Federal Law on the Education of Children with Disabilities. New Law “On Education”: will the lives of children with disabilities change? Innovations in essence

04.05.2020

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1 the federal law 27-FZ “On education in Russian Federation» about the education of children with disabilities Article Item Contents Chapter. General provisions student with disabilities health - an individual who has disabilities in the physical and (or) psychological development, 6 confirmed by the psychological-medical-pedagogical commission and preventing the acquisition of education without the creation of special conditions; Basic concepts, inclusive education - ensuring equal access to education for all used in 27 students, taking into account the diversity of special educational needs and 2 present individual capabilities; Federal adapted educational program is an educational program adapted by law for the education of persons with disabilities, taking into account the characteristics of their psychophysical development, individual capabilities and, if necessary, providing correction of developmental disorders and social adaptation specified persons; State policy and legal regulation of relations in the field of education are based on the following principles: ensuring the right of every person to education, the inadmissibility of 2 Basic principles of state policy and legal regulation relations in the field of education 7 discrimination in the field of education; humanistic nature of education, priority of human life and health, personal rights and freedoms, free development of the individual, education of mutual respect, hard work, citizenship, patriotism, responsibility, legal culture, careful attitude to nature and environment, rational environmental management; freedom to choose to receive an education according to a person’s inclinations and needs, creating conditions for the self-realization of each person, the free development of his abilities, including the right to choose forms of education, forms of training, organizations carrying out educational activities, the direction of education within the limits provided by the education system, as well as providing teaching staff with freedom to choose forms of teaching, methods of teaching and education;

2 5 Right to education. State guarantees of the realization of the right to education in the Russian Federation 8 Powers of state authorities 8 of the constituent entities of the Russian 2 Federation in the field of education Chapter 2. Education system Federal state educational standards and federal state 5 ensuring the right to education throughout life in accordance with the needs of the individual, adaptability of the education system to the level of training, developmental characteristics, abilities and interests of the person; In order to realize the right of every person to education, federal government bodies, bodies state power subjects of the Russian Federation and bodies local government: the necessary conditions are created to receive without discrimination quality education persons with disabilities, for the correction of developmental disorders and social adaptation, provision of early correctional assistance based on special pedagogical approaches and the most suitable languages, methods and means of communication for these persons, and conditions that are most conducive to obtaining an education of a certain level and a certain orientation, and social development these persons, including through the organization of inclusive education for persons with disabilities; Full or partial financial support is provided for the maintenance of persons in need of social support in accordance with the legislation of the Russian Federation during the period of their education. The powers of state authorities of the constituent entities of the Russian Federation in the field of education include: organizing the provision of psychological, pedagogical, medical and social assistance to students experiencing difficulties in mastering basic general educational programs, their development and social adaptation; Federal state educational standards and federal government requirements provide: variability in the content of educational programs at the appropriate level of education, the possibility of creating educational programs of various levels of complexity and focus, taking into account the educational needs and abilities of students;

3 requirements. Educational standards 6 General requirements for the implementation of educational programs 2 In order to ensure the realization of the right to education of students with disabilities, federal state educational standards for the education of these persons are established or special requirements are included in the federal state educational standards. Educational programs are implemented by the organization carrying out educational activities, both independently and through network forms of their implementation. When implementing educational programs, various educational technologies are used, including distance learning technologies, e-learning. Chapter. Persons carrying out educational activities Educational organizations are independent in forming their structure, unless otherwise established by federal laws. An educational organization may have in its structure various structural units that ensure the implementation of educational activities, taking into account the level, type and focus of educational programs being implemented, the form of education and mode of stay of students (branches, representative offices, departments, faculties, institutes, centers, departments, preparatory departments and courses, research, methodological and educational departments, laboratories, structure of design bureaus, educational and training and production workshops, clinics, 27 educational and experimental farms, training grounds, educational practice bases, educational and demonstration centers, educational theaters, exhibition halls, educational circus organizations, 2 arenas, educational dance and opera studios, educational concert halls, artistic and creative workshops, libraries, museums, sports clubs, student sports clubs, school sports clubs, dormitories, boarding schools, psychological and socio-pedagogical services that provide social adaptation and rehabilitation of students in need, and other structural units provided for by local regulations of the educational organization).

