This Law governs relations related to the exercise of the rights of persons with handicapped health to education of any level and orientation in accordance with their abilities and capabilities, for the purpose of social integration specified persons, including the acquisition by them of self-service skills, preparation for work, including professional, activities and family life.
Chapter 1. General Provisions
Article 1. Scope of this Law
This Law applies to:
1) disabled children, other persons who are not recognized in the established order as disabled children, but who have temporary or permanent health limitations and need to create special conditions for training (education), as well as disabled people and other persons with disabilities over the age of 18 years of age studying in the main professional educational programs of primary vocational, secondary vocational and higher vocational education;
2) parents (legal representatives) of the persons specified in paragraph 1 of this article;
3) pedagogical and other employees involved in the upbringing and education of persons with disabilities, as well as pedagogical employees from among persons with disabilities;
4) public authorities of the city of Moscow, state educational institutions the city of Moscow (hereinafter - state educational institutions) and non-state educational organizations, relevant officials and managers, as well as associations of legal entities, public and state-public associations operating in the field of education.
Article 2. Basic concepts
For the purposes of this Law, the following basic concepts apply:
1) limitation of health capabilities - any loss of mental, physiological or anatomical structure or function or deviation from them, entailing a complete or partial restriction of the ability or ability to carry out household, social, professional or other activities in a way and to the extent that are considered normal for a person with other equal age, social and other factors. Depending on the degree of possibility of compensation or restoration, the disability may be temporary or permanent;
2) special conditions for learning (education) - special educational programs and teaching methods, textbooks, teaching aids, didactic and visual materials, technical means training for collective and individual use (including special ones), means of communication and communication, sign language translation in the implementation of educational programs, adaptation of educational institutions and adjacent territories for free access to all categories of persons with disabilities, as well as pedagogical, psychological and pedagogical, medical, social and other services that provide an adaptive educational environment and a barrier-free living environment, without which the development of educational programs by persons with disabilities is impossible (difficult);
3) inclusive education - joint training (education), including the organization of joint training sessions, leisure, various kinds additional education, persons with disabilities and persons without such limitations;
4) early assistance - family-oriented comprehensive psychological, pedagogical and medical and social assistance to children of infancy and early childhood childhood who have developmental disorders or deviations from various functions, as well as the risks of their occurrence at an older age, and families in crisis situations raising such children.
Article 3. Ensuring state guarantees of the right of persons with disabilities to receive education
1. The public authorities of the city of Moscow create conditions for persons with disabilities to receive education at any level in state educational institutions in accordance with federal legislation, laws and other regulatory legal acts of the city of Moscow by:
1) conducting a free examination by a psychological, medical and pedagogical commission;
2) implementation of free qualified psychological, medical and pedagogical correction of health limitations (hereinafter referred to as correction of health disabilities) from the moment they are detected, regardless of the severity in accordance with the medical report and (or) the conclusion of the psychological, medical and pedagogical commission;
3) creation in state educational institutions of special conditions for training (education) for persons with disabilities in accordance with the psychological and pedagogical and medical indications(contraindications), medical opinion and (or) opinion of the psychological-medical-pedagogical commission;
4) creating conditions for the rehabilitation of persons with disabilities using methods physical culture and sports in accordance with federal legislation, laws and other regulatory legal acts of the city of Moscow based on the recommendations of an individual rehabilitation program or a medical opinion;
5) providing an opportunity, taking into account medical recommendations and (or) recommendations of the psychological, medical and pedagogical commission, to receive education in state educational institutions of any type and type in the forms provided for by federal legislation, laws and other regulatory legal acts of the city of Moscow;
6) provision of disabled people, including disabled children, with computers, communication facilities and software when receiving education at home using distance learning educational technologies;
7) providing disabled people, including disabled children, in accordance with medical and social indications with transport services for the period of education to visit state educational institutions;
8) providing the opportunity to use the services of sign language interpreters, assistants based on the recommendations of an individual rehabilitation program or medical opinion;
9) providing an opportunity to study in additional educational programs and receive additional educational correctional services;
10) providing an opportunity to master basic and additional professional educational programs, taking into account individual psychophysical characteristics and opportunities based on the choice of labor profile;
11) ensuring employment after graduation in accordance with the education and (or) professional training received in the manner prescribed by federal legislation, laws and other regulatory legal acts of the city of Moscow;
12) ensuring other rights and guarantees in accordance with federal legislation, laws and other regulatory legal acts of the city of Moscow.
2. The public authorities of the city of Moscow ensure the organization of information and educational work with citizens in order to form positive ideas about persons with disabilities and prevent their discrimination in all spheres of life.
3. The public authorities of the city of Moscow implement joint programs and activities aimed at protecting the health of citizens, preventing disability, improving the education and training of people with disabilities, their social adaptation on the basis of an individual rehabilitation program or a medical opinion, ensuring unhindered access for people with disabilities health opportunities to objects of social, transport and engineering infrastructure of the city of Moscow. Interdepartmental commissions can be created to coordinate this activity, exchange information and experience.
4. The organizational basis of the policy of the city of Moscow to ensure state guarantees of the right of persons with disabilities to receive education are city targeted programs.
Article 4. Participation of parents (legal representatives) in the upbringing and education of persons with disabilities
The state authorities of the city of Moscow create conditions that provide the opportunity for parents (legal representatives) of persons with disabilities:
1) choose an educational institution (taking into account the medical opinion and (or) the conclusion (recommendations) of the psychological-medical-pedagogical commission);
2) choose the forms of education (taking into account the medical opinion and (or) the conclusion (recommendations) of the psychological-medical-pedagogical commission);
3) be present during the examination of the child by the psychological-medical-pedagogical commission, discuss the results of the examination, get acquainted with the conclusion and challenge it in the central (city) psychological-medical-pedagogical commission and in court;
4) participate in the development and implementation of individual curriculum, individual programs of education and training;
5) attend, in agreement with the administration of the educational institution, classes in the relevant educational institution in order to participate in the process of education and training of a person with disabilities;
6) receive advice on the upbringing and education of a child with disabilities at the place of his education, as well as in psychological, medical and pedagogical commissions and institutions providing psychological, pedagogical and medical and social assistance;
7) participate in the management of the educational institution;
8) receive reimbursement of expenses for the education of a child in a family in the amount determined by the standards of financial costs per student in a state educational institution of the appropriate type and kind;
9) enjoy other rights and guarantees in accordance with federal legislation, laws and other regulatory legal acts of the city of Moscow.
Chapter 2. Organization of education and training of persons with disabilities
Article 5. Forms of organization educational process for people with disabilities studying in basic and additional general education programs of primary general, basic general, secondary (complete) general education
1. The public authorities of the city of Moscow create conditions in state educational institutions for the inclusive education of persons with disabilities.
2. For persons with disabilities who do not have the opportunity to receive inclusive education, classes (groups) of compensatory education, special (correctional) classes (groups) are opened in state educational institutions.
3. For persons with disabilities who do not have the opportunity to study full-time, conditions are created for obtaining education in other forms, including using distance learning technologies.
4. Organization of the activities of classes (groups) for persons with disabilities in the implementation of educational programs, including the definition of admission rules, the maximum occupancy of classes (groups), requirements for the content of education and the organization of the educational process, the provision of rights, social guarantees and measures of social support for students and employees, is carried out in accordance with federal legislation, laws and other regulatory legal acts of the city of Moscow.
5. In order to overcome the health limitations of students, such limitations are corrected.
6. Correction of health limitations is carried out directly by the state educational institution, if the number of people with disabilities studying full-time education is more than six people. If the number of such students is less than six people, the correction of health limitations is carried out on the basis of an agreement between a state educational institution in which persons with disabilities study with a state educational institution for children in need of psychological, pedagogical and medical and social assistance, or a special (correctional) educational institution. The approximate form of the contract is approved by the authorized executive body of the city of Moscow in the field of education.
Article 6
1. The public authorities of the city of Moscow create preschool educational institutions for people with disabilities that correct health disabilities, as well as special (correctional) educational institutions.
2. Preschool educational institutions that carry out the correction of health limitations are created for persons with:
1) hearing impairments - deaf, hard of hearing and late deaf;
2) visual impairment - blind, visually impaired and late-blind, with strabismus and amblyopia;
3) speech disorders - general underdevelopment speech of different etiology, underdevelopment of the phonetic and phonemic side of speech, stuttering and other speech disorders;
4) disorders of the musculoskeletal system;
5) mental retardation of various origins;
6) mental retardation, including severe mental retardation;
7) complex defects, including those with deaf-blindness;
8) disorders of the emotional-volitional sphere and behavior;
9) other developmental disorders.
3. Special (correctional) educational institutions are created for deaf, hard of hearing and late deaf, blind, visually impaired and late blind children, children with severe speech disorders, disorders of the musculoskeletal system, mental retardation, for mentally retarded children and children with other disabilities .
4. Preschool educational institutions providing correction of health disabilities, as well as special (correctional) educational institutions may be created for joint education of people with various health disabilities, if such training does not interfere with the successful development of educational programs and there are no relevant medical contraindications.
5. In preschool educational institutions that carry out correction of health limitations, as well as in special (correctional) educational institutions, purposeful work for the correction of health limitations of students, pupils and their social integration in the implementation of basic and additional general educational programs, additional educational programs and programs up to vocational training.
