Legal training and education of children with disabilities. Raising children with disabilities. List of used sources and literature

Human compassion has always helped disabled people to somehow make their life easier. At the moment, this function is entrusted to the state.

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The adoption of new laws aimed at supporting children with disabilities is now quite relevant.

The possibility of receiving education for children with disabilities in 2020 was adjusted by the state, bringing new opportunities to this vulnerable segment of society.

What you need to know

Disabled - this term makes us feel sorry for a disabled person who does not have access to all the joys of everyday life.

We sympathize with a person who moves in a wheelchair, with a cane or has other serious pathologies. We live life to the fullest and believe that this fate will never touch us.

But the disease can enter our life with you, and we will not be able to change anything. We find ourselves on the other side of the life we ​​are used to.

Required terms

A person who has suffered a serious injury or illness, the first thing he hears from doctors is “You have become disabled.”

The reasons for establishing disability are as follows:

• persistent loss of ability to work, forcing the patient to leave work for an extended period of time;
• forced, significant change in working conditions;
• limitation of life activity, which does not allow a person to serve himself;
• the need to implement individual social protection measures.

A person is recognized as disabled after passing. ITU studies the conclusions of doctors of various specializations about the physical and mental state of the patient.

The classification of persons with disabilities and the criteria for their evaluation are established by the Ministry of Health.

The degree of dysfunction of the patient's body affects the disability group, and citizens under the age of sixteen are classified as "children with disabilities". ITU are held at the place of residence.

If the patient, for health reasons, cannot independently come to undergo the MSE, then the examination of the patient and the conclusion is carried out:

• at the patient's home;
• in absentia on the basis of documents that are provided with the consent of the patient or his representative;
• in the hospital where the patient is being treated.

The legislative framework

Now, the following can enter a higher institution without a queue for a bachelor and a specialist within the quota:

• disabled since childhood;
• disabled I and ;
• disabled children;
• persons who received a disability during military service.

The legislative act provides for the allocation of a quota, while the conclusion of the ITU is not needed.

At the legislative level, disabled children have the right to education. All subjects of the Russian Federation fall under the scope of this law.

Conditions for the development of distance education for children with disabilities

In 2020, the Ministry of Education continues to make changes that are designed to improve remote education for children with disabilities.

In Russia, it is planned to gradually create conditions for remote learning of disabled people.

With this form of education, it is possible, in addition to general subjects, to receive additional education for children.

The main goal of such training is to create conditions for the formation of high-quality education for a disabled child, taking into account his hobbies and preferences, using the Internet.

You can study remotely:

1. Houses.
2. remotely.

Process organization options

At the moment in Russia, in addition to the lack of proper education for people with disabilities, the child faces the following problems:

1. Lack of communication with peers and adults.
2. Disruption of communication with the environment.
3. Restriction of access to information technologies.
4. Lack of communication with the values ​​of culture and nature.

Children with disabilities experience:

• low self-esteem;
• they have self-doubt;
• it is difficult for them to understand and choose their life goal.

All this leads to a slow process of integration of children with disabilities. The availability of distance education and home learning will help solve these problems.

at home

When a child with a disability cannot attend school on a regular basis, he can study at home. Such a decision can be made by the competent local authorities.

To do this, parents need to submit a number of documents:

• application for the need to study the baby at home;
• ITU opinion on the need for a child with a disability to study at home due to his state of health.

Parents need to conclude an agreement with the school administration or with the executive authority that carries out work in the field of education.

You should be aware that an agreement for homeschooling is drawn up in a certain form, which is approved by the legislator.

Remote

There are several types of distance learning:

• web and chat classes;
• telepresence;
• teleconferences;
• use of the Internet.

With distance learning, you can:

• to be trained in a general education institution, regardless of the material conditions of the family of a disabled person and of her place of residence;
• listen to lectures in a place convenient for oneself, study according to a schedule agreed with the student's parents, using specialized computer equipment.
• receive additional education;
• use and acquire teamwork skills;
• to prepare for admission to the university;
• to develop the creative abilities of the student;
• take part in research work;
• get the opportunity to consult with specialized doctors (psychologist, speech therapist, defectologist, etc.).

