights of Persons with Disabilities" Russia has ratified the Convention on the Rights of Persons with Disabilities and has assumed obligations to include all of the above provisions in the legal norms governing legal relations in the field of education, including the definition of “inclusive education” and mechanisms for its implementation.

Federal documents

A comparative legal analysis of the provisions of the Convention on the Rights of Persons with Disabilities and the norms of Russian legislation showed that, in general, there are no fundamental contradictions between the norms.

Article 43 of the Constitution of the Russian Federation proclaims the right of everyone to education. The principle of equality. The state guarantees citizens universal access and free general and primary vocational education.

In turn, parents are given the right to choose forms of education, educational institutions, protect the legal rights and interests of the child, and take part in the management of the educational institution. These rights are enshrined in the Family Code of the Russian Federation and the Law “On Education”.

The main Federal law defining the principles of state policy in the field of education is Federal Law “On Education in the Russian Federation” No. 273-FZ of December 29, 2012. This Law came into force on September 1, 2013. The law regulates the issues of education of persons with disabilities and contains a number of articles (for example, 42, 55, 59, 79) establishing the right of children with disabilities, including disabled children, to receive a quality education in accordance with the available them needs and capabilities. The law establishes the universal accessibility of education, the adaptability of the education system to the levels and characteristics of the development and training of students and pupils. Article 42 guarantees the provision of psychological, pedagogical, medical and social assistance to students experiencing difficulties in mastering basic general education programs, development and social adaptation. Article 79 establishes the conditions for organizing education for students with disabilities.

The main provisions and concepts enshrined in the new law “On Education in the Russian Federation” regarding the education of children with disabilities:

Student with disabilities- 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.

Individual curriculum- a curriculum that ensures the development of an educational program based on the individualization of its content, taking into account the characteristics and educational needs of a particular student;

Inclusive education- ensuring equal access to education for all students, taking into account the diversity of special educational needs and individual capabilities;

Adapted educational program- an educational program adapted for training persons with disabilities, taking into account the characteristics of their psychophysical development, individual capabilities and, if necessary, providing correction of developmental disorders and social adaptation of these persons;

Special conditions for obtaining education by students with disabilities- conditions for the training, education and development of such students, including the use of special educational programs and methods of teaching and upbringing, special textbooks, teaching aids and teaching materials, special technical teaching aids for collective and individual use, the provision of services of an assistant (assistant) providing students 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 difficult for students with disabilities to master educational programs.

Federal Law “On Social Protection of Disabled Persons in the Russian Federation” establishes guarantees for children with disabilities to receive education.

Recognition of a person as disabled is carried out by the federal institution of medical and social examination. The procedure and conditions for recognizing a person as disabled are established by the Government of the Russian Federation.

Art. 18 determines that educational institutions, together with social protection authorities and health authorities, provide pre-school, out-of-school education and education for disabled children, and the receipt by disabled people of secondary general education, secondary vocational and higher vocational education in accordance with the individual rehabilitation program for the disabled person. Disabled children of preschool age are provided with the necessary rehabilitation measures and conditions are created for their stay in general preschool institutions. For disabled children whose health condition precludes their stay in general preschool institutions, special preschool institutions are created.

If it is impossible to educate and educate disabled children in general or special preschool and general education institutions, educational authorities and educational institutions, with the consent of parents, provide education for disabled children according to a full general education or individual program at home. The procedure for raising and educating disabled children at home, as well as the amount of compensation for parents' expenses for these purposes, are determined by laws and other regulations of the constituent entities of the Russian Federation and are expenditure obligations of the budgets of the constituent entities of the Russian Federation. The upbringing and education of disabled children in preschool and general education institutions are expenditure obligations of a constituent entity of the Russian Federation.

The right of all disabled people to study both in general educational institutions and in special educational institutions is established in accordance with the individual rehabilitation program for the disabled person.

Despite the absence of an official definition of inclusive education at the federal level, Russian legislation defines its general legal basis and does not interfere with the education of children with special educational needs in preschool and general education institutions, which is generally consistent with the convention.

