Implementation of the right to education for disabled people in the Russian Federation. Legal support of the activities of the education system for children with disabilities material on the topic

XALL-RUSSIAN COMPETITION OF YOUTH OF EDUCATIONAL INSTITUTIONS AND SCIENTIFIC ORGANIZATIONS FOR THE BEST JOB"MY LEGISLATIVE INITIATIVE"

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Section:Social politics

Topic:

"The rights of children with disabilities and children with disabilities in education"

11th grade student Azhokov Astemir Khachimovich

Scientific adviser:

Teacher of history and social science Guatizheva Irina Arsenovna

Place of work:

KBR, Leskensky district, MKOU secondary school No. 1 s.p. Anzorey

2015

Introduction ..........................................................................................................................................3

1. Studying the problem of education of people with disabilities……..6

2. Development of legal regulation of educational guarantees for children with disabilities in Russia ................................................. .......................eight

3. Legal regulation of education of children with disabilities in Russia.................................................................. ................................................. ................................................. .eleven

4. A child with disabilities as a subject of the right to education………….14

5. Unified concept of a special federal state standard for children with disabilities: basic provisions. …………………………..16

6. Inclusive education for children with disabilities……...18

7. A stranger among his own………………………………………………………………………………20

8. State Program of the Russian Federation "Accessible Environment"…………….. 21

9. Implementation of the "Accessible Environment" program in the Leskensky municipal district ...... 24

Conclusion .....................................................................................................................................26

Bibliography ......................................................................................................................28

Applications ……………………………………………………………………………………….30

Introduction

Now that we've learned to flythrough the air, like birds, swim underwater,like fish, we lack only one thing:learn to live on earth like people.

B.Show

The situation of disabled people in Russia is well known: there are no conditions, and medical care is not the best, and the attitude of society is intolerant. All this is. But few people remember that people with physical or mental disabilities want to live the same life as everyone else: first go to kindergarten, then to school, go to college, get a profession, social life skills. In fact, even a school for disabled children sometimes becomes inaccessible, not to mention higher education. Although such children want to learn (if, of course, the disease allows), to develop and are ready to overcome many difficulties for this. You can be born with a developmental disability, or you can “acquire” it, become disabled already in advanced years. No one is immune from disability. It can be caused by various unfavorable environmental factors and hereditary influences.

Currently in Russia there are more than 2 million children with disabilities (8% of the entire child population), of which about7 00 thousand are children with disabilities. There is an annual increase in the number of this category of citizens.

Currently, children with disabilities, according to the most conservative estimates of the Ministry of Education and Science of Russia, make up more than 4.5% of the total number of students in educational institutions, while special conditions for education are provided only to 1/3 of these children in special (correctional) educational institutions ( classes, groups).The rest are educated in special educational institutions or do not attend school at all. That is, a child cannot get further education, master a profession, which means that he will never be able to lead an independent life and provide for himself.

Among all children with disabilities, the vast majority of children do not have physical disabilities, but have developmental disabilities associated with the cognitive sphere. We, in the Leskensky municipal district, have 105 children with disabilities and 200 children with disabilities.Most of them cannot receive a decent education.

The main social problems of children with disabilities are barriers to the exercise of their rights to health protection and social adaptation, education, and employment. The transition to paid medical services, paid education, the unsuitability of the architectural and construction environment for the special needs of disabled children in public infrastructure buildings (hospitals, schools, secondary and higher educational institutions), government funding of the social sphere on a residual basis complicate the processes of socialization and their inclusion in society.

Today, there is a contradiction between the proclaimed equality in the choice of the type of education, educational services and the actual remaining inequality of opportunities for different social groups in the implementation of these rights. A way out of the crisis is possible on the way to the transition to an innovative educational model.

The profound changes currently taking place in Russia determine the relevance of introducing innovative educational programs and technologies focused on the qualitative improvement of the process of socialization of people with disabilities.

The most priority and logical direction of this work is integrated (inclusive) education - the process of joint education of ordinary and atypical children, the establishment of closer relationships between them in the process of their upbringing in the same class of a mass school. The development of integrated education will contribute to the realization of the rights of persons with special needs to human dignity and equality in receiving education. The conditions of the mass school undoubtedly expand the range and direction of communication of the atypical child, accustom him to life in an environment of normally developing children. The positive influence of mass school conditions is proved, for example, by long-term observations of practicing teachers of children with mental retardation. The level of progress of those who got into a correctional school after 1-2 years of mass education is incomparably higher than that of schoolchildren who immediately ended up in a special educational institution.

Objective:

based on the analysis of Russian legislation, to determine the specifics of the legal status of a child with disabilities in the field of education;

to formulate the concept of "the right to special education";

to identify the causes and conditions that contribute to the violation of the constitutional rights of children with disabilities and their families in the Russian Federation.

To achieve this goal, the following tasks are solved in the work:tasks:

identify the content of the concept of "a child with disabilities", compare it with other legislative terms, determine the most appropriate designation for this group of persons;

determine the legal nature of the concept of "the right to special education" and its place among the system of guarantees of the subjective right to education;

explore the historical aspects of the legal regulation of the education of children with developmental disabilities in Russia;

explore the norms of the legislation of the Russian Federation

to promote the creation in schools of the Leskensky municipal district of conditions for raising the social, legal and cultural level of children with disabilities.

object research are legal relations in the field of regulation and implementation of the right to education of a special social group - children with disabilities - in their historical development.

L. S. Vygotsky pointed out the need to include children with developmental disabilities in the environment of ordinary children: “It is extremely important from a psychological point of view not to lock abnormal children into special groups, but it is possible to practice their communication with other children more widely”; and further: “... the rule is deeply anti-pedagogical, according to which, for the sake of convenience, we select homogeneous groups of mentally retarded children. By doing this, we are not only going against the natural tendency in the development of these children, but, more importantly, we are depriving the mentally retarded child of collective cooperation and communication with other children standing above him, exacerbating, rather than alleviating, the immediate cause of underdevelopment. his higher functions. These words of the scientist, of course, apply to all children with developmental disorders.

1. Studying the problem of education of persons with disabilities.

The problems of special education today are among the most urgent in the work of all departments of the Ministry of Education and Science of the Russian Federation, as well as the system of special correctional institutions. This is due, first of all, to the fact that the number of children with disabilities and children with disabilities is steadily growing. In addition to the growth in the number of almost all categories of children with disabilities, there is also a tendency for a qualitative change in the structure of the defect, the complex nature of disorders in each individual child. Every fourth family faces, one way or another, with the problem of disability.

Developed civilized countries are striving to solve social problems associated with an increase in the number of people with disabilities based on a scientific approach to the formulation and solution of these problems, the use of material and technical means, a detailed legal mechanism, national and public programs, a high level of professional training of specialists, etc. .d.

And yet, despite the efforts made and significant progress in medicine, the number of people with disabilities is slowly but steadily growing. For example, there are 3-5% more children in need of special education every year. These are mainly children with congenital pathologies: cerebral palsy, blindness, deafness, mental retardation, etc.

Restriction of health capabilities - any loss of mental, physiological or anatomical structure or function or deviation from them, entailing a complete or partial restriction of the ability or ability to carry out household, social, professional or other activities in a way and to the extent that are considered normal for a person, other age being equal. , social and other factors.

The growth of disability in most countries of the world is associated with the complication of production processes, an increase in traffic flows, military conflicts, environmental degradation, a significant spread of bad habits and other reasons.

The number of people with disabilities is steadily increasing in our country. Thus, the number of disabled people registered with the social protection authorities has increased by 56.8% over the past 5 years. Taking into account the transition of Russia to international criteria and the expansion of medical indications for establishing disability, according to experts, in the next 10 years we should expect an increase in the number of people with disabilities by 2-3 times.

In general, between 15% and 25% of preschool children suffer from chronic diseases; among schoolchildren, 53% have poor health, and more than 1/3 of children aged 13-17 have chronic diseases, according to the Ministry of Health and Medical Industry.

Serious deterioration in health makes life extremely difficult, as a rule, determining the present and future of disabled people in the most negative way, which depends not only on their potential, but also on the help and support of the state. According to the World Health Organization, 80% of disabled people (more than 400 million people) live in poor countries where there are not enough conditions to meet the most basic needs. Disability exacerbates poverty, dragging into its abyss not only citizens with disabilities, but also their family members who are forced to overcome various kinds of financial, psychological, social and material barriers. Poverty makes it difficult for persons with disabilities to access health care and education, leading to their exclusion and discrimination.

In all territories of the Russian Federation, an increase in the number of children recognized as disabled is observed. This situation is especially acute in Komi, Bashkortostan, Mari El, Mordovia, Kalmykia, Adygea, Kabardino-Balkaria, Karachay-Cherkessia, Ingushetia, Dagestan.

The term "child with disabilities" became stronger in the practice of Russian specialists working with children in the 90s of the XX century. He's borroweddomestic specialists from foreign experienceand brought together a fairly wide group of people who need special educational conditions, social support and medical rehabilitation,in specially developed standards, methods, content of education,however, the presence of a disability is not always the case. This group consists of persons with sensory, motor, intellectual, complex and other developmental disorders, while one part of the students in this group has a disability, others do not.At the same time, many different terms are used in Russian pedagogical science, which are covered by the general concept of a “child with disabilities”: children with developmental disabilities, children with developmental disabilities, pedagogically neglected children, etc.

