New Law “On Education”: will the lives of children with disabilities change? Education of students with disabilities At the stage of primary general education.

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 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 exercising the functions of developing and implementing state policy and regulatory and legal regulation in the field of general education, together with the federal executive body, which carries out the functions of developing and implementing state policy and 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.

(see text in the previous edition)

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 .

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

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 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.

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.

On the education of persons with disabilities in a new way.

Comments.

The Federal Law “On Education in the Russian Federation” No. 273-FZ dated December 29, 2012 for the first time established provisions on inclusive, that is, joint, education and upbringing of children with disabilities. Please note that in accordance with this Federal Law, the names and charters of educational institutions must be renamed no later than January 1, 2016. In particular, “special (correctional) educational institutions for students and pupils with disabilities should be renamed into general education organizations».

The law also enshrines the concept of a student with disabilities. This is “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.”

Who exactly do you mean? Students with disabilities include such citizens of the Russian Federation as deaf, hard of hearing, blind, visually impaired, with severe speech impairments, with special psychophysical development, with musculoskeletal disorders, including disabled children. Part 5 of Article 41 of the law clearly states that for students “in need of long-term treatment, educational organizations, including sanatoriums, are created in which the necessary medical, rehabilitation and health measures are carried out for such students. Education of such children, as well as disabled children who, for health reasons, cannot attend educational organizations, can also be organized by educational organizations at home or in medical organizations. 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).” These norms are consistent with the federal laws “On social protection of disabled people in the Russian Federation” (Article 19 No. 181-FZ) and “On social services for elderly citizens and disabled people” (Article 12 No. 122-FZ).

The new law “On Education in the Russian Federation” confirmed the possibility of teaching people with disabilities both according to educational programs adapted for them and according to individual curricula.

In order to realize the right to education of citizens of the Russian Federation, authorities (at all levels) must create “the necessary conditions for obtaining without discrimination quality education for 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 methods of communication for these persons, and conditions that are most conducive to obtaining an education of a certain level and a certain orientation, as well as the social development of these individuals, including through the organization of inclusive education for persons with disabilities”, “taking into account the characteristics of their psychophysical development and health status, including receiving socio-pedagogical and psychological assistance, free psychological and medical pedagogical correction".

Article 42 of the law “Psychological, pedagogical, medical and social assistance to students experiencing difficulties in mastering basic general education programs, development and social adaptation” is devoted to the education of persons with disabilities. We emphasize that psychological, pedagogical, medical and social assistance is provided to children based on the application or written consent of their parents or legal representatives. In addition, parents have the right “to be present when children are examined by a psychological-medical-pedagogical commission, discuss the results of the examination and recommendations received as a result of the examination, and express their opinion regarding the proposed conditions for organizing the education and upbringing of children.” The law describes in detail which institutions may be entrusted with the functions and development of regulations on PMPC.

We can talk a lot about the rules of admission to study in basic general education programs, about scholarships, about the conditions of paid and free education, payment and exemption for child care in preschool and school institutions, but parents of such children are concerned about an equally important issue - about benefits upon admission to university. If previously disabled children, disabled people of groups I and II, orphans had the right to admission to higher educational institutions without competition, subject to successful completion of entrance examinations (clause 3 of article 16 of the Law of the Russian Federation of July 10, 1992 No. 3266-I “On education "), then in the new law obtaining higher education(according to bachelor's or specialist's programs) subject to special rights when applying for training under these programs.

The following have the right to admission without entrance examinations: 1) winners and prize-winners of the final stage of the All-Russian Olympiad for schoolchildren; 2) champions and prize-winners of the Olympic Games, Paralympic Games and Deaflympic Games, world champions, European champions, persons who took first place at the world championship, European championship in sports included in the programs of the Olympic Games, Paralympic Games and Deaflympic Games, in specialties and (or) areas of training in the field of physical education and sports.

Disabled children, disabled people of groups I and II, disabled since childhood, disabled people due to military injury or illness received during military service, for whom, according to the conclusion of the federal medical and social examination institution, education in the relevant educational organizations is not contraindicated, have the right only to admission within the established quota subject to successful completion of entrance examinations and also the right to admission to preparatory departments federal state educational organizations of higher education - for training at the expense of budgetary allocations. Moreover, the admission quota for obtaining (free) higher education in the specified programs (bachelor’s and specialist’s degrees) is established annually by the educational organization “in the amount of no less than ten percent of the total target volume for the admission of citizens studying at the expense of budgetary allocations” of all levels.

According to the new law, the right to admission to preparatory departments at the expense of budgetary allocations have 13 categories of citizens, which includes: orphans and children left without parental care, as well as persons from among orphans and children left without parental care; disabled children, disabled people of groups I and II, for whom, according to the conclusion of the federal medical and social examination institution, education in relevant educational organizations is not contraindicated; citizens under the age of twenty who have only one parent - a disabled person of group I, if the average per capita family income is lower than the subsistence level established in the constituent entity of the Russian Federation at the place of residence of these citizens; citizens who were exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant, children of deceased military personnel, children of prosecutors, etc.

All these persons are given a preferential right to enroll in an educational organization for training (under bachelor's degree programs and specialty programs) subject to successful completion of entrance examinations and other things being equal. As for the scholarship, “the state social scholarship is awarded to students who are orphans and children without parental care, persons from among orphans and children without parental care, disabled children, disabled people of groups I and II, disabled people with childhood, students exposed to radiation as a result of the disaster at the 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 those entitled to receive state social assistance”, as well as other students listed in Art. 36 of the new education law.

