Human compassion has always helped disabled people to somehow make their life easier. At the moment, this function is entrusted to the state.

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The adoption of new laws aimed at supporting children with disabilities is now quite relevant.

The possibility of education for children with disabilities in 2020 was adjusted by the state, bringing new opportunities to this vulnerable segment of society.

What you need to know

Disabled - this term makes us feel sorry for a disabled person who does not have access to all the joys of everyday life.

We sympathize with a person who moves in a wheelchair, with a cane or has other serious pathologies. We live life to the fullest and believe that this fate will never touch us.

But the disease can enter our life with you, and we will not be able to change anything. We find ourselves on the other side of the life we ​​are used to.

Required terms

A person who has suffered a serious injury or illness, the first thing he hears from doctors is “You have become disabled.”

The reasons for establishing disability are as follows:

• persistent loss of ability to work, forcing the patient to leave work for an extended period of time;
• forced, significant change in working conditions;
• limitation of life activity, which does not allow a person to serve himself;
• the need to implement individual social protection measures.

A person is recognized as disabled after passing. ITU studies the conclusions of doctors of various specializations about the physical and mental state of the patient.

The classification of persons with disabilities and the criteria for their evaluation are established by the Ministry of Health.

The degree of dysfunction of the patient's body affects the disability group, and citizens under the age of sixteen are classified as "children with disabilities". ITU are held at the place of residence.

If the patient, for health reasons, cannot independently come to undergo the MSE, then the examination of the patient and the conclusion is carried out:

• at the patient's home;
• in absentia on the basis of documents that are provided with the consent of the patient or his representative;
• in the hospital where the patient is being treated.

The legislative framework

Now, the following can enter a higher institution without a queue for a bachelor and a specialist within the quota:

• disabled since childhood;
• disabled I and ;
• disabled children;
• persons who received a disability during military service.

The legislative act provides for the allocation of a quota, while the conclusion of the ITU is not needed.

At the legislative level, disabled children have the right to education. All subjects of the Russian Federation fall under the scope of this law.

Conditions for the development of distance education for children with disabilities

In 2020, the Ministry of Education continues to make changes that are designed to improve remote education for children with disabilities.

In Russia, it is planned to gradually create conditions for remote learning of disabled people.

With this form of education, it is possible, in addition to general subjects, to receive additional education for children.

The main goal of such training is to create conditions for the formation of high-quality education for a disabled child, taking into account his hobbies and preferences, using the Internet.

You can study remotely:

1. At home.
2. remotely.

Process organization options

At the moment in Russia, in addition to the lack of proper education for people with disabilities, the child faces the following problems:

1. Lack of communication with peers and adults.
2. Disruption of communication with the environment.
3. Restriction of access to information technologies.
4. Lack of communication with the values ​​of culture and nature.

Children with disabilities experience:

• low self-esteem;
• they have self-doubt;
• it is difficult for them to understand and choose their life goal.

All this leads to a slow process of integration of children with disabilities. The availability of distance education and home learning will help solve these problems.

at home

When a child with a disability cannot attend school on a regular basis, he can study at home. Such a decision can be made by the competent local authorities.

To do this, parents need to submit a number of documents:

• application for the need to study the baby at home;
• ITU opinion on the need for a child with a disability to study at home due to his state of health.

Parents need to conclude an agreement with the school administration or with the executive authority that carries out work in the field of education.

You should be aware that an agreement for homeschooling is drawn up in a certain form, which is approved by the legislator.

If the child is studying at home using remote means, then for the period of study he should be provided with means of communication and a computer at the expense of the budget of the locality where the child lives.

Remote

There are several types of distance learning:

• web and chat classes;
• telepresence;
• teleconferences;
• use of the Internet.

With distance learning, you can:

• to be trained in a general education institution, regardless of the material conditions of the family of a disabled person and of her place of residence;
• listen to lectures in a place convenient for oneself, study according to a schedule agreed with the student's parents, using specialized computer equipment.
• receive additional education;
• use and acquire teamwork skills;
• to prepare for admission to the university;
• to develop the creative abilities of the student;
• take part in research work;
• get the opportunity to consult with specialized doctors (psychologist, speech therapist, defectologist, etc.).

Distance learning allows children with disabilities to receive rehabilitation and developmental correction, to achieve full integration among their peers.

Possible compensation

The duty of the state is to give the disabled person education, for which budgetary funds are allocated. This is done in 2 ways:

1. In a public school.
2. At home.

Parents who teach a disabled person at home are paid after the child reaches the age of 6 years and 6 months.