6. In preschool educational institutions that carry out the correction of health limitations, as well as in special (correctional) educational institutions, groups of short-term stay may be opened or special educational units may be created for the correction of health disabilities and social integration of persons with disabilities according to the profile of the institution, studying in other educational institutions, in the conditions of a stationary medical institution, at home, as well as receiving education in other forms (except full-time).
7. Specialists of pre-school educational institutions that correct health limitations and special (correctional) educational institutions provide advice to teachers of other educational institutions and parents (legal representatives) of persons with disabilities on their upbringing and education. The procedure for providing such assistance is determined by the authorized executive body of the city of Moscow in the field of education.
Article 7. Education at home
1. For persons who, for health reasons, temporarily or permanently do not attend educational institutions, with the consent of their parents (legal representatives), the state authorities of the city of Moscow create conditions for studying at home.
2. Education at home is carried out by educational institutions on the basis of a medical report. The list of diseases, the presence of which gives the right to study at home, is determined in accordance with regulatory legal acts Russian Federation.
3. Education at home is organized on the basis of an agreement between the state authorities of the city of Moscow, managing in the field of education, the educational institution, the student and (or) his parents (legal representatives). An exemplary form of an agreement on homeschooling is approved by the authorized executive body of the city of Moscow in the field of education.
4. Persons studying at home using distance learning technologies are provided with computer equipment, communications equipment and software at the expense of the budget of the city of Moscow for the period of education.
5. Correction of health limitations of persons studying at home is carried out on the basis of an agreement with a state educational institution for children in need of psychological, pedagogical and medical and social assistance, or a special (correctional) educational institution. The approximate form of the contract is approved by the authorized executive body of the city of Moscow in the field of education.
Article 8. Training and education in the conditions of a stationary medical institution
1. The state authorities of the city of Moscow create conditions for persons with disabilities who are on long-term (more than 21 days) treatment in inpatient medical institutions for training and education in accordance with educational programs of the appropriate level.
2. Organizational matters education and upbringing provided for by this article shall be regulated by an agreement between a hospital and a state educational institution that implements educational programs of the appropriate level and is located, as a rule, in close proximity to the hospital.
3. An approximate form of an agreement on the organization of training and education in a stationary medical institution is approved by the authorized executive body of the city of Moscow in the field of education.
4. Correction of limitations in the health of persons studying in an inpatient medical institution is carried out on the basis of an agreement with a state educational institution for children in need of psychological, pedagogical and medical and social assistance, or a special (correctional) educational institution.
5. An approximate form of an agreement with a state educational institution for children in need of psychological, pedagogical and medical and social assistance, or a special (correctional) educational institution is approved by the authorized executive body of the city of Moscow in the field of education.
Article 9. Education of persons with disabilities living in stationary institutions social services
1. In order to carry out a comprehensive medical, social and professional rehabilitation of persons with disabilities living in stationary social service institutions, in their structure, by decision of the authorized executive body of the city of Moscow in the field of social protection of the population, structural divisions and (or) special classes are created (groups) implementing educational programs of the appropriate level, and labor training workshops in the manner prescribed by federal legislation, laws and other regulatory legal acts of the city of Moscow.
2. A stationary social service institution corrects the limitations of the health of persons living in it, provides consultative, diagnostic and methodological assistance to their parents (legal representatives) on medical, social, legal and other issues, develops individually differentiated training programs implemented by them independently or with the involvement of state educational institutions that implement educational programs of the appropriate level.
3. An approximate form of an agreement on the organization of training in a stationary social service institution is approved by the authorized executive body of the city of Moscow in the field of education.
4. Taking into account the needs of persons with disabilities in stationary institutions of social services, permanent, five-day and daytime forms of stay are organized.
Article 10. Vocational education and employment of persons with disabilities
1. The state authorities of the city of Moscow create conditions for persons with disabilities to receive primary vocational, secondary vocational, higher vocational, additional vocational education, vocational training in state educational institutions in accordance with the level of general education or vocational training they have by forming state assignments for training personnel and providing the educational process with adequate material and technical, didactic and methodological means of training, taking into account the specifics of the limitations of the health of these individuals and medical indications for training and work.
2. State educational institutions of primary vocational, secondary vocational and higher vocational education carry out psychological, medical and pedagogical correction of health limitations of students, aimed at restoring or compensating impaired functions.
3. When mastering basic and additional professional educational programs using distance learning technologies, disabled people, including disabled children studying in basic professional educational programs of primary vocational, secondary vocational and higher professional education, are provided with computer equipment, communications equipment for the period of education and software at the expense of the budget of the city of Moscow.
4. The public authorities of the city of Moscow take measures to employ persons with disabilities upon graduation in accordance with the education and (or) professional training received in the manner established by federal legislation, laws and other regulatory legal acts of the city of Moscow, by providing services for professional orientation and adaptation, creation of additional jobs for disabled people and specialized organizations employing disabled people, reserving and quoting jobs for disabled people, taking into account options for the labor forecast of people with disabilities, providing subsidies to enterprises and organizations employing disabled people.
Article 11. Psychological-medical-pedagogical commissions
1. In order to identify children with disabilities and (or) deviations in behavior, conduct a comprehensive examination of them and prepare recommendations for providing them with psychological, medical and pedagogical assistance and organizing their upbringing and education, the authorized executive body of the city of Moscow in the field of education creates central (city) and territorial (district) psychological-medical-pedagogical commissions.
2. The procedure for organizing and the main areas of activity of psychological, medical and pedagogical commissions are determined in accordance with federal legislation.
3. Recommendations on the creation (change) of special conditions for training (education), contained in the conclusion of the psychological, medical and pedagogical commission, are binding on state educational institutions and non-state educational organizations in which persons with disabilities study.
Article 12
State educational institutions for children in need of psychological, pedagogical and medical and social assistance, special (correctional) educational institutions and preschool educational institutions that correct health disabilities provide persons with disabilities and their parents (legal representatives) with a comprehensive psychological pedagogical and medical and social assistance aimed at:
1) identification, psychological, medical and pedagogical diagnostics and correction of health limitations;
2) development of individual training programs and organization of individual and (or) group classes aimed at developing self-service skills, communication, elementary labor skills for people with complex and (or) severe health disabilities;
3) implementation of psychological and pedagogical support for persons with disabilities and their parents (legal representatives);
4) consultative, diagnostic and methodological assistance to parents (legal representatives) of persons with disabilities on medical, social, legal and other issues;
5) informational and methodological support of pedagogical and other employees of educational institutions in which persons with disabilities study;
6) implementation of a comprehensive system of measures for social adaptation and vocational guidance of persons with disabilities.
Article 13
1. In order to provide comprehensive psychological, pedagogical and medical and social assistance to persons with disabilities in infancy and early childhood from the moment they have developmental disorders of various functions or the risk of their occurrence at an older age in state educational institutions in which necessary conditions, an early intervention service can be set up.
2. The main activities of the early intervention service are:
1) conducting a psychological, medical and pedagogical examination of children in infancy and early childhood;
2) provision of comprehensive correctional and developmental assistance to children of infancy and early childhood;
3) providing advice to parents (legal representatives) on the upbringing and education of children and the organization of psychological and pedagogical support for the family of a child with disabilities in infancy and early childhood.
3. The authorized executive body of the city of Moscow in the field of education and the authorized executive body of the city of Moscow in the field of healthcare shall inform the population about early intervention services and the services they provide.
Article 14. Features of the admission of persons with disabilities to state educational institutions
1. Admission of persons with disabilities to state educational institutions is carried out in accordance with general order established by federal legislation, laws and other regulatory legal acts of the city of Moscow for the admission of citizens to state educational institutions, taking into account the specifics established by this Law.
2. A state educational institution is not entitled to refuse to admit persons with disabilities to study due to the presence of such restrictions, except for cases established by federal legislation and the laws of the city of Moscow.
3. A refusal to admit a person with disabilities to a state educational institution may be appealed in accordance with the procedure established by federal legislation, laws and other regulatory legal acts of the city of Moscow.
Article 15
1. A person with disabilities is transferred to another educational institution or to another form of education on the basis of the conclusion of the psychological, medical and pedagogical commission and with the consent of the parents (legal representatives) of a minor child if he does not master the educational program in the chosen educational institution and according to the chosen form. The issue of transfer is considered, as a rule, after the end of the academic year, if more early term does not correspond to the interests of the student, pupil.
2. Joint upbringing and education of persons with disabilities and persons without such disabilities should not adversely affect the learning outcomes of the latter. In the event that the psychological, medical and pedagogical commission establishes the impossibility of joint education of persons with disabilities who are successfully mastering educational programs, and persons who do not have such restrictions, on the basis of a decision of the self-government body of the educational institution, the state authority of the city of Moscow, which manages in the field of education, in agreement with the parents (legal representatives) of minor children and taking into account the recommendations of the psychological, medical and pedagogical commission, takes measures to continue education for persons with disabilities in another educational institution or in another form of education.
Article 16. Final certification of persons with disabilities
1. The final certification of persons with disabilities is carried out in accordance with federal legislation, laws and other regulatory legal acts of the city of Moscow in an environment that excludes the influence negative factors on the state of health of such persons, and is organized taking into account the peculiarities of their psychophysical development and individual capabilities.