From our point of view, the situation for disabled people and orphans has worsened not only because they lost such a benefit as non-competitive enrollment in state educational institutions (subject to successful passing of entrance exams). The bad news is that the admission quota for (free) higher education is now set by the educational institution itself. In addition, the law does not mention persons with disabilities who permanently reside in boarding schools in the Russian Federation.

We forget again that disabled children become adults! If we are talking about the general education of children (including those with deviant behavior), then the law also considers the conditions for living of students in a boarding school, for the supervision and care of children in after-school groups, and the problems of establishing fees for the maintenance of children or liberation from it; it is indicated that it is mandatory to organize education at home or in medical organizations for disabled children who, for health reasons, cannot attend educational organizations or require long-term treatment.

However, the right of adult disabled people permanently residing in inpatient institutions is not discussed at all. to receive or continue education in boarding schools. This is a special problem because... Boarding schools do not have a license to carry out this type of activity, and education departments are avoiding solving this problem. Paragraph 2 of Article 12 No. 122-FZ “On Social Services for Elderly Citizens and Disabled Persons” provides for disabled children “the right to receive education and vocational training in accordance with their physical capabilities and mental abilities...by organizing special educational institutions in inpatient social service institutions institutions (classes and groups) and labor training workshops in the manner established by current legislation,” but adult disabled people living in boarding homes (most often in homes for the elderly and disabled) are deprived of this right. Although there are currently opportunities for education (including distance education).

Federal Law No. 181-FZ “On the social protection of people with disabilities in the Russian Federation” (Article 19) obliges the state to “ensure that people with disabilities receive basic general, secondary (complete) general education, primary vocational, secondary vocational and higher vocational education in accordance with an individual rehabilitation program disabled person." This obligation should also apply to adult disabled people living in inpatient institutions, since “in the Russian Federation the right of every person to education is guaranteed” (Part 1 of Article 5 of the Federal Law “On Education in the Russian Federation” No. 273-FZ of December 29, 2012).

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1 Federal Law 27-FZ “On Education in the Russian Federation” on the education of children with disabilities Article Item Contents Chapter. General provisions: a student with disabilities is an individual who has deficiencies in physical and (or) psychological development, 6 confirmed by a psychological, medical and pedagogical commission and preventing them from receiving 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 legally 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; 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, inadmissibility of discrimination in the field of education; the humanistic nature of education, the priority of human life and health, individual rights and freedoms, free personal development, education of mutual respect, hard work, citizenship, patriotism, responsibility, legal culture, respect for nature and the environment, rational use of natural resources; 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 8 authorities 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 education systems to the level of training, developmental characteristics, abilities and interests of a person; In order to realize the right of every person to education, federal government bodies, government bodies of constituent entities of the Russian Federation and local governments: create the necessary conditions for persons with disabilities to receive quality education without discrimination, for the correction of developmental disorders and social adaptation, and for the provision of early correctional assistance based on special pedagogical approaches and the most suitable languages for these individuals, methods and means of communication and conditions that are most conducive to obtaining an education of a certain level and a certain orientation, as well as the social development of these individuals, including through the organization of inclusive education for persons with disabilities health; 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 education programs, their development and social adaptation; Federal state educational standards and federal state 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 and 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 design bureaus, educational and training-production workshops, clinics, 27 educational training 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 providing 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 measures of their social support and incentives Scholarships and other monetary payments 2 5 provision of conditions for learning, taking into account the characteristics of their psychophysical development and health status, including receiving social, 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 the Chernobyl disaster and other radiation disasters as a result of nuclear tests at the Semipalatinsk test site, students who are disabled due to war trauma or illnesses received during military service, and combat veterans or those entitled to receive state social assistance, as well as students from among citizens who served for at least three years under contract in the Armed Forces of the Russian Federation, in the internal troops 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 the federal body

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 provide the necessary medical, rehabilitation and health measures for such students. Education of such children, as well as disabled children who, for health reasons, cannot attend educational organizations, can also be organized by educational organizations at home or in medical organizations. 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 and pedagogical counseling for 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, provides methodological assistance to organizations engaged in educational activities, including assistance in the development of educational programs, individual curricula, selection of 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 psychological services provided by organizations engaged in educational activities. 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 (mental retardation and various forms of 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 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 employees are obliged to: Responsibilities and take into account the characteristics of the psychophysical development of students and their state of health 48.6 responsibility, comply with the special conditions necessary for obtaining pedagogical education by persons with disabilities, employees to interact with necessary with medical organizations. Chapter 6. Grounds for the emergence, change and termination of educational relations 55 General requirements for admission to study in an organization engaged in educational activities 8 Admission to study in basic general education programs and educational programs of secondary vocational education at the expense of budgetary allocations from the federal budget, budgets of constituent entities of the Russian Federation and local budgets are carried out on a publicly accessible basis, unless otherwise provided by 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 recommendations of the psychological, medical and pedagogical commission. The procedure for admission to study in educational programs of each level of education (including the procedure for admission of foreign citizens and stateless persons, the maximum number of educational institutions of 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), a list of entrance tests for admission to training in basic professional educational programs of each level, the specifics of conducting entrance examinations for persons with disabilities, a list of additional entrance examinations for admission to educational programs of higher education and a list of categories of citizens who are admitted to education for educational programs of higher education based on the results of entrance examinations are established by the federal executive body carrying out functions for the development of 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 as part of the development of 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 people with disabilities in educational 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 for persons with disabilities ( with various forms of mental retardation), lacking basic general and average general

10 (or) about qualifications. Documents on training Chapter 7. General education Fees collected from parents (legal representatives) for the supervision and care of children mastering 65 educational programs of preschool education in organizations carrying out educational activities and studying in adapted basic general education programs, a certificate of training is issued for 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 the supervision and care of disabled children, orphans and children without parental care, as well as children with tuberculosis intoxication, studying in state and municipal educational organizations implementing an educational program for preschool education, parental fees are not charged. 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 training, education and development of such students, including the use of special educational programs and methods of teaching and upbringing, special textbooks, teaching aids and teaching materials, special technical means training for collective and individual use, providing the services of an assistant (assistant) who provides 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 it is impossible or difficult for students with disabilities to master educational programs limited health capabilities. 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 of social protection of the 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 vocational education of students with disabilities is 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 that students with disabilities (with various forms of mental retardation) who do not have basic general or secondary general education receive vocational training. 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.