Distance learning allows children with disabilities to receive rehabilitation and developmental correction, to achieve full integration among their peers.

Possible compensation

The duty of the state is to give the disabled person education, for which budgetary funds are allocated. This is done in 2 ways:

1. In a public school.
2. At home.

Parents who teach a disabled person at home are paid after the child reaches the age of 6 years and 6 months.

That is, from the period of time when a disabled person can start studying at a general education school. Compensation payments are made until the end of schooling (on reaching the age of 18).

The period of education at school can be increased if the teenager has various serious pathologies.

If the child is homeschooled, then the number of hours of study with a teacher from school is much less than with regular school attendance. Therefore, the child must do most of the work himself.

Parents can agree with the teacher from the educational institution about additional classes, but the number of hours of such classes is limited by law to 3 hours per week.

Only the actual costs of training will be reimbursed and they should not exceed the established standard.

In order for the family of a disabled person to receive compensation, parents must submit an application for the need for additional general education to the head of the school, who will approve the amount of compensation paid to the family of a disabled person.

When making an application, you must indicate:

• passport data;
• a certificate from the housing office confirming the registration of the baby.
• birth certificate for a disabled child.

A number of documents must be attached to the application:

When the contract for homeschooling is signed, it is concluded for a period of 1 year, it will be possible to receive compensation.

If the expenses exceed the established limit, then they are borne by the parents of the child. Children with disabilities who have not reached school age have the right to attend some kindergarten classes.

Parents are not charged if the child is ill with a certain disease. The state also provides for certain groups of the population whose baby attends kindergarten.

These include:

• military families;
• single mothers;
• parents with a disabled child;
• large families;
• families where one of the parents is called up for military service;
• if both parents are students.

List of benefits

For disabled children under the age of 7, there is an opportunity to receive rehabilitation measures and receive everything necessary for a stay in a kindergarten.

There are a number of benefits for this category of people with disabilities:

• enrollment in a preschool without a queue;
• Parents are not charged for staying and meals in a preschool institution.

If the child is not able to attend kindergarten due to his state of health, then he must be given the opportunity to enroll in a specialized kindergarten without waiting in line.

Students have the same rights as listed above. They can study in both general and specialized schools.

Funds for the maintenance of disabled children in kindergartens and schools are allocated by the budget.

Children and schoolchildren with physiological and psychological pathologies, with the consent of their parents, can be trained in special educational institutions.

Education in these institutions is carried out taking into account the conclusion. Parents may choose to homeschool their child with a disability.

The state provides an opportunity for children with disabilities to enter state educational institutions without competition.

What are the problems in Russia

Currently, there are 2 problems that a child with a disability faces:

A child with disorders of the musculoskeletal system, vision, speech, hearing and minor deviations in intelligence can attend educational institutions.

But, a huge number of disabled children cannot attend general education institutions, and are forced to study according to an individual program.

There are very few teachers in our country who are able to teach such children. The purpose of the school is to prepare the child for life in society and give him the knowledge necessary for this.

And although special subjects, such as defectology, correctional pedagogy, special psychology, are taught at lectures in pedagogical institutes, teachers are trained to teach children who do not have pronounced health disorders.

The upbringing of children with disabilities is a complex process of mental and physical development of a child with sensory, mental, mental, and physical disabilities in order to fully integrate them into society. Modern society adheres to paternalistic views on the problem of children with disabilities, perceiving them as incapacitated, dependent, physically and mentally limited, as well as inferior members of society, erecting multiple obstacles in the way of their development and formation. The upbringing and education of children with disabilities is fundamentally different from the approach to the education of healthy children. What are the main aspects of raising abnormal children? What are the main approaches to the personal development of a child with developmental disabilities?

The role of the family in the upbringing of children with disabilities and their development in society

In organizing the process of raising children with disabilities, it is necessary to take into account two main components:

• The nature of violations and deviations in the development of the child;
• Social aspects of the problem.