2. In order to realize the right of persons with disabilities to receive secondary vocational and higher vocational education, the state authorities of the city of Moscow, which manage in the field of education, provide students with disabilities, upon their written application, with the opportunity to participate in a unified state exam held in the procedure established by federal legislation, and create organizational and technological conditions for them, taking into account their psychophysiological characteristics and recommendations of the federal executive body exercising the functions of control and supervision in the field of education.
3. Persons with disabilities who studied according to individual curricula and have not mastered the educational program of general education or educational programs for students, pupils with disabilities, including educational programs of special (correctional) educational institutions, are issued a certificate of graduation from an educational institution, in which indicates the subjects by year of study, the programs of which have been mastered. The categories of students, pupils who are issued a certificate of graduation from an educational institution, and the procedure for issuing a certificate are determined by the regulatory legal acts of the Russian Federation.
Article 17
The interaction of public authorities of the city of Moscow with organizations in the field of education of persons with disabilities is carried out on the basis of the following principles:
1) ensuring the full and equal participation of persons with disabilities in education, social development and employment in accordance with their abilities and capabilities;
2) involvement of public organizations of people with disabilities and organizations that use the labor of people with disabilities to make decisions in the field of education and training of people with disabilities, the development of program documentation, the use of reinforcing and alternative methods, methods and formats of communication, teaching methodologies and materials to support people with disabilities in the quality development of educational material;
3) creation of an effective system of education and training of teachers involved in the education (education) of persons with disabilities in the field correctional pedagogy, special psychology, features of the psychophysical development of persons with disabilities, methods and technologies for organizing the educational and rehabilitation process for such persons;
4) stimulating the participation of organizations, associations of legal entities, public and state-public associations in providing the material and technical conditions for the educational process of persons with disabilities, the production of specialized educational, rehabilitation, medical equipment, technical training aids for them, the creation of jobs and targeted employment of people with disabilities.
Chapter 3. Financial and logistical support for the education of persons with disabilities
Article 18. Financing the education of persons with disabilities
1. Financing of state educational institutions in which persons with disabilities study is carried out at the expense of the budget of the city of Moscow on the basis of an individual staffing table in accordance with the financial cost standards approved by the Government of Moscow for the next financial year. The financial standards of costs include the costs of creating special conditions for the training (education) of persons with disabilities.
2. The costs of providing disabled people, including disabled children, with transport services for the period of education to attend state educational institutions are reimbursed in the manner determined by the Moscow Government.
3. Compensation of expenses to parents (legal representatives) for independent education of a child with disabilities at home in accordance with an individual training program is carried out in the manner established by the regulatory legal acts of the city of Moscow, in the amount of the costs of training (educating) a child in a state educational institution for corresponding level of education.
4. Compensation of expenses to parents (legal representatives) for the education of a person with disabilities in a non-state educational institution (organization) is carried out in the amount of the costs of his education in a state educational institution in the manner determined by the regulatory legal acts of the city of Moscow.
Article 19
1. The state authorities of the city of Moscow create conditions in state educational institutions that provide training for persons with disabilities, conditions that provide an opportunity for such persons to have unimpeded access to the buildings and premises of an educational institution, organize their stay and study in this institution: visual, sound and tactile media, handrails, ramps, special elevators, specially equipped training places, specialized educational, rehabilitation, medical equipment, as well as equipment and technical means of training for individual and collective use, including for organizing correctional and rehabilitation rooms, organizing training using distance learning technologies, organization of sports and public events, nutrition, provision of medical care, health and treatment and preventive measures, household and sanitary and hygienic services, performance of other functions necessary for the full-fledged education (education) of persons with disabilities and implementation correction of health limitations.
2. Publication of textbooks and teaching aids, including digital educational resources, didactic and visual materials necessary for the education (education) of persons with disabilities, is carried out at the expense of the budget of the city of Moscow, regardless of circulation.
Article 20
1. The state authorities of the city of Moscow create conditions for the special training of pedagogical and other employees involved in the training (education) of people with disabilities in the field of correctional pedagogy, special psychology, features of the psychophysical development of children with disabilities, methods and technologies of organization educational and rehabilitation process for such children.
2. Pedagogical and other employees of state educational institutions involved in the training (education) of persons with disabilities are set additional payments in the manner determined by the Moscow Government.
3. Pedagogical workers who train people with disabilities using distance learning technologies are provided with computer equipment, communications and software.
4. A pedagogical worker with disabilities, in the presence of an appropriate conclusion of an institution of medical and social expertise, has the right to have an assistant.
5. The creation of the necessary conditions for the teaching activities of a pedagogical worker with disabilities is carried out in the manner established by federal legislation, laws and other regulatory legal acts of the city of Moscow.
Chapter 4. Final and transitional provisions
Article 21. Responsibility for violation of the requirements of this Law
Persons guilty of violating the requirements of this Law shall be liable in accordance with the legislation of the city of Moscow.
Article 22. Entry into force of this Law
1. This Law shall enter into force 10 days after its official publication, with the exception of part 3 of Article 10, parts 2-4 of Article 18, part 3 of Article 20 of this Law.
2. Part 3 of Article 20 of this Law shall enter into force 10 days after its official publication in relation to teachers who train persons with disabilities using distance learning technologies in basic and additional general education programs, and from January 1, 2011 - in in relation to pedagogical workers who train people with disabilities using distance learning technologies in basic and additional professional educational programs.
3. Part 3 of Article 10 and parts 2-4 of Article 18 of this Law shall enter into force on January 1, 2011.
Article 23. Transitional provisions
1. Prior to the creation in state educational institutions of the conditions provided for by Part 1 of Article 19 of this Law, in order to organize the system of inclusive education by the state authorities of the city of Moscow, which manage in the field of education, in accordance with the needs of the population in providing appropriate educational services a state educational institution (institutions) is determined on the territory of the administrative district (district) of the city of Moscow, the conditions for the implementation of the educational and rehabilitation process in which are closest to those determined by this Law.
2. In the implementation of inclusive education, before the creation in a public educational institution of the conditions provided for by paragraph 1 of Article 19 of this Law, in order to ensure a balance of interests of students with disabilities and students who do not have such restrictions, as well as conditions for successful labor activity teaching staff, by decision of the authorized executive body of the city of Moscow in the field of education, taking into account the recommendations of the psychological, medical and pedagogical commission in the class (group), a smaller occupancy may be established, and the ratio in the class (group) of persons with disabilities and persons without of such restrictions for full-time students is determined in such a way that co-education does not interfere with the successful development of educational programs by them.
3. The provision of subsidies provided for by Part 4 of Article 10 of this Law is carried out in the manner established by the regulatory legal acts of the city of Moscow in accordance with the law of the city of Moscow on the budget of the city of Moscow for the corresponding financial year and planning period.
4. Prior to the entry into force of part 2 of article 18 of this Law, the state authorities of the city of Moscow create conditions for transport services for persons with disabilities, including children with disabilities, for the period of education in order to ensure the possibility of their delivery to state educational institutions by the beginning of training sessions and by place of residence after graduation.
5. Providing students and teachers with disabilities with the services of assistants, sign language interpreters is carried out in accordance with the individual staffing tables of state educational institutions within the funds for ensuring the main activity.
| Mayor of Moscow | Yu.M. Luzhkov |
Law of the City of Moscow dated April 28, 2010 N 16 “On the education of persons with disabilities in the city of Moscow”
1. Regulatory legal documents regulating the procedure for conducting a GIA for persons with disabilities, children with disabilities and people with disabilities:
- the federal law dated December 29, 2012 No. 273-FZ “On Education in the Russian Federation”;
- Order of the Ministry of Education of Russia and Rosobrnadzor dated November 7, 2018 No. 190/1512 “On approval of the Procedure for conducting state final certification in educational programs of secondary general education” (registered by the Ministry of Justice of Russia on December 10, 2018, registration No. 52952);
- Guidelines for the organization and conduct of the state final certification for educational programs of basic general and secondary general education in the form of the main state exam and the unified state exam for persons with disabilities, children with disabilities and people with disabilities
2. Admission to the GIA
Students who do not have academic debt, including for the final essay (statement), and who fully completed the curriculum or individual curriculum (having annual marks for all academic subjects curriculum for each year of study in the educational program of secondary general education is not lower than satisfactory).
Persons with disabilities, children with disabilities and people with disabilities have the right to write both the final essay and the presentation (in this case, the time increases by 1.5 hours).
Results of the final essay taken into account at the discretion of the university.
Presentation results universities are not taken into account.
The final essay (statement) is carried out in conditions that take into account the state of their health. For persons with medical indications for homeschooling and the relevant recommendations of the psychological, medical and pedagogical commission, the final essay (statement) organized at home (or in a medical institution).
The conduct of the final essay (statement) is regulated The procedure for conducting state final certification for educational programs of secondary general education, approved by the Order of the Ministry of Education of Russia and Rosobrnadzor dated November 7, 2018 No. 190/1512 "On approval of the Procedure for conducting state final certification for educational programs of secondary general education" (registered by the Ministry of Justice of Russia on December 10, 2018, registration No. 52952) And .
3. Necessary documents for granting special conditions
Students, graduates of previous years with disabilities, when applying, present a copy recommendations of the psychological-medical-pedagogical commission (PMPC).
Students, graduates of previous years, children with disabilities and people with disabilities - the original or a duly certified copy of the certificate confirming the fact of the establishment of disability, issued by the federal state institution of medical and social expertise (hereinafter referred to as the FGU ITU Certificate).