2. Development of legal regulation of educational guarantees

for children with disabilities in Russia.

Legal regulation of relations in the field of education of children with disabilities in Russia appears rather late in comparison with Western countries, at the beginning of the 20th century. There was no state regulation of legal relations with the participation of the children themselves, including children, in modern terms, who are in a difficult life situation (that is, orphans, children with mental and physical disabilities), due to the fact that most family relations were regulated before the advent of laws. mainly customary law, also associated with religious norms.

In the history of Russia, the attitude towards children with disabilities, as well as in European countries, has gone through several stages in its development, from complete indifference to them to recognition and awareness of the need to consolidate their legal status in legislative norms.

As a rule, there was no pronounced negative attitude towards such children in Russia. The weak-minded Slavs were treated with pity, as "God's people", "blessed". The spread of Christianity, the Orthodox Christian religion, contributed to the development of mercy, compassion, and tolerance in the public consciousness. Russia also adopted the Byzantine tradition of organizing church and monastic shelters. The granting of positive rights to children occurs only in cases where protection is necessary for such children in the absence of relatives or persons who could take the child into care.

One of the first documents devoted to the group of persons under consideration is the decree of Prince Vladimir, which approved the Charter of the Orthodox Church (996), according to which the charity of the disabled was imputed to the church. Under the protection of the church were, in particular, the blind and the lame.

Both in medieval Europe and in Russia, legal acts gradually appeared that ensured the protection of society from persons with disabilities. Stoglav of 1551 ordered to rewrite and send to the monasteries the poor and sick, unable to work, wandering "in the world for temptation and many people for condemnation and souls for destruction." The sick and elderly were to be placed in state care in almshouses, as well as in monasteries.

The creation of a secular charity system in Russia dates back to the time of Peter I. In 1704, Peter issued a decree forbidding the killing of children with birth defects and requiring them to be announced to the priests of the respective parishes. Gradually, the secular authorities began to take measures to control how charity was carried out in monasteries, the state paid for the charity of the sick from the treasury.

Under the influence of the events taking place in Europe at the end of the 18th century, the proclamation of ideas about the freedom and equality of people in rights, as well as the subsequent recognition of the rights of people with disabilities in the field of education, Russia begins to borrow the experience of opening special schools for children with disabilities. However, this experience has not been widely adopted.

Catherine II in 1775 issued a Decree on the establishment of the Order of public charity. The order of public charity was entrusted with the care and supervision of public schools, orphanages, hospitals and hospitals, almshouses for the poor, houses for the terminally ill, the crippled and insane, workhouses and strait houses.

The mass opening of institutions, including educational ones, for children with disabilities begins in the second half of the 19th century, which is associated with the establishment of the Zemstvo, which was in charge of local health and education issues, the permission to open schools at the initiative of local authorities and communities, the development of charitable activities .

The first to open educational institutions for the deaf and blind, then for the mentally retarded. They begin to explore and teach "incapacitated" children, that is, those who are lagging behind in learning.

Thus, a social movement for the upbringing and education of children with developmental disabilities is developing, but there is still no legal support for the system of special education.

At the beginning of the 20th century, auxiliary schools and classes were created in Moscow, and then in other cities of Russia, for children with limited abilities who were expelled from elementary schools due to poor performance. For pedagogically retarded children, "repeated" classes are created. In the auxiliary school, as a rule, they were accepted after two years of study in elementary school.

The legal registration of the system of special education, as well as the creation of an education system for children with developmental disabilities, becomes a state task only after the socialist revolution of 1917. The first acts of the Soviet government in the area under consideration were the legal acts of the entire system of social institutions - hospitals, schools, charity institutions, almshouses. This area becomes completely state-owned. The school was separated from the church. An authority in the field of health was formed - the People's Commissariat of Health. The Ministry of Charity was transformed into the People's Commissariat. The upbringing and health care of children with disabilities were assigned to the competence of various authorities. So, nervous and mentally ill children were to be sent for education to the institutions of the People's Commissariat of Education, mentally retarded - to auxiliary schools of the People's Commissariat of Education, physically handicapped children (deaf-mute, blind, crippled) - to special institutions of the People's Commissariat of Education.

The legal regulation of the creation and operation of special educational institutions begins to develop in the 20s of the XX century, but receives a broad and firm establishment only after the introduction of compulsory education.

Thus, the legal regulation of special education, which ensures the consolidation of the right to education of children with disabilities, was carried out by the adoption of a number of regulations in the 20s of the XX century, which were just beginning to regulate relations in the field of special education.

In February 1946, the Council of People's Commissars of the RSFSR adopted a resolution in which local executive authorities were instructed to organize training and production workshops in all special schools and provide vocational training for students. Executive committees were forbidden to close special schools and special institutions of the People's Commissariat for Education, People's Commissariat of Health and People's Commissariat for Social Security or transfer them to other premises.

In 1973, a codified act was adopted and put into effect on January 1, 1974, regulating relations related to education - the Fundamentals of the Legislation of the USSR and the Union Republics on Public Education. In accordance with article 26 of this act, special schools are organized for children and adolescents with disabilities in physical or mental development. Following it, in 1974, the Law of the RSFSR "On Public Education" was adopted, article 44 of which establishes certain types of schools for children and adolescents with physical or mental disabilities that prevent learning in an ordinary general education school and need special conditions for education - special general education schools, boarding schools and orphanages. Practice showed the need to create educational places for children with severe speech disorders, mental retardation, and disorders of the musculoskeletal system. In the 1970s and 1980s, classes were opened for children with mental retardation, the first experimental classes for severely mentally retarded children.

By the mid-1970s, auxiliary schools accounted for about 77% of the total number of schools for abnormal children. By 1990, the total number of special schools in Russia was 2,789, with about 575,000 students; more than 300 thousand children with developmental disabilities were brought up in kindergartens. At the same time, by the end of the 1990/91 school year, the coverage of special education for children who needed it was not complete. Since the educational level for children with disabilities was high (there was no separate state standard), many children with complex defects or profound intellectual disabilities were excluded from the education system, as unteachable. The system of special education was not focused on dialogue with the parents of students and society, it was closed to the media.

A new stage of legal regulation of the education of children with disabilities begins in the 1990s. The generally recognized principles and norms of international law are recognized as part of the Russian legal system. Article 43 of the 1993 Constitution of the Russian Federation enshrines the right of everyone to education. The state guarantees the general availability and free of charge of preschool, basic general and secondary vocational education. In 1992, the Law of the Russian Federation “On Education” was adopted, Article 5 of which develops constitutional provisions on equality and general accessibility of education. One of the elements of the education system in accordance with article 12 of the law is special (correctional) educational institutions for students, pupils with disabilities, the direction to which is carried out only with the consent of the parents and at the conclusion of the psychological, medical and pedagogical commission (paragraph 10 of Art. fifty).

In 1995, the federal law "On the Social Protection of the Disabled in the Russian Federation" was adopted, articles 18, 19 of which establish guarantees for the disabled in the field of education. A number of by-laws on the education of children with disabilities have been approved. Among them are the procedure for the upbringing and education of disabled children at home, a standard provision on a special (correctional) educational institution for teachers, pupils with developmental disabilities.

The concept of modernization of Russian education for the period up to 2010, approved by the government of the Russian Federation, sets the task of ensuring the quality, accessibility and effectiveness of education. The concept notes the need to everywhere ensure equal access of young people to a full-fledged quality education, regardless of the material wealth of the family, place of residence, state of health (clause 1.2).

At present, the system of special education continues to develop largely according to the established traditions of separating handicapped children and other "difficult" children through the creation of special (correctional) educational institutions or classes. At the same time, statistics show that the number of special schools in the country as a whole is not increasing.

There have been trends towards the inclusion of children with disabilities in the general system of educational institutions. Special educational conditions can be created not only in specialized educational institutions, but also in educational institutions of a general type, including through the opening of special (correctional) classes.

3. Legal regulation of the education of children with disabilities in Russia

Russian legislation on education uses the concepts of "disabled" and "person with disabilities". Additional guarantees in the field of education for persons with disabilities are established in Articles 18, 19 of the Federal Law "On the Social Protection of Persons with Disabilities in the Russian Federation". Features of the legal status of persons with disabilities are specified in articles 5, 12, 15, 16, 50, 52.1 of the Law of the Russian Federation "On Education".

In cases where disability is not established, since developmental deviations are insignificant, the assessment of the educational opportunities of the child is carried out only by specialists from the psychological, medical and pedagogical commissions (PMPC) created by the educational authorities of the regional and municipal levels. The commissions include a psychiatrist, defectologist, speech therapist, and other specialists. When diagnosing a child, the PMPK draws up recommendations on the creation of special learning conditions, sends children, with the consent of their parents, to special (correctional) educational institutions.

The term "person with disabilities" is sometimes seen as softer, more neutral than the word "disabled", which is commonly perceived by many as a "second class" person. The word "invalid" (invalid), for example, in English has two meanings: 1) sick, disabled, or 2) invalid, unenforceable. This term is unacceptable for people with disabilities in English-speaking countries, where the association of a person with the sick or unfit contributes to the negative attitude of society towards these persons. The content of Articles 18, 19 of the Federal Law "On the Social Protection of Disabled Persons in the Russian Federation" allows us to characterize them as a whole as the norms of the legislation on education (since they relate to the same subject of legal regulation - relations in the field of education). At the same time, their comparison with the norms of the legislation on education reveals individual cases when the legislator puts children with disabilities and children with disabilities in an unequal position without, in my opinion, sufficient grounds. The question arises as to how justified is the establishment of some additional benefits specifically for disabled people, and not for people with disabilities. For example, when passing the exam in educational institutions of higher professional education, disabled people are provided with benefits. Apparently, such an additional guarantee should be provided not on the basis of formal criteria for the presence of a status of a disabled person or a child with a disability, confirmed in accordance with the established procedure, but on the actual need for benefits.