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This Federal Law is being adopted in order to create a legislative framework to meet the needs of persons with disabilities in obtaining education, adaptation and integration of these persons into society.

CHAPTER I. GENERAL PROVISIONS

Article 1. Basic terms

For the purposes of this Federal Law, the main terms have the following meaning:

Special education - preschool, general and vocational education, for which special conditions are created for persons with disabilities to receive education;

A person with disabilities is a person who has physical and (or) mental disabilities that prevent the development of educational programs without creating special conditions for receiving education;

Child - a person under the age of eighteen;

Adult - a person who has reached the age of eighteen;

Disadvantage - a physical or mental disability, confirmed by a psychological, medical and pedagogical commission in relation to a child and a medical and social expert commission in relation to an adult, as well as in cases established by this Federal Law by a repeated examination;

Physical disability - a temporary or permanent deficiency in the development and (or) functioning of a human organ(s), confirmed in the established manner, or a chronic somatic or infectious disease;

Mental disability is a duly confirmed temporary or permanent deficiency in a person’s mental development, including speech impairment, emotional-volitional disorders, including autism, a consequence of brain damage, as well as mental development disorders, including mental retardation, mental retardation, creating learning difficulties;

Complex disability is a combination of physical and (or) mental disabilities confirmed in the prescribed manner;

Severe disability is a physical or mental disability confirmed in the prescribed manner, expressed to such an extent that education in accordance with state educational standards (including special ones) is inaccessible and learning opportunities are limited to obtaining basic knowledge about the world around us, acquiring self-service skills and acquiring basic labor skills or receiving basic vocational training;

Special conditions for obtaining education - conditions of training (upbringing), including special educational programs and teaching methods, individual technical means of education and living environment, as well as pedagogical, medical, social and other services, without which it is impossible (difficult) to master general education and professional educational programs for persons with disabilities;

Integrated education - joint education of persons with disabilities and persons without such limitations, through the creation of special conditions for persons with disabilities to receive education;

General purpose educational institution - an educational institution created to train persons who do not have health restrictions to receive education;

Special educational institution - an educational institution created for the education of persons with disabilities; special educational unit - a structural unit of a general purpose educational institution created for the education of persons with disabilities;

An educational institution of integrated learning is a general-purpose educational institution in which special conditions have been created for persons with disabilities to receive education together with persons who do not have such limitations;

Studying at home - mastering general education and professional educational programs by a person who, for health reasons, is temporarily or permanently not attending an educational institution, in which learning is carried out at home by teaching staff of the relevant educational institutions, including using distance learning tools;

State registered educational obligation - a registered document establishing the obligation of state authorities of the Russian Federation or state authorities of a constituent entity of the Russian Federation to carry out, in accordance with special standards, financing the education of persons with disabilities when training them in educational institutions of all types and types, regardless of the forms of development of educational programs;

Full state support - providing persons with disabilities studying in state, municipal special educational institutions - boarding schools and special educational units - boarding schools of state, municipal educational institutions of general purpose, with food, clothing, shoes, soft equipment, necessary equipment and individual technical means . Article 2. Participants in relations regulated by this Federal Law

This Federal Law regulates the relations of individuals and legal entities involved in the implementation of special education:

Persons with disabilities who are citizens of the Russian Federation;

Parents (other legal representatives) of children with disabilities, as well as legal representatives or duly authorized representatives of adults with disabilities;

Pedagogical, medical and other workers involved in the implementation of special education, as well as teaching workers from among persons with disabilities;

State bodies, local governments, state, municipal, non-governmental organizations, their officials, as well as persons involved in the implementation of special education. Article 3. Goals of special education

1. Special education ensures that persons with disabilities receive an education in accordance with their abilities and capabilities in a learning environment adequate to their health for the purpose of adaptation and integration (reintegration) of these persons into society, including the acquisition of self-service skills, preparing them for work. and family life.

2. If a person with disabilities is recognized as disabled, special education is included in the individual rehabilitation program for the disabled person in accordance with the legislation on social protection of disabled people. Article 4. Legislation of the Russian Federation in the field of education of persons with disabilities

1. The legislation of the Russian Federation in the field of education of persons with disabilities includes the Constitution of the Russian Federation, the Law of the Russian Federation "On Education", this Federal Law, other laws adopted in accordance with them and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation in the field of education of persons with disabilities.

2. When regulating legal relations in the field of education of persons with disabilities, generally recognized principles and norms of international law and international treaties of the Russian Federation are applied. If an international treaty of the Russian Federation establishes rules other than those provided for by the legislation of the Russian Federation in the field of education of persons with disabilities, the rules of the international treaty apply. Article 5. State policy in the field of special education

1. The state provides conditions for persons with disabilities to receive free education in accordance with their abilities and capabilities, including promoting the development of integrated education.

2. The implementation of state policy in the field of special education is carried out on the basis of the federal target program for the development of special education, which is an integral part of the federal program for the development of education. The federal target program for the development of special education is being developed with the involvement of public associations of persons with disabilities, public associations of parents (other legal representatives) of these persons and other public associations.