That is, from the period of time when a disabled person can start studying at a general education school. Compensation payments are made until the end of schooling (on reaching the age of 18).

The period of education at school can be increased if the teenager has various serious pathologies.

If the child is homeschooled, then the number of hours of study with a teacher from school is much less than with regular school attendance. Therefore, the child must do most of the work himself.

Parents can agree with the teacher from the educational institution about additional classes, but the number of hours of such classes is limited by law to 3 hours per week.

Only the actual costs of training will be reimbursed and they should not exceed the established standard.

In order for the family of a disabled person to receive compensation, parents must submit an application for the need for additional general education to the head of the school, who will approve the amount of compensation paid to the family of a disabled person.

When making an application, you must indicate:

• passport data;
• a certificate from the housing office confirming the registration of the baby.
• birth certificate for a disabled child.

A number of documents must be attached to the application:

When the contract for homeschooling is signed, it is concluded for a period of 1 year, it will be possible to receive compensation.

If the expenses exceed the established limit, then they are borne by the parents of the child. Children with disabilities who have not reached school age have the right to attend some kindergarten classes.

Parents are not charged if the child is ill with a certain disease. The state also provides for certain groups of the population whose baby attends kindergarten.

These include:

• military families;
• single mothers;
• parents with a disabled child;
• large families;
• families where one of the parents is called up for military service;
• if both parents are students.

List of benefits

For disabled children under the age of 7, there is an opportunity to receive rehabilitation measures and receive everything necessary for a stay in a kindergarten.

There are a number of benefits for this category of people with disabilities:

• enrollment in a preschool without a queue;
• Parents are not charged for staying and meals in a preschool institution.

If the child is not able to attend kindergarten due to his state of health, then he must be given the opportunity to enroll in a specialized kindergarten without waiting in line.

Students have the same rights as listed above. They can study in both general and specialized schools.

Funds for the maintenance of disabled children in kindergartens and schools are allocated by the budget.

Children and schoolchildren with physiological and psychological pathologies, with the consent of their parents, can be trained in special educational institutions.

Education in these institutions is carried out taking into account the conclusion. Parents may choose to homeschool their child with a disability.

The state provides an opportunity for children with disabilities to enter state educational institutions without competition.

What are the problems in Russia

Currently, there are 2 problems that a child with a disability faces:

A child with disorders of the musculoskeletal system, vision, speech, hearing and minor deviations in intelligence can attend educational institutions.

But, a huge number of disabled children cannot attend general education institutions, and are forced to study according to an individual program.

Often the teacher finds it difficult to choose the right individual system for teaching the child. Often this applies to children with mental disabilities.

There are very few teachers in our country who are able to teach such children. The purpose of the school is to prepare the child for life in society and give him the knowledge necessary for this.

And although special subjects, such as defectology, correctional pedagogy, special psychology, are taught at lectures in pedagogical institutes, teachers are trained to teach children who do not have pronounced health disorders.

The state has enshrined in legal acts the obligation to give every child an education, including a child with disabilities, a child with a disability. Moreover, it does this in two ways: either by directly providing the necessary educational services in the system of preschool and general educational institutions, or by compensating the family for the costs of services received outside the state education system (in cash). Both of these represent the fulfillment of the obligations of the state to provide education to the disabled at the expense of targeted budget funds. Parents have the right to count on compensation when teaching disabled children at home. Parents (legal representatives) who bring up, educate and educate disabled children at home on their own, are compensated by the educational authorities for the costs of training and educating in a state or municipal educational institution of the appropriate type and kind.

At what age should parents be compensated for the education of their disabled children?

The Federal Law of November 24, 1995 No. 181-FZ “On the Social Protection of Disabled Persons in the Russian Federation” states that if it is impossible to educate and educate children with disabilities in general or special educational institutions, the state undertakes to ensure their education and upbringing at home . It follows from this that parents have the right to receive compensation from the moment their disabled child reaches the age from which the law allows admission to a general education institution. Parents of disabled children are entitled to receive compensation for education from the moment their child reaches the age of 6 years 6 months, since in accordance with Article 19. of the Law “On Education”, when a child reaches this age, in the absence of contraindications for health reasons, education begins in educational institutions that implement programs of primary general, basic general and secondary (complete) general education.
With regard to the age limit for receiving compensation for education, payments are made until the child receives a secondary (complete) general education, i.e. until the age of eighteen.
For children with disabilities, the age limit for obtaining a secondary (complete) general education may be increased.

What is the amount of compensation to parents for the education of a disabled child at home?