It is also insufficiently justified to separate children with disabilities and children with disabilities in the development of "educational routes". Special conditions for the education and upbringing of a disabled child are determined by the institutions of medical and social expertise, while in relation to children with developmental disabilities who do not have disabilities, conclusions (with recommendations for obtaining education), in accordance with paragraph 10 of Art. 50 of the Law of the Russian Federation “On Education”, are issued by an authority related to the education system (PMPC).

The indication in Art. 18 of the Federal Law “On the Social Protection of Disabled Persons in the Russian Federation” that education for disabled children is provided by educational authorities together with social security and health authorities also separates this group of students from children with disabilities.

These inconsistencies, in my opinion, are caused by the lack of certainty in the question of the grounds for the need for special educational conditions. Should they belong to the field of medicine or the field of pedagogy? This issue is directly related to the mainstream approach to establishing disability.

The absence of a unified terminology in the Russian legislation on education leads to ambiguity in the question of the circle of subjects that have additional guarantees in the field of education. The criteria and procedure for assessing the educational opportunities of a child are not fixed in regulatory legal acts. This creates a danger of including in this group of persons those children who do not have deviations in mental health and mental abilities, but are lagging behind in development due to pedagogical neglect, improper fulfillment by the parents of the child of the duties of his upbringing and development. Such children are sent to special, correctional educational institutions for children with mental retardation, although with the availability of pedagogical support, special learning conditions, they could make up for the lack of knowledge in a general educational institution.

In para. 3 paragraph 10 of Art. 50 of the Law of the Russian Federation "On Education" mentions the conclusion of the psychological, medical and pedagogical commission as the basis for sending the child to a special (correctional) institution. However, the almost complete absence of a modern regulation of the process of such an assessment that meets the Constitution of the Russian Federation, international acts on human rights and Russian legislation on the rights of the child and his parents leads to negative results.

Not all children with disabilities are recognized as disabled. If chronic dysfunctions of the internal organs, according to experts, are insignificant, the disability of the child may not be established, even if there is some decrease in the ability to learn. Thus, the presence of any restrictions in the physical or mental health of a child does not always entail the establishment of a disability. At the same time, learning difficulties due to deviations in the state of health and development of such a child may occur. Therefore, the basis for establishing additional guarantees in the field of education should

be not a disability, but a need for special learning conditions ..

Basic guarantees in the field of education for children with disabilities should in principle be the same regardless of the definition of disability. The terminology related to the group of persons under consideration should be determined precisely in the legislation on education, since it allows determining the child's need for special education, primarily based on the psychological and pedagogical assessment of the child's characteristics. In connection with the problem under consideration, it should be noted that the concept of "a child with disabilities" is a general one.

Russian legislation needs a unified terminology in relation to the field of education of persons with disabilities, a clear definition in the legislative act of concepts relating to the circle of persons with special rights in the field of education.

To solve the terminological problem, it is proposed to introduce the concept of “persons entitled to special education” into the Russian legislation on education. Then, through the disclosure of the concepts of “special education”, “the right to special education”, “special conditions for obtaining education”, the legal status of these subjects will be determined.

Inclusive education is a relatively new term for Russian education specialists. He is still little known to the Russian system of legislation and the legal science of Russia. Draft legislative acts on special education propose to introduce the term “integrated education” into the category of normative definitions, denoting it as joint education of people with disabilities and people without such disabilities, by creating special conditions for education by people with disabilities.

Experience shows that some of the children drop out of any rigid educational system because the system is not ready to meet the individual learning needs of such children. You need to understand that it is not the children who fail, but the system that excludes the children. Inclusive approaches can support these children to learn and succeed, giving them chances and opportunities for a better life.

The introduction of integrated learning into pedagogical practice is ahead of the normative and legal consolidation of the relevant guarantees for the realization of the right to education. The introduction of the concepts of "special education", "the right to special education", "special educational conditions" into the legislation of the Russian Federation will create a more reliable mechanism for ensuring the education of children with disabilities without discrimination and in accordance with the generally recognized principles and norms of international law.

4. A child with disabilities as a subject of the right to education

The legislation on the education of persons with disabilities in the Russian Federation consists of documents of several levels:

- international(signed and ratified by the USSR or Russia);

- federal(Constitution, laws, codes (family, civil, etc.);

- government(decrees, orders);

- departmental(Ministries of Education of the USSR and the Russian Federation: orders, instructions, board decisions, letters);

- regional(government and departmental).

States Parties recognize the right of persons with disabilities to education. In order to realize this right without discrimination and on the basis of equality of opportunity, participating States shall ensure inclusive education at all levels and lifelong learning.

According to the Convention, education should be aimed at:

The development of mental and physical abilities to the fullest extent;

Ensuring that persons with disabilities can participate effectively in a free society;

Access of persons with disabilities to education in the places of their immediate residence, which ensures reasonable satisfaction of the needs of the person;

Providing effective measures of individual support in the general education system, facilitating the learning process;

Creation of conditions for the development of social skills;

Providing training and retraining of teachers.

Educational institutionsjointlywith the bodies of social protection of the population, health authorities provide pre-school, out-of-school upbringing and education of children with disabilities, the receipt by the disabled of secondary general education, secondary vocational and higher professional education in accordance with an individual rehabilitation program.

Among a wide range of subjects of the right to education, there are persons with a special legal status. One of these subjects are persons with disabilities, or children with developmental disabilities. The peculiarities in the legal regulation of their position in the field of education are caused by the need to secure guarantees for the realization of the right to education, to eliminate the situation in which they can actually be excluded from the education system and public life.

Russian legislation does not contain a single term for this group of citizens in the field of education. The existing terminological diversity in legislation, in pedagogical and legal science does not contribute to the definition of a unified approach to the system of guarantees in the field of education for such persons, puts in an unequal position persons with disabilities and persons who do not have disabilities, but who, due to their state of health and development needs, need to be provided such guarantees. To eliminate contradictions in the legislation and practice of its application, it is necessary to develop a single concept of a group of persons with special rights in the field of education.

The need to bring the main provisions of the Russian legislation in the field of education in line with generally recognized principles and norms relating to the social and legal status of children with disabilities and children with disabilities in obtaining education is obvious. In 2006, the UN General Assembly adopted the Convention on the Rights of Persons with Disabilities. The preparation of its ratification in the Russian Federation requires an assessment of the Russian legislation on education for compliance with its norms.

The problems of the legal status of children with disabilities in the field of education in modern Russian legal science have not yet been the subject of a multilateral study. Traditionally, such issues are referred to the sphere of social security law, within the framework of which the issues of social protection of persons with disabilities are studied. The legal mechanism for ensuring the accessibility of education for the category of children under consideration has not been fully defined, and even those legal norms that exist need to be improved.

Describing the specific legal status of persons with disabilities in the field of education, the Law of the Russian Federation "On Education" refers to special education, but does not define this concept. Some of its characteristics are included in those norms that relate to the education and upbringing of persons in this category. In pedagogical theory and practice, the concept of special education is widely used and is the subject of study of a separate area of ​​pedagogical knowledge - special pedagogy-defectology, correctional pedagogy and its branches: oligophrenic pedagogy, deaf pedagogy, typhlopedagogy, speech therapy, etc.

In connection with the study of the legal status of these persons in the field of education, there is a need to clarify the terminology, develop norms, for example, the concepts of "special education", "the right to special education". The conceptual and terminological discrepancy existing in the Russian legislation does not allow a clear and uniform definition of the circle of subjects who have the right to special education. An analysis of the norms of the Law of the Russian Federation “On Education” does not even allow us to give unambiguous answers to questions about whether special education is a right of a subject or his duty, what is the essence of the right to special education, etc.

The imperfection of the mechanism for ensuring the right to education of children with disabilities causes problems in the application of the norms of the legislation on education.

5. A single concept of a special federal state standard for children with disabilities: basic provisions.

Special federal state educational standards for children with disabilities should be considered as an integral part of the federal state standards of general education. This approach is consistent with the UN Declaration on the Rights of the Child and the Constitution of the Russian Federation, which guarantees all children the right to compulsory and free secondary education. By establishing federal state educational standards, the Constitution of Russia supports the development of various forms of education and self-education (Article 43 of the Constitution of the Russian Federation). A special educational standard should become the basic tool for the implementation of the constitutional rights to education of citizens with disabilities.

The specificity of the development of a special federal state standard of education is determined by the fact that children with disabilities can realize their potential only if training and education is started on time and adequately organized - meeting both those common with normally developing children and their special educational needs, given by the nature of their mental disorder. development.
The standards are based on the principle of agreement, consent and mutual obligations of the individual, family, society and state. The State Special Educational Standard is a regulatory legal act of the Russian Federation that establishes a system of norms and rules that are mandatory for execution in any educational institution where children with disabilities are educated and brought up.