3. The Russian Federation and the constituent entities of the Russian Federation provide, in accordance with the legislation, tax, customs and other benefits to organizations providing special education. Article 6. Issues of special education within the jurisdiction of the Russian Federation

1. In the field of special education, the jurisdiction of the Russian Federation is subject to:

1) establishment of federal components of special state educational standards for preschool education and general education;

2) determination of the legal status of sign language, the Braille system, and other special means of communication, receiving and transmitting information;

3) determination of uniform principles and standards for creating special conditions for persons with disabilities to receive education and principles for the final certification of these persons;

4) approval of standard regulations on special educational institutions of relevant types and types; determining the specifics of the creation, reorganization and liquidation of special educational institutions, licensing of their educational activities, as well as the specifics of certification and state accreditation of special educational institutions;

5) establishing the specifics of financing and financing standards in accordance with the state registered educational obligation;

6) establishment of benefits provided for by federal law for persons working in the field of special education;

7) organization of research activities in the field of special education;

8) organization of state control over the quality of special education and state supervision and control over the implementation of the legislation of the Russian Federation in the field of special education of persons with disabilities; creating conditions for the participation of public associations in resolving issues in the field of special education.

CHAPTER II. RIGHTS IN THE FIELD OF SPECIAL EDUCATION OF PERSONS WITH DISABILITIES AND THEIR PARENTS (OTHER LEGAL REPRESENTATIVES)

Article 7. Rights of citizens in the field of special education

1. Citizens have the right to examination for the purpose of obtaining special education and state registered educational obligation.

2. Persons with disabilities have the right to:

1) free examination by a psychological, medical, pedagogical commission or a medical and social expert commission;

2) free medical, psychological and pedagogical correction of physical and (or) mental disabilities from the moment of their discovery, regardless of the degree of their severity in accordance with the conclusion of the psychological, medical and pedagogical commission;

3) free pre-school education, primary general and basic general education from the age of six to eight years in accordance with the conclusion of the psychological, medical and pedagogical commission and the individual curriculum. the time frame for mastering basic general education programs of primary general and basic general education is determined by standard regulations on educational institutions of the relevant types and types and cannot be less than nine years;

4) obtaining free education in a special educational institution, educational institution of integrated learning, special educational unit or in a general educational institution in accordance with psychological, pedagogical and medical indications (contraindications);

5) free education in an educational institution, regardless of its organizational and legal form, in accordance with state educational standards (including special ones), regardless of the form of education, guaranteed by the state registered educational obligation;

6) provision, in accordance with social or medical indications, with vehicles for delivery to the nearest appropriate educational institution. The procedure for providing vehicles is established by the Government of the Russian Federation. Article 8. Rights of parents (other legal representatives) of persons with disabilities

1. Parents (other legal representatives) of a child with disabilities have the right:

1) be present during the examination of the child

Psychological-medical-pedagogical commission, discuss the results of the examination, challenge the conclusion of this commission in the manner established by paragraph 5 of Article 23 of this Federal Law;

2) participate in the development and implementation of individual educational programs;

3) attend classes for free, with the permission of the head of the educational institution, in state and municipal educational institutions of secondary vocational and higher vocational education, in order to obtain special knowledge for more effective upbringing and development of the child;

4) for reimbursement of the costs of educating a child in a family according to an individual curriculum in the amount of costs of educating a child at the appropriate stage of education in a state or municipal special educational institution, determined by state funding standards, including funds allocated from the state personal educational obligation, provided implementation of an individual training program;

5) receive consultations on special education issues from the psychological, medical and pedagogical commission.

2. The rights specified in subparagraphs 1 and 2 of paragraph 1 of this article are also granted to other legal representatives of persons with disabilities. The provisions of subparagraph 1 of paragraph 1 of this article apply to legal representatives of adults with disabilities, taking into account the provisions of paragraph 7 of Article 23 of this Federal Law. Article 9. State support for persons with disabilities

Persons with disabilities are fully provided by the state in state, municipal special educational boarding institutions and special educational units - boarding schools of state, municipal educational institutions of general purpose:

Deaf and hard of hearing;

Blind and visually impaired;

With severe speech impairments;

With dysfunctions of the musculoskeletal system;

Mentally retarded;

With pronounced (deep) disturbances of the emotional-volitional sphere and behavior;

Having learning difficulties due to mental retardation;

With complex flaws.

CHAPTER III. ORGANIZATION OF SPECIAL EDUCATION

Article 10. Forms of receiving special education

Persons with disabilities can receive special education in special educational institutions, special educational units, educational institutions of integrated learning, general educational institutions in the forms provided for by the Law of the Russian Federation “On Education”.

Article 11. Homeschooling

1. For persons who, due to health reasons, do not temporarily or permanently attend educational institutions, the relevant educational authorities are obliged to organize home education.

The list of diseases, the presence of which gives the right to study at home, is established in the manner determined by the Government of the Russian Federation.

2. Education at home is carried out by an educational institution in which the persons specified in paragraph 1 of this article are constantly studying, or by the appropriate educational institution closest to their place of residence that has state accreditation, on the basis of the conclusion of a medical institution in relation to children suffering from somatic diseases, or on the basis of a psychological-medical-pedagogical commission or a medical-social expert commission in other cases. Studying at home is carried out on the basis of an agreement between the educational authority, the educational institution, the student and (or) his legal representatives.

The form of the home study agreement is approved by the federal government education authority.

3. Home education is financed in accordance with Article 29 of this Federal Law. Article 12. Training in an inpatient medical institution

1. In order to realize the right of citizens to education, create conditions for receiving it, educational authorities and health authorities are obliged to organize the education of children with disabilities who are undergoing long-term (more than twenty-one days) treatment in inpatient medical institutions, in accordance with general educational standards. programs.