4 An educational organization is obliged to carry out its activities in accordance with 6 Competence, in accordance with the legislation on education, including: 28 rights, duties and responsibilities to ensure the full implementation of educational programs, compliance of the quality of training of students with established requirements, educational organization compliance with the forms, means, methods of teaching and upbringing age, psychophysical characteristics, inclinations, abilities, interests and needs of students; Chapter 4. Students and their parents (legal representatives) Students are granted academic rights to: choose an organization carrying out educational activities, forms of education and forms of training after receiving basic general education or after reaching eighteen years of age; 4 6 Basic rights of students and their measures social support and incentives Scholarships and other cash payments 2 5 provision of conditions for training, taking into account the characteristics of their psychophysical development and health status, including obtaining socio-pedagogical and psychological assistance, free psychological, medical and pedagogical correction; training according to an individual curriculum, including accelerated training, within the limits of the educational program being mastered in the manner established by local regulations; State social scholarship is awarded to students who are disabled children, disabled people of groups I and II, disabled since childhood, students exposed to radiation as a result of a disaster in Chernobyl nuclear power plant and other radiation disasters as a result of nuclear tests at the Semipalatinsk test site, students who are disabled due to military injury or illness received during military service, and combat veterans or who have the right to receive state social assistance, as well as students from among citizens who served for at least three years, military service under a contract in the Armed Forces of the Russian Federation, in the internal troops of the Ministry of Internal Affairs of the Russian Federation, in engineering, technical, road construction military formations under federal executive authorities and in rescue military formations of a federal authority

5 4 42 Health protection of students Psychological, pedagogical, medical and social assistance to students, 5 6 executive power authorized to solve problems in the field of civil defense, the Foreign Intelligence Service of the Russian Federation, federal security service agencies, state security agencies and the federal body for ensuring mobilization training of state bodies authorities of the Russian Federation in military positions subject to replacement by soldiers, sailors, sergeants, foremen, and those dismissed from military service on the grounds provided for in subparagraphs "b" - "d" of paragraph, subparagraph "a" of paragraph 2 and subparagraphs "a" - "c "Clause 5 of the Federal Law of March 28, 998 N 5-FZ "On Military Duty and military service". For students mastering basic general education programs and in need of long-term treatment, educational organizations are created, including sanatoriums, which carry out the necessary medical, rehabilitation and health measures for such students. Education of such children, as well as disabled children who due to health reasons they cannot attend educational organizations, it can also be organized educational organizations at home or in medical institutions. The basis for organizing training at home or in a medical organization is the conclusion of the medical organization and a written request from parents (legal representatives). The procedure for regulating and formalizing relations between state and municipal educational organizations and parents (legal representatives) of students in need of long-term treatment, as well as children with disabilities in terms of organizing training in basic general education programs at home or in medical organizations is determined by a regulatory legal act of the authorized government body subject of the Russian Federation. Psychological, pedagogical, medical and social assistance is provided to children experiencing difficulties in mastering basic general education programs, development and social adaptation, including minor students recognized in cases and in the manner provided for by criminal procedure legislation, suspects, accused or

6 experiencing difficulties in mastering basic general education programs, development and social adaptation by defendants in a criminal case or who are victims or witnesses of a crime, in centers of psychological, pedagogical, medical and social assistance created by government bodies of the constituent entities of the Russian Federation, as well as by psychologists, teachers - psychologists of organizations carrying out educational activities in which such children study. Local governments have the right to create centers for psychological, pedagogical, medical and social assistance. 2 Psychological-pedagogical, medical and social assistance includes: psychological-pedagogical counseling of students, their parents (legal representatives) and teaching staff; correctional, developmental and compensatory classes with students, 2 speech therapy assistance to students; a complex of rehabilitation and other medical measures; assistance to students in career guidance, obtaining a profession and social 4 adaptation. Psychological, pedagogical, medical and social assistance is provided to children based on the application or written consent of their parents (legal representatives). The Center for Psychological, Pedagogical, Medical and Social Assistance also provides assistance to organizations engaged in educational activities on the implementation of basic general education programs, training and education of students, including providing psychological and pedagogical support for the implementation of basic general education programs, providing methodological assistance organizations engaged in educational activities, including assistance in developing educational programs, individual curricula, choosing optimal methods of teaching and educating students who have difficulties in mastering basic general education programs, identifying and eliminating potential obstacles to learning, and also monitors the effectiveness of services provided by organizations, carrying out educational activities, psychological, pedagogical, medical and social assistance to children experiencing difficulties in mastering basic general education