Russia's ratification of international conventions testifies to a change in the perception of the state and society about the rights of a disabled child and the setting of the practical task of maximizing the coverage of education for all children with disabilities. The right of any child to receive an education that meets his needs and fully uses the possibilities of his development becomes legitimate, which entails the need for structural, functional, content and technological modernization of the country's educational system.

The rejection of the notion of "uneducated children", as well as the recognition by the state of the value of social and educational integration, necessitate the creation of an adequate tool for the innovative development of the country's educational system - a special standard for the education of children with disabilities. It is designed to guarantee the realization of the right of every child to an education that meets his needs and abilities, regardless of the region of residence, the severity of mental development disorders, the ability to master the qualification level of education and the type of educational institution.

The special federal state standard of general education developed for each category of children with disabilities should become a tool for the innovative development of the Russian educational system, allowing:

Maximize the coverage of children with disabilities with education that meets their abilities and needs;

To give the child the opportunity to realize in practice the Constitutional right to school education, regardless of the severity of the developmental disorder and the possibilities of mastering the qualification level, on the type of institution where he receives education;

To guarantee the child the satisfaction of common with ordinary children and special educational needs, to create optimal conditions for the realization of his rehabilitation potential;

To ensure in practice the possibility of choosing an education standard that is adequate to the child's abilities, meeting the family's wishes, and the recommendations of specialists, providing the family with a range of possible achievements of the child when choosing one or another version of the standard;
- ensure a comparable quality of education for children with disabilities throughout the Russian Federation;

Evolutionarily move from two parallel to a single national system, providing a mechanism for the interaction of general and special education and making the process of joint education of normally developing children and children with disabilities regulated;

To provide children with disabilities with an equal opportunity with other peers to freely move from one type of educational institution to another;
- create conditions and stimulate the modernization of special education in its structural, functional, content and technological aspects.

Thus, in the education of children with disabilities, the subject of standardization are:
-The final level of the result of school education;
-The results of education at each stage;
- The structure of the educational program;

Conditions for obtaining education.

6. Inclusive education for children with disabilities.

The idea of ​​inclusion was born within the framework of large-scale changes in the understanding of human rights, his dignity, identity, as well as the mechanisms of social and cultural processes that determine his status and affect the provision of his rights. The change in attitudes towards people with disabilities was just one of the manifestations of these changes.

Inclusive education is the first innovation in Russian educational practice, initiated by parents of disabled children and those teachers and psychologists who believe in its necessity not only for children with disabilities, but for education in general. It is important to emphasize once again that inclusive education in most European countries and in Russia is one of the first examples of the struggle of parents for the educational rights of their own children, a precedent for the behavior of parents as genuine subjects of the educational process.

It is no coincidence that the introduction of the concept of inclusive education by the Salamanca Declaration of Persons with Special Needs (1994) and the adoption of the UNESCO Declaration on Cultural Diversity (2001) are close in time of their appearance: both of these documents express not only the recognition of the heterogeneity of society and its culture, but and changing attitudes in society towards this diversity - awareness of its value, awareness of the value of differences between people.

The idea of ​​inclusion is based on the concept of "inclusive society". It means changing society and its institutions in such a way that they favor the inclusion of another person of a different race, religion, culture, a person with a disability. Moreover, such a change in institutions is expected so that this inclusion promotes the interests of all members of society, the growth of their ability to live independently, including persons with disabilities, ensuring the equality of their rights, etc.

Today, inclusive or inclusive education is the joint education of children with disabilities with normatively developing peers. Children with special educational needs in such practice will be able to grow and develop together with other children, attend regular educational institutions, and make friends in them. In general, live like all other children live. The idea is that in order to receive a quality education and psychological adaptation in society, children with special needs need to actively interact with other children. But such communication is no less important for those children who do not have any restrictions in their development or health. All this significantly enhances the role of inclusive, collaborative learning, which makes it possible to fundamentally expand the opportunities for the socialization of children with disabilities.

Today in Russia, inclusive education is developing in relation to children with disabilities. Such consideration of the idea of ​​inclusion in a certain way narrows the interpretation accepted throughout the world, and, consequently, the very concept of inclusive education. Such simplification gives rise to many contradictions between special and general education, leading to irreversible and destructive decisions associated with a systematic reduction in the number of correctional schools. Only their coexistence and mutual enrichment can provide the necessary variability in education for each child, and, as a result, the adequacy of the choice of the educational route. There is no doubt that without the support of correctional teachers, inclusion in general education will never become a qualitative and sustainable process of changing the educational conditions for children with special needs.

Inclusive education is focused on changing the general education itself, the conditions for teaching different children, taking into account their individual educational needs and opportunities.

According to statistics, every twentieth inhabitant of our country belongs to the category of disabled people. These include almost half a million children, in relation to whom, according to the Law of the Russian Federation “On Education” (clause 6, article 5), “the state is obliged to create conditions for citizens with developmental disabilities to receive education, correct developmental disorders and social adaptation based on special pedagogical approaches”. It should be noted that the number of children officially receiving disability benefits in our country is constantly increasing.

7. A stranger among his own ...

When a child with disabilities grows up, parents think about which school to send him to: a general education school or a special one. You can choose home-based education, when the teacher deals with the child individually, but this type of education is not available to everyone. There is another option - to send the child to a boarding school, but no matter how wonderful it may be, parents are not ready to leave the child there, believing that it is better for him to live at home. Although it is impossible to build a special school in every town, boarding schools are the most suitable option.

By law, parents have the right to choose where their child will study. But in most cases, the psychological-medical-pedagogical commission recommends that the disabled person study in a special school. There are reasons for this. Of course, many parents want their child to go to an ordinary school. Then from an early age he will learn to communicate with peers, in the future it will be easier for him to get along with people. And yet, when a disabled child enters a general education school, problems arise: teachers, like many others, do not know how to approach a child, they have no idea about the structure of his disability. The school is not adapted to the needs of children with disabilities: for those with vision problems, there is not enough lighting, there are no ramps for wheelchair users. Schoolchildren are not ready to accept a different person into their team. At best, the child will just sit quietly at the desk. Where is the knowledge? In special schools, the programs are “stretched”, professionals work there, so it is believed that it will be easier for a child with a disability to study there. In educational schools, a child with obvious disabilities is entirely the merit of parents who solve problems on their own. The position of teachers in this case is different: someone actively helps, someone clearly protests. But the main thing still remains the human factor: it all depends on how the class teacher, school director, teachers personally react to the appearance of a disabled child among the children.

Those young disabled people who have finished school, like many other graduates, want to continue their education in universities. But here, too, they face new difficulties. Until now, for example, those disabled people who managed to enter a university have difficulty getting to it and moving around inside the building with difficulty. Physical disabilities almost completely cancel travel in public transport.

At the same time, there are examples when fellow students help students with disabilities to move from classroom to classroom. Sometimes the administration of the university meets halfway and draws up a curriculum so that in a group where a disabled student studies, classes take place at least on one floor.

Many healthy people think: why should a disabled person go to a university at all? This is important for improving self-esteem. Even if it will be difficult for a graduate to find a job, education will help him to assert himself, the attitude of society towards a person with a higher education is completely different. In addition, people with disabilities will be able to help people like themselves, because they know all the problems from the inside.

According to research, in each individual higher education institution in the country, from 0% to 5.2% of students with disabilities study. Basically, there are no such students in universities, and the highest percentage was given by MSTU. Bauman. Since 1934, students with hearing impairments have been studying here. The Nizhny Novgorod Technical University, for example, provides retraining of young disabled people in the field of high technologies with subsequent employment. Many of them complete their master's programs and go on to graduate school. Nizhny Novgorod Pedagogical University successfully trains wheelchair users. All this suggests that a physical handicap should not prevent education. Disabled people have a desire to learn, but so far they cannot fully realize this opportunity.

8. State program of the Russian Federation "Accessible environment".

An important federal document in the field of education of children with disabilities isthe state program of the Russian Federation "Accessible Environment" for 2011 - 2015,approvedDecree of the Government of the Russian Federation of March 17, 2011 No. 175

Target indicators and indicators of the Program:

The share of general educational institutions in which a universal barrier-free environment has been created that allows for joint education of people with disabilities and people without developmental disabilities in the total number of general educational institutions.

The program determines that one of the priority areas of state policy should be the creation of conditions for providing children with disabilities, taking into account the peculiarities of their psychophysical development, equal access to quality education in general education and other educational institutions implementing educational programs of general education (ordinary educational institutions), and with taking into account the conclusions of the psychological and medical pedagogical commissions.

Decree of the President of the Russian Federation of June 1, 2012 No. 761 "On the National Strategy for Action in the Interests of Children for 2012-2017", which emphasizes that in the Russian Federation, in all cases, special and sufficient attention should be paid to children belonging to vulnerable categories . “It is necessary to develop and implement forms of work with such children that allow them to overcome their social exclusion and contribute to rehabilitation and full integration into society.” The Strategy provides for the legislative consolidation of legal mechanisms for the implementation of the right of children with disabilities and children with disabilities to be included in the existing educational environment at the level of preschool, general and vocational education (the right to inclusive education).

What needs to be changed in education to make it inclusive?

Understanding well that a mass school has limits on the changes allowed in it, intended for children of different children, I will name the main criteria for compliance:

availability and implementation in the country of relevant legislation that establishes the IO and the security of its economic basis

systemic transformations of the educational process, its organizational forms and values

availability of an individual support system and special educational conditions for needy children

Well-established system of early comprehensive care

the presence in schools of psychological and pedagogical support specialists, tutors.

