“The rights of disabled children and children with disabilities in education. "The rights of children with disabilities and children with disabilities in education. A disabled child right in an educational institution
IN Russian Federation at the legislative level, a rule on general secondary education was approved. This means that the authorities are obliged to take steps to organize the educational process for all children, including children with disabilities.
The organization of education for disabled children is checked by the prosecution authorities. For violation of the law in this matter, the school director may be punished.
Legislative basis of the issue
Amendments to the legislation concerning the education of children with disabilities were made in 2012. So, now Art. 79 Federal Law No. 273 obliges educational institutions to organize the process taking into account the individual rehabilitation program for a young citizen with a disability. Learning should be inclusive and adaptive.
The rights of persons with disabilities to education and other preferences are guaranteed in the following laws:
- No. 181-FZ dated November 24, 1995;
- No. 273-FZ dated December 29, 2012.
In addition, the Russian Federation has acceded to the Convention on the Rights of Persons with Disabilities. This international document requires the parties to the treaty:
- inclusion of all children with disabilities in the full educational process within their capabilities;
- organizing affordable training for them at the place of residence;
- providing reasonable accommodation tailored to individual needs;
- taking individual measures of support and socialization.
Conditions for organizing training
- by visiting general education institutions, if such is within the power of the child;
- home education, including family, distance and home education.
Conditions for study are created for young citizens of the Russian Federation in accordance with age parameters.
They are described in the table:
| Learning link | Conditions created |
| Junior (kindergartens) | Creation of specialized preschool institutions and groups |
| Limiting the number of pupils in one group (from 15 to 3 people) | |
| Regulation of the number of hours of classes, taking into account the capabilities of pupils | |
Providing preschool educational institutions with specialists:
|
|
| Parenting counseling | |
Creation of infrastructure accessibility:
|
|
| The average | Development of specialized programs |
| Organization of the activities of special boarding schools for the blind, for example | |
| Providing students with specialized literature and textbooks | |
| Attracting homeworkers to festive events within the walls of the institution | |
| Providing quality medical care | |
| Improving infrastructural accessibility of buildings | |
| Higher and secondary special | Granting preferences for admission to the first year |
| Providing a remote form of knowledge acquisition |
In order to socialize young children in educational programs, the following principles are applied:
- Integration. The student is not expected to attend peer classes. He is enrolled in a class suitable for him in terms of the load and the form of presentation of the material.
- Inclusions. This refers to the redevelopment of premises in order to meet the needs of all students.
For information: there are still few educational institutions in the Russian Federation that are completely arranged for the convenience of disabled people. Parents have to take care of children with physical disabilities on their own, acquire:
- comfortable mobile chairs;
- suitable stationery;
- literature and more.
Training delivery options
- creation of conditions in educational institutions for convenient attendance of classes for disabled people and their comfortable communication with peers;
- training of specialists to work with children of doctors and teaching staff.
Additional learning opportunities are provided for children with disabilities. If a child is not able to attend class for medical reasons, then his studies will be organized in a different way. Namely:
- in the form of family education;
- remotely;
- home education.
Children studying outside the classroom are attracted to communication with peers. This is done according to an individual plan. Thus, disabled people can visit:
- separate lessons;
- circles and additional activities;
- mass entertainment events.
Home education
A child unable to attend class is given the opportunity to learn at home. The decision is made by the local government (education department). The parent must provide the following documents:
- an application with a request to provide services of a general education institution at home;
- help medical and social expertiseconfirming the appointment of a disability to a minor;
- iTU's conclusion on the impossibility of attending face-to-face classes in the classroom.
Hint: Based on the decision of the local authorities, the school administration:
- enters into an agreement with parents for the provision of services at home;
- enrolls the child as a student;
- prepares the necessary documentation;
- draws up a curriculum;
- appoints teachers to implement it.
A student with limited medical indications is taught a general education course in full. Based on the results, the student is certified as an ordinary student. Teachers visit him at home and conduct classes in the presence of parents. Lessons may be postponed by agreement. At the end of the course, he receives a certificate.
Distance learning
This type of knowledge acquisition is only in the process of development. It became possible after covering the country with the Internet. Currently, there are several types of remote knowledge acquisition:
- web, chat classes;
- teleconferences;
- telepresence;
- internet lessons.