7 4 44 Duties and responsibilities of students Rights, duties and responsibilities in programs, development and social adaptation. The center for psychological-pedagogical, medical and social assistance may be entrusted with the functions of a psychological-medical-pedagogical commission, including conducting a comprehensive psychological-medical-pedagogical examination of children in order to timely identify features in physical and (or) mental development and (or) deviations in the behavior of children, preparing, based on the results of an examination of children, recommendations for providing them with psychological, medical and pedagogical assistance and organizing their education and upbringing, as well as confirming, clarifying or changing previously given recommendations. The regulations on the psychological-medical-pedagogical commission and the procedure for conducting a comprehensive psychological-medical-pedagogical examination of children are established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education, in agreement with the federal executive body exercising the functions on the development of public policy and legal regulation in the field of healthcare. Psychological and pedagogical assistance in the center for psychological, pedagogical, medical and social assistance is provided by educational psychologists, social educators, speech therapists, speech pathologists and other specialists necessary for the proper implementation of the functions of such a center. The Center for Psychological, Pedagogical, Medical and Social Assistance also carries out a set of measures to identify the causes of social maladaptation of children and provides them with social assistance, communicates with the family, as well as with authorities and organizations regarding the employment of children, providing them with housing, benefits and pensions. Disciplinary measures are not applied to students in educational programs of preschool, primary general education, as well as to students with disabilities (delayed mental development And various forms mental retardation).. Parents (legal representatives) of minor students have the right:

8 in the field of education, parents (legal representatives) of minor students 8 choose before the child completes basic general education, taking into account the child’s opinion, as well as taking into account the recommendations of the psychological and medical-pedagogical commission (if any), forms of education and forms of training, organizations providing educational activity, language, languages of education, optional and elective academic subjects, courses, disciplines (modules) from the list offered by the organization carrying out educational activities; attend the examination of children by a psychological, medical and pedagogical commission, discuss the results of the examination and recommendations received from the results of the examination, express their opinion on the proposed conditions for organizing the education and upbringing of children. Chapter 5. Pedagogical, managerial and other employees of organizations carrying out educational activities Pedagogical workers are obliged to: Responsibilities and take into account the characteristics of the psychophysical development of students and the state of their responsibility 48.6 health, comply with the special conditions necessary to receive teacher education persons with disabilities, employees to interact, if necessary, with medical organizations. Chapter 6. Grounds for emergence, change and termination educational relations 55 General requirements for admission to training in an organization carrying out educational activities 8 Admission to training in basic general education programs and educational programs of secondary vocational education at the expense of budgetary allocations of the federal budget, budgets of constituent entities of the Russian Federation and local budgets is carried out on a publicly accessible basis, unless otherwise provided this Federal Law. Children with disabilities are admitted to study in an adapted basic general education program only with the consent of their parents (legal representatives) and on the basis of the recommendations of the psychological, medical and pedagogical commission. The procedure for admission to educational programs at each level of education (including the procedure for admission of foreign citizens and stateless persons, the maximum number of educational organizations higher education, in which applicants for bachelor's degree programs