6. IE will be able to achieve its goal only when it is implemented at all levels of education - from kindergarten to university.

In 2012, about 300 schools in Russia received financial support from the Ministry to create an inclusive educational environment. On average, there are about 5.5% of such schools in Russia today. In total, over the next few years, until 2015, it is planned to create conditions for unhindered access for disabled people to 20% of ordinary educational institutions .

Ministry of Education of Russiais focused on increasing the proportion of children with disabilities and children with disabilities who will be provided with conditions for receiving a quality general education, from a baseline of 30% to 71% in 2015.At the same time, it should be noted that more than half of children with disabilities study in the conditions of ordinary educational institutions. . According to 2011 data, about 35 thousand children in Russia do not receive education, including about 17 thousand children for health reasons. About 29,000 children with intellectual disabilities are actually isolated from society and education in orphanages-boarding schools of the social protection system. More than 44 thousand children study at home, being in difficult conditions of leaving home.

An inclusive approach to the education of children with disabilities was brought to life by the social order of society and the state and involves solving a number of issues related, in particular, to training personnel, changing society's attitude to the problem, legislative support for the adaptability and variability of services and conditions of a general educational institution. The solution of these problems largely depends on the territorial specifics of each region, due to evolutionary processes in general and special education, as well as on the available resources and experience in implementing an inclusive approach.

The systematic introduction of the practice of inclusive education in Russia is extremely slow and rather uneven.A school that has chosen for itself the path of implementing an inclusive process must first of all accept as its school culture the observance of the basic principles of inclusive education. There are eight of them:

The value of a person does not depend on his abilities and achievements.

Every person is capable of feeling and thinking

Everyone has the right to communicate and to be heard

All people need each other

Genuine education can only take place in the context of real relationships.

All people need the support and friendship of their peers.

For all learners, progress may be more about what they can do than what they cannot do.

Diversity enhances all aspects of human life

Today it has become clear that the school itself must change in order to become inclusive, focused on any child with any educational needs. This is a complex process that requires organizational, content, value changes. It is necessary to change not only the forms of organization of education, but also the ways of educational interaction of students. The tradition of school teaching as a transmission of knowledge should become a specially organized activity for the communication of participants in the training, for the joint search for new knowledge. The teacher's professional orientation towards the educational program must inevitably change to the ability to see the individual abilities of the student and the ability to adapt the curriculum. The professional position of escort specialists should be aimed at supporting the educational process, supporting the teacher in the classroom, helping the student in mastering the program material and ways of communicating with other children. Inclusive education involves a whole range of serious changes in the entire school system, in values, in understanding the role of teachers and parents, in pedagogy (pedagogical process) in general.

Under the conditions of inclusive practice, the professional functions and roles of school accompaniment specialists are changing in many respects - from specialists who previously worked individually with the child to those who can assist the teacher in the classroom and accompany the child in the process of joint educational interaction with other children.

Against the background of the development of inclusive processes, the role of parents in interaction with the school is changing. Their opinion sometimes becomes the most important factor for making administrative decisions. Under the influence of media activity, the attitude of parents of ordinary children towards joint learning is gradually changing. To a greater extent, parents of children with disabilities tend to see the main result and effect of inclusion in increasing the adaptive capacity of their child, expecting special conditions and individual support from the educational institution. Parents of ordinary children are most afraid of switching the attention of teachers to children with disabilities to the detriment of their children.

Parents who plan to teach their children in an inclusive school predict various difficulties that their child may encounter at school: mastering the educational material, adapting at school, learning at the same pace with their class, managing their behavior.

9. Implementation of the "Accessible Environment" program in the Leskensky municipal district.

The Leskensky municipal district is implementing the Accessible Environment long-term target program, which provides for the creation of a full-fledged barrier-free environment for disabled children, ensuring their right to education and full participation in public life.

The program provides for the creation of conditions for joint education of children with disabilities and children without developmental disabilities. This is one of the main guidelines of the "Accessible Environment" - so that children with disabilities do not differ in rights and opportunities from ordinary children. Integrated education in the system of general education will fully achieve this goal.

Within the framework of this program, ramps have already been installed in two schools in the Leskensky district - MKOU secondary school No. 1 in the rural settlement of Argudan and MKOU secondary school No. 1 in the rural settlement of Anzorey, wide entrance doors have been installed, cosmetic repairs have been made, equipment for massage and fitness rooms, furniture, interactive whiteboards , computers, etc.

Unfortunately, despite the seemingly significant base, the list of violations of the rights of children with disabilities and children with disabilities is quite large.

The main reasons for the violation of the rights of children with disabilities in the Russian Federation are:

Improper implementation of the current Russian legislation by state bodies and individual officials;

Imperfection of the legislative and regulatory framework governing the protection of children's rights in Russia;

Insufficient financial support for families with disabled people;

Insufficient understanding by society and the state of the existence of the problem of childhood disability and the importance of this category of Russian citizens.

To solve these problems, I consider it necessary:

Strengthening public control over the observance of the rights of children with disabilities and children with disabilities;

Improved judicial protection of their rights;

Financial support for families with children with disabilities and children with disabilities;

Ensuring more complete rehabilitation and social adaptation of disabled children;

Modernization of the education system in order to educate children with disabilities and children with disabilities in educational and special institutions at the place of residence in the conditions of living in a family.

Many countries of the world, including Russia, are striving to improve their social legislation in relation to people, especially children, with disabilities. Next to us are people who do not have access to all the joys of this world: their opportunities are limited by poor health, various diseases, in the fight against which society must always support them.

Unfortunately, Russia has not created a full-fledged infrastructure necessary for the free movement of people with disabilities of the musculoskeletal system, hearing or vision. For them, the vast majority of them are not adapted to the streets, public transport, sports or cultural facilities. And as a result, people are simply locked in their own homes, not having the physical ability to leave them. And - remaining alone with their unresolved problems. Among such problems are the lack of special medical equipment, difficulties in finding employment (for those who are able to work), and the meagerness of cash benefits. They have practically no opportunity for self-realization, and yet among them are many talented people who can and are willing to be useful to the best of their ability.

Of course, today we do not pretend to solve these problems, but to the best of our ability, we want to help such children. What is our task? We want to create a public organization to support children and youth with disabilities in the Leskensky municipal district. The creation of such a community will allow children to take part in various forums, competitions, where the principle of the grant system operates.

It is very important for me now to convey this idea to you: in no case do we want to hurt or offend anyone with a careless word. We want to meet more often, communicate, share impressions. We want to organize and hold various events for them. I hope that with your support we will be able to achieve our goals.

I would like to note with pleasure that the head of the district Afaunov Aslan Martynovich fully supports the idea of ​​creating a public organization "Society of Disabled Children" and promises any help and assistance. He identified working with children with disabilities as one of the most important priorities in his work.

Today in our district there are 105 children and about 2000 adults with disabilities. And for each of them we want to find a key.

CONCLUSION

Children are the future of our country. Attitude towards children most accurately determines the state and level of development of society. Today it has become obvious that the state of the family and childhood reflects a deep crisis in the organization of society. According to a number of indicators, the situation of children is constantly deteriorating. Massive violations of the constitutional rights of children with disabilities and children with disabilities are of particular concern.

The problems of the legal mechanism for the implementation of the right to education of children with disabilities are relevant for Russia. This is connected both with the global trend of expanding the concept of accessibility of various social services (including education) for special groups of the population, and with the real situation of people with disabilities in our country.

Russian legislation establishes the main guarantees for the realization of the right to education for children and adolescents with disabilities (developmental disabilities). According to the Constitution of the Russian Federation and the Law of the Russian Federation "On Education", the availability and free of charge of preschool general and primary vocational education is guaranteed to everyone. At the same time, a number of children with disabilities do not receive education. One of the reasons for this situation is the insufficient development in the Russian legislation of the mechanism of legal support for the realization of the right to education.

The absence of such norms in the federal legislation can be partly compensated for by laws and other regulatory legal acts of the constituent entities of the Russian Federation. Such acts are adopted in various subjects of the federation. Legislative acts have been adopted in a number of regions of Russia, including norms on special education and integrated education. Education authorities are gaining experience in providing additional guarantees for children with disabilities at the municipal level.

It is the legislation on education of the Russian Federation that should contain the norms that secure the guarantees of equality and the actual general accessibility of education for all citizens, the norms that define the basic concepts related to special education.

In Russia, to date, there has not been a practice of regulating special education in legislative acts. There is no separate law on special education or a corresponding section in the legislation on education in Russia. The norms that regulate special education are mainly contained in by-laws. The established traditions of legal regulation in this area, apparently, are one of the reasons why the federal law on the education of persons with disabilities has not yet been adopted. However, the improvement of legislation in the field of education of children with disabilities is urgently needed.

Describing the specific legal status of persons with disabilities in the field of education, the Law of the Russian Federation "On Education" refers to special education, but does not define this concept.

Thanks to the active discussion of the problem of educating disabled children in Russia, the government of the Russian Federation adopted a number of laws, regulations on protecting the rights of disabled people and improving their lives, signed the UN Convention on the Rights of Persons with Disabilities, i.e. the state began to form a legislative and regulatory framework to improve the lives of people with disabilities, including special inclusive education, which is aimed at helping disabled children adapt to modern living conditions, in addition, the introduction of this form of education should change public opinion on the perception of people with disabilities as dangerous, limited, "superfluous" people.