In the application, students indicate special conditions that take into account the state of their health, the characteristics of their psychophysical development.
4. GIA form
Students with disabilities, students with disabilities and people with disabilities in educational programs of secondary general education can voluntarily choose the form of the GIA (single State exam(USE) or State Final Examination (GVE)).
GVE results, Unlike USE results, are not taken into account when entering universities, and are counted only as the results of the state final certification. Students who passed the GVE will be able to enter the university based on the results of entrance examinations, the form and list of which are determined by the educational institution of higher education.
5. Duration of GIA
The duration of the exam for these persons is increased by 1.5 hours(with the exception of the exam in foreign languages(section "Speaking").
The duration of the exam in foreign languages (section "Speaking") is increased by 30 minutes.
6. Conditions for the GIA
Logistical conditions for the exam provide the possibility of unimpeded access of such students, graduates of previous years in the classroom, toilet and other premises, as well as their stay in these premises (the presence of ramps, handrails, widened doorways, elevators, in the absence of elevators, the audience is located on the ground floor; the presence of special chairs and other fixtures).
During the exam, there are assistants, providing the specified students, graduates of previous years with the necessary technical assistance, taking into account their individual capabilities, helping them to take workplace, move around, read the task.
These students, graduates of previous years, taking into account their individual capabilities, use in the process of passing the exam the technical means they need.
GVE in all academic subjects at their request is carried out orally.
For the hearing impaired students, graduates of previous years, auditoriums for the exam are equipped with sound-amplifying equipment for both collective and individual use.
For the deaf and hard of hearing students, graduates of previous years, if necessary, an assistant sign language interpreter is involved.
For the blind students, graduates of previous years:
- examination materials are issued in Braille or in the form of an electronic document accessible using a computer;
- written examination paper performed in braille or on a computer;
- a sufficient number of special accessories are provided for the design of answers in Braille, a computer.
For the visually impaired students, graduates of previous years, examination materials are copied in an enlarged size, in the classrooms for exams, magnifying devices and individual uniform lighting of at least 300 lux are provided.
For students, graduates of previous years with disorders of the musculoskeletal system written examination work can be performed on a computer with specialized software.
During the examination for these students, graduates of previous years, meals and breaks for the necessary therapeutic and preventive measures.
For persons with medical indications for homeschooling and the relevant recommendations of the psychological-medical-pedagogical commission, the exam is organized at home.
6. Peculiarities of consideration of appeals of GIA participants with disabilities
To consider appeals from GIA participants with disabilities, children with disabilities and people with disabilities, the CC engages in its work audio interpreters (to consider appeals from blind GIA participants), sign language interpreters (to consider appeals from deaf GIA participants).
Together with a GIA participant with disabilities, a child with a disability, a disabled person, in addition to his parents (legal representatives), an assistant may be present at the consideration of his appeal.
If the CC detects an error in transferring the answers of the blind or visually impaired participants of the GIA to the GIA forms, the conflict commission takes into account these errors as a technical marriage. The examination papers of such GIA participants are re-processed (including transfer to standard size GIA forms) and, if necessary, re-checked by experts.
Providing an accessible educational environment for students with disabilities at RMAT
Organization learning activities students with disabilities. For the purpose of comprehensive support of the educational process for students with disabilities, by order of the rector dated August 25, 2017 No. 1097/1, obligations are provided for organizing pedagogical support for the educational process (duties of a tutor).
RMAT provides support for entrance examinations for applicants with disabilities (if they intend to enter the Academy). When conducting entrance examinations, special conditions are created, including the possibility of choosing the form of entrance examinations (written or oral), the ability to use technical means, the assistance of an assistant, as well as an increase in the duration of entrance examinations.
For the training of persons with disabilities, if necessary, individual curricula and individual training schedules are developed. When drawing up an individual curriculum, the characteristics and educational needs of a particular student are taken into account.
The form of current and final certification for students with disabilities is established taking into account individual psychophysical characteristics (orally, in writing on paper, in writing on a computer, in the form of testing, etc.); if necessary, additional time is provided to prepare a response to the test or exam.
The choice of places for internships for persons with disabilities is made taking into account the requirement of their accessibility, as well as the recommendations of the medical and social expertise regarding the conditions and types of work.
When teaching people with disabilities are used electronic means, facilitating the reception and transmission of information in accessible forms, depending on the nosology.
Barrier-free environment. RMAT provides an accessible educational environment for students with disabilities. The territory meets the conditions for unhindered, safe and convenient movement of students with limited mobility, access to buildings and structures is provided.
In educational buildings, an entrance accessible to persons with a violation of the musculoskeletal system is provided. Unhindered access to the educational building No. 1 at the address Moscow region, g.o. Khimki, microdistrict Skhodnya, st. Gorky, d. 7 provides an entrance equipped with a ramp and handrails. A tactile sign has been installed at the entrance to the building educational organization with mode of operation. The front door is marked with a warning sign for the visually impaired. Wide corridors and doorways allow wheelchairs to move freely.
The building is equipped with a mobile lifting device for the unhindered movement of persons with disabilities, a wheelchair.
In the auditorium intended for students with disabilities, the first tables in the row near the window and in the middle row are intended for students with visual and hearing impairments, there is an induction loop system for the hearing impaired.
For students moving in a wheelchair, 1-2 first tables are allocated in a row at the doorway.For students with disabilities, a sanitary and hygienic room on the first floor is specially equipped.
Information about danger or important events is transmitted through the alarm and notification system.
REGULATIONS GOVERNING WORK WITH STUDENTS WITH DISABILITIES AND DISABILITIES
 | Regulations on the education of persons with disabilities in the Russian international academy tourism |
| Features of conducting entrance examinations for persons with disabilities and disabled people | |
IN last years Considerable attention is paid to the problems of children with special health needs (HIA). What is it and how to solve them? Let's try to figure it out.
Disabilities of health (HIA). What it is?
Scientific literature sources describe that a person with disabilities has certain limitations in daily life. We are talking about physical, mental or sensory defects. Therefore, a person cannot perform certain functions or duties.
This condition can be chronic or temporary, partial or general.
Naturally, physical limitations leave a significant imprint on psychology. Usually, people with disabilities tend to isolation, are characterized by low self-esteem, increased anxiety and self-doubt.
Therefore, work must begin from childhood. Considerable attention within the framework of inclusive education should be given to the social adaptation of disabled people.
Three-bar scale of disability
This is the British version. The scale was adopted in the 1980s by the World Health Organization. It includes the following steps.
The first one is called "illness". We are talking about any loss or anomaly (psychological/physiological, anatomical structure or function).
The second stage involves patients with defects and loss of the ability to perform activities that are considered normal for other people.
The third stage is incapacity (disability).
Types of HIA
In the approved classification of violations of the basic functions of the body, a number of types are distinguished. Let's dwell on them in more detail.
1. Violations mental processes. It is about perception, attention, memory, thinking, speech, emotions and will.
2. Violations in sensory functions. These are sight, hearing, smell and touch.
3. Violations of the functions of respiration, excretion, metabolism, blood circulation, digestion and internal secretion.
4. Changes in the static-dynamic function.
Disabled children, who belong to the first, second and fourth categories, are a large part of the total. They are distinguished by certain deviations and developmental disorders. Therefore, such children require special, specific methods of training and education.
Psychological and pedagogical classification of children who belong to the system of special education
Let's consider this question in more detail. Since the choice of techniques and methods of training and education will depend on this.
- Children with developmental disabilities. They lag behind in mental and physical development due to the fact that there is an organic lesion of the central nervous system and violations of the functioning of analyzers (auditory, visual, motor, speech).
- Children who have developmental disabilities. They differ in the deviations listed above. But they limit their possibilities to a lesser extent.
Children with disabilities, children with disabilities have significant developmental disorders. They enjoy social benefits and benefits.
There is also a pedagogical classification of violations.
It consists of the following categories.
Children with disabilities:
- hearing (late-deaf, hearing-impaired, deaf);
- vision (visually impaired, blind);
- speech (various degrees);
intellect; - delayed psychoverbal development (ZPR);
- musculoskeletal system;
- emotional-volitional sphere.
Four degrees of health impairment
Depending on the degree of dysfunction and adaptation possibilities, it is possible to determine the degree of health impairment.
Traditionally, there are four degrees.
First degree. The development of a child with disabilities occurs against the background of a lung and moderate disturbance functions. These pathologies may be an indication for the recognition of disability. However, as a rule, this does not always happen. Moreover, at proper education and upbringing, the child can fully restore all functions.
Second degree. This is the third group of disability in adults. The child has pronounced disturbances in the functions of systems and organs. Despite treatment, they continue to limit his social adaptation. Therefore, such children need special conditions for education and life.
The third degree of health impairment. It corresponds to the second group of disability in an adult. There is a large severity of violations that significantly limit the child's ability in his life.
The fourth degree of health impairment. It includes pronounced violations of the functions of systems and organs, due to which the child's social maladjustment occurs. In addition, we can state the irreversible nature of the lesions and, often, the ineffectiveness of measures (therapeutic and rehabilitation). This is the first group of disability in an adult. The efforts of teachers and doctors are usually aimed at preventing a critical condition.
Problems of development of children with disabilities
This is a special category. Children with disabilities are distinguished by the presence of physical and mental disorders that contribute to the formation of disorders general development. This is the generally accepted position. But it is necessary to understand this issue in details.