The remote form of work of educational institutions allows people with poor health:
- take a general education course and get a certificate, regardless of:
- the financial situation of the family;
- range educational organization from the student's place of residence;
- gain knowledge at a convenient time and in a comfortable environment using the advantages of computer technology;
- gain additional knowledge, including of a professional nature;
- listen to the preparatory course for admission to the university;
- develop the creative abilities of the student, including using collective experience;
- take part in research activities;
- get expert advice:
- psychologists;
- doctors;
- teachers and others.
The experience of distance interaction with teachers will help a student with disabilities to enter a university in the future and get a specialty. Higher education institutions also organize the learning process using modern technical advances.
List of privileges for disabled people
The Russian Federation has established preferences and benefits for disabled people. Parents of children with disabilities can count on the following privileges:
- Admission of a baby to kindergarten without following the sequence. To do this, you must submit an application and attach an ITU certificate to it.
- Reducing the amount of the fee for a child attending a preschool institution. This privilege is not provided in all constituent entities of the country, based on the decisions of regional authorities.
- Compensation for studying a minor at home. According to the law, the budget allocates funds for the study of all minors from the age of 6 years and 6 months. If the parents hire a specialist to work with the child, the regional authorities can compensate for the costs of obtaining a family education. Not every subject of the country has adopted a corresponding law, which means local authorities may or may not compensate for their education at home. To date, such a program has been adopted in the Perm Territory, Omsk Region, Sverdlovsk Region, and Moscow.
- Comprehensive rehabilitation of a child in educational institution... In particular, experts organize work on the socialization of the child. That is, they help him to establish good relationships with peers.
- Benefit for admission of a young person to a university. Applicants with disabilities are enrolled in the first year out of competition within the established quota, if they have successfully passed the entrance tests. In addition, disabled people of I and II groups, disabled children have the right to be admitted to preparatory departments at federal universities. To receive a preference, you must indicate the preferential category in the application for admission to the university. Attached to the document is an ITU certificate on the assignment of a disability group. The privilege applies to disabled children, disabled people of groups I and II, disabled from childhood.
Problems of teaching children and disabilities in Russia
Currently, there are two fundamentally significant problems concerning the organization of training for children with disabilities. They are as follows:
- Insufficient budgetary funds. Long time the authorities did not pay due attention to the development of infrastructure convenient for people with disabilities. This led to the need to restructure educational institutions:
- there are no ramps in buildings;
- doorways are too narrow for wheelchair users;
- institutions are located in multi-storey buildings, and children with physical disabilities cannot always climb the stairs to the office.
- Formation of a tolerant attitude towards people with disabilities among adolescents. Health disorders cause rejection in children and adolescents. Often, children with disabilities face negative attitudes from their peers. This leads to the development in them:
- self-doubt;
- low self-esteem;
- depressive state.
The first problem is being solved by joint efforts of the federal and local authorities. Money is allocated to educational institutions to carry out the corresponding reconstruction. For disabled people, specialized:
- kindergartens;
- groups in preschool institutions;
- schools.
The second problem takes longer to solve. At the state level, the following work is carried out:
- specialists are being trained;
- supported by public organizations and volunteer groups;
- funds are allocated to attract young people with physical disabilities to social activities;
- a tolerant attitude towards disabled people is formed in children and adolescents.
The job of parents is to educate and protect their children. The child himself is not always able to act correctly in difficult situations and defend his rights. When it comes to schoolchildren, the responsibility to defend the basic rights of the child falls not only on the parents, but also on the educational institution.
Regulations
The basic rights of the child at school are regulated by the laws "On Education" and "On the Protection of the Rights of the Child". Naturally, each educational institution has its own charter. Such a statute may spell out what rights a child studying in this particular institution has, as well as what his duties as a student are. When creating the school charter, it is necessary to adhere to the Constitution and the laws of the state.
How does a child know about their rights?
It is the task of the educational institution to acquaint the student with his rights, but the participation of parents is also mandatory. If after holding thematic class hours the student does not understand something, the father or mother must be able to answer all questions.
The classroom hour and accompanying activities that explain what rights the child has can be started as early as elementary school. In the fourth-fifth grade, children are able to adequately perceive information of this kind. For the purpose of familiarization, the charter of the school must be posted on public display.
Basic rights of a child attending a general education institution
- To independently choose the school in which he wants to study.