In some oblasts, an inclusive education system has been introduced as an experiment in a certain number of schools. This is of course an important step in the development and implementation of this system, but I would like to note:

1. The number of regions included in the experiment is not enough, at the same time, there are a large number of disabled children throughout Russia, including in remote areas, towns, villages.

2. The model for introducing inclusive education is experimental. Taking into account the fact that the problem of educating children with disabilities has been discussed since the 90s, we can talk about the slow introduction of this type of education, and one of the reasons for this is insufficient funding, allocation of funds for the re-equipment of children's institutions in accordance with the needs of children with disabilities, retraining of teaching staff, development of methods, etc.

In my opinion, the state should pay more attention to the problem of teaching children with disabilities, because these children should have equal rights with healthy children, because among them there are also capable children in studies, talented, gifted, but not able to “join” social life on their own.

Bibliography:

The Constitution of the R.F.

Education Act"

Zamsky H.S. Mentally retarded children. The history of their study, education and training from ancient times to the middle of the 20th century. M.: Education, 1995.

Convention on the Rights of the Child.

5. Convention on the Rights of Persons with Disabilities. Adopted by resolution 61/106 of the UN General Assembly on December 13, 2006 //http:// www. un. org/ Russian/ disabilities/ convention/ disabilitiesconv. pdf

6. E.V.Issues of education of children with disabilities: the experience of correctional and integration schools. M., 2006.

7. Kovalevsky A. Ensuring access to education for children with disabilities in Russia. M .: Pedagogy, 1990. - p. 184

8. The right to education of a child with disabilities in the Russian Federation and abroad: monograph / E.Yu. Shinkareva. Arkhangelsk. – 2009.

9. Draft federal law "On the education of persons with disabilities (special education)" //http:// www. akdi. en/ gd/ PROEKTgd02. htm# 079252.

RIGHTS OF CHILDREN_ WITH DISABILITIES AND CHILDREN WITH LIMITED OPPORTUNITIES IN EDUCATION

Azhokov Astemir Khachimovich

Scientific adviser Irina Arsenovna Guatizheva

Leskensky municipal district, MKOU "Secondary School No. 1" with. Anzorey

Abstracts for work:

Strengthening public control over the observance of the rights of children with disabilities and children with disabilities

Improving judicial protection of their rights

Financial support for families with children with disabilities and children with disabilities

Ensuring more complete rehabilitation and social adaptation of children with disabilities

Modernization of the education system in order to educate children with disabilities and children withdisabilities in educational and special institutions at the place of residence in the conditions of living in a family

Implementation of the "Accessible Environment" program in the Leskensky municipal district.

Study rooms

Wellness rooms

An individual rehabilitation program for children with disabilities provides for secondary education. Based on the intellectual capabilities of the child, the program may provide for higher education. Sick children have the right to education. This is enshrined in the Constitution of the Russian Federation (Article 43). Education of disabled children is carried out in general education schools, special correctional educational institutions, at home: by distance learning or through family education. Children with disabilities are also given the right to study at music and art schools free of charge.

In order to receive special education, disabled people are provided with benefits for admission to vocational schools, technical schools, and higher educational institutions. The only but significant limitation for the education of disabled children is the state of health. According to the conclusion of the medical psychiatric and pedagogical examination, disabled children are assigned to specialized educational institutions for the education of children with the following disabilities:

• vision;
• Hearing;
• speeches;
• motor activity.

With existing intellectual development disorders, it is provided for the training of disabled children in a special boarding school according to a special methodology by specially trained teachers.

One way or another, not a single childhood invalid can be left without education, regardless of the nature of the disease.

Teaching children with disabilities at school

Secondary educational institutions do not have the right to refuse admission to children with disabilities, however, schools are not required to create special conditions for students with disabilities. Teachers do not develop special curricula, do not involve specialists in the process of teaching disabled children at school: speech pathologists, speech therapists, massage therapists, etc. Private schools have the right to accept disabled people, but are not required to do so.

Disabled children who do not suffer from mental retardation, as a rule, do not have problems with the assimilation of school material. At the forefront for such students is the problem of communication with peers. Child psychology is significantly different from adult psychology; students can “organize” unbearable conditions for a disabled person, not only in terms of education, but also in life. Meanwhile, the management of a secondary general educational institution is not able to create favorable conditions for children with disabilities. The staff of a secondary school does not provide for the work of a psychologist, whose direct responsibility is to create the necessary microclimate in the team.

Similar conditions have been created in correctional schools, in which the child is sent only with the consent of the parents.

Homeschooling for disabled children

In cases where parents do not want their child to study in a correctional or general education school, it is possible to receive secondary education at home.

There are two forms of teaching for homeschooling children with disabilities:

• Family;
• Home.

Family education does not involve the participation of teachers from the general school in the educational process. Parents are involved in the education of the child: independently or with the involvement of teachers. In this case, the family is paid monetary compensation, including the costs of education and upbringing. If, by decision of the commission, the child needs to study at a correctional school, the amount of compensation increases in accordance with existing standards. An agreement is concluded between parents and the school, which provides for an intermediate assessment of knowledge. In case of negative results, the contract is terminated and the compensation is refundable.

The home-based form of education for disabled children provides for payments for two hot meals a day, the work of attached school teachers is paid by the state. Teachers also conduct classes with the child at home and conduct certification, during which there are final exams in certain subjects.

A child, studying at home, receives a complete education, the level of which does not differ from the general one.

Distance learning for children with disabilities

There are several distance learning models for teaching people with disabilities from childhood:

• Center for Distance Learning. Classes are conducted by full-time teachers;
• Methodological support of teaching at the place of residence;
• Development of a training program for children with disabilities by several educational institutions.

The educational and methodological complex of distance technologies is compiled taking into account the plan of the school and the programs of subjects in individual disciplines. All information is in the public domain for both students and parents, as well as for teachers. For this purpose, sets of electronic resources have been developed.

Distance learning for disabled children provides for constant communication between the teacher and the student, regardless of the distance between them. The use of multiple means of communication contributes to academic achievement. A child with a disability has the opportunity at any time to ask a question to the teacher and get an exhaustive answer to it.

An important achievement of distance learning is the ability to connect several children with disabilities to conduct lessons online. A child with disabilities does not feel alone and learns to work in a team. Knowledge certification, according to individual training programs for disabled children, is carried out using electronic knowledge control, which practically eliminates the subjectivity of assessments. At the same time, disabled children receive skills in working with a personal computer and master new information technologies.

Attestation of knowledge in teaching children with disabilities

Control work is carried out according to the schedule approved by the head of the training center. Face-to-face interaction mode is provided with the help of special computer programs. The student sets up the camera so that the teacher can see the workplace. This mode completely excludes the use of prompts, both verbal and written.

Students with a low pace of work perform control work in several stages. Teachers do not have the right to escalate the situation by exaggerating the importance of passing certification.

Entrance examinations to secondary technical and higher educational institutions for the disabled are held under special conditions. Applicants are given additional time for preparation within one and a half hours, regardless of the form of passing the exam: written or oral. Education of disabled children in higher and secondary technical educational institutions is also carried out according to individual programs, taking into account the recommendations of doctors, psychologists and social workers.

Disability is determined not by the state of health, but by the degree of restriction to labor activity. Modern technologies allow children with disabilities to receive the necessary education and become full members of society.

The task of parents is to educate and protect their children. The child himself is not always able to act correctly in difficult situations and defend his rights. When it comes to schoolchildren, the responsibility to uphold the fundamental rights of the child falls not only on parents, but also on the educational institution.

Regulations

The basic rights of the child at school are regulated by the laws “On Education” and “On the Protection of the Rights of the Child”. Naturally, each educational institution has its own charter. Such a statute may spell out what rights a child has when studying specifically in this institution, as well as what his duties as a student are. When creating the charter of the school, it is necessary to adhere to the Constitution and the laws of the state.

How does a child learn about their rights?

To acquaint the student with his rights is the task of the educational institution, but the participation of parents is also mandatory. If, after the thematic class hours, the student does not understand something, the father or mother should be able to answer all questions.

Classroom and related activities that explain what rights a child has can start as early as elementary school. In the fourth or fifth grade, children are able to adequately perceive information of this kind. For the purpose of familiarization, the charter of the school must be posted for public viewing.

Basic rights of a child attending a general educational institution

• Independently choose the school in which he wants to study.
• Get a free complete secondary education (11 classes).
• The right to transfer to another school with his consent and with the consent of his parents, regardless of the direction of the school and even during the academic year.
• Study in conditions that do not threaten his personal safety.
• Optionally attend additional classes, sections and circles.
• The right to receive knowledge from teachers.
• Respect and an unbiased attitude towards the child on the part of teachers and other school employees must be ensured.
• Attending school events (concerts, excursions).
• Voluntarily and only at his own request, the student can help in the improvement of the educational institution.
• Get books from the school library.
• If necessary, get the help of a school psychologist.
• If such a desire or need arose, students can study a certain subject in an accelerated program.

Sometimes there are difficulties in realizing the rights of students. For example, when transferring from one school to another, they require the end of the school year or the consent of the director, subbotniks organized to improve the territory of the school are presented as mandatory events. The underfunding of schools has also caused free education to become shareware. Library funds do not provide all students with the necessary textbooks, and parents are forced to buy them with their own money. All this is nothing but a violation of the rights of the child at school.