If we talk about a child with minor disabilities, which we have already determined, then it should be noted that by creating favorable conditions, most of the problems with development can be avoided. Many violations are not limiters between the child and the outside world. Competent psychological and pedagogical support for children with disabilities will allow them to master the program material and study together with everyone in general education school attend regular kindergarten. They can communicate freely with their peers.
However, disabled children with serious disabilities need special conditions, special education, upbringing and treatment.
Social policy of the state in the field of inclusive education
In Russia, in recent years, certain areas of social policy have been developed that are associated with an increase in the number of children with disabilities. What is it and what problems are being solved, we will consider a little later. For now, let's note the following.
The basic provisions of social policy are based on modern scientific approaches, available material and technical means, a detailed legal mechanism, national and public programs, high level professional training of specialists and so on.
Despite the efforts made and the progressive development of medicine, the number of children with disabilities is steadily growing. Therefore, the main directions of social policy are aimed at solving the problems of their education at school and stay in a preschool institution. Let's consider this in more detail.
Inclusive education
The education of children with disabilities should be aimed at creating favorable conditions for the realization of equal opportunities with peers, education and a decent life in modern society.
However, the implementation of these tasks should be carried out at all levels, from kindergarten and ending with school. Let's take a look at these stages below.
Creating a "barrier-free" educational environment
The basic problem of inclusive education is to create a "barrier-free" educational environment. The main rule is its accessibility for children with disabilities, solving the problems and difficulties of socialization.
In educational institutions that provide their support, it is necessary to comply with general pedagogical requirements for technical equipment and equipment. This is especially true for the implementation of household needs, the formation of competence and social activity.
In addition, special attention should be paid to the upbringing and education of such children.
Problems and difficulties of inclusive education
Despite the ongoing work, the education and upbringing of children with disabilities is not so simple. The existing problems and difficulties of inclusive education are reduced to the following positions.
Firstly, a group of children does not always accept a child with disabilities as "their own".
Secondly, teachers cannot master the ideology of inclusive education, and there are difficulties in implementing teaching methods.
Third, many parents do not want their normally developing children to be in the same class as a "special" child.
Fourthly, not all disabled people are able to adapt to the conditions ordinary life without requiring additional attention and conditions.
Children with disabilities in a preschool
Children with disabilities in preschool educational institutions are one of the main problems of a non-specialized kindergarten. Since the process of mutual adaptation is very difficult for the child, parents and teachers.
The priority goal of the integrated group is the socialization of children with disabilities. For them preschool becomes the starting point. Children with different abilities and developmental disabilities must learn to interact and communicate in the same group, develop their potential (intellectual and personal). This becomes equally important for all children, as it will allow each of them to maximize the existing boundaries of the world around them.
Children with disabilities at school
The priority task of modern inclusive education is to increase attention to the socialization of children with disabilities. Approved adapted program for children with disabilities for education in a comprehensive school. However, the currently available materials are scattered and not integrated into a system.
On the one hand, inclusive education in general education schools is beginning to appear, on the other hand, the heterogeneity of the composition of students is increasing, taking into account the level of their speech, mental and mental development.
Such an approach leads to the fact that the adaptation of both conditionally healthy children and children with disabilities is significantly more difficult. This leads to additional, often insurmountable difficulties in the implementation of the individual approach of the teacher.
Therefore, children with disabilities in school cannot simply learn on an equal basis with others. For a favorable result, certain conditions must be created.
The main areas of work in the system of inclusive education
For the full development of a child with disabilities at school, it is necessary to work in the following areas.
Firstly, in order to solve problems, it is recommended to create a group of psychological and pedagogical support in an educational institution. Her activities will be as follows: to study the features of the development of children with disabilities and their special needs, to draw up individual educational programs, to develop forms of support. These provisions should be recorded in a special document. This is an individual card of psychological and pedagogical support for the development of a child with disabilities.
Secondly, constant adjustment of the methods and methods of training and education is necessary.
Thirdly, the escort group should initiate a revision of the curriculum, taking into account the assessment of the child's condition and the dynamics of his development. As a result, an adapted version of it for children with disabilities is being created.
Fourthly, it is necessary to regularly conduct correctional and developmental classes aimed at increasing motivation, developing cognitive activity, memory and thinking, and understanding one's personal characteristics.
Fifth, one of the necessary forms of work is work with the family of a disabled child. Its main goal is to organize assistance to parents in the process of mastering the practical knowledge and skills necessary in the upbringing and education of children with disabilities. In addition, it is recommended:
- actively involve the family in the work of the educational institution, providing psychological and pedagogical support;
- provide counseling to parents;
- educate the family in the techniques and methods of assistance available to them;
- organize feedback parents with an educational institution, etc.
In general, it should be noted that inclusive education in Russia is just beginning to develop.
This Federal Law is adopted for the purpose of creating legislative framework to meet the needs of persons with disabilities in education, adaptation and integration of these persons into society.
CHAPTER I. GENERAL PROVISIONS
Article 1. Basic terms
For the purposes of this Federal Law, the main terms have the following meanings:
Special education - preschool, general and vocational education, for the receipt of which special conditions are created for persons with disabilities to receive education;
A person with disabilities - a person with physical and (or) mental disabilities that prevent the development of educational programs without creating special conditions for education;
Child - a person who has not reached the age of eighteen years;
Adult - a person who has reached the age of eighteen;
Disadvantage - a physical or mental disability, confirmed by a psychological, medical and pedagogical commission in relation to a child and a medical and social expert commission in relation to an adult, as well as in the cases established by this Federal Law by a repeated examination;
Physical disability - duly confirmed temporary or permanent deficiency in the development and (or) functioning of a human organ (organs) or chronic somatic or infectious diseases;
Mental deficiency - a temporary or permanent deficiency in the mental development of a person, confirmed in the prescribed manner, including a violation of speech, emotional and volitional spheres, including autism, a consequence of brain damage, as well as a violation mental development, including mental retardation, mental retardation, creating learning difficulties;
Complex handicap - a set of physical and (or) mental handicaps, confirmed in the prescribed manner;
A severe handicap is a physical or mental handicap confirmed in the prescribed manner, expressed to such an extent that education in accordance with state educational standards (including special ones) is inaccessible and learning opportunities are limited to obtaining elementary knowledge about the world around us, acquiring self-care skills and acquiring elementary labor skills or receiving elementary vocational training;
Special conditions for obtaining education - the conditions of learning (education), including special educational programs and teaching methods, individual technical means of learning and the environment of life, as well as pedagogical, medical, social and other services, without which it is impossible (difficult) to master general educational and professional educational programs for people with disabilities;
Integrated education - joint education of people with disabilities and people who do not have such disabilities, by creating special conditions for education by people with disabilities;
Educational institution of general purpose - an educational institution created for the training of persons who do not have restrictions for health reasons to receive education;
Special educational institution - an educational institution established for the training of persons with disabilities; special educational unit - structural subdivision educational institution of general purpose, created for the education of persons with disabilities;
Educational institution of integrated education - an educational institution of general purpose, in which special conditions have been created for the education of persons with disabilities together with persons who do not have such disabilities;
Education at home - the development of general education and professional educational programs by a person who, for health reasons, temporarily or permanently does not attend an educational institution, in which education is carried out at home by pedagogical workers of the relevant educational institutions, including using distance learning tools;
State nominal educational obligation - a nominal document establishing the obligation of state authorities of the Russian Federation or state authorities of a constituent entity of the Russian Federation to finance, in accordance with special standards, the education of persons with disabilities when teaching them in educational institutions of all types and types, regardless of the forms of development of educational programs;
Full state provision - provision of persons with disabilities studying in state, municipal special educational institutions - boarding schools and special educational units - boarding schools of state, municipal educational institutions of general purpose, food, clothing, shoes, soft inventory, necessary equipment and individual technical means . Article 2. Participants in relations regulated by this Federal Law
This Federal Law governs the relations of individuals and legal entities involved in the implementation special education:
Persons with disabilities who are citizens of the Russian Federation;
Parents (other legal representatives) of children with disabilities, as well as legal representatives or duly authorized representatives of adults with disabilities;
Pedagogical, medical and other workers involved in the implementation of special education, as well as pedagogical workers from among persons with disabilities;
State bodies, bodies local government, state, municipal, non-state organizations, their officials, as well as persons involved in the implementation of special education. Article 3. Purposes of special education
1. Special education provides persons with disabilities with education in accordance with their abilities and opportunities in a learning environment adequate to their health in order to adapt and integrate (reintegrate) these persons into society, including acquiring self-service skills, preparing them for work and family life.
2. If a person with disabilities is recognized as a disabled person, special education is included in the individual rehabilitation program for the disabled person in accordance with the legislation on the social protection of disabled people. Article 4. Legislation of the Russian Federation in the field of education of persons with disabilities
1. The legislation of the Russian Federation in the field of education of persons with disabilities includes the Constitution of the Russian Federation, the Law of the Russian Federation "On Education", this Federal Law, other laws adopted in accordance with them and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation in the field of education of persons with disabilities.
2. When regulating legal relations in the field of education of persons with disabilities, generally recognized principles and norms of international law and international treaties of the Russian Federation are applied. If an international treaty of the Russian Federation establishes other rules than those provided for by the legislation of the Russian Federation in the field of education of persons with disabilities, the rules of the international treaty shall apply. Article 5. State policy in the field of special education
1. The state provides persons with disabilities with conditions for receiving free education in accordance with their abilities and capabilities, including promoting the development of integrated education.