- Receive free complete secondary education (11 classes).
- The right to transfer to another school with his or her consent and with the consent of the parents, regardless of the focus of the school and even during the school year.
- Study in an environment that does not threaten his personal safety.
- If you wish, attend additional classes, sections and circles.
- The right to receive knowledge from teachers.
- Respect and an impartial attitude towards the child must be ensured by teachers and other school staff.
- Attending school events (concerts, excursions).
- Voluntarily and only at his own request, a student can help in the improvement of an educational institution.
- Receive books from the school library.
- If necessary, get help from a school psychologist.
- If there is such a desire or need, students can study a specific subject in an accelerated program.
Sometimes there are difficulties in realizing student rights. For example, when transferring from one school to another, they require the end of the school year or the consent of the director, subbotniks organized to improve the school grounds are presented as mandatory events. The underfunding of schools also caused free education to become shareware. Library funds do not provide all students with the necessary textbooks, and parents are forced to buy them with their own money. All this is nothing more than a violation of the rights of the child at school.
Duties of the student
- Take good care of school property, furniture, and educational literature.
- Attend classes regularly according to the schedule.
- Adhere to the school charter. Comply with the rules of the school statute.
- Be kind to other students, teachers, and school staff. Respect their dignity and honor.
- Fulfill the requirements of the administration of the educational institution within the limits of its statute.
The task of parents at this stage is to convey to the child the importance of following the rules and norms of the school charter.
By conscientiously fulfilling his duties within the school, the student can hope that his rights will also be respected.
In what forms can a violation of a student's rights be expressed
Within the walls of an educational institution, schoolchildren can face physical or psychological violence. This is a violation of the rights of the child at school. Parents should be interested in the student's school life, only then it becomes possible to prevent the occurrence of such problems or eliminate them in time.
A child's rights at school can be violated through the use of physical violence against him. The school must control the behavior of children on its territory during the educational process and extracurricular activities, since it is primarily responsible for the life and health of students. Sometimes schoolchildren are faced with the use of physical force by teachers for the so-called educational purposes.
Psychological abuse of a child is a more vague and vague concept. The most common manifestations of it can be overstated demands, threats against the child, unreasonable criticism, demonstration of a negative attitude.
One of the pressing problems is the issue of religion. The school has no right to impose certain religious views on any of its students. If an educational institution openly declares its affiliation to a certain religion, conducts or participates in religious events, collects donations for religious organizations - these are all illegal actions that require immediate intervention.
One of the manifestations of psychological violence can be gender discrimination. These are the cases when children are divided by gender when performing any tasks or assignments. For example, a boy may feel oppressed if only boys are unreasonably left on duty, and the girls are allowed to go home.
Both physical and moral pressure have an equally negative effect on schoolchildren. Sometimes the destructive psychological impact on the part of classmates or teachers may be subtle, but it can also affect the mood, well-being and academic performance of the child.
Protecting the rights of the child at school. What should parents do
All moms and dads hope that while their child is at school, it is completely safe. But what should be done if, nevertheless, a violation of the child's rights occurs and an unlawful physical or psychological influence is exerted on him?
If the incident does not have serious consequences, it is enough to clarify all the points with the child, the class teacher, all the participants in the events. At the same time, it is necessary to find out the cause of the controversial situation and draw up a plan of behavior for the future in order to exclude a repetition of this.
When you are dealing with serious incidents or recurring events that affect the physical or psychological well-being of a child, serious measures must be taken. The first thing to do is get through medical expertise, in the case of physical violence against a student, and examination by a child psychologist, if it comes to moral pressure. Next, you need to identify witnesses to the event, who will help clarify all the controversial issues in the future.
The headmaster must find out about what happened. It is better if the parents write a formal request in his name. The director, as soon as possible, should familiarize himself with the details of the incident and help in resolving the issue.
If the proceedings at the local level do not work, parents have the right to contact the police, prosecutor's office or court to help protect the child's rights at school.
Sometimes, as an alternative to resolving the issue in case of recurring incidents, it is possible to transfer the child to another school.
The rights of children with disabilities
What are the rights of a disabled child in school? Do children with disabilities and physical disabilities the opportunity to attend a general education institution? What can limit a child's rights at school?
Russia is a country where children with disabilities have the right to complete secondary education at school, if there are no medical contraindications. There can be no restrictions on the part of the educational institution for such children.