Student Responsibilities

• Take care of school property, furniture, educational literature.
• Attend classes regularly as scheduled.
• Adhere to school rules. Comply with school rules.
• Be kind to other students, teachers, and school staff. Respect their dignity and honor.
• Comply with the requirements of the administration of the educational institution within its statute.

The task of parents at this stage is to convey to the child the importance of complying with the rules and norms of the school charter.

By conscientiously fulfilling his duties within the school, the student can hope that his rights will also be respected.

In what forms can a violation of the rights of a student be expressed?

Within the walls of an educational institution, students may face physical or psychological abuse. This is a violation of the rights of the child at school. Parents should be interested in the school life of the student, only then it becomes possible to prevent the occurrence of such problems or eliminate them in time.

The rights of a child in school can be violated through the use of physical violence against him. The school must control the behavior of children on its territory during the educational process and extracurricular activities, since it is primarily responsible for the life and health of students. Sometimes schoolchildren are faced with the use of physical force by teachers for the so-called educational purposes.

Psychological abuse of a child is a more vague and vague concept. Its most common manifestations can be excessive demands, threats against the child, unreasonable criticism, and a demonstration of a negative attitude.

One of the pressing issues is the issue of religion. The school has no right to impose one or another religious views on one of its students. If an educational institution openly declares its belonging to a particular religion, conducts or participates in religious events, collects donations for religious organizations - these are all illegal actions that require immediate intervention.

One of the manifestations of psychological violence can be gender discrimination. These are the cases when children are divided by gender when performing any tasks or assignments. For example, a boy may feel oppressed if only boys are unreasonably left on duty, while girls are allowed to go home.

Both physical and moral pressure equally negatively affect schoolchildren. Sometimes the destructive psychological impact on the part of classmates or teachers may be implicit, but it can also affect the mood, well-being and academic performance of the child.

Protection of the rights of the child at school. What to do to parents

All moms and dads hope that while their child is in school, it is completely safe. But what to do if, nevertheless, there is a violation of the rights of the child and an unlawful physical or psychological influence is exercised on him?

If the incident does not have serious consequences, it is enough to clarify all the points with the child, the class teacher, and all participants in the events. At the same time, it is necessary to find out the cause of the controversial situation that has arisen and draw up a plan of behavior for the future in order to exclude a repetition of this.

When you are dealing with serious incidents or recurring events that affect the physical or psychological well-being of the child, serious measures must be taken here. The first thing to do is to undergo a medical examination, in the case of physical abuse of a schoolchild, and an examination by a child psychologist, if it is a question of moral pressure. Next, you need to identify witnesses to the event, which in the future will help to clarify all the controversial points.

The head of the school should be aware of the incident. It is better if the parents write a formal request addressed to him. The director as soon as possible should get acquainted with the details of the incident and help in resolving the issue.

If the proceedings at the local level do not bring results, parents have the right to apply to the police, the prosecutor's office or the court in order to protect the rights of the child at school with their help.

Sometimes, as an alternative to resolving the issue in case of recurring incidents, it is possible to transfer the child to another school.

Rights of children with disabilities

What are the rights of a disabled child in school? Do children with disabilities and physical defects have the opportunity to attend a general education institution? What can limit the rights of the child at school?

Russia is a country where disabled children have the right to complete secondary education at school if there are no medical contraindications. There can be no restrictions on the part of the educational institution for such children.

Naturally, for the education of children with disabilities, sometimes it is necessary to create special organizational and technical conditions.

A child with a disability has the right to:

• priority enrollment in an educational institution when submitting a standard package of documents;
• free choice of a school that is more suitable for training according to its territorial location or recommended by medical and pedagogical expertise;
• expulsion in case of inability to master the school course for health reasons or violation of the school charter;
• obligatory participation of the Commission on juvenile affairs in matters of expulsion from school and selection of a new educational institution.

How does a child with a disability pass the Unified State Exam

When passing the exam, children with disabilities have some privileges. There are cases when the passage of exams may be prohibited by medical and pedagogical expertise. Then the student receives a certificate or certificate of secondary education without passing the exam.

Also, a child with a disability has the right to some concessions in the process of passing the test. This may include extra time to complete assignments, the opportunity to take necessary medications, or a break from the assessment process.

Ensuring the protection of the rights of orphans in educational institutions

Children left without parental care are the most vulnerable category, but they, like everyone else, have the right to education. This is dictated by the law "On Education in the Russian Federation".

It is the task of the state to control the receipt of high-quality secondary education by orphans. To this end, constant work is underway to improve the conditions for their education.

Orphans who do not have the care of other relatives receive their secondary education in specialized boarding schools. The administration of such educational institutions is obliged to ensure:

• observance of a full and continuous pedagogical process;
• the possibility of regular attendance of classes by students;
• availability of all necessary educational literature and manuals;
• a favorable psychological climate in the team and a positive relationship between pupils and teachers;
• the opportunity for each student to receive qualified assistance in problem situations.

Control over the observance of the rights and freedoms of orphans in educational institutions is provided by state monitoring.

What can be said in conclusion

The rights of the child at school and their protection is undoubtedly an important issue that requires attention. This should be understood by both parents and representatives of the educational institution. Local governments are also obliged to ensure that the rights of the child in elementary school and high school are guaranteed to be protected.

The education of the disabled is an accessible means of development, adaptation of persons with health problems on the basis of preferential conditions provided by the legislator. Education for the disabled is organized by government agencies, provided by legislative acts (), suggests options for the implementation of such a right. The training of disabled people is provided for both in the general education program and when citizens with disabilities receive higher professional education.

Right to education

Whether determined to have a disability, veteran status, or other rank that distinguishes the individual, the subject is provided with the opportunity to receive vocational education, as well as being required to attend preschool and school education programs. The establishment of any deviations in a person cannot be a reason for the abolition of such a right.

A disabled person, according to, is a person with diseases, injuries, leading to limited life activity and self-satisfaction of needs. Therefore, such persons require a special approach, the provision of separate conditions for them in the exercise of the rights provided for by law, in particular to receive education.

First of all, the right to distance learning for people with disabilities, education at school or at home, under other conditions, is enshrined in the international act "Convention on the Rights of Persons with Disabilities", which must comply with the norms of federal legislation. This pact includes the following provisions regarding the education of persons with disabilities:

• it is unacceptable to exclude a disabled person due to deviations from the education system;
• providing access to free general education, as well as secondary and higher education at the place of residence;
• organization of conditions that would make learning comfortable according to the individual needs of a disabled person;
• support for a disabled group of people at all stages of education;
• organization of an environment that would help a disabled person in obtaining knowledge (home conditions, special institutions, distance learning, correspondence mode, and so on).

The general principles for the implementation of the institution under consideration apply to every person who has received a group disability, regardless of whether they are adults with disabilities or children with disabilities.

Based on international principles, (Article 19) forms directions in the provision of education for people with disabilities:

• providing conditions for the use of rights by persons with disabilities on an equal basis with other citizens in terms of education;
• promotion of personality development, adaptation, rehabilitation, especially when teaching disabled children;
• integration of persons with disabilities into society, development of social, communication opportunities.

The presence of restrictions for this category of the population during the period of training is considered a direct violation of constitutional rights, which is unacceptable and allows people with disabilities to apply to authorized bodies to protect their own interests.

Types of educational programs

In Russia, the situation of citizens with disabilities, without taking into account a specific group, the severity of the acquired disease, is equated to the general one for the rest of the population. A limited range of opportunities due to health deviations should be compensated not by a person, but by the state. One of such activities is the organization of educational programs for the disabled.

A disabled person has the opportunity to freely receive education. A child may first be a preschooler, attend kindergarten like other children, then go to school or a specialized institution, and then enter a university. From this, the following areas of education are derived:

1. Preschool education. The availability of this option cannot be limited. have the right to attend necessary home activities or attend schools.
2. General educational processes. This is where schooling comes into play. For some children, it is possible to organize either a home program or visits to schools, including those that determine the specifics of working with people with disabilities.
3. Secondary education. Access to technical schools and colleges is not limited. A teenager can choose what is appropriate if possible.
4. Professional education. Universities accept disabled people for study and provide. For example, the passage of training for free or the abolition of entrance examinations.

In addition, even with a disability, a person can undergo additional types of education, improve professional skills, study at a driving school, and the like.

Ensuring the educational right of a disabled child at school and other institutions is carried out by state bodies responsible for the development of special programs aimed at the adaptation of children and the realization of their abilities. Social protection bodies are also involved, which directly provide conditions for the upbringing and development of children. The same principle applies to the education of adults with disabilities.

When exercising the right under consideration, the following question is determined: how is the education of a disabled child paid for at home, at school, university and other institutions? In most cases, preferential programs provide both free education and the organization of special conditions for education.

Forms of realization of the right

Curricula for the disabled category of citizens are developed separately by authorized bodies, taking into account the specifics of the condition of such persons, the characteristics of each group and the child's personality. In order to use a particular form, a number of conditions must be established.

According to general rules, a disabled child can study in ordinary schools, not be included in a specialized class, which is more conducive to socialization, enter a university and prepare for exams, like other children. However, special cases are established when the use of special forms of organizing the training of such citizens is required. These include homeschooling, distance learning, institutional visits, and a family education program.