2. Implementation public policy in the field of special education is carried out on the basis of the federal target program for the development of special education, which is an integral part of the federal program for the development of education. The federal target program for the development of special education is being developed with the involvement of public associations of persons with disabilities, public associations of parents (other legal representatives) of these persons and other public associations.
3. The Russian Federation and the constituent entities of the Russian Federation provide, in accordance with the legislation, tax, customs and other benefits to organizations providing special education. Article 6
1. In the field of special education, the jurisdiction of the Russian Federation shall be:
1) establishment of federal components of special state educational standards for preschool education and general education;
2) determination of the legal status of sign language, Braille, other special means of communication, receiving and transmitting information;
3) determination of uniform principles and standards for creating special conditions for education by persons with disabilities and principles for the final certification of these persons;
4) approval of standard provisions on special educational institutions of the relevant types and types; determination of the features of the creation, reorganization and liquidation of special educational institutions, licensing them educational activities, as well as features of certification and state accreditation of special educational institutions;
5) establishing the features of financing and financing standards in accordance with the state nominal educational obligation;
6) the establishment of benefits provided for by federal law for persons working in the field of special education;
7) organization of research activities in the field of special education;
8) organization of state control over the quality of special education and state supervision and control over the implementation of the legislation of the Russian Federation in the field of special education for persons with disabilities; creation of conditions for the participation of public associations in resolving issues in the field of special education.
CHAPTER II. RIGHTS IN THE FIELD OF SPECIAL EDUCATION OF PERSONS WITH LIMITED HEALTH OPPORTUNITIES, THEIR PARENTS (OTHER LEGAL REPRESENTATIVES)
Article 7. Rights of citizens in the field of special education
1. Citizens have the right to an examination in order to receive special education and a state nominal educational obligation.
2. Persons with disabilities have the right to:
1) free examination by a psychological-medical-pedagogical commission or a medical-social expert commission;
2) free medical-psychological-pedagogical correction of physical and (or) mental deficiencies from the moment they are discovered, regardless of their severity in accordance with the conclusion of the psychological-medical-pedagogical commission;
3) free preschool education, primary general and basic general education from the age of six to eight years in accordance with the conclusion of the psychological-medical-pedagogical commission and the individual curriculum. the terms for mastering the basic general education programs of primary general and basic general education are determined by the model regulations on educational institutions of the corresponding types and types and cannot be less than nine years;
4) receiving free education in a special educational institution, an educational institution of integrated education, a special educational unit or a general educational institution in accordance with psychological, pedagogical and medical indications (contraindications);
5) free education in an educational institution, regardless of its organizational and legal form, in accordance with state educational standards (including special ones), regardless of the form of education, guaranteed by the state nominal educational obligation;
6) provision in accordance with social or medical indications vehicles for delivery to the nearest appropriate educational institution. The procedure for providing vehicles is established by the Government of the Russian Federation. Article 8. Rights of parents (other legal representatives) of persons with disabilities
1. Parents (other legal representatives) of a child with disabilities have the right to:
1) be present during the examination of the child
by the Psychological, Medical and Pedagogical Commission, to discuss the results of the survey, to challenge the conclusion of this commission in the manner prescribed by paragraph 5 of Article 23 of this Federal Law;
2) participate in the development and implementation of individual training programs;
3) to attend classes free of charge with the permission of the head of the educational institution in state and municipal educational institutions of secondary vocational and higher vocational education, in order to obtain special knowledge for more effective upbringing and development of the child;
4) to reimburse the costs of educating a child in a family on an individual curriculum in the amount of expenses for the education of the child at the corresponding stage of education in a state or municipal special educational institution, determined by state funding standards, including funds allocated from the state nominal educational obligation, subject to the implementation of an individual curriculum;
5) receive advice from the psychological-medical-pedagogical commission on issues of special education.
2. The rights specified in subparagraphs 1 and 2 of paragraph 1 of this article are also granted to other legal representatives of persons with disabilities. The provisions of subparagraph 1 of paragraph 1 of this article shall apply to legal representatives of adults with disabilities subject to the provisions of paragraph 7 of article 23 of this Federal Law. Article 9. State provision of persons with disabilities
Persons with disabilities are on full state support in state, municipal special educational institutions-boarding schools and special educational units - boarding schools of state, municipal educational institutions of general purpose:
Deaf and hard of hearing;
Blind and visually impaired;
With severe speech disorders;
With dysfunctions of the musculoskeletal system;
Mentally retarded;
With pronounced (deep) disorders of the emotional-volitional sphere and behavior;
Having learning difficulties due to mental retardation;
With complex flaws.
CHAPTER III. ORGANIZATION OF SPECIAL EDUCATION
Article 10. Forms of obtaining special education
Persons with disabilities may receive special education in special educational institutions, special educational units, educational institutions of integrated education, educational institutions of general purpose in the forms provided for by the Law of the Russian Federation "On Education".
Article 11. Education at home
1. For persons who temporarily or permanently do not attend educational institutions for health reasons, the relevant education authorities are obliged to organize homeschooling.
The list of diseases, the presence of which gives the right to study at home, is established in the manner determined by the Government of the Russian Federation.
2. Education at home is carried out by an educational institution in which the persons referred to in paragraph 1 of this article are constantly studying, or by the corresponding state-accredited educational institution closest to their place of residence, based on the conclusion of a medical institution in relation to children suffering from somatic diseases, or on the basis of a psychological-medical-pedagogical commission or a medical-social expert commission in other cases. Education at home is carried out on the basis of an agreement between the education authority, the educational institution, the student and (or) his legal representatives.
The form of the contract for homeschooling is approved by the federal state educational authority.
3. Home education is funded in accordance with Article 29 of this Federal Law. Article 12. Education in the conditions of a stationary medical institution
1. In order to realize the right of citizens to education, create conditions for its receipt, educational authorities and health authorities are obliged to organize the education of children with disabilities who are on long-term (more than twenty-one days) treatment in inpatient medical institutions, in accordance with general educational programs.
2. educational institution at the location of the inpatient medical institution provides education to children in various forms. Organizational issues of training are regulated by an agreement between a stationary medical institution and a general educational institution.
The form of an agreement on the organization of training in an inpatient medical institution is approved by the relevant federal executive authorities, whose competence includes education and health care.
3. Education in the conditions of a stationary medical institution is financed in accordance with Article 29 of this Federal Law. Article 13. Education in an educational institution of general purpose
1. Persons with disabilities have the right to study at a general educational institution in accordance with the law of the Russian Federation "On Education" if there is an appropriate conclusion of a psychological, medical and pedagogical commission or a medical and social expert commission.
2. Persons with disabilities studying in a general educational institution have the right to use the services of an assistant during classes if there is a corresponding recommendation in the conclusion of the commissions specified in paragraph one of this article.
The rights and obligations of an assistant may be established by local acts of the educational institution. Article 14. Integrated education
1. For persons with disabilities, integrated education is organized in accordance with psychological, pedagogical and medical indications (contraindications), if the educational institution of integrated education has the necessary special conditions for receiving education. An educational institution of integrated education is not entitled to refuse admission to such persons due to their physical and (or) mental disabilities in the absence of contraindications to training and (or) vocational education and restrictions for working in a particular profession (specialty).
In an educational institution of integrated education, the number of persons with disabilities should not exceed twenty percent of the total number of students and pupils.
An educational institution of integrated education from the day a person with disabilities enrolls in it enjoys the right to its financing at the expense of the federal budget and (or) the budget of the constituent entities of the Russian Federation in the amount established by the state nominal educational obligation.
2. Joint education and upbringing of persons with mental or complex disabilities and persons who do not have such disabilities should not adversely affect the learning outcomes of people who do not have such disabilities. persons with mental or complex disabilities who successfully master the educational program of an educational institution of integrated education may be expelled from this educational institution due to the impossibility of co-education on the basis of a decision of the council of the educational institution in agreement with the psychological, medical and pedagogical commission. At the same time, the executive authorities, whose competence includes issues of education, take measures within a month to continue education by these persons in an adequate form for them. Article 15. Special educational institutions
1. Special educational institutions are created and operate in the Russian Federation, the types and types of which are determined in accordance with the educational programs they implement, rehabilitation activities and the age of students and pupils.
2. Special educational institutions may be established and operate in the Russian Federation for persons:
1) with speech disorders - severe speech disorders, phonetic and phonemic underdevelopment of speech and impaired pronunciation of individual sounds;
2) with hearing impairment - deaf, hard of hearing and late deaf;
3) visually impaired - blind, visually impaired and late-blind, with strabismus and amblyopia;
4) with mental disorders - mental retardation, mentally retarded, with profound mental retardation;
5) with dysfunctions of the musculoskeletal system;
6) with complex disorders, including deaf-blindness;
7) with disorders of the emotional-volitional sphere and behavior;
8) subject to chronic somatic or infectious diseases.
Special educational institutions can be created for the joint education of persons with various physical and (or) mental disabilities, if this does not prevent the successful development of educational programs and there are no medical contraindications for such training. Article 16. Speech therapy service
1. To assist children with various speech disorders and studying in educational institutions of general purpose, a speech therapy service is organized.