This was further emphasized Article 10 of the Law of the Russian Federation “On the basic guarantees of children’s rights in the Russian Federation” dated July 24, 1998 No. 124-FZ:

“A child from birth has and is guaranteed by the state the rights and freedoms of a person and a citizen in accordance with the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, this Federal Law, the Family Code of the Russian Federation and other regulatory legal acts of the Russian Federation.”

In accordance with the Federal Law of June 30, 2007 No. 120-FZ “On Amendments to Certain Legislative Acts of the Russian Federation on the Issue of Citizens with Disabilities”, the words “with developmental disabilities” used in regulatory legal acts are replaced by the words “with “disabled health”, that is, having deficiencies in physical and (or) mental development.

National educational initiative “Our New School”(approved by the President of the Russian Federation D.A. Medvedev on February 4, 2010, Pr-271). It formulated the basic principle of inclusive education:

The new school is a school for everyone. Any school will ensure the successful socialization of children with disabilities, children with disabilities, children without parental care, and in difficult life situations.

Every educational institution must create a universal barrier-free environment to ensure the full integration of children with disabilities.

The document provided for the development and adoption of a five-year state program “Accessible Environment” aimed at resolving this problem.

The Children's Action Strategy recognizes social exclusion of vulnerable categories of children (orphans and children without parental care, disabled children and children in socially dangerous situations) and sets the following tasks:

Legislative consolidation of legal mechanisms for realizing the right of disabled children and children with limited health capabilities to be included in the existing educational environment at the level of preschool, general and vocational education (the right to inclusive education);

Ensuring the provision of high-quality psychological and correctional pedagogical assistance to children in educational institutions;

Legal regulation of the procedure for financing expenses necessary for targeted support of inclusive education and social security for children with disabilities and children with limited health capabilities.

Introducing an effective mechanism to combat discrimination in the field of education for children with disabilities and children with limited health capabilities in case of violation of their right to inclusive education;

Revision of criteria for determining disability for children;

Reforming the system of medical and social examination, with a view to staffing it with qualified personnel necessary to develop a full-fledged individual rehabilitation program for a child, creating a mechanism for interdepartmental interaction between the bureau of medical and social examination and psychological, medical and pedagogical commissions;

Introduction of modern methods of comprehensive rehabilitation of disabled children.

The information was prepared by social teachers of the RMPK: N.V. Mikhailova, T.G. Shilova.

Every child from birth has and is guaranteed by the state the rights and freedoms of man and citizen in accordance with the Constitution of the Russian Federation, generally accepted principles and norms of international law, international treaties of the Russian Federation, the Family Code of the Russian Federation and other normative legal acts.

In 2012, the Russian Federation ratified the Convention on the Rights of Persons with Disabilities, according to which Russia not only recognizes the right of people with disabilities to education, but must also provide education for children with disabilities at all levels, including preschool. To achieve this goal, regulatory legal acts regulating the social protection of people with disabilities in the Russian Federation are brought into line with the provisions of the Convention.
According to Law No. 181-FZ, the state supports the acquisition of education by people with disabilities and guarantees the creation of the necessary conditions for its receipt.

Support for general and vocational education, as well as vocational training for people with disabilities, is aimed at:
1. to exercise human rights and freedoms on an equal basis with other citizens;
2. development of personality, individual abilities and capabilities;
3. integration into society.

Educational authorities and educational organizations, together with social protection authorities and health authorities, ensure that people with disabilities receive public and free pre-school, primary general, basic general, secondary general education and secondary vocational education, as well as free higher education.

General education, vocational education and vocational training of disabled people are carried out in accordance with adapted educational programs and individual rehabilitation programs. Disabled children and their parents (legal representatives) are provided with information on issues of education and rehabilitation.

When disabled people receive education, including at home and in the form of family education, they should be provided with psychological and pedagogical support.

Disabled people can receive education in organizations that carry out educational activities in the implementation of basic general education programs, which have created special conditions for students with disabilities (hereinafter referred to as disabilities), as well as in individual organizations that carry out educational activities in adapted basic general education programs.