With home schooling, the number of lessons with teachers from the school is much less than the number of lessons that a child could attend at school. Accordingly, the volume of independent work increases sharply. Parents can fill the gap that has arisen by inviting teachers from other educational institutions.
The amount of compensation is limited to an amount equal to the standard of funding for training and education in a state or municipal educational institution. It should be borne in mind that only actual expenses incurred are subject to compensation, i.e. expenses already incurred by the parents. Payment of compensation to one of the parents (legal representatives) of a disabled child is made upon receipt of educational services in the amount of no more than three hours a week in accordance with the medical recommendations of the individual rehabilitation program. Compensation is assigned by order of the head of the educational institution based on the application of the parents. The calculation of the amount of compensation is made by the educational institution, in the list of which the disabled child is listed.

To receive reimbursement of expenses for the organization of additional educational services the parent (legal representative) with whom the child lives, applies to the head of the educational institution located at the place of actual residence of the disabled child with an application for the appointment of compensation for expenses for the organization of additional educational services. The statement states:

Passport, birth certificate of the child, certificate from the housing maintenance organization on the registration of the child in the living quarters. The following documents are attached to the application:
- a copy of the medical and social examination certificate confirming the child's disability;
- a copy of the individual program for the rehabilitation of a disabled child with the recommendations of the federal state institution "Main Bureau of Medical and Social Expertise" - a copy of the document on the education of a specialist providing additional educational services;
- a copy of the document confirming the right of the teacher to carry out individual labor pedagogical activity;
- license for the provision of educational services (for non-state educational institutions).

The parent (legal representative) becomes the recipient of compensation after the conclusion of an agreement on the organization of individual training at home. The contract is concluded for a period of one year.
The costs associated with inviting teachers in excess of the established workload are carried out at the expense of the parents (legal representatives).

Disabled children of preschool age, if it is impossible to train and educate them in general and special preschool educational institutions in accordance with medical indications and recommendations of an individual rehabilitation program, can attend separate classes and educational activities in a preschool educational institution located at the place of residence.

Should parents pay for the upbringing and education of a disabled child in kindergarten?

In accordance with Art. 52.1 of the Law of the Russian Federation "On Education" for the maintenance of children with disabilities attending state and municipal educational institutions that implement the main general educational program of preschool education, as well as children with tuberculosis intoxication located in these educational institutions, parental fees are not charged. Clause 1 of the Model Regulation on a special (correctional) educational institution for students, pupils with developmental disabilities, approved by Decree of the Government of the Russian Federation of March 12, 1997 No. 288, and clause 48 of the Model Regulation on a preschool educational institution, approved by Decree of the Government of the Russian Federation dated July 1, 1995, No. 677, categories of children with developmental disabilities are defined.
Children with disabilities are admitted to these educational institutions upon the conclusion of the psychological, medical and pedagogical commission (clause 25 of the Model Regulation on a special (correctional) educational institution for students, pupils with developmental disabilities, clause 27 of the Model Regulation on a preschool educational institution) . The fact that a child has a lack of mental or physical development is established by the psychological-medical-pedagogical commission.
The list of categories of children with developmental disabilities, established by the aforementioned model provisions, includes children with other developmental disabilities. Paragraph 1 of Article 52.1 of the Law of the Russian Federation “On Education” grants the founder the right to establish a fee charged from parents or legal representatives for the maintenance of children attending state and municipal educational institutions that implement the basic general educational program of preschool education. We believe that the founder has the right not to establish a parental fee for the maintenance of children with other developmental disabilities in these institutions if they have the relevant conclusions of the psychological, medical and pedagogical commission.

Besides, provides support for parents (legal representatives) who have benefits for paying for the maintenance of a child in a preschool educational institution. Beneficial categories may include: families with many children, single mothers (fathers), families of military personnel, families in which one of the parents is conscripted; families in which both parents are students, disabled parents, parents raising a disabled child, etc. The list of documents presented by parents to receive benefits for paying for the maintenance of a child in a preschool educational institution is established by order of local governments. For example, these could be the following documents:

- an application for granting benefits;
- information about the composition of the family;
- certificate of income of all family members for the last three months;
- a copy of the child's birth certificate;
- Copies of relevant certificates.
In accordance with Art.18. Federal Law No. 181-FZ of November 24, 1995 “On the Social Protection of Disabled Persons in the Russian Federation”, the upbringing and education of disabled children in preschool and general educational institutions are expenditure obligations of the constituent entity of the Russian Federation.

What benefits do children with disabilities have when entering higher education institutions?