2. The general educational institution at the location of the inpatient medical institution provides education to children in various forms. Organizational issues of training are regulated by an agreement between an inpatient medical institution and a general educational institution.

The form of the agreement on the organization of training in an inpatient medical institution is approved by the relevant federal executive authorities, whose competence includes issues of education and health care.

3. Training in an inpatient medical institution is financed in accordance with Article 29 of this Federal Law. Article 13. Training in a general educational institution

1. Persons with disabilities have the right to study in a general educational institution in accordance with the Law of the Russian Federation “On Education” if they have the appropriate conclusion of a psychological, medical, pedagogical commission or a medical and social expert commission.

2. Persons with disabilities studying in a general educational institution have the right to use the services of an assistant during classes if there is a corresponding recommendation in the conclusion of the commissions specified in paragraph one of this article.

The rights and responsibilities of an assistant may be established by local regulations of the educational institution. Article 14. Integrated learning

1. Integrated education is organized for persons with disabilities in accordance with psychological, pedagogical and medical indications (contraindications), if the educational institution of integrated education has the necessary special conditions for receiving education. An educational institution of integrated education does not have the right to refuse admission to such persons for training due to the presence of physical and (or) mental disabilities in the absence of contraindications to training and (or) vocational education and restrictions for work in a specific profession (specialty).

In an educational institution of integrated learning, the number of persons with disabilities should not be more than twenty percent of the total number of students and pupils.

An educational institution of integrated education, from the day a person with disabilities is enrolled in it, has the right to be financed from the federal budget and (or) budget funds of the constituent entities of the Russian Federation in the amount established by the state registered educational obligation.

2. Joint training and education of persons with mental or complex disabilities and persons who do not have such disabilities should not adversely affect the educational results of persons who do not have such disabilities. persons with mental or complex disabilities who successfully master the educational program of an educational institution of integrated education may be expelled from this educational institution due to the impossibility of joint education based on a decision of the board of the educational institution in agreement with the psychological, medical and pedagogical commission. At the same time, the executive authorities, whose competence includes issues of education, take measures within a month to ensure that these individuals continue their education in a form adequate for them. Article 15. Special educational institutions

1. In the Russian Federation, special educational institutions are created and operate, the types and types of which are determined in accordance with the educational programs they implement, rehabilitation activities and the age of students.

2. In the Russian Federation, special educational institutions may be created and operate for persons:

1) with speech impairments - severe speech impairments, phonetic-phonemic underdevelopment of speech and impaired pronunciation of individual sounds;

2) with hearing impairment - deaf, hard of hearing and late-deafened;

3) with visual impairments - blind, visually impaired and late-blind people, with strabismus and amblyopia;

4) with mental disorders - delayed mental development, mentally retarded, with profound mental retardation;

5) with dysfunctions of the musculoskeletal system;

6) with complex disabilities, including deaf-blindness;

7) with disorders of the emotional-volitional sphere and behavior;

8) susceptible to chronic somatic or infectious diseases.

Special educational institutions may be created for the joint education of persons with various physical and (or) mental disabilities, if this does not interfere with the successful development of educational programs and there are no medical contraindications for such training. Article 16. Speech therapy service

1. To provide assistance to children with various speech disorders and studying in general educational institutions, a speech therapy service is organized.

Based on the number of children in need of speech therapy assistance, this assistance can be provided through:

Introduction of a speech therapist position into the staff of a general educational institution;

Creation of a speech therapy room within the structure of the education management body;

Creation of a speech therapy center - an institution with the rights of a legal entity.

2. The standard regulations on speech therapy services are approved by the federal executive body whose competence includes issues of education. Article 17. Rehabilitation centers

1. For the purpose of training and (or) education of persons with complex and (or) severe disabilities, rehabilitation centers of various profiles are created. State rehabilitation centers (at least one in each subject of the Russian Federation) are created by the federal executive body.

2. The objectives of rehabilitation centers are the formation of communication and self-service skills, basic work skills and the organization of classes according to individual educational programs.

Classes in rehabilitation centers are organized according to individual and (or) group training programs with the number of students in a group of no more than ten people, and with a complex defect - no more than six people.

3. The rehabilitation center is a legal entity. The standard regulations on the rehabilitation center are approved in the manner established by the Government of the Russian Federation. Article 18. Peculiarities of admission to educational institutions of persons with disabilities

Admission to educational institutions of persons with disabilities is carried out in the manner established by the Law of the Russian Federation "On Education", and on the basis of the conclusion of a psychological, medical and pedagogical commission or a medical and social expert commission. Article 19. Transfer of persons with disabilities from special educational institutions to other educational institutions

1. The transfer of persons with disabilities from special educational institutions of one type or type to special educational institutions of another type or type, to educational institutions of integrated education or to educational institutions of general purpose is carried out on the basis of the conclusion of a psychological-medical-pedagogical commission or a medical-social expert commission and with the consent of parents (other legal representatives) of minor children.

The issue of transfer is considered, as a rule, after a year has passed from the date of admission to a special educational institution, if an earlier date for re-examination does not correspond to the interests of the student or pupil.

2. In the event of reorganization or liquidation of a special educational institution, the educational management body under which this institution is subordinate, ensures the transfer of students, pupils, with their consent or with the consent of parents (other legal representatives) to other special educational institutions or to relevant educational institutions of integrated education. Article 20. Closed special educational institutions. Special educational units of educational institutions created at institutions performing

Criminal penalties in the form of imprisonment

1. For children who have physical and (or) mental disabilities, who have committed socially dangerous acts, who have reached the age of eleven years and who are recognized in court as socially dangerous, special closed educational institutions are created, the founders of which can only be federal executive authorities and executive authorities authorities of the constituent entities of the Russian Federation.