Naturally, sometimes it is necessary to create special organizational and technical conditions for teaching disabled children.
A disabled child has the right to:
- priority admission to an educational institution when submitting a standard package of documents;
- free choice of a school that is more suitable for teaching by territorial location or recommended by medical and pedagogical expertise;
- expulsion in case of inability to master the school course for health reasons or violation of the school charter;
- obligatory participation of the Commission on Minors' Affairs in matters of expulsion from school and the selection of a new educational institution.
How is the passing of the Unified State Exam by a disabled child
When passing the USE, disabled children have some privileges. There are cases when passing exams may be prohibited by medical and pedagogical expertise. Then the student receives a certificate or a certificate of secondary education without passing the exam.
Also, a disabled child is entitled to some concessions during the testing process. This can be extra time to complete assignments, the opportunity to take the necessary medications, or take a break from the knowledge test.
Ensuring the protection of the rights of orphans in educational institutions
Children without parental care are the most vulnerable category, but they, like everyone else, have the right to education. This is dictated by the law "On Education in the Russian Federation".
It is the task of the state to control the receipt of high-quality secondary education by orphans. To this end, constant work is underway to improve the conditions for their education.
Orphans who do not have the care of other relatives receive secondary education in specialized boarding schools. The administration of such educational institutions is obliged to ensure:
- compliance with a full and continuous pedagogical process;
- the possibility of regular attendance at classes by students;
- availability of all the necessary educational literature and manuals;
- a favorable psychological climate in the team and a positive relationship between pupils and teachers;
- an opportunity for each student to receive qualified help in problem situations.
Control over the observance of the rights and freedoms of orphans in educational institutions is ensured by state monitoring.
What can be said in conclusion
The rights of the child at school and their protection are undoubtedly an important issue that requires attention. This should be understood by both parents and representatives of the educational institution. Local governments also have a responsibility to help ensure that the rights of the child in primary and high school are guaranteed.
The impairment of health must be:
- persistent;
- due to disease, injury or defect;
- obvious, i.e. there is a complete / partial loss of self-service or cannot communicate, control themselves, learn.
A child is considered disabled from the moment of registration of his status and, as a consequence, his receipt of a pension certificate. We have already written in detail about the rights of disabled persons of group 1 in Russia in.
For education
Article 19 of the Federal Law of November 24, 1995 N 181-ФЗ the state ensures the necessary rights of disabled children to receive education, which is publicly available. Provided free of charge in state and municipal institutions the following types of education:
- preschool education (kindergarten);
- general education: primary, basic, secondary (school: grades 1-4, 5-9, 10-11 grades);
- secondary vocational education (technical school, college);
- higher (institutes, universities, academies).
General and secondary vocational education is carried out according to adapted and / or individual educational programs for the rehabilitation of disabled people.
Separately, it should be said about teaching disabled children in schools. Depending on the nature of the disability, children can study both in regular schools, where they should be provided with psychological and pedagogical support, and in special correctional schools. If there is no special school in your area or the child cannot attend school for health reasons, parents choose one of three options:
- Training at the Distance Learning Center (CDL), where students are enrolled; training is carried out by teachers of the CDO (Letter of the Ministry of Education and Science of Russia dated December 10, 2012 N 07-832 Methodical recommendations on the organization of home education for disabled children using distance learning technologies ”).
- at home: employees of the educational organization come to the child's home or medical institutionwhere the child is in rehabilitation. This requires a written request from the parents / representatives of the child and the conclusion of a medical organization.
- at home in the form of family education (Letter of the Ministry of Education and Science of Russia of 15.11.2013 N NT-1139/08 "On the organization of education in the family form"). In this case, the parents take on the responsibility of providing a targeted organization of education and knowledge necessary in everyday life. However, the school is not responsible for the quality of education. Education takes place with the simultaneous obligation of the student to pass intermediate and state attestation at school. This form of education can be changed with the consent of the parents and the opinion of the child.
Children with disabilities can enroll within the established quotas for budgetary places in higher / secondary vocational educational institutions, provided that they pass the entrance exams.
Art. Art. 17 and 28.2 ФЗ dated 24.11.1995 N 181-ФЗ it is stipulated that at the expense of federal budget funds, families with disabled children are provided with living quarters if they need to improve the housing issue. Disabled children have the right to housing! The procedure for providing is regulated in more detail by each subject of Russia separately.