Out of competition, subject to successful completion of entrance examinations to state educational institutions of secondary vocational education and state and municipal educational institutions of higher professional education, the following are accepted:
children with disabilities, disabled people of groups I and II, who, according to the conclusion of the federal institution of medical and social expertise, are not contraindicated in studying in the relevant educational institutions.

Disabled people under 18 are a special category of children who need special care and care from the closest people and society, as well as government agencies. Russia is constitutionally a social state. Therefore, regional administrations and the government of the Russian Federation are obliged to respect the rights of a disabled child in the Russian Federation, as well as to provide organizational and material support to disabled children, including their parents.

Education, training, and treatment of children with disabilities

The rights of a child with a disability at school and in the clinic must be fully ensured. Therefore, children with disabilities of preschool age:

1. All conditions for staying in preschool institutions of a standard type are created and the necessary rehabilitation measures are provided.

2. if the state of health does not allow the child to stay in a general institution, then they are sent to special preschool institutions.

What is the law for a child with a disability? According to federal law, children with disabilities have certain advantages over ordinary peers. The right of a child with a disability to education implies:

1. priority placement in preschool institutions;

2. exemption of their parents or guardians from the fee for childcare;

3. the possibility of teaching and educating children with disabilities in non-state educational institutions and at home. At the same time, parents are provided with compensation for these purposes;

4. special (correctional) classes or groups should be created for adolescents and children with developmental disabilities, which should ensure their upbringing and education, as well as treatment, social adaptation and integration into society. This should be done by the educational authorities.

Financing of these educational institutions is carried out according to increased standards. The categories of pupils and students who are sent to these educational institutions, including those who are fully supported by the state, are determined by the Government of Russia.

In addition, children with needs can receive additional types of social assistance:

1. free meals in school conditions;

2. priority admission to kindergartens, free admission;

3. assistance of social services in rehabilitation (psychological, social);

4. sparing regime for passing the exam.

Benefits and rights of families with disabled children

The Federal Children with Disabilities Act of 2019 says that families with children with disabilities can receive free of charge:

1. medical supplies (special shoes, wheelchairs, and so on);

2. medicines prescribed by law;

3. Sanitary-resort treatment once a year, travel is paid both ways;

4. medical treatment;

5. special literature for children with certain vision problems.

In addition, there are other benefits:

1. one of the working parents is given 4 additional days off per month;

3. the right to a reduced working week or a reduced working day if they have dependent children under 16 years of age;

4. A ban on reducing wages or refusing to hire for reasons that are associated with the presence of a disabled child.

Transport benefits

1. The law provides for free travel for children with disabilities in public transport (except for taxi travel), as well as for their accompanying person. This may be a parent, social worker or guardian (ID required).

2. payment for travel to the place of treatment of a child with a disability is also free. A travel card for a disabled child may be issued, or monetary compensation for travel may be provided if the relevant papers are issued;

3. Disabled children can also benefit from a 50% discount on intercity buses, airlines and trains from October to May 15th. At other times, the specified discount will be valid only once.

4. if there is a disabled child in the family from 5 years old who has impaired functions of the musculoskeletal system, it can be used to transport the child. If a vehicle is not provided, then parents are provided with compensation for the use of specialized vehicles.

Cash payments

What is due to a child with a disability from the state in 2019 in terms of cash payments?

1. Until April 2018, the amount is 11,903.51 rubles. Since childhood, disabled people are paid the following amounts:

1) disabled persons of group III - 4,215.90 rubles;

2) in group II - 9,919.73 rubles;

3) with group I disability - 11,903.51 rubles.

The amount of pension payments is subject to indexation at least once a year.

In addition, a monthly cash payment is provided, as well as a set of social services for families with disabled children. The size of the MU is determined by the desire of the family to partially or fully use social services in kind (in case of refusal, monetary compensation is issued).

A set of social services can be replaced by a cash equivalent. For 2019, a full package of social services is provided in the amount of 1,048.97 rubles per month:

1. 807.94 rubles - provision of medical devices, prescription drugs, medical food;

2. 124.99 rubles - vouchers for sanatorium treatment;

3. 116.04 rubles - free travel on intercity transport or suburban railway transport to the place where treatment is performed and home.

A non-working parent who cares for a disabled person is provided with a special care allowance. For each child with a disability or disabled since childhood of the first group, a payment is expected in the amount of:

1. 5500 rubles when leaving a guardian, adoptive parent or parent;

2. 1200 rubles when leaving by another person.

For groups 2 and 3 after 18 years of age, the allowance is not allowed. One of the parents of a disabled child can count on early retirement.