9 59 60 Final certification Documents on education, etc. or specialty programs, a person has the right to submit applications simultaneously, and the number of specialties and areas of training in which he has the right to participate in the competition), list entrance examinations for admission to study in basic professional educational programs of each level, features of entrance tests for persons with disabilities, a list of additional admission tests for admission to study in educational programs of higher education and a list of categories of citizens who are admitted to study in educational programs of higher education based on the results of entrance examinations, are established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education, unless otherwise provided by this Federal Law. State final certification for educational programs of secondary general education is carried out in the form of a unified state exam (hereinafter referred to as the unified State exam), as well as in other forms that may be established: for students in educational programs of secondary general education in special closed educational institutions, as well as in institutions executing punishment in the form of imprisonment, for students receiving secondary general education within mastering educational programs of secondary vocational education, including educational programs of secondary vocational education, integrated with the main educational programs of basic general and secondary general education, for students with disabilities in educational programs of secondary general education or for students with disabilities and disabled people in educational programs programs of secondary general education by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education Persons with disabilities (with various forms of mental retardation) who do not have basic general and secondary general

10 (or) about qualifications. Documents on training Chapter 7. General education Fee collected from parents (legal representatives) for supervision and care of children studying 65 educational programs preschool education in organizations that carry out educational activities and who have studied in adapted basic general education programs, a certificate of training is issued according to the model and in the manner established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education For supervision and care Parental fees are not charged for disabled children, orphans and children without parental care, as well as for children with tuberculosis intoxication studying in state and municipal educational organizations implementing an educational program for preschool education. For students in need of long-term treatment, disabled children, Primary general, who for health reasons cannot attend educational organizations, basic general and 66 0 training in educational programs of primary general, basic general secondary general and secondary general education is organized at home or in medical education organizations. Chapter. Features of the implementation of certain types of educational programs and the receipt of education by certain categories of students Organization of obtaining 79 education by students with disabilities The content of education and the conditions for organizing training and education of students with disabilities are determined by the adapted educational program, and for disabled people also in accordance with the individual rehabilitation program for the disabled person.

11 disabilities General education of students with disabilities is carried out in organizations that carry out educational activities according to adapted basic general education programs. In such organizations, special conditions are created for these students to receive education. In this Federal Law, special conditions for obtaining education by students with disabilities are understood as the conditions for the education, upbringing and development of such students, including the use of special educational programs and methods of teaching and upbringing, special textbooks, teaching aids and didactic materials, special technical teaching aids for collective and individual use, provision of services of an assistant (assistant) providing students with the necessary technical assistance, conducting group and individual correctional classes, ensuring access to the buildings of organizations carrying out educational activities, and other conditions without which it is impossible or difficult for students with disabilities to master educational programs. The education of students with disabilities can be organized both together with other students, and in separate classes, groups or in separate organizations carrying out educational activities. Separate organizations carrying out educational activities according to adapted basic general education programs are created by government bodies of the constituent entities of the Russian Federation for the deaf, hard of hearing, late deafened, blind, visually impaired, with severe speech impairments, with musculoskeletal disorders, with mental retardation, with mental retardation , with autism spectrum disorders, with complex disabilities and other students with disabilities. Features of the organization of educational activities for students with disabilities are determined by the federal body

12 of the executive branch, which carries out the functions of developing state policy and legal regulation in the field of education, together with the federal executive body, exercising the functions of developing state policy and legal regulation in the field social protection population. Students with disabilities living in an organization carrying out educational activities are fully supported by the state and are provided with food, clothing, shoes, soft and hard equipment. Other students with disabilities are provided with two free meals a day. Vocational training and professional education students with disabilities are carried out on the basis of educational programs adapted, if necessary, for the training of these students. State authorities of the constituent entities of the Russian Federation ensure receipt vocational training students with disabilities (with various forms of mental retardation) who do not have basic general or secondary general education. Professional educational organizations and educational organizations of higher education, as well as organizations carrying out educational activities in basic vocational training programs, must create special conditions for students with disabilities to receive education. When receiving education, students with disabilities are provided with free special textbooks and teaching aids, other educational literature, as well as the services of sign language interpreters and sign language interpreters. The specified measure of social support is an expenditure obligation of the constituent entity of the Russian Federation in relation to such students, with the exception of those studying at the expense of budgetary allocations from the federal budget. For disabled people studying at the expense of federal budget allocations, the provision of these social support measures is an expenditure obligation of the Russian Federation.