The procedure for the provision of apartments for persons registered after 01.01.2005. has two options:
- Receiving an apartment under a social rental agreement. It is necessary to apply at the place of residence to the authorized body for staging an improvement in housing conditions. If the child's disability is associated with a chronic illness in a severe form, according to the List approved by Decree of the Government of the Russian Federation of June 16, 2006 No. 378, then the apartment will be provided out of turn.
- Receiving an apartment under a free use agreement. In Moscow, the size of the premises provided must be at least 18 sq. M. living space per person at the average market value, which is determined separately in each subject of the Russian Federation. The application is submitted to the Department of Housing Policy and the Housing Fund of Moscow.
Decree of the Government of the Russian Federation of July 27, 1996 N 901 "On the provision of benefits to disabled people and families with disabled children, to provide them with living quarters, payment for housing and utilities" to families with disabled children the following benefits are provided:
- 50% or more discount on payments for state or municipal apartments, utility bills and telephone subscription fees;
- 50% or more discount on fuel payments in houses where there is no central heating;
- the priority right to receive land plot for private building, country house / gardening.
The right of children with disabilities and their family members to receive cash payments
- children with disabilities receive monthly cash payment (MT)which is indexed once a year. In 2015 it is 2,123.92 rubles. If the child is simultaneously on the EDI for different reasons, then the parent / representative is given the right to choose to receive the EDI for any one reason (Article 28.2 of the Federal Law of November 24, 1995 N 181-FZ).
- children with disabilities receive monthly social pension for disability and allowances for it. In 2015, the amount is RUB 10,376.86. (Federal Law of 15.12.2001 N 166-FZ "On state pension provision in the Russian Federation").
- able-bodied persons who care for a disabled child receive monthly cash payment (Decree of the President of the Russian Federation of February 26, 2013 N 175 "On monthly payments to persons caring for children with disabilities and persons with disabilities from childhood I group") .: -parents / adoptive parents / guardians / guardians of a disabled child under the age of 18 or disabled childhood of group I in the amount of 5,500 rubles; - to other persons in the amount of 1,200 rubles.
This payment is summed up with the pension established for a disabled child for the period when he is being cared for. One of the non-working parents can receive EDV for the period of such childcare.
Rights and benefits of families with disabled children
In addition to receiving cash payments, disabled children and their parents / representatives have various benefits not only in the field of housing. You can get for free:
- Medicines prescribed by law;
- Sanitary-resort treatment once a year, at the same time, return travel is paid;
- Medical supplies (wheelchairs, special shoes, etc.);
- Medical treatment;
- Special literature for children with vision problems;
- literature published on cassette tapes and in dotted braille, etc. a) the rights of parents of a disabled child at work Federal Law of December 17, 2001 N 173-FZ "On labor pensions in the Russian Federation" provides additional rights for the mother of a disabled child.
- Prohibition of overtime work and sending on business trips without the consent of the woman;
- The right to a shorter working day / shortened working week if there are dependent children under the age of 16;
- Ban on refusal to hire or reduce salary for reasons related to the presence of a disabled child;
- A ban on the dismissal of single mothers at the initiative of the administration, except in cases of liquidation of the organization or the introduction of bankruptcy proceedings.
One of the working parents, the representative of a disabled child, is given 4 additional days off per month. The rights of parents of children with disabilities in labor legislation describe the reduction of the working day in Article 93 of the Labor Code of the Russian Federation.
Labor Code of the Russian Federation, Chapter 15, Article 93. Part-time work
By agreement between the employee and the employer, part-time (shift) or part-time work week can be established both upon hiring and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.
When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.
Part-time work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of length of service and other labor rights.
If the child is disabled, do parents have the right to retire early?
Generally, men retire at the age of 60 and women at 55. This period may be reduced to one of the parents for five years (respectively, for men at 55, for women at 50), if a parent raised a disabled person from childhood until they reach 8 years old and subject to insurance experience: for men 20 years, for women 15 years.
Guardians of persons with disabilities from childhood who have established guardianship until a disabled child reaches 8 years of age are assigned an old-age retirement pension with a decrease in age, for one year for every 1.5 years of custody, but not more than 5 years.
The main condition is that you have the same insurance experience as for parents. Pensions for guardians may be granted provided that the period of guardianship is at least 1.5 years.