29.02.2020

Preferences for a disabled child and his family are offered in various areas: medical, housing, socio-cultural, labor. State guarantees are designed to make life easier, support and protect the rights of children and their loved ones.

The assignment of a disability to a child is carried out by an expert commission. As a result of a medical examination, parents are issued a conclusion, a sample of which is shown in the photo.

A child with a disability is recognized as a minor citizen who has persistent health problems of varying severity. The expert commission, along with the certificate, issues an individual rehabilitation and habilitation program (IPRA), which details the necessary rehabilitation and support measures.

From that moment on, the state guarantees the child and his family the rights and benefits established by law.

Regulatory regulation is carried out on the basis of:

• Convention on Human Rights;
• Convention on the Rights of Persons with Disabilities;
• the Constitution of the Russian Federation;
• Federal laws - "On the social protection of persons with disabilities in the Russian Federation" (FZ No. 181 of November 24, 1995), "On State Social Protection" (FZ No. 178), "On Education in the Russian Federation" (FZ No. 273);
• Decrees of the Government of the Russian Federation - on medical care (No. 890), housing benefits and rights (No. 649);
• Housing, Civil and Family Codes;
• Labor Code of the Russian Federation.

The rights of the child are also regulated by Decrees of the President of Russia, orders of the Ministry of Health and other departmental documentation. At the regional level, additional measures of social support are being introduced.

Basic rights of a child with a disability:

• For treatment;
• For upbringing and education;
• For financial assistance and benefits;
• for social services;
• For acceptable living conditions;
• To participate in cultural and social events;
• To work.

For medical care and health care

Medical care, treatment and rehabilitation are provided to disabled children free of charge () on the basis of the IPR. A sample of the first sheet of the document is shown in the photo.

The rights to free and preferential medical care for a child include:

• Consultations in the polyclinic, treatment in a hospital, rehabilitation centers;
• Provision of medicines from the list established by law. According to Government Decree No. 890, for children under 6 years of age, all medical equipment is free;
• Provision of TSR (technical means of rehabilitation), medicines, prosthetics;
• A voucher for sanatorium treatment and travel for the child and the accompanying person who cares for him. For this period, the parent (guardian) receives a temporary disability certificate.

Rehabilitation aids include more than just mobility aids. This includes literature, other informational media for parents, aids for children with hearing problems, vision problems (for example, Braille tablets), and so on.

The use of rehabilitation equipment, prostheses, prosthetic and orthopedic devices is regulated by Order No. 215n. A detailed description of the TSR is given in the Order of the Ministry of Labor No. 374n dated July 18, 2016.

Depending on the severity of functional disorders, the circumstances of the illness, the disability group, the child is partially or completely exempt from paying for prosthetic and orthopedic products. Children under the care of the state receive them free of charge. Repairs are also paid for from the budget.

To exercise the right, the legal representative of the child applies to the appropriate authority (for example, to the Social Insurance Fund).

Housing

The duty of the state is to provide a person with disabilities with optimal living conditions.

• Priority right to housing;
• Provision of additional space (10 sq. meters) or a separate room for a child. These square meters are not considered redundant, they are charged no more than a single rate, taking into account benefits.

Families with minors with disabilities who stay in a rented, communal apartment or hostel for a long time have the right to housing.

A child who has a disease from the list established by law is put on housing records: HIV, skin, mental pathologies, and so on. The room is given out of turn.

Since 2005, when applying for legal representatives to local governments, the apartment is not put into ownership, but under a social tenancy agreement (the family is placed in the general queue). When registering before 2005, priority is given to the allocation of housing.

ATTENTION! The basis for obtaining an apartment in the presence of a disabled child is recognized as living on the same area with another family with a seriously ill patient, which makes it impossible to stay together in the same territory.

The state also controls the living conditions of children. Measures to equip living space, taking into account the needs of people with disabilities, are reflected in Decree of the Government of the Russian Federation No. 649 of 07/09/2016.

The legislation also provides for the right to a plot of land under:

• Construction;
• Gardening;
• Farming.

For education

A child with health problems has an extraordinary right to enroll in a kindergarten, attending it is free.

There are several options for getting a school education:

• Teaching a child in ordinary educational institutions, if his condition allows (for example, with autism);
• Passage of specialized programs in correctional institutions- for the deaf, blind, visually impaired, hearing impaired, with mild mental retardation, with cerebral palsy. Often such schools have boarding status;
• Home education- to transfer to such a form, it is necessary to conclude the PMPK (Psychological and Medical Pedagogical Commission) that the child cannot study in a group or special institution. The teacher regularly comes to the student, for example, conducting 3 lessons for half an hour 3 times a week;
• Distance learning- refers to home-based, but the teacher conducts classes via the Internet according to the schedule. A computer and other learning aids are provided free of charge;
• Legal representative training- The 2010 Education Act allowed parents to independently teach their children in any form. Knowledge tests are conducted annually, and exams are held at the end of the course.