Based on the number of children in need of speech therapy assistance, this assistance can be provided through:
Introduction to the staff of a general educational institution of the position of a teacher-speech therapist;
Creation of a speech therapy room in the structure of the education management body;
Creation of a speech therapy center - an institution with the rights of a legal entity.
2. The model regulation on the speech therapy service is approved by the federal executive body, whose competence includes education issues. Article 17. Rehabilitation centers
1. In order to train and (or) educate persons with complex and (or) severe disabilities, rehabilitation centers of various profiles are created. State rehabilitation centers (at least one in each subject of the Russian Federation) are created by the federal executive body.
2. The tasks of the rehabilitation centers are the formation of communication and self-service skills, elementary labor skills and the organization of classes according to individual educational programs.
Classes in rehabilitation centers are organized according to individual and (or) group training programs with the number of students in a group of no more than ten people, and with a complex defect - no more than six people.
3. The rehabilitation center is a legal entity. A model regulation on a rehabilitation center is approved in the manner established by the Government of the Russian Federation. Article 18. Peculiarities of admission to educational institutions of persons with disabilities
Admission to educational institutions of persons with disabilities is carried out in the manner established by law Russian Federation "On Education", and on the basis of the conclusion of the psychological-medical-pedagogical commission or the medical-social expert commission. Article 19. Transfer of persons with disabilities from special educational institutions to other educational institutions
1. The transfer of persons with disabilities from special educational institutions of one type or type to special educational institutions of another type or type, to educational institutions of integrated education or to educational institutions of general purpose is carried out on the basis of the conclusion of the psychological, medical and pedagogical commission or medical and social expert commission and with the consent of the parents (other legal representatives) of minor children.
The issue of transfer is considered, as a rule, after a year from the date of admission to a special educational institution, if an earlier period of re-examination does not meet the interests of the student or pupil.
2. In case of reorganization or liquidation of a special educational institution, the education management body, which has jurisdiction over this institution, ensures the transfer of students, pupils with their consent or with the consent of their parents (other legal representatives) to other special educational institutions or to the relevant educational institutions of integrated education. Article 20. Special educational institutions of a closed type. Special educational divisions of educational institutions created at institutions performing
Criminal penalties in the form of imprisonment
1. For children with physical and (or) mental disabilities who have committed socially dangerous acts, who have reached the age of eleven and are recognized by the court as socially dangerous, special educational institutions of a closed type are created, the founders of which can only be federal executive bodies and executive bodies. authorities of the constituent entities of the Russian Federation.
The direction of such children to special educational institutions of a closed type is carried out by a court decision, taking into account the conclusion of the psychological, medical and pedagogical commission in the manner established by federal law.
2. In educational institutions created at institutions executing criminal sentences in the form of deprivation of liberty, special educational units are created for convicted persons with disabilities. Article 21. Special state educational standards
1. For persons with disabilities, whose education in accordance with state educational standards is impossible due to the peculiarities of their physical and (or) mental disabilities, special state educational standards are established. Special state educational standards for vocational education are not established.
2. The procedure for the development, approval and introduction of special state educational standards is determined by the Government of the Russian Federation. Article 22. Features of the final certification of persons with disabilities.
1. The final certification of persons with physical disabilities and who have mastered educational programs of the appropriate level is carried out in accordance with the law of the Russian Federation "On Education".
2. The final certification of persons with mental or complex disabilities and who have mastered educational programs for special educational institutions is carried out in the manner established by the federal executive body, whose competence includes education issues. Article 23
1. Diagnosis of physical and (or) mental disabilities of children, the establishment of their rights to special education and the creation of special conditions for education, as well as counseling parents (other legal representatives) on all issues of physical and (or) mental disabilities of children are carried out by permanent interdepartmental psychological-medical-pedagogical commissions.
Psychological-medical-pedagogical commissions are created on the basis of an average of one commission for ten thousand children living in a given territory, but not less than one psychological-medical-pedagogical commission on the territory of each subject of the Russian Federation.
For the purpose of scientific and methodological service
Psychological-medical-pedagogical commission and conflict resolution between the commission and parents (other legal representatives) of children with disabilities, federal psychological-medical-pedagogical centers are created at the rate of one center for ten commissions, but not more than one psychological-medical-pedagogical center on the territory of each subject of the Russian Federation. If the number of commissions is less than ten in one subject of the Russian Federation, one federal psychological, medical and pedagogical center is created for several subjects of the Russian Federation. The creation of federal psychological, medical and pedagogical centers is carried out in agreement with the state authorities of the constituent entity of the Russian Federation on whose territory it is created.
The procedure for the creation of psychological, medical and pedagogical commissions and federal psychological, medical and pedagogical centers and standard provisions for them are established by the Government of the Russian Federation.
2. The main functions of the psychological-medical-pedagogical commission are:
1) conducting the earliest possible free psychological, medical and pedagogical examination of children, identifying the features of their development in order to establish a diagnosis and determine adequate special conditions for education;
2) certification of the rights of a child with disabilities to special education, drawing up an appropriate conclusion;
4) confirmation, clarification and change of a previously established diagnosis;
5) consulting parents (other legal representatives) of children with disabilities;
6) advising pedagogical, medical and social workers on issues related to special conditions for children to receive education, their rights and the rights of parents (other legal representatives);
7) formation of a data bank on children with disabilities, child pathology (insufficiency) and provision of the collected information to the relevant education authorities, health authorities and social protection authorities.
3. The structure of the psychological-medical-pedagogical commission without fail includes:
Psychologist;
Doctors - psychiatrist, neuropathologist, orthopedist, otolaryngologist, ophthalmologist, therapist (pediatrician), physiotherapist;
Specialists in the field of special education - speech therapist, oligophrenopedagogue, deaf teacher, typhlopedagogue, social pedagogue;
Representatives of the relevant educational authorities, health authorities and social protection authorities take part in the work of the psychological, medical and pedagogical commission.
4. The referral of children to the psychological, medical and pedagogical commission is carried out at the request of the parents (other legal representatives), a court decision, as well as with the consent of the parents (other legal representatives) at the initiative of the relevant educational authorities, health authorities, social protection authorities, educational institutions, health care institutions, social protection of the population or public associations dealing, in accordance with their constituent documents, with the protection of the rights of persons with disabilities. When sending children for examination by a court decision, the consent of parents (other legal representatives) is not required.
Health care institutions are obliged to send the child to the psychological-medical-pedagogical commission within ten days if he has obvious signs of physical and (or) mental deficiencies in order to determine special conditions for him to receive education.
5. The results of the examination of the child are reflected in the conclusion of the psychological, medical and pedagogical commission, which is the basis for sending the child with the consent of the parents (other legal representatives) to a special educational institution, for organizing home-based education or for sending to educational institutions of integrated education. Members of the psychological-medical-pedagogical commission are obliged to keep professional secrecy, including keeping the conclusion confidential.
In case of disagreement of parents (other legal representatives) with the conclusion of the psychological, medical and pedagogical commission, within a month from the date of submission of their application, the relevant psychological, medical and pedagogical center conducts a second examination.
The conclusion of the re-examination may be appealed to the court. 6. Psychological-medical-pedagogical commission and
Psychological-medical-pedagogical center are legal entities.
7. The functions of the psychological, medical and pedagogical commission in relation to adults are performed by medical and social expert commissions.
Appealing the conclusions of medical and social expert commissions is carried out in the manner prescribed by the legislation of the Russian Federation. Article 24. Documents certifying the right to receive special education
1. The right to receive special education is certified by a document issued to a child (his legal representative) by a psychological, medical and pedagogical commission or to an adult (his legal representative) by a medical and social expert commission. The form of the document is established in the manner determined by the Government of the Russian Federation.
2. Special conditions for obtaining education are determined on the basis of the conclusion of the psychological-medical-pedagogical commission or the medical-social expert commission.
3. On the basis of the documents specified in paragraphs 1 and 2 of this article, the executive authority, whose competence includes issues of financing education, issues a state nominal educational obligation to a person with disabilities (his legal representative). The state nominal educational obligation cannot be the subject of civil circulation, including sale and purchase and pledge, about which a corresponding entry is made in the state nominal educational obligation.
The form of the state nominal educational obligation, the procedure for calculating its price and the procedure for obtaining this obligation are established by the Government of the Russian Federation.
4. Officials of psychological, medical and pedagogical commissions and medical and social expert commissions, in accordance with the legislation of the Russian Federation, are responsible for the accuracy of the information contained in the documents specified in paragraphs 1 and 2 of this article. Persons guilty of issuing a deliberately incorrect conclusion by a psychological-medical-pedagogical commission or a medical-social expert commission, illegal issuance of documents specified in paragraphs 1, 2 and 3 of this article shall bear disciplinary, administrative, property and criminal liability established by the legislation of the Russian Federation .
CHAPTER IV. SPECIAL EDUCATION MANAGEMENT
Article 25
1. Management of special education in the Russian Federation is carried out by the federal executive body, whose competence includes issues of education, and by the relevant executive bodies of the subjects of the Russian Federation.
2. Executive authorities, whose competence includes education issues, adopt and implement joint programs and conduct joint activities aimed at protecting the health of citizens, preventing disability, social adaptation of people with disabilities, crime prevention, medical and social rehabilitation of people with disabilities. To coordinate this activity, exchange information and experience on issues of special education, interdepartmental commissions can be created.