13 2 The state, represented by the state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation authorized by it, ensures the training of teaching staff who are proficient in special pedagogical approaches and methods of training and education of students with disabilities, and facilitates the involvement of such workers in organizations carrying out educational activities . Chapter. Economic activity and financial support in the field of education 99 Features of financial support for the provision of state and municipal services in the field of education Chapter 5. Final provisions Standards determined by state authorities of the constituent entities of the Russian Federation in accordance with paragraph of Article 8 of this Federal Law, standard costs for the provision of state or municipal services in the field of education are determined for each level of education in accordance with federal state educational standards, for each type and focus (profile) of educational programs, taking into account forms of education, federal state requirements (if any), type of educational organization, network form of implementation educational programs, educational technologies, special conditions for obtaining education by students with disabilities, providing additional professional education to teaching staff, ensuring safe conditions for training and education, protecting the health of students, as well as taking into account other features of the organization and implementation of educational activities provided for by this Federal Law (for various categories of students) , with the exception of educational activities carried out in accordance with educational standards, per student, unless otherwise established by this article.

14 08 Final provisions The names and charters of educational institutions must be brought into compliance with this Federal Law no later than January 206, taking into account the following:) special (correctional) educational institutions for students and pupils with disabilities must be renamed into general educational organizations.

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The right to education is guaranteed to every citizen of the Russian Federation (Article 43 of the Constitution of the Russian Federation). The implementation of this right is ensured by the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” (hereinafter referred to as the Education Law). For the first time at the legislative level, the concept of “student with disabilities” (as a subject of educational activities) was introduced - this is an individual who has deficiencies in physical and (or) psychological development, confirmed by a psychological, medical and pedagogical commission and preventing them from receiving education without the creation of special conditions . The content of education for students with disabilities is determined by the adapted educational program (used at various educational levels), and for disabled people also in accordance with an individual rehabilitation program.

Currently, the following forms of education for students with disabilities are provided:
1) together with other students;
2) in separate classes, groups;
3) in individual organizations carrying out educational activities.

The choice of form of education for students with disabilities is determined by the parents (legal representatives) of the child, i.e. If the parents wish and there are no medical contraindications, a child with disabilities must be admitted to an educational institution located on a “fixed territory.” In this case, the administration of the institution is obliged to create conditions for students with disabilities to receive a quality education (the state program “Accessible Environment” for 2011-2020 (approved by Decree of the Government of the Russian Federation of December 1, 2015 No. 1297) provides for an increase in the proportion of disabled children who conditions have been created for obtaining high-quality primary general, basic general, secondary general education among the total number of disabled children school age up to 100 percent by 2020).

Education of children with disabilities in regular educational institutions at their place of residence (place of stay) allows you to solve the following problems:
1) do not place students with disabilities in boarding institutions (boarding schools);
2) ensure the residence and upbringing of a child with disabilities in the family;
3) create conditions for the subjective integration of children with disabilities into society.

To solve the identified problems? it is necessary to create “special conditions”, i.e. conditions for training, education and development of students with disabilities, including:
1) the use of special educational programs and methods of training and education, special textbooks, teaching aids and teaching materials, special technical teaching aids for collective and individual use;
2) providing the services of an assistant (assistant) who provides students with the necessary technical assistance;
3) conducting group and individual correctional classes;
4) ensuring access to the buildings of organizations carrying out educational activities (creation of a universal barrier-free environment);
5) other conditions without which it is impossible or difficult for students with disabilities to master educational programs.

In addition to special article 79 of the Education Law, which regulates the organization of education for students with disabilities, it is necessary to take into account other requirements of the Education Law. So, according to clause 2, part 1, art. 34 students have the right to be provided with conditions for learning, taking into account the characteristics of their psychophysical development and health status, including to receive social, pedagogical and psychological assistance, free psychological, medical and pedagogical correction. In turn, psychological, pedagogical, medical and social assistance includes:
1) psychological and pedagogical counseling of students, their parents (legal representatives);
2) correctional, developmental and compensatory classes with students, speech therapy assistance to students;
3) a complex of rehabilitation and other medical measures;
4) assistance to students in career guidance, obtaining a profession and social adaptation.