The first option is to let the child study at home. It is important here to establish one of the types of diseases provided for. According to the specified act, education of disabled children at home is possible with the following diseases:

• malignant neoplasm;
• disease of the blood, endocrine system, immune mechanisms;
• mental disorders;
• eye disease;
• disease of the circulatory, nervous system, respiratory and digestive organs;
• disease of the skin, connective, musculoskeletal tissues;
• violation of the genitourinary mechanism;
• consequences of severe injuries.

This option not only eliminates the need to attend school, but also involves distance learning for children with disabilities at home.

The second option is remote or distance learning for disabled children. Such a methodical approach helps wheelchair users, injured people, and other non-moving persons to receive general and higher education. Moreover, the form of education at the university can be both full-time and part-time.

The third option is specialized institutions. Such organizations form correctional, computer, and other special classes aimed at individualizing the problems of students and adapted exclusively for children with disabilities. It is also supposed to train those who have received serious illnesses, are limited in their abilities and are not able to study together with healthy people.

Another option is family education. This type is included in

Lead section
Head of RMPK
Shilova Tatyana Grigorievna
teacher - defectologist
Trembach Irina Alexandrovna
educational psychologist
Valiakhmetova Elena Ramilyevna

11.02.2014

Realization of the right to education of people with disabilities and people with disabilities is traditionally one of the most important aspects of state policy in the field of education.

The legal framework in the field of education of children with disabilities in the Russian Federation consists of several levels of documents:

• international(signed by the USSR or the Russian Federation);
• federal(Constitution, laws, codes - family, civil, etc.);
• government(decrees, orders);
• departmental(Ministry of Education);
• regional(government and departmental).

International Documents

International legislation in the field of securing the right of children with disabilities to receive education has more than half a century of development history.

One of the first special international acts that addressed the issue of observance of individual rights, which include the right to education, is Universal Declaration of Human Rights dated December 10, 1948, which became the basis for other international legal instruments in the field of protection of individual rights. The Declaration proclaimed both social, economic and cultural rights, as well as political and civil rights. The Declaration contains a historical provision in Article 1:

"All human beings are born free and equal in dignity and rights."

The most significant international document in the field of protection of the rights of persons with disabilities is Convention on the Rights of Persons with Disabilities(adopted by General Assembly resolution 61/106 of 13 December 2006). Article 24 of the Convention states: “Participating States recognize the right of persons with disabilities to education. In order to realize this right without discrimination and on the basis of equality of opportunity, participating States shall ensure inclusive education at all levels and lifelong learning.”

According to the Convention on the Rights of Persons with Disabilities education should be directed to:

development of mental and physical abilities to the fullest extent;

• ensuring that persons with disabilities can participate effectively in the life of a free society;

· access of persons with disabilities to education in the places of their immediate residence, which ensures reasonable satisfaction of the needs of the person;

· providing effective measures of individual support in the general education system, facilitating the learning process;

creation of conditions for the development of social skills;

Providing training and retraining of teachers.

According to Federal Law of the Russian Federation of May 3, 2012 N 46-FZ "On Ratification of the Convention on the Rights of Persons with Disabilities" Russia has ratified the Convention on the Rights of Persons with Disabilities and assumed obligations to include all of the above provisions in the legal norms governing legal relations in the field of education, including the definition of "inclusive education" and the mechanisms for its implementation.

Federal Documents

A comparative legal analysis of the provisions of the Convention on the Rights of Persons with Disabilities and the norms of Russian legislation showed that, in general, there are no fundamental contradictions between the norms.

Article 43 of the Constitution of the Russian Federation proclaims the right of everyone to education. The principle of equality. The state guarantees citizens the general availability and free of charge of general and primary vocational education.

In turn, parents are given the right to choose the forms of education, educational institutions, protect the legal rights and interests of the child, and take part in the management of the educational institution. These rights are enshrined in the Family Code of the Russian Federation and the Law "On Education".

The main federal law that defines the principles of state policy in the field of education is Federal Law "On Education in the Russian Federation" No. 273-FZ of December 29, 2012. This Law came into force on September 1, 2013. The law regulates the issues of education of persons with disabilities and contains a number of articles (for example, 42, 55, 59, 79) that establish the right of children with disabilities, including children with disabilities, to receive a quality education in accordance with the available their needs and opportunities. The law establishes the general accessibility of education, the adaptability of the education system to the levels and characteristics of the development and training of students and pupils. Article 42 guarantees the provision of psychological, pedagogical, medical and social assistance to students experiencing difficulties in mastering basic general education programs, development and social adaptation. Article 79 establishes the conditions for organizing education for students with disabilities.

The main provisions and concepts enshrined in the new law "On Education in the Russian Federation" in terms of the education of children with disabilities:

Student with disabilities- an individual who has deficiencies in physical and (or) psychological development, confirmed by the psychological-medical-pedagogical commission and preventing education without creating special conditions.

Individual curriculum- a curriculum that ensures the development of an educational program based on the individualization of its content, taking into account the characteristics and educational needs of a particular student;

Inclusive education- ensuring equal access to education for all students, taking into account the diversity of special educational needs and individual opportunities;

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

Special conditions for education of students with disabilities- conditions for the training, education and development of such students, including the use of special educational programs and methods of training and education, special textbooks, teaching aids and didactic materials, special technical training aids for collective and individual use, the provision of assistant (assistant) services that provide students necessary technical assistance, conducting group and individual remedial classes, providing access to the buildings of organizations engaged in educational activities, and other conditions without which it is impossible or difficult for students with disabilities to master educational programs.

Federal Law "On Social Protection of Disabled Persons in the Russian Federation" establishes guarantees for the education of children with disabilities.

The recognition of a person as a disabled person is carried out by the federal institution of medical and social expertise. The procedure and conditions for recognizing a person as disabled are established by the Government of the Russian Federation.

Art. 18 determines that educational institutions, together with the social protection authorities of the population and health authorities, provide pre-school, out-of-school upbringing and education of disabled children, the receipt of secondary general education, secondary vocational and higher professional education by the disabled in accordance with the individual rehabilitation program for the disabled. Disabled children of preschool age are provided with the necessary rehabilitation measures and conditions are created for staying in general preschool institutions. For disabled children whose state of health excludes the possibility of their stay in preschool institutions of a general type, special preschool institutions are being created.

If it is impossible to carry out the upbringing and education of disabled children in general or special preschool and general educational institutions, the educational authorities and educational institutions provide, with the consent of their parents, the education of disabled children according to a full general educational or individual program at home. The procedure for the upbringing and education of disabled children at home, as well as the amount of compensation for the expenses of parents for these purposes, are determined by laws and other regulations of the constituent entities of the Russian Federation and are expenditure obligations of the budgets of the constituent entities of the Russian Federation. The upbringing and education of disabled children in preschool and general education institutions is an expense obligation of a constituent entity of the Russian Federation.

The right of all disabled people to study both in general educational institutions and in special educational institutions is established in accordance with an individual program for the rehabilitation of a disabled person.

Despite the absence of an official definition of inclusive education at the federal level, Russian legislation defines its general legal framework and does not prevent the education of children with special educational needs in preschool and general education institutions, which is generally consistent with the convention.

This was further emphasized article 10 of the Law of the Russian Federation “On the Basic Guarantees of the Rights of the Child in the Russian Federation” dated July 24, 1998 No. 124-FZ:

“A child from birth owns and is guaranteed by the state the rights and freedoms of a person and a citizen in accordance with the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, this Federal Law, the Family Code of the Russian Federation and other regulatory legal acts of the Russian Federation.”

In accordance with the Federal Law of June 30, 2007 No. 120-FZ “On Amendments to Certain Legislative Acts of the Russian Federation on the Issue of Citizens with Disabilities”, the words “with developmental disabilities” used in regulatory legal acts are replaced by the words “with limited health capabilities”, that is, those with deficiencies in physical and (or) mental development.

National educational initiative "Our new school"(approved by the President of the Russian Federation D.A. Medvedev on February 04, 2010, Pr-271). It formulated the basic principle of inclusive education:

The new school is a school for everyone. Any school will ensure the successful socialization of children with disabilities, children with disabilities, children left without parental care, who are in a difficult life situation.

In every educational institution, a universal barrier-free environment should be created to ensure the full integration of children with disabilities.

The document provided for the development and adoption of a five-year state program "Accessible Environment", aimed at resolving this problem.

The Strategy for Action for Children recognizes social exclusion of vulnerable categories of children (orphans and children left without parental care, disabled children and children in a socially dangerous situation) and sets the following tasks:

Legislative consolidation of legal mechanisms for the implementation of the right of children with disabilities and children with disabilities to be included in the existing educational environment at the level of preschool, general and vocational education (the right to inclusive education);

Ensuring the provision of high-quality psychological and correctional-pedagogical assistance to children in educational institutions;

Legal regulation of the procedure for financing the costs necessary for targeted support of inclusive education and social security for children with disabilities and children with disabilities.

Implementation of an effective mechanism for combating discrimination in the field of education for children with disabilities and children with disabilities in case of violation of their right to inclusive education;

Revision of criteria for determining disability for children;

Reforming the system of medical and social expertise, meaning staffing it with qualified personnel necessary to develop a full-fledged individual program for the rehabilitation of a child, creating a mechanism for interdepartmental interaction between the bureau of medical and social expertise and psychological, medical and pedagogical commissions;

Introduction of modern methods of complex rehabilitation of disabled children.

The information was prepared by social educators of the RMPK: N.V. Mikhailova, T. G. Shilova.