The pension is assigned even if the disabled child dies, it is important that the parents / guardians bring him up until the age of 8.
Protection of the rights of children with disabilities
Persons, regardless of their position, who are guilty of violating the rights and freedoms of persons with disabilities, are responsible for article 32 of the Federal Law of November 24, 1995 N 181-ФЗ.
All disputes arising from the establishment of disability, the implementation of individual rehabilitation programs for disabled people, the provision of specific measures and the violation of other rights and freedoms of disabled people are considered in court.
Conclusion
Children with disabilities are one of the vulnerable groups of the population, therefore, in order to equalize their rights, the legislator has provided for them and their families with various rights and guarantees. Read about disability rights for children with epilepsy.
Each state and municipal general education school is obliged to admit all children who have reached the age of 8 and live in the territory attached to it. (Law of the Russian Federation "On Education" dated 01.01.01, N 3266-1, as amended on 25.07.2002, paragraph 1 of Article 16 and paragraph 2 of Article 19 Letter of the Ministry of Education of the Russian Federation of 01.01.01, N in / 14-06 "On violations in the admission of children to the first grades of educational institutions")
COMMENT:In accordance with this rule, a general education school must accept all children, regardless of their state of health. Therefore, the school has no right to refuse to accept a child on the grounds that he is disabled. However, it should be remembered that a general education school is not obliged to create special conditions for teaching a disabled child in the form of introducing a special curriculum for him (for example, developed for teaching mentally retarded children), attracting defectologists, etc. Private schools are not obliged to accept disabled children, but have the right to do so.
Children with disabilities have the right to study in special (correctional) schools with parental consent. They are sent to special schools by the educational authorities upon the conclusion of the psychological, medical and pedagogical commission. (Law of the Russian Federation "On Education" dated 01.01.01 N 3266-1, as amended on 25.07.2002, paragraph 10 of Article 50)
Children with disabilities have the right to be educated at home with the consent of their parents in the presence of the conclusion of a medical and preventive institution. (The procedure for the upbringing and education of disabled children at home and in non-donated educational institutions, as well as the amount of compensation for the costs of parents (legal representatives) for these purposes, approved by the Government of the Russian Federation of 01.01.01 N 861, paragraphs 1 and 2.)
COMMENT:According to the two above rules, children with disabilities are sent to special schools, or are educated at home only with the consent of their parents. Therefore, the choice of these forms of education is the right, not the responsibility of the parents. No one has the right to force parents to choose these forms learning.
Parents have the right to educate a disabled child at home on their own. Parents (legal representatives) who have children with disabilities, who are raising and educating them at home on their own, are compensated by the educational authorities for the costs in the amount determined by the state and local standards for financing the costs of training and education in a state or municipal educational institution of the corresponding type and type.
(Law of the Russian Federation "On Education" dated 01.01.01, N 3266-1, fromamendments as of 25.07.2002, paragraph 1 of Article 10; The procedure for raising and educating disabled children at home and in non-state educational institutions, as well as the amount of compensation for the costs of parents (legal representatives) for these purposes, approved by the Decree of the Government of the Russian Federation of July 18, 1996 N 861, paragraph 8.)
COMMENTS:In this case, we are talking about family education. It must be distinguished from homeschooling. When teaching at home, teachers from the school to which the child is assigned come to his home for free and conduct classes with him, as well as carry out intermediate and final attestation
his knowledge. At the same time, parents receive only compensation for the child's food (see about it below), and the state pays for the work of teachers. In family education, the parents themselves organize the learning process for their child. They can teach the child on their own or hire a teacher for this purpose. At the same time, the state pays them compensation in the amount of state and local standards for the cost of training and raising a child in a state or municipal educational institution. It should be borne in mind that if, in accordance with the conclusion of the psychological, medical and pedagogical commission, the child is recommended to study in a special (correctional) school, then compensation for family education should be paid in the amount of the standard costs of his education in such a school. The fact is that the standards for training costs in special schools are higher than in ordinary ones. In family education, a tripartite agreement is concluded between the parents, the local education authority and the school or special school (if the child's education is financed according to the special school's standards). Under this agreement, the local education authorities pay compensation, the parents organize the education of the child, and the school, in agreement with the parents, conducts the intermediate and final attestation of the child. In case of unsatisfactory certification, the contract may be terminated and compensation is refundable. It should be borne in mind that the procedure for family education for children with disabilities in the part in which it differs from family education for ordinary children (payment of increased compensation, control over family education by special schools, etc.) is currently not regulated by regulations ...