When a child passes the exam, a sparing regime is provided. Upon receipt of good results, he receives a priority right to enroll in a secondary or higher educational institution. However, the child should not have medical contraindications for study.

For social rehabilitation

Social services and rehabilitation include:

• Assistance in getting a job in a specialized institution, choosing a training program;
• Creation of suitable living and living conditions;
• Spiritual and physical development, psychological support for the child and his environment;
• Organization of entertainment, leisure;
• Assistance in the manifestation of creative abilities, self-expression;
• Teaching a child the skills of contact and interaction with the outside world, self-service, household orientation;
• Work with parents - the formation of a correct understanding and perception of the situation, psychological and behavioral correction.

Sociocultural

The rights of the child are considered in the Order of the Ministry of Culture of the Russian Federation No. 3019 of December 10, 2016.

Cultural institutions undertake to provide:

• Access of persons with disabilities to facilities and services;
• Acceptable conditions for visiting cultural sites;
• Informing children and parents about the program.

These measures allow disabled people to visit exhibitions, museums, theaters, rehabilitation circles and sections, and participate in excursions.

For life in a barrier-free environment

The law presupposes the access of persons with disabilities to various objects on an equal basis with healthy people.

Buildings must be equipped with:

• ramps;
• Convenient entrances;
• elevators;
• Help buttons;
• Sanitary rooms and so on.

Parks, roadways and other areas are also provided with special equipment:

• Traffic lights with signaling;
• Information in sound or bright light format;
• Communication means and so on.

For legal assistance and information

• Legal advice with explanations of rules and regulations;
• Assistance in finding articles, developing a strategy to resolve a difficult situation;
• Drafting and execution of documents, requests to government agencies;
• Representation of the child and his family in the authorities, court.

They seek the help of lawyers in the bureau, to lawyers working under the state program.

To receive alimony

According to the Family Code of the Russian Federation, the amount of alimony for a disabled child is calculated in a standard way. Payments make up 25% of the parent's income, when paid for 2 children - 33%, for a larger number - 50%.

If the child needs paid medical care, care, rehabilitation, the alimony payer is obliged to make a financial contribution to cover the costs

For labor activity

The right of disabled people to work is realized by creating specialized jobs at enterprises.

The measure is achieved by:

• Providing benefits to organizations that have such employees;
• Establishing quotas for the admission of disabled people and the minimum number of places for them;
• Reservation of vacancies focused on the employment of people with disabilities;
• Creation of additional places at the expense of budgetary funds and conditions for entrepreneurship of the disabled.

The state guarantees a person with health problems comfortable and specially equipped workplaces. A disabled employee is entitled to simplified working conditions and an acceptable schedule.

For financial assistance

Legislatively fixed monetary benefits to the child and persons caring for him:

• Social pension. Payments are made on the basis of a certificate of disability. The maximum amount is 12432.44 rubles (from 04/01/2019). In different regions of the country, the amount is slightly different;
• Disabled care allowance. To apply for it, the parent must have no income (salary, other benefits, pensions). The allowance is paid to any caregiver, regardless of the degree of relationship. Its size for parents in 2020 is 5,500 rubles (it is planned to increase to 10,000 rubles from July 1, 2019), for other persons - 1,200 rubles;
• Monthly payment. From February 1, 2019, the maximum accrual amount is 2,701.2 rubles.

Payments and benefits

The child's right to benefits, payments and other support remains until and after the age of majority.

Possible difficulties in exercising rights

The problem in the implementation of the rights and freedoms provided for the disabled is the imperfection of the legislation. The multi-level implementation system is the reason for the long and incomplete implementation of guarantees.

The main problems faced by the child and his parents:

• Difficulties of education. There are few correctional institutions, they often do not have enough places or they are significantly removed from the place of residence of the disabled person. Ordinary schools, colleges, universities do not have the necessary equipment and specially trained teachers;
• Lack of material support for such families, medical benefits. Most of the procedures, medicines for the child, the parents pay for themselves, so as not to miss the time. A free rehab plan is often insufficient and needs to be supplemented;
• Unfurnished buildings, territories. This creates difficulties in movement, deprives a person with disabilities of independence;
• Weak professional training and problems with employment;
• The problem of adaptation in society. Preservation of the negative perception of the disabled person as an inferior and useless person.