Modern society is unprepared for normal interaction with children with developmental disabilities. The social solution to the problem of children with disabilities comes down to their intentional or indirect isolation from society. Such isolation contributes to the awareness by the children themselves of their inferiority and difference from normal children, which affects their psycho-emotional state. The main problems faced by parents of children with disabilities:

• Lack of educational institutions to create full-fledged conditions for the development of children;
• Lack of personnel - educators, psychologists, rehabilitators, teachers who can help the child develop the skills necessary for independent living;
• Ignoring the right approaches to raising children with disabilities.

The upbringing of children with disabilities begins in the family. The main mistake made by every family in the process of raising an abnormal child is the actualization of the problem, in other words, the “fixation” of parents on a defect or deviation of the child. So, from early childhood, the parents themselves instill in the child the idea of ​​his inferiority and difference from other children. As a rule, parents try in every possible way to protect and protect the child from the influence of society, peers, so as not to cause him mental or physical trauma. The task of parents in the process of raising children with disabilities is to teach the child independence. A child with any impairment of physical or mental development can and should become a full-fledged member of society. The upbringing and education of children with disabilities should be aimed at their full integration into society, and not at actualizing their isolation, which increases their vulnerability in society. A child who copes with his illness, capable of learning and developing along with ordinary children, gets more chances for a full life in society. The family should perform a supporting function in the upbringing of children with disabilities, teaching them to cope with everyday everyday tasks, taking into account their physical and mental characteristics. Dependent on adults, a dependent child with disabilities gets obviously less chances for successful development in society.

For the education of children with disabilities it is necessary:

• Creating an atmosphere of calm, mutual understanding and mutual assistance in the family;
• Assisting the child, not limiting his actions;
• Perception of the child as he is, without excessive demands on him. However, parents must be persistent, observe the regularity of classes, and involve specialists in the educational process.

The main goals of educating and educating children with disabilities

The upbringing of children with disabilities is not limited to their placement in specialized educational institutions. The upbringing and education of disabled children begins in the family, where the child must acquire the basic skills and abilities to ensure his existence without outside help, taking into account his mental and physical disabilities. As a rule, in families with disabled children, the predominant method of education is hyper-custody, when the child is maximally limited in actions, and family members take on his functions. So, the physical activity of the child is limited in order to avoid trauma, his social activity is limited in order to avoid mental trauma caused by peers. Families, as well as society as a whole, position children with disabilities as sick, focusing on their deviation in development, the difference from healthy children. Excessive guardianship and isolation from peers provokes a child's fear on a subconscious level of being rejected, rejected by a full-fledged society. Another mistake of raising children with disabilities in the family is ignoring speech and motor defects and errors, which in the future will turn into an insurmountable problem.

The main goal of raising children with disabilities in the family is to become a full-fledged independent person and a member of society capable of self-improvement, self-development, self-realization. Positioning a disabled child as sick is the grossest mistake of parents, provoking a breakdown in the child's psyche, as well as laying the wrong values, concepts about the world and the surrounding society. Every parent must understand that modern society is devoid of the empathy that a child is surrounded by in a family. A sharp transition from hyper-custody to misunderstanding of peers can provoke a closure in oneself, the development of internal complexes and contradictions, an unwillingness to develop and improve.

Mental and physical education of abnormal children

An abnormal child is a child with significant deviations in mental or physical development, requiring special conditions for upbringing and development that provide compensation and correction of his deviations. The upbringing of abnormal children should not be focused on their deviation from the norms of physical and mental development. The process of raising children with disabilities requires a special approach. The upbringing of children with disabilities in the family should not differ from the usual process, but parents should also perform an auxiliary function, taking into account the deviations of the child. A responsible stage of education is an educational institution where the child will receive the help of qualified specialists. Psychologists believe that a child acquires basic knowledge in the first 7 years of life, then the basic abilities are improved and multiplied. The same principle works with children with developmental disabilities.

Proper organization of the upbringing process, positioning a disabled child as a full-fledged member of society significantly increases his chances for full social integration.