For disabled children who are graduates of the IX and Xl (XII) grades, the state (final) certification is carried out in an environment that excludes the influence of negative factors on their health, and in conditions that meet the physiological characteristics and health of disabled children. State (final) certification for children with disabilities can be carried out ahead of schedule, but not earlier than May 1. ) - for graduates of the XI (XII) grades and with the district education department - for graduates of the IX grades.
(Regulations on the state (final) certification of graduates of IX and XI (XII) classes of educational institutions of the city of Moscow, approved by the Order of the Moscow Committee of Education dated 01.01.01, N 155, clause 2.2)
COMMENTS:By general rule Graduates of the 9th grade pass at least 4 exams (written exams in the Russian language and algebra, as well as two exams of the student's choice from among the subjects studied in the 9th grade). Graduates of classes pass at least 5 exams (written in algebra and the beginning of analysis and literature, as well as three exams at the student's choice from among the subjects studied in 10 grades). Examinations in selected subjects can be taken both in writing and orally. The form of examinations in a specific subject is established by the Ministry of Education and the school. Children with disabilities can take all the exams established for healthy graduates, but require that the written form of passing exams be replaced with an oral one. For children with disabilities, the number of exams taken can also be reduced to two written ones. In the event of a reduction in the number of exams, the written form of the exams to be taken may also be replaced with an oral one. Final exams for children with disabilities should be
is carried out in an environment that excludes the influence of negative factors on their health, and in conditions that meet the physiological characteristics and state of health of disabled children. This can be expressed in the admission of final exams in medical office schools separately from other students or at home, etc. Issues related to creating special conditions for the final exams are decided on an individual basis for each disabled child. The established rules for passing the final exams apply to state, municipal and private schools.
Disabled children enrolled in special schools and general education schools for sick children and disabled children (home education schools) are provided with free two meals a day. As an exception, compensation for food is paid to the indicated disabled children who do not eat at school (homeschooled) in the amount of the cost of two reduced-price meals a day - 37 rubles.
(Resolution of the Moscow Government “On the results of the implementation of measures for the social protection of Muscovites in 2001 and a comprehensive program of measures to social protection Muscovites in 2002 "dated 01.01.01, N 65-PP, paragraph 3.5; Order of the Moscow Department of Education "On the organization of meals for students in educational institutions of Moscow in the 2002/03 academic year" dated 01.01.01 N 745, paragraphs! .3 and 1.4)
COMMENTS:The specified procedure for payment of compensation is in force in the 2002/03 academic year.
Children with disabilities study in children's music, art and art schools of the Moscow Committee for Culture system free of charge.
(Temporary order of payment for tuition in children's music, art and art schools of the system of the Committee for Culture of Moscow, approved by the Order of the Committee for Culture of May 6, 2002 N 205, paragraph 4)
2. The right to receive secondary and higher professional education
Disabled children and people with disabilities of I and II groups have the right to enter out of competition in state and municipal institutions of higher and secondary vocational education, provided that they successfully pass the exams and there are no contraindications for training in these institutions in the individual rehabilitation program for a disabled person.
(Law of the Russian Federation "On Education" dated 01.01.01 N 3266-1, as amended on 25.07.2002, paragraph 3 of Article 16)
COMMENT:In accordance with this rule, a disabled person must be enrolled in an educational institution if he has passed the entrance exams for a "satisfactory" grade. Thus, a preferential procedure for admission to educational institutions has been established for disabled people, since there is a competition for other people - the one who passes the entrance exams best is enrolled. Private educational institutions are not obliged to establish such a preferential admission procedure, but they have the right to do so. The right of a disabled person to receive secondary and higher education (as opposed to receiving secondary education) may be limited, since his individual rehabilitation program may contain contraindications for his education in certain educational institutions.
For people with disabilities of groups I and II who study free of charge in state and municipal universities in the full-time department (full-time education), the amount of scholarships assigned is increased by 50 percent.