For a comfortable life and a happy childhood, a disabled child needs the joint help of parents, medical workers, teachers, and society. Improving the legislation on the rights of such children, the state creates a favorable environment for their physical and spiritual development. Comprehensive support will save the child and his family from most restrictions and isolation from society.

Each state and municipal secondary school is obliged to accept all children who have reached the age of 8 and live in the territory attached to it. (Law of the Russian Federation "On Education" of 01.01.01 N 3266-1, as amended on 25.07.2002, paragraph 1 of Article 16 and paragraph 2 of Article 19 Letter of the Ministry of Education of the Russian Federation of 01.01.01 N in / 14-06 "On Violations in the Admission of Children to the First Grades of General Educational Institutions")

A COMMENT: In accordance with this rule, a general education school must accept all children, regardless of their state of health. 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 teaching a disabled child in the form of introducing a special curriculum for him (for example, designed for teaching mentally retarded children), attracting defectologists, 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 the consent of their parents. They are sent to special schools by the educational authorities on the conclusion of the psychological-medical-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 study at home with the consent of their parents, subject to the conclusion of a medical institution. (The procedure for the upbringing and education of disabled children at home and in non-gift 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 above two rules, children with disabilities are sent to special schools, or are educated at home only with the consent of their parents. Therefore, the choice of these forms of education is the right, not the responsibility of the 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 on their own. Parents (legal representatives) who have disabled children, who bring them up and educate them at home on their own, are compensated by the educational authorities in the amount determined by state and local standards for financing the costs of training and upbringing in a state or municipal educational institution of the appropriate type and kind.

(Law of the Russian Federation "On Education" dated 01.01.01 N 3266-1, With as amended on 25.07.2002, paragraph 1 of Article 10; The procedure for the upbringing and education of 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 home schooling. When teaching at home, teachers from the school to which the child is attached come to his home for free and conduct classes with him, as well as carry out intermediate and final certification

his knowledge. At the same time, parents receive only compensation for the child's food (see about it below), and the work of teachers is paid by the state. In family education, parents themselves organize the learning process of their child. They can teach the child on their own or hire a teacher for this purpose. At the same time, the state pays them compensation in the amount of state and local standards for the cost of educating 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 and 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 standards for the cost of education in special schools are higher than in ordinary ones. In 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 funded 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, in agreement with the parents, conducts an intermediate and final assessment of the child. In case of unsatisfactory attestation, the contract may be terminated and the compensation subject to return. It should be borne in mind that the procedure for family education of disabled children in the part in which it differs from the 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), the state (final) certification is carried out in an environment that excludes the impact of negative facts on their health, and in conditions that meet the physiological characteristics and health status of children with disabilities. State (final) certification for disabled children can be carried out ahead of schedule, but not earlier than May 1 ) - for graduates of XI (XII) classes and with the district education department - for graduates of IX classes.

(Regulations on the state (final) certification of graduates of IX and XI (XII) classes of general educational institutions of the city of Moscow, approved by Order of the Moscow Committee of Education dated 01.01.01 N 155 clause 2.2)

COMMENTS: As a general rule, Grade 9 graduates take at least 4 exams (written exams in Russian language and algebra, as well as two exams chosen by the student from among the subjects studied in Grade 9). Graduates of the classes take at least 5 exams (written in algebra and beginning analysis and literature, as well as three exams of the student's choice from among the subjects studied in 10 classes). Examinations in selected subjects can be taken in both written and oral form. The form of examinations in a particular subject is established by the Ministry of Education and the school. Disabled children can take all the exams set for healthy graduates, but at the same time require the replacement of the written handicap for passing the exams with an oral one. For children with disabilities, the number of exams to be taken can also be reduced to two written exams. In the event of a reduction in the number of exams, the written form of the exams to be taken can also be replaced with an oral one. Final examinations for children with disabilities should be

is carried out in an environment that excludes the influence of negative factors on the state of their health, and in conditions that meet the physiological characteristics and state of health of children with disabilities. This can be expressed in taking final exams in the medical office of the school separately from other students or at home, etc. Issues related to the creation of special conditions for passing final exams are resolved in relation to each disabled child individually. The established rules for passing final exams apply to state, municipal and private schools.

Disabled children studying in special schools and general education schools for sick children and disabled children (schools at home) are provided with free two meals a day. As an exception, compensations for food are paid to the indicated disabled children who do not eat at school (studying at home) in the amount of the cost of two free meals a day - 37 rubles per day.