The referral of such children to special closed educational institutions is carried out by court decision, taking into account the conclusion of the psychological, medical and pedagogical commission in the manner established by federal law.

2. In educational institutions created at institutions executing criminal penalties in the form of imprisonment, special educational units are created for convicted persons with disabilities. Article 21. Special state educational standards

1. For persons with disabilities, whose education in accordance with state educational standards is impossible due to the characteristics of their physical and (or) mental disabilities, special state educational standards are established. Special state educational standards for vocational education are not established.

2. The procedure for the development, approval and introduction of special state educational standards is determined by the Government of the Russian Federation. Article 22. Features of the final certification of persons with disabilities.

1. The final certification of persons with physical disabilities and who have completed educational programs of the appropriate level is carried out in accordance with the Law of the Russian Federation “On Education”.

2. The final certification of persons with mental or complex disabilities and who have completed educational programs for special educational institutions is carried out in the manner established by the federal executive body whose competence includes issues of education. Article 23. Psychological, medical and pedagogical commissions, medical and social expert commissions

1. Diagnosis of physical and (or) mental disabilities of children, establishment of their rights to special education and the creation of special conditions for receiving education, as well as consultation of parents (other legal representatives) on all issues regarding physical and (or) mental disabilities of children are carried out by permanent interdepartmental psychological, medical and pedagogical commissions.

Psychological, medical and pedagogical commissions are created at the rate of an average of one commission per ten thousand children living in a given territory, but no less than one psychological, medical and pedagogical commission on the territory of each subject of the Russian Federation.

For the purpose of scientific and methodological service

Psychological-medical-pedagogical commission and resolution of conflicts between the commission and parents (other legal representatives) of children with disabilities, federal psychological-medical-pedagogical centers are created at the rate of one center for ten commissions, but no more than one psychological-medical-pedagogical center on the territory of each subject of the Russian Federation. If the number of commissions is less than ten in one constituent entity of the Russian Federation, one federal psychological, medical, and pedagogical center is created for several constituent entities of the Russian Federation. The creation of federal psychological, medical and pedagogical centers is carried out in agreement with the state authorities of the constituent entity of the Russian Federation on whose territory it is created.

The procedure for creating psychological-medical-pedagogical commissions and federal psychological-medical-pedagogical centers and standard regulations on them are established by the Government of the Russian Federation.

2. The main functions of the psychological, medical and pedagogical commission are:

1) conducting a free psychological, medical and pedagogical examination of children as early as possible, identifying the characteristics of their development in order to establish a diagnosis and determine adequate special conditions for receiving education;

2) certification of the rights of a child with disabilities to special education, drawing up an appropriate conclusion;

4) confirmation, clarification and change of a previously established diagnosis;

5) consulting parents (other legal representatives) of children with disabilities;

6) consulting pedagogical, medical and social workers on issues related to special conditions for children to receive education, their rights and the rights of parents (other legal representatives);

7) formation of a data bank about children with disabilities, childhood pathology (inadequacy) and provision of the collected information to the relevant educational authorities, health authorities and social protection authorities.

3. The psychological, medical and pedagogical commission must include:

Psychologist;

Doctors - psychiatrist, neurologist, orthopedist, otolaryngologist, ophthalmologist, therapist (pediatrician), physiotherapist;

Specialists in the field of special education - speech therapist, oligophrenopedagogist, teacher of the deaf, typhlopedagogist, social teacher;

Representatives of the relevant educational authorities, health authorities and social protection authorities take part in the work of the psychological, medical and pedagogical commission.

4. Referral of children to a psychological, medical and pedagogical commission is carried out upon the application of parents (other legal representatives), a court decision, as well as with the consent of parents (other legal representatives) on the initiative of the relevant educational authorities, health authorities, social protection authorities, educational institutions, health care institutions, social protection of the population or public associations dealing, in accordance with their constituent documents, with issues of protecting the rights of persons with disabilities. When sending children for examination by court decision, the consent of parents (other legal representatives) is not required.

Health care institutions are required to refer a child to a psychological, medical, and pedagogical commission within ten days if they identify clear signs of physical and (or) mental disabilities in order to determine special conditions for their education.

5. The results of the examination of the child are reflected in the conclusion of the psychological, medical and pedagogical commission, which is the basis for sending the child, with the consent of the parents (other legal representatives), to a special educational institution, for organizing home education or for sending him to educational institutions of integrated education. Members of the psychological-medical-pedagogical commission are obliged to maintain professional secrets, including maintaining the confidentiality of the conclusion.

If parents (other legal representatives) disagree with the conclusion of the psychological-medical-pedagogical commission, within a month from the date they submit the application, the relevant psychological-medical-pedagogical center conducts a second examination.

The conclusion of the re-examination may be appealed to the court. 6. Psychological-medical-pedagogical commission and

Psychological, medical and pedagogical center are legal entities.

7. The functions of the psychological, medical and pedagogical commission in relation to adults are performed by medical and social expert commissions.

Appeals against the conclusions of medical and social expert commissions are carried out in the manner established by the legislation of the Russian Federation. Article 24. Documents certifying the right to receive special education

1. The right to receive special education is certified by a document issued to the child (his legal representative) by the psychological-medical-pedagogical commission or to the adult (his legal representative) by the medical-social expert commission. The form of the document is established in the manner determined by the Government of the Russian Federation.

2. Special conditions for obtaining education are determined on the basis of the conclusion of a psychological, medical, pedagogical commission or a medical and social expert commission.