(Federal Law of 01.01.01 N 125-FZ "On Higher and Postgraduate Professional Education", as amended on June 25, 2002, paragraph 3 of Article 16)
COMMENT:The implication of this rule is that the size of any scholarships awarded to this category of persons with disabilities must be increased by 50 per cent over the size of scholarships awarded to other students on the same basis as those awarded to persons with disabilities. This rule spreads; only for the disabled, in universities.
Disabled people of groups I and II and disabled people in military operations who study free of charge in state and municipal institutions of secondary and higher vocational education are entitled to receive a social stipend, which is paid regardless of their academic success. (Standard regulation on scholarships and other forms of material support for students of state and municipal educational institutions of higher and secondary vocational education, graduate students and doctoral students, approved by the Government of the Russian Federation of 01.01.01, N 487, paragraphs 7 and 24)
COMMENT:The most common types of scholarships paid to students are academic and social scholarships. An academic scholarship is paid to all students who take the Good and Excellent examinations. The social scholarship is paid only to certain categories of students and does not depend on their academic success.
(Letter of the State Committee for Higher Education of the Russian Federation of 01.01.01, No. in / 19-10 "On collecting fees from students for accommodation in hostels and other utilities")
COMMENTS:Currently, educational institutions have the right to independently determine the amount of payment for living in their hostels. The rule on exemption from such payment for disabled people is of a recommendatory nature, i.e. educational institutions may not comply with this requirement.
People with disabilities due to the Chernobyl disaster have
out of competition to enter state institutions of primary, secondary and higher vocational education with the provision of a hostel in case of need for it;
to enter the preparatory departments of state universities, regardless of the availability of free places with the obligatory provision of a hostel in case of need for it.
scholarships for these disabled people are increased by 50 percent (Law of the Russian Federation "On social protection of persons exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant" dated 01.01.01, N 3061-I, as amended on July 25, 2002, paragraph 18 of Article 14)
COMMENTS:The peculiarities of these rules are that they apply to all disabled people as a result of the accident at the Chernobyl nuclear power plant, regardless of the disability group. But at the same time, benefits are provided only for admission to state educational institutions. Also, the scholarship for these disabled people is increased by 50 percent if they are students of institutions not only of higher, but also of secondary vocational education.
Warriors with disabilities have the right to enter, out of competition, state institutions of secondary and higher vocational education, as well as training courses in relevant professions.
(Federal Law of 01.01.01 N 5-FZ "On Veterans" as amended on July 25, 2002, paragraph 15 of Article 14)
COMMENTS:The features of this benefit are the same as for disabled people as a result of the accident at the Chernobyl nuclear power plant. It applies to all disabled veterans, regardless of disability group, and does not apply to admission to municipal and private educational institutions.
Disabled in entrance exams inThe university is given additional time to prepare an oral answer and complete written work, but no more than 1.5 hours.
(Letter of the Ministry of Education of the Russian Federation of 01.01.01, N 27 / 502-6 "On the conditions for the admission and training of disabled people in institutions of higher professional education")
Students with disabilities admitted to the university study according to individual plans approved by the rector, as well as according to the form of study proposed by the university, including external studies. For each semester, the dean of the faculty approves an individual schedule of consultations for a disabled student, a schedule for taking tests and exams, which, in some cases, provides for the possibility of teachers visiting disabled students at home.
(Direction of the Ministry of Social Security of the RSFSR "On expanding the possibilities of obtaining higher education for disabled people "dated September 5, 1989 N 1/16/18)
Students with disabilities admitted to secondary special educational institutions are trained according to an individual schedule approved by the director and providing, if necessary and possible, for teachers to visit students at their place of residence, as well as according to the proposed form of study, including external studies.
(Direction of the Ministry of Social Security of the RSFSR "On expanding opportunities for obtaining secondary special education for disabled people "from November 3, 1989 N 1-141-U)
EDUCATION AND INDIVIDUAL REHABILITATION PROGRAM FOR THE DISABLED (IPR)
IPR should provide for the receipt of secondary education by a disabled person.
The IPR may provide for the receipt of secondary and higher professional education by a disabled person. In accordance with IPR for disabled within the framework of the regional basic rehabilitation program, technical aids are provided free of charge to make his life and study easier.
The IPR is mandatory for government bodies, local governments and organizations of all organizational and legal forms and forms of ownership.
(Federal law "On social protection of disabled people in the Russian
Federation "dated 01.01.01, N 181-FZ, as amended