(Decree of the Government of Moscow "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 "of 01.01.01 N 745, paragraphs!.3 and 1.4)

COMMENTS: This procedure for payment of compensation is valid for the 2002/03 academic year.

Disabled children study at children's music, art schools and art schools of the system of the Moscow Committee for Culture free of charge.

(Temporary procedure for paying for tuition in children's music, art schools and art schools of the system of the Moscow Committee for Culture, approved by Order of the Committee for Culture dated May 6, 2002 N 205, paragraph 4)

2. The right to receive secondary and higher professional education

Disabled children and disabled people of groups I and II have the right to enter out of competition in state and municipal institutions of higher and secondary vocational education, provided that they successfully pass the exams and there are no contraindications for studying in these institutions in the individual rehabilitation program for a disabled person.

(Law of the Russian Federation "On Education" of 01.01.01 N 3266-1, as amended on 07.25.2002, 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, for the disabled, a preferential procedure for entering educational institutions has been established, since there is a competition for other persons - the one who passed the entrance exams best of all is enrolled. Private educational institutions are not required to establish such a preferential admission procedure, but are entitled to do so. The right of a disabled person to receive secondary and higher education (as opposed to receiving secondary education) may be limited, since his individual rehabilitation program may contain contraindications for his education in certain educational institutions.

Disabled people of groups I and II, who study free of charge in state and municipal universities on a full-time basis (full-time education), the amount of scholarships awarded is increased by 50 percent.

(Federal Law No. 125-FZ of January 1, 2001 “On Higher and Postgraduate Professional Education”, as amended on June 25, 2002, paragraph 3 of Article 16)

A COMMENT: The meaning of this rule is that the size of any scholarships awarded to the specified category of disabled people must be increased by 50 percent compared to the size of scholarships awarded to other students on the same basis as disabled people. This rule applies; only for the disabled, in universities.

Disabled people of groups I and II and combat invalids studying free of charge in state and municipal institutions of secondary and higher professional education are entitled to receive a social stipend, which is paid regardless of academic success. (Standard provision 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 paid 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 the collection of fees from students for accommodation in hostels and other utilities”)

COMMENTS: Currently, educational institutions have the right to independently set the amount of payment for living in dormitories belonging to them. The rule on exemption from such fees for persons with disabilities is advisory in nature, i.e. educational institutions may not comply with this requirement.

Disabled people as a result of the Chernobyl disaster have

out of competition to enter state institutions of primary, secondary and higher vocational education with the provision of a hostel in case of need for it;

to enter the preparatory departments of state universities, regardless of the availability of vacant places with the obligatory provision of a hostel in case of need for 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 Chernobyl disaster" dated 01.01.01 N 3061-I, as amended on July 25, 2002, clause 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 for admission to state educational institutions. Also, the scholarship for these disabled people is increased by 50 percent if they are students of institutions of not only higher, but also secondary vocational education.

Disabled soldiers have the right to enter out of competition in state institutions of secondary and higher vocational education, as well as in training courses for relevant professions.

(Federal Law of 01.01.01 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 disabled people due to the accident at the Chernobyl nuclear power plant. It applies to all war invalids, regardless of the group of disability, and does not apply to admission to municipal and private educational institutions.

Disabled in entrance exams V The university is given additional time to prepare an oral response and perform written work, but not more than 1.5 hours.

(Letter of the Ministry of Education of the Russian Federation of 01.01.01 N 27 / 502-6 “On the conditions for the admission and training of disabled people in institutions of higher professional education”)

Disabled students admitted to the university study according to individual plans approved by the rector, as well as according to the form of education proposed by the university, including external studies. For each semester, the dean of the faculty approves an individual schedule of consultations 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 the expansion of opportunities for higher education for the disabled" dated September 5, 1989 N 1/16/18)

Disabled students admitted to secondary specialized educational institutions study 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 Welfare of the RSFSR "On the expansion of opportunities for obtaining secondary specialized education for the disabled" dated November 3, 1989 N 1-141-U)

EDUCATION AND INDIVIDUAL REHABILITATION PROGRAM FOR THE DISABLED PERSON (IDP)

The IRP should provide for the disabled person to receive a secondary education.

IPR may provide for the disabled person to receive secondary and higher professional education. In accordance with the IPR, a disabled person is provided free of charge technical aids to facilitate his life and study within the framework of the regional basic rehabilitation program.

The IPR is obligatory for execution by public authorities, local governments and organizations of all organizational and legal forms and forms of ownership.

(Federal law "On the social protection of persons with disabilities in the Russian

Federation” dated 01.01.01 N 181-FZ, as amended