The executive authorities, whose competence includes education issues, inform the psychological-medical-pedagogical commissions, the psychological-medical-pedagogical center and the medical-social expert commissions about their decisions in the field of special education. Article 26. Peculiarities of reorganization and liquidation of special educational institutions Reorganization and liquidation of state, municipal special educational institutions may be carried out if students, pupils are guaranteed the continuation of education in adequate special conditions for obtaining education. During the reorganization and liquidation of non-state special educational institutions, students and pupils are guaranteed the realization of the rights to education in state, municipal educational institutions of the appropriate types and types. Article 27
1. Licensing of educational activities of special educational institutions is carried out in accordance with the Law of the Russian Federation "On Education" subject to the following conditions:
1) a license for the right to conduct educational activities is issued to educational institutions of vocational education, special educational institutions by the federal state educational authority, with the exception of special preschool educational institutions, special educational institutions for children with mental retardation and (or) mentally retarded children.
2) a special subject of expertise is the availability of special conditions for obtaining education, for non-state special educational institutions also the possibility of their financing in accordance with established standards.
2. Certification and state accreditation of a special educational institution are carried out in the manner prescribed by the Law of the Russian Federation "On Education", subject to the following conditions:
1) certification of a special educational institution is carried out with a positive result of the final certification of at least half of the graduates in the past academic year;
2) state accreditation of a special educational institution is carried out only by the federal state educational authority. Article 28. Control over activities in the field of special education
1. Control over activities in the field of special education is carried out by the relevant executive authorities and local governments within their competence in the forms provided for by laws and other regulatory legal acts.
Control over the activities of state, municipal educational institutions in which persons with disabilities are trained is carried out by their founders.
2. public control for activities in the field of special education is carried out by public associations dealing, in accordance with their constituent documents, with the protection of the rights of persons with disabilities.
3. Supervision over the implementation of legislation on special education is carried out by the bodies of the prosecutor's office.
CHAPTER V. PROVISION OF CONDITIONS FOR OBTAINING SPECIAL EDUCATION
Article 29. Financing of special education
1. Financing of an educational institution in which a person with disabilities studies is carried out by the founder, as well as at the expense of the federal budget or the budget of the corresponding subject of the Russian Federation in the amount established by the state nominal educational obligation.
2. Financing of special education is carried out in the amount of the federal funding standard established for educational institutions of general purpose of the corresponding types and types in accordance with the Law of the Russian Federation "On Education".
At the expense of state nominal educational obligations, the costs of creating special conditions for obtaining education by persons with disabilities, providing these persons with textbooks, teaching aids, individual technical teaching aids and vehicles are paid.
3. At the expense of the federal budget, expenses are made to ensure state nominal educational obligations of persons with disabilities studying in educational institutions of vocational education, as well as in special educational institutions, with the exception of special preschool educational institutions, special educational institutions for children with mental retardation development and (or) mentally retarded children.
4. The standards for financing state nominal educational obligations at the expense of the federal budget are established in the manner determined by the law of the Russian Federation "On Education" for the financing of state and municipal educational institutions.
5. The state nominal educational obligation is fulfilled when the person (his legal representative) transfers the documents provided for in Article 24 of this Federal Law to the administration of the educational institution in which this person is accepted for study.
6. Persons with disabilities studying in educational institutions of general purpose that do not have special educational units are not issued state nominal educational obligations.
If, according to the conclusion of the psychological-medical-pedagogical commission or the medical-social expert commission, the training of persons with disabilities is impossible without an assistant, then the costs of remuneration of the student’s assistant and the cost of individual technical teaching aids are reimbursed in the manner determined for the state nominal educational obligation and in accordance with in amounts not exceeding the size of the state nominal educational obligation.
7. Financing of the speech therapy service is carried out by its founders.
8. Education at home for people with somatic diseases, as well as their education during their stay in hospital, carried out at the conclusion of a medical institution. medical institution financed by the educational institution in which these persons are constantly studying. Education at home for persons with disabilities, carried out on the basis of the conclusion of the psychological, medical and pedagogical commission or the medical and social expert commission, is financed from state nominal educational obligations.
9. The creation of the necessary conditions for the teaching activities of a specialist with disabilities is carried out at the expense of the founder of the relevant educational institution. Article 30
1. For a special educational institution, an educational institution of integrated education and a special educational unit, in order to ensure the activities provided for by their charters, the founder (founders) or a body authorized by the owner assigns objects of property rights in accordance with the legislation of the Russian Federation.
2. The material and technical base of such educational institutions or educational units, depending on their types and types, includes premises, facilities necessary for students, pupils, as well as equipment and individual technical means of training persons with disabilities, including for organization of correctional and rehabilitation rooms, organization of sports and mass events, nutrition, provision of medical care, health and treatment and preventive measures, household and sanitary and hygienic services, performance of other functions provided for by the charter of the relevant educational institution or educational unit. Article 31
2. The Government of the Russian Federation shall carry out scientific and methodological support special educational institutions, educational institutions of integrated education and special educational units through the bodies and institutions authorized by them.
3. When developing and approving the federal budget, expenses for Scientific research in special education.
CHAPTER VI. PROVISION OF SPECIAL EDUCATION WITH STAFF.
Article 32. Training of specialists in the field of special education.
1. The training of specialists in the field of special education is carried out in specialized educational institutions of secondary vocational and higher professional education, in educational institutions of postgraduate professional education, as well as at special faculties and courses of educational institutions of secondary vocational and higher professional education.
2. Mandatory minimum content of the main educational programs of secondary pedagogical and higher teacher education, established by the federal component of the relevant state educational standard, includes the study of the basics of defectology and correctional pedagogy. Article 33. Social guarantees and benefits for employees participating in the implementation of special education.
1. Employees participating in the implementation of special education, in addition to the rights and benefits established by the legislation of the Russian Federation for employees of educational institutions, are entitled to wages at 15-30 percent higher tariff rates (salaries) depending on the types and types of educational institutions, as well as the complexity of the work to be done.
The list of relevant positions and jobs is approved in the manner determined by the Government of the Russian Federation.
2. In the event of an increase, by the decision of the founder, of the number of students, pupils in classes (groups) in excess of the standard number established for an educational institution of the corresponding type or type, the tariff rates (salaries) of employees specified in paragraph 1 of this article are increased by one percent for each the percentage of excess of the normative number of students, pupils.
3. A blind teacher of the relevant educational institution has the right to have a secretary, whose work is paid at the expense of the founder.
CHAPTER VII. INTERNATIONAL ACTIVITY OF THE RUSSIAN FEDERATION IN THE FIELD OF SPECIAL EDUCATION.
Article 34. International activities of the Russian Federation in the field of special education.
1. The Russian Federation is implementing international activities in the field of special education and promotes the development of the international community in the field of special education, including on the basis of international treaties of the Russian Federation.
2. Bodies, institutions, state and non-state organizations related to special education, interested individuals have the right to participate in international programs and projects in the field of special education, including training of specialists.
3. Bodies, institutions, state and non-state organizations associated with special education have the right, in accordance with the legislation of the Russian Federation:
1) establish relations with foreign and international organizations of special education, including conducting joint research, exchange of specialists, technologies, programs, students, pupils;
2) to create special educational institutions with the participation of foreign persons, as well as organizations to ensure their activities;
3) carry out independently foreign economic activity. CHAPTER VIII. FINAL AND TRANSITIONAL PROVISIONS
Article 35
This Federal Law shall enter into force from the date of its official publication, with the exception of paragraph 2 of Article 37, paragraphs one and three of paragraph 3 of Article 37, paragraph 2 of Article 38 of this Federal Law. Subparagraph 6 of paragraph 2 of Article 7 of this Federal Law shall enter into force on September 1, 2001. Article 36 adopted laws and other regulatory legal acts in the field of special education.
Laws and other regulatory legal acts in the field of special education that were in force on the territory of the Russian Federation prior to the entry into force of this Federal Law shall be applied to the extent that they do not contradict this Federal Law, other regulatory legal acts of the Russian Federation issued on its basis, laws and other regulatory legal acts. acts of subjects of the Russian Federation. Article 37
1. Expenses for the enactment of the provisions of this Federal Law shall be financed from the federal budget, unless otherwise provided by this Federal Law or an agreement between the Russian Federation and the subject (subjects) of the Russian Federation.
2. The creation of special conditions for obtaining education in state educational institutions is carried out at the expense of the founders and must be completed before September 1, 2001.
3. The creation of psychological, medical and pedagogical commissions at the rate of one commission for no more than one hundred thousand children living in a given territory, but not less than one psychological, medical and pedagogical commission on the territory of each subject of the Russian Federation must be completed before January 1, 2000 year, in accordance with paragraph 1 of Article 23 of this Federal Law - until September 1, 2005.
The Russian Federation provides subsidies to the constituent entities of the Russian Federation in case they lack funds to finance psychological, medical and pedagogical commissions.
The creation of federal psychological-medical-pedagogical centers must be completed before January 1, 2000. Target Reception students studying in educational institutions of higher professional education is planned taking into account the provision of psychological, medical and pedagogical commissions, psychological, medical and pedagogical centers and medical and social expert commissions with relevant specialists. Article 38
1. Propose to the President of the Russian Federation to instruct the Government of the Russian Federation to bring its legal acts in line with this Federal Law.
2. The regulatory legal acts provided for by this Federal Law must be issued before January 1, 2000.