In addition, educators are required to take into account the characteristics of the psychophysical development of students and their health status, comply with the special conditions necessary for receiving education by persons with disabilities, and interact, if necessary, with medical organizations. It is prohibited to apply disciplinary measures to students with disabilities (with mental retardation and various forms of mental retardation) (Part 5 of Article 43 of the Education Law).

All students with disabilities should be provided with special textbooks and teaching aids, other educational literature, as well as the services of sign language interpreters and sign language interpreters (at the expense of the constituent entity of the Russian Federation) free of charge.

Those children with disabilities who study in special educational institutions (for example, in sanatoriums) and live in these organizations are guaranteed full state support; they are provided with food, clothing, soft and hard equipment (Part 7 of Article 79 of the Education Law).

It should also be noted that the prosecutor’s office may require that the rules for admitting students include specifics for admitting children with disabilities (see, for example, the appeal ruling of the Volgograd Regional Court dated March 13, 2014 in case No. 33-2973/14).

Become 2. Basic concepts used in this Federal Law

16) a student with disabilities - an individual who has deficiencies in physical and (or) psychological development, confirmed by a psychological, medical and pedagogical commission and preventing them from receiving education without the creation of special conditions;

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

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

Article 11. Federal state educational standards and federal state requirements. Educational standards

6. In order to ensure the realization of the right to education of students with disabilities, federal state educational standards for the education of these persons are established or special requirements are included in the federal state educational standards.

Article 5. Right to education. State guarantees of the realization of the right to education in the Russian Federation

1) the necessary conditions are created for persons with disabilities to receive, without discrimination, quality education, for the correction of developmental disorders and social adaptation, for the provision of early correctional assistance based on special pedagogical approaches and the most suitable languages, methods and means of communication and conditions for these persons, in contributing to the maximum extent to obtaining an education of a certain level and a certain direction, as well as the social development of these persons, including through the organization of inclusive education of persons with disabilities;

Article 43. Duties and responsibilities of students

5. Disciplinary measures are not applied to students in educational programs of preschool, primary general education, as well as to students with disabilities (with mental retardation and various forms of mental retardation).

Article 79. Organization of education for students with disabilities

2. General education of students with disabilities is carried out in organizations that carry out educational activities according to adapted basic general education programs. In such organizations, special conditions are created for these students to receive education.

3. Under special conditions for obtaining education by students with disabilities in this Federal Law are understood the conditions for the training, education and development of such students, including the use of special educational programs and methods of teaching and upbringing, special textbooks, teaching aids and didactic materials, special technical teaching aids for collective and individual use, provision of the services of an assistant (assistant) providing students with the necessary technical assistance, conducting group and individual correctional classes, providing access to the buildings of organizations carrying out educational activities, and other conditions without which the development of educational programs is impossible or difficult students with disabilities.

4. The education of students with disabilities can be organized both together with other students, and in separate classes, groups or in separate organizations carrying out educational activities.

5. Separate organizations carrying out educational activities according to adapted basic general educational programs are created by state authorities of the constituent entities of the Russian Federation for the deaf, hard of hearing, late-deafened, blind, visually impaired, with severe speech impairments, with musculoskeletal disorders, with mental retardation, with mental retardation, with autism spectrum disorders, with complex disabilities and other students with disabilities.

6. Features of the organization of educational activities for students with disabilities are determined by the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of education, together with the federal executive body, which carries out the functions of developing state policy and legal regulation. regulation in the field of social protection of the population.

7. Students with disabilities living in an organization carrying out educational activities are fully supported by the state and are provided with food, clothing, shoes, soft and hard equipment. Other students with disabilities are provided with two free meals a day.

8. Vocational training and vocational education of students with disabilities is carried out on the basis of educational programs, adapted, if necessary, for the training of these students.

9. State authorities of the constituent entities of the Russian Federation ensure that students with disabilities (with various forms of mental retardation) who do not have basic general or secondary general education receive vocational training.