3. Based on the documents specified in paragraphs 1 and 2 of this article, the executive body whose competence includes issues of financing education issues a state registered educational obligation to a person with disabilities (his legal representative). A state registered educational obligation cannot be the subject of civil circulation, including purchase and sale and pledge, about which a corresponding entry is made in the state registered educational obligation.

The form of the state registered educational obligation, the procedure for calculating its price and the procedure for obtaining this obligation are established by the Government of the Russian Federation.

4. Officials of psychological, medical, pedagogical commissions and medical and social expert commissions, in accordance with the legislation of the Russian Federation, are responsible for the accuracy of the information contained in the documents specified in paragraphs 1 and 2 of this article. Persons guilty of issuing a deliberately incorrect conclusion by a psychological-medical-pedagogical commission or a medical-social expert commission, or illegally issuing documents specified in paragraphs 1, 2 and 3 of this article, bear disciplinary, administrative, property and criminal liability established by the legislation of the Russian Federation .

CHAPTER IV. SPECIAL EDUCATION SYSTEM MANAGEMENT

Article 25. Special education authorities

1. Management of special education in the Russian Federation is carried out by the federal executive body whose competence includes issues of education, and by the relevant executive bodies of the constituent entities of the Russian Federation.

2. Executive authorities, whose competence includes issues of education, adopt and implement joint programs and carry out joint activities aimed at protecting the health of citizens, preventing disability, social adaptation of persons with disabilities, crime prevention, medical and social rehabilitation of persons with disabilities health opportunities. To coordinate these activities, exchange information and experience on special education issues, interdepartmental commissions can be created.

The executive authorities, whose competence includes issues of education, inform the psychological, medical and pedagogical commissions, the psychological, medical and pedagogical center and medical and social expert commissions about their decisions in the field of special education. Article 26. Features of the reorganization and liquidation of special educational institutions. The reorganization and liquidation of state and municipal special educational institutions can be carried out if students and pupils are guaranteed continued education in adequate special conditions for obtaining an education. During the reorganization and liquidation of non-state special educational institutions, students and pupils are guaranteed the realization of their rights to education in state and municipal educational institutions of the relevant types and types. Article 27. Features of licensing educational activities of special educational institutions, their certification and state accreditation

1. Licensing of educational activities of special educational institutions is carried out in accordance with the Law of the Russian Federation “On Education”, taking into account the following conditions:

1) a license for the right to conduct educational activities is issued to educational institutions of vocational education, special educational institutions by the federal state educational authority, with the exception of special preschool educational institutions, special educational institutions for children with mental retardation and (or) mentally retarded children.

2) a special subject of the examination is the availability of special conditions for obtaining education, for non-state special educational institutions also the possibility of their financing in accordance with established standards.

2. Certification and state accreditation of a special educational institution are carried out in the manner established by the Law of the Russian Federation “On Education”, subject to the following conditions:

1) certification of a special educational institution is carried out if the final certification result of at least half of the graduates in the past academic year is positive;

2) state accreditation of a special educational institution is carried out only by the federal state educational authority. Article 28. Control over activities in the field of special education

1. Control over activities in the field of special education is carried out by the relevant executive authorities and local government bodies within the limits of their competence in the forms provided for by laws and other regulatory legal acts.

Control over the activities of state and municipal educational institutions in which persons with disabilities study is carried out by their founders.

2. Public control over activities in the field of special education is carried out by public associations dealing, in accordance with their constituent documents, with issues of protecting the rights of persons with disabilities.

3. Supervision over the implementation of legislation on special education is carried out by the prosecutor's office.

CHAPTER V. PROVIDING CONDITIONS FOR RECEIVING SPECIAL EDUCATION

Article 29. Financing of special education

1. Financing of an educational institution in which a person with disabilities studies is carried out by the founder, as well as from the federal budget or the budget of the corresponding constituent entity of the Russian Federation in the amount established by the state registered educational obligation.

2. Financing of special education is carried out in the amount of the federal funding standard established for general purpose educational institutions of the relevant types and types in accordance with the Law of the Russian Federation “On Education”.

At the expense of state registered educational obligations, the costs of creating special conditions for obtaining education by persons with disabilities, providing these persons with textbooks, teaching aids, individual technical training aids and vehicles are paid.

3. Expenses are made at the expense of the federal budget to ensure state registered educational obligations of persons with disabilities studying in educational institutions of vocational education, as well as in special educational institutions, with the exception of special preschool educational institutions, special educational institutions for children with mental retardation development and (or) mentally retarded children.

4. The standards for financing state registered educational obligations from the federal budget are established in the manner determined by the law of the Russian Federation “On Education” for financing state and municipal educational institutions.

5. The state personal educational obligation is fulfilled when a person (his legal representative) transfers the documents provided for in Article 24 of this Federal Law to the administration of the educational institution to which this person has been admitted for study.

6. Persons with disabilities studying in general educational institutions that do not have special educational units are not issued state registered educational obligations.

If, according to the conclusion of the psychological-medical-pedagogical commission or medical-social expert commission, the training of persons with disabilities is impossible without an assistant, then the costs of remunerating the student’s assistant and the cost of individual technical training aids are reimbursed in the manner determined for the state nominal educational obligation and in amounts not exceeding the size of the state nominal educational obligation.

7. Financing of the speech therapy service is provided by its founders.

8. The home education of persons with somatic diseases, carried out at the conclusion of the treatment institution, as well as their education during their stay in an inpatient medical institution, is financed by the educational institution in which these persons are constantly studying. Home education of persons with disabilities, carried out according to the conclusion of a psychological-medical-pedagogical commission or a medical-social expert commission, is financed by state registered educational obligations.

9. The creation of the necessary conditions for the teaching activities of a specialist with disabilities is carried out at the expense of the founder of the relevant educational institution. Article 30. Material and technical base of special educational institutions, educational institutions of integrated education and special educational units.