If it is impossible to educate disabled children in basic general education programs in educational organizations, educational authorities, with the consent of the parents (legal representatives) of disabled children, ensure the organization of their education in basic general education programs at home. The basis for such training is a written request from their parents (legal representatives) and a conclusion from a medical organization.

The list of diseases, the presence of which gives the right to study in basic general education programs at home, is approved by the federal executive body authorized by the Government of the Russian Federation.

The procedure for regulating and formalizing relations between a state (municipal) educational organization and parents (legal representatives) of disabled children in terms of organizing education in basic general education programs at home is established by a regulatory legal act of the authorized government body of a constituent entity of the Russian Federation. The amount of compensation for the expenses of parents (legal representatives) of disabled children for these purposes is determined by laws and other regulatory legal acts of the constituent entities of the Russian Federation and are the expenditure obligations of the constituent entities of the Russian Federation.

When organizing distance education for children with disabilities, it is also necessary to be guided by the Decree of the Government of the Russian Federation dated July 18, 1996 No. 861 and the letter of the Ministry of Education and Science of Russia dated September 30, 2009 No. 06-1254, which sent recommendations on creating conditions for distance learning of children with disabilities who need home education , in a subject of the Russian Federation.

Measures aimed at state support for disabled children and children with special needs are listed in the National Strategy of Action for Children for 2012-2017.
They provide:
1) creation of a unified system of early assistance services for disabled children and children with disabilities, including medical, rehabilitation, correctional and pedagogical assistance to the child, socio-psychological and advisory assistance to his parents;
2) ensuring the continuity of early assistance and assistance in preschool age, the development of inclusive preschool education, the organization of comprehensive preparation of a disabled child and a child with disabilities for school;
3) legislative enshrinement of ensuring equal access for disabled children and children with disabilities to quality education at all levels, guaranteed implementation of their right to inclusive education at their place of residence, as well as respect for the right of parents to choose an educational institution and form of education for the child;
4) introduction of an effective mechanism to combat discrimination in the field of education for children with disabilities and children with disabilities in case of violation of their right to inclusive education.

GOST R 52142-2003 imposes separate requirements for the quality of education for children with disabilities. According to the standard, conditions for disabled children must be created taking into account their physical condition, the nature of their disability and provide the necessary amenities in the process of upbringing and education. Special educational programs must be drawn up taking into account the ability of a particular disabled child to perceive and master upbringing and learning skills.

Official source
Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” (as amended on July 23, 2013). Art. 2
Federal Law of July 24, 1998 No. 124-FZ “On the Basic Guarantees of the Rights of the Child in the Russian Federation” (as amended on July 2, 2013). Art. 6
Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation” (as amended on July 2, 2013). Art. 19
Decree of the President of the Russian Federation dated June 1, 2012 No. 761 "On the National Strategy of Action in the Interests of Children for 2012-2017"
Decree of the President of the Russian Federation dated October 2, 1992 No. 1157 “On additional measures of state support for people with disabilities” (as amended on September 24, 2007)
Decree of the Government of the Russian Federation of July 18, 1996 No. 861 “On approval of the Procedure for raising and educating disabled children at home and in non-state educational institutions” (as amended on September 4, 2012)
National standard of the Russian Federation "Social services to the population. Quality of social services. General provisions. GOST R 52142-2003", approved. Resolution of the State Standard of Russia dated November 24, 2003 No. 326-st. Subp. 4.5.5
Letter of the Ministry of Education and Science of Russia dated September 30, 2009 No. 06-1254 “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 of the Ministry of Education and Science of Russia dated April 18, 2008 No. AF-150/06 “On creating conditions for children with disabilities and disabled children to receive education”

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”)

A 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.)

A 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 January 1, 2001 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, the 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 individually for each disabled child. 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 these disabled children who do not eat at school (schooled at home) in the amount of the cost of two subsidized meals a day - 37 rubles per day.

(Resolution 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)

A 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 01.01.01 N 125-FZ “On Higher and Postgraduate Professional Education”, as amended on 06.25.2002, paragraph 3 of Article 16)

A 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)

A 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