10. Professional educational organizations and educational organizations of higher education, as well as organizations carrying out educational activities in basic vocational training programs, must create special conditions for students with disabilities to receive education.

11. When receiving education, students with disabilities are provided with free special textbooks and teaching aids, other educational literature, as well as the services of sign language interpreters and sign language interpreters. The specified measure of social support is an expenditure obligation of the constituent entity of the Russian Federation in relation to such students, with the exception of those studying at the expense of budgetary allocations from the federal budget. For disabled people studying at the expense of federal budget allocations, the provision of these social support measures is an expenditure obligation of the Russian Federation.

12. The state, represented by the state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation authorized by it, ensures the training of teaching staff who are proficient in special pedagogical approaches and methods of training and education of students with disabilities, and facilitates the involvement of such workers in organizations engaged in educational activities .

At the end of 2012, the Federal Law “On Education” was radically updated. It was discussed for about two years; the responses were often the exact opposite; Only the lazy did not criticize it as a whole or its individual provisions.

Three months passed, passions subsided. The law will come into force on September 1, 2013. Let's try to find out the opinion of a lawyer from the legal group of the Center for Curative Pedagogy about what the new law promises for children with disabilities. Is there “light at the end of the tunnel”?..

Material taken from the site “Special Childhood”: http://www.osoboedetstvo.ru/fs/archives/109-.html

Briefly about the main innovations of the Federal Law “On Education”

(adopted in 2012, effective from 09/01/2013)

Compliance with the UN Convention on the Rights of Persons with Disabilities

According to Article 24 of the Convention (paragraphs 1, 2), when implementing the right of a person with disabilities to education, states parties ensure that:

A) people with disabilities were not excluded due to disability from the general education system, and disabled children were not excluded from the system of free and compulsory primary education or secondary education;

b) people with disabilities had equal access to inclusive, quality and free primary education and secondary education in their places of residence;

c) reasonable accommodations are provided to suit individual needs;

d) persons with disabilities receive the required support within the general education system to facilitate their effective learning;

e) in an environment that is maximally conducive to learning and social development, in accordance with the goal of full coverage, effective measures were taken to organize individualized support.

In general, these requirements of the Convention are reflected in the new law.

The previous (currently valid) law also did not contain any prohibitions in this regard; but the state policy was different, the existing norms were not implemented. In the new law, the provisions of the Convention are formalized to a greater extent, and thereby enshrined.

Main innovations

Specification of definitions

– Student with disabilities (HH) –an individual who has deficiencies in physical and (or) psychological development, confirmed by a psychological-medical-pedagogical commission and preventing them from receiving education without the creation of special conditions.

A status has been introduced that is confirmed by psychological, medical and pedagogical commissions (PMPC) and requires the creation of special conditions for receiving education.

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

The law contains state guarantee to ensure the education of any child, including those with special educational needs.

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

Innovations in essence

1. Separately introduced state guarantees for the provision of psychological, pedagogical and medical and social assistance. It is organized by the constituent entities of the Russian Federation and is provided both by centers of psychological, pedagogical and medical and social assistance (CPMSP), and by specialists from educational organizations.

TsPPMSP created for consulting both children and parents and educational organizations (OO). On them may also be assigned the function of PMPK; therefore, PMPK will not be divorced from the place where the child is observed and is being helped (the current situation is the opposite). Some rules about PMPK have appeared (although a reference is still made to the Regulations, a lot depends on it).

2. Whole article 79 dedicated to the education of persons with disabilities.

They are trained according to an adapted educational program (AEP), which provides for the creation of special conditions, including the use of special educational programs and methods training and education, special textbooks, teaching aids and teaching materials, special technical teaching aids for collective and individual use, provision of services assistant (assistant) providing students with the necessary technical assistance, conducting group and individual correctional classes, ensuring access to the buildings of organizations carrying out educational activities, and other conditions without which it is impossible or difficult to master educational programs students with disabilities.