1. For a special educational institution, an educational institution of integrated learning and a special educational unit, in order to ensure the activities provided for by their charters, the founder (founders) or a body authorized by the owner assigns objects of ownership in accordance with the legislation of the Russian Federation.

2. The material and technical base of such educational institutions or educational units, depending on their types and types, includes premises, structures necessary for students, pupils, as well as equipment and individual technical means of training for persons with disabilities, including for organizing correctional and rehabilitation rooms, organizing sports and public events, catering, providing medical care, recreational and therapeutic measures, household and sanitary services, performing other functions provided for by the charter of the relevant educational institution or educational unit. Article 31. Scientific and methodological support for special educational institutions, educational institutions of integrated training and special educational units 1. The publication of textbooks and teaching aids for special educational institutions, educational institutions of integrated training and special educational units is carried out at the expense of the federal budget.

2. The Government of the Russian Federation provides scientific and methodological support to special educational institutions, educational institutions of integrated learning and special educational units through bodies and institutions authorized by it.

3. When developing and approving the federal budget, expenses for scientific research in the field of special education are provided.

CHAPTER VI. PROVIDING SPECIAL EDUCATION STAFF.

Article 32. Training of specialists in the field of special education.

1. Training of specialists in the field of special education is carried out in specialized educational institutions of secondary vocational and higher vocational education, in educational institutions of postgraduate vocational education, as well as in special faculties and courses of educational institutions of secondary vocational and higher vocational education.

2. The mandatory minimum content of the basic educational programs of secondary pedagogical and higher pedagogical education, established by the federal component of the relevant state educational standard, includes the study of the fundamentals of defectology and correctional pedagogy. Article 33. Social guarantees and benefits for employees involved in the implementation of special education.

1. Employees involved in the implementation of special education, in addition to the rights and benefits established by the legislation of the Russian Federation for employees of educational institutions, are given the right to be paid at tariff rates (salaries) increased by 15-30 percent, depending on the types and types of educational institutions, as well as the complexity of the work performed.

The list of relevant positions and works is approved in the manner determined by the Government of the Russian Federation.

2. In the event of an increase, by decision of the founder, in the number of students, pupils in classes (groups) in excess of the standard number established for an educational institution of the corresponding type or type, the tariff rates (salaries) of employees specified in paragraph 1 of this article are increased by one percent for each percentage of excess of the standard number of students, pupils.

3. A blind teaching employee of the relevant educational institution has the right to have a secretary, whose work is paid from the funds of the founder.

CHAPTER VII. INTERNATIONAL ACTIVITIES OF THE RUSSIAN FEDERATION IN THE FIELD OF SPECIAL EDUCATION.

Article 34. International activities of the Russian Federation in the field of special education.

1. The Russian Federation carries out international activities in the field of special education and promotes the development of the international community in the field of special education, including on the basis of international treaties of the Russian Federation.

2. Bodies, institutions, state and non-state organizations related to special education, interested individuals have the right to participate in international programs and projects in the field of special education, including the training of specialists.

3. Bodies, institutions, state and non-state organizations related to special education have the right, in accordance with the legislation of the Russian Federation:

1) establish connections with foreign and international organizations of special education, including conducting joint research, exchange of specialists, technologies, programs, students, pupils;

2) create special educational institutions with the participation of foreigners, as well as organizations to support their activities;

3) independently carry out foreign economic activities. CHAPTER VIII. FINAL AND TRANSITIONAL PROVISIONS

Article 35. The procedure for enacting this Federal Law.

This Federal Law comes into force from the date of its official publication, with the exception of paragraph 2 of Article 37, paragraphs of the first and third paragraphs of Article 37, paragraph 2 of Article 38 of this Federal Law. Subclause 6 of clause 2 of Article 7 of this Federal Law comes into force on September 1, 2001. Article 36. Application of previously adopted laws and other regulatory legal acts in the field of special education.

Laws and other regulatory legal acts in the field of special education that were in force on the territory of the Russian Federation before the entry into force of this Federal Law are applied to the extent that does not contradict this Federal Law, other regulatory legal acts of the Russian Federation issued on its basis, laws and other regulatory legal acts acts of the constituent entities of the Russian Federation. Article 37. The procedure for implementing certain provisions of this Federal Law.

1. The costs of putting into effect the provisions of this Federal Law are financed from the federal budget, unless otherwise provided by this Federal Law or an agreement between the Russian Federation and the subject (subjects) of the Russian Federation.

2. The creation of special conditions for obtaining education in state educational institutions is carried out at the expense of the founders and must be completed before September 1, 2001.

3. The creation of psychological, medical and pedagogical commissions at the rate of one commission for no more than one hundred thousand children living in a given territory, but no less than one psychological, medical and pedagogical commission on the territory of each subject of the Russian Federation must be completed before January 1, 2000 year, in accordance with paragraph 1 of Article 23 of this Federal Law - until September 1, 2005.

The Russian Federation provides subsidies to constituent entities of the Russian Federation if they lack funds to finance psychological, medical and pedagogical commissions.

The creation of federal psychological, medical and pedagogical centers must be completed before January 1, 2000. Targeted admission of students to educational institutions of higher professional education is planned taking into account the provision of psychological, medical and pedagogical commissions, psychological, medical and pedagogical centers and medical and social expert commissions with relevant specialists. Article 38. On bringing regulatory legal acts of the Russian Federation into conformity with this Federal Law.

1. To propose to the President of the Russian Federation to instruct the Government of the Russian Federation to bring its legal acts into compliance with this Federal Law.

2. The normative legal acts provided for by this Federal Law must be issued before January 1, 2000.

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