A child with disabilities can study both together with ordinary peers and in separate organizations (groups, classes). Special (correctional) institutions should be gradually renamed general education institutions. At the same time, we are not talking about the liquidation of special (correctional) educational organizations. The general thrust of the new law: special education does not necessarily have to be institutionalized through the creation of special schools. Organization special education(whether there are separate schools that will teach according to adapted programs, or separate classes in a regular school, etc.) - depends on the characteristics of the region.

The Ministry of Education should develop standard provisions of institutions for different “types” of children with disabilities. Added "types" to existing "types" with autism spectrum disorders, with complex defects and other students with disabilities."

3. Financing

The funding standard (per capita) is established taking into account special conditions for the education of a child with disabilities. Application varies by region.

In Moscow For a disabled child with cerebral palsy, a coefficient of 3 is set, for other children with disabilities - 2. To create full-fledged special learning conditions, this is extremely insufficient!

4. State provides training for teaching staff to work with children with disabilities And " promotes the attraction of such workers into organizations».

On the organization of the pedagogical process

– Entered disciplinary action against students, up to and including expulsion from school and transfer. Does not apply only to preschoolers and students primary school, children with mental retardation and mental retardation. Consequently, there is a non-zero danger of applying disciplinary sanctions to children with moderate emotional-volitional, behavioral, and other disorders.

– If the child has academic debt(fails in 1 or more subjects): he is given a year (continues to study with the class), during which he has the opportunity to recertify 2 times. If it is not possible to pass recertification, then it is possible: a) repeated training (“second year”); b) transfer to study according to an adapted educational program (AEP); c) training according to an individual curriculum (IEP), which includes, among other things, stretching the duration of training in certain subjects. As a result, a child who is not doing well in certain subjects has the opportunity not to change the team.

– For school graduates "VIII type"– without basic secondary education – upon completion of education, is issued certificate according to the established model(currently only a certificate is issued). It reflects learning outcomes in individual subjects compared to conventional programmes. Serves a guideline for further professional training.

- Schools are creating dispute settlement commissions(for parents).

– Pinned parents' right:

– « receive information about all types of planned examinations(psychological, psychological and pedagogical) students, give consent to conduct such examinations or participate in such examinations, refuse to conduct them or participate in them, receive information about results surveys of students" ;

– attend PMPK examination, discuss, express an opinion on recommendations.

– final examination

Persons who have completed syllabus and those who do not have academic debt - unless otherwise established by the rules of certification for the educational program in which they are studying.

– Education of orphans and children without parental care in boarding schools: priority training is organized outside the boarding school. If there is no opportunity (educational infrastructure), then in institutions. Aimed at the socialization and integration of children into orphanages and the realization of their right to education.

– In OO the supervision and care function is separated from education itself. Consequently, “extended hours” at school, as well as “supervision and care” in kindergartens can become paid. Benefits (free of charge) will remain for: disabled children, orphans and children without parental care, children with tuberculosis intoxication.

– School entry age

It was: beginning of education from 6.5 to 8 years. Will become: Start of studies after 8 years is possible by decision of the founder. This may lead to the fact that in such cases it is necessary to take the conclusion of the PMPC and convince the founder to listen to it.

4. The education of students with disabilities can be organized both together with other students, and in separate classes, groups or in separate organizations carrying out educational activities.

6. Features of the organization of educational activities for students with disabilities in basic general education programs, educational programs of secondary vocational education, relevant additional professional programs, vocational training programs and additional general education programs are determined by the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of general education, together with the federal executive body, carrying out the functions of developing and implementing state policy and regulatory legal regulation in the field of social protection of the population. Features of the organization of educational activities for students with disabilities in educational programs of higher education and relevant additional professional programs are determined by the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of higher education, together with the federal executive body. , carrying out the functions of developing and implementing state policy and legal regulation in the field of social protection of the population.

8. Vocational training and vocational education of students with disabilities is carried out on the basis of educational programs, adapted, if necessary, for the training of these students.

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Transcript

(adopted in 2012, effective from 09/01/2013)

Compliance with the UN Convention on the Rights of Persons with Disabilities

Main innovations

Specification of definitions

Innovations in essence

On the organization of the pedagogical process