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. (Federal Law of the Russian Federation “On the Social Protection of Disabled Persons in the Russian Federation” dated November 24, 1995, Article 18.) Priority placement of disabled children in kindergartens. (Decree of the President of the Russian Federation dated 02.10.92) Exemption from payment for childcare for parents with children who, according to the conclusion of medical institutions, have identified deficiencies in physical or mental development. (Resolution of the Supreme Council of the Russian Federation of March 6, 1992 No. 2464-1.)

Opportunity to educate and educate children with disabilities at home and in non-state educational institutions.

The procedure for the upbringing and education of disabled children at home and in non-state educational institutions, as well as the amount of compensation for the costs of parents (legal representatives) for these purposes. (Approved by Decree of the Government of the Russian Federation of July 18, 1996 No. 861.)

For children and adolescents with developmental disabilities, educational authorities create special (correctional) educational institutions (classes, groups) that provide them with treatment, education and training, social adaptation and integration into society. (Federal Law of the Russian Federation “On Education” dated January 13, 1996, No. 12-FZ, Art. 10.)

Financing of these educational institutions is carried out according to increased standards. The categories of students, pupils sent to these educational institutions, as well as those kept on full state support, are determined by the Government of the Russian Federation. Children and adolescents with developmental disabilities are sent to these educational institutions only with the consent of their parents (legal representatives) upon the conclusion of the psychological and pedagogical and medical and pedagogical commissions. (Model Regulations on a special (correctional) educational institution for students, pupils with developmental disabilities. Approved by Decree of the Government of the Russian Federation of 12.03.97, No. 288.)

Benefits for medical, sanatorium and prosthetic and orthopedic services

Free dispensing of prescription drugs. (Decree of the Government of the Russian Federation of July 30, 1994, No. 890.)

Free supply of prosthetic and orthopedic products by enterprises and organizations of the Ministry of Labor and Social Development of the Russian Federation. (Decree of the Government of the Russian Federation of 10.07.95) Free provision of bicycles and wheelchairs. Free sanatorium voucher for a disabled child and accompanying person. (Order of the Ministry of Health of the RSFSR dated 04.07.91, No. 117.)

Issuance of a temporary disability certificate for the period of sanatorium treatment of a child, taking into account the time of travel to one of the parents, if there is a conclusion about the need to care for such a child.

Instructions on the procedure for issuing documents certifying temporary disability. (Approved by the Ministry of Health and Medical Industry of the Russian Federation and the Social Insurance Fund of the Russian Federation on 10/19/94 (p. 4, 6.)

Income Tax Benefits

The total income received in the taxable period is reduced by the amount of income not exceeding for each full month during which the income is received, three times the statutory minimum monthly wage of one of the parents (at their choice), on the support of which is jointly with him living and requiring constant care of a disabled child.

The benefit is granted on the basis of a pension certificate, decisions of the guardianship and guardianship authorities, a medical certificate from the health authorities confirming the need for such care, and a certificate from the housing authority on cohabitation. It is also necessary to present a certificate stating that the other parent does not use such a benefit. If the parents are divorced - a document confirming this fact. (Law of the Russian Federation “On income tax from individuals”, art. 3, p. 3.)

children disabled parent right

1. Educational institutions, together with the social protection authorities of the population and health authorities, provide pre-school, out-of-school education for disabled children and the education of disabled children in accordance with the individual program for the rehabilitation of a disabled person.

2. Disabled children of preschool age are provided with the necessary rehabilitation measures and conditions are created for staying in preschool institutions of a general type.

3. For disabled children whose health condition excludes the possibility of their stay in children's preschool institutions of a general type, special preschool institutions are created.

4. 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 the parents, the education of disabled children according to a full general educational or individual program at home.

5. Out of competition, subject to successful completion of entrance examinations to state educational institutions of secondary vocational education and state and municipal educational institutions of higher professional education, children with disabilities, disabled people of groups I and II are accepted, who, according to the conclusion of the federal institution of medical and social expertise, are not contraindicated in studying in relevant educational institutions.

The procedure for teaching a disabled child at home

1. The basis for organizing the education of a disabled child at home is the conclusion of a medical institution.

2. The list of diseases, the presence of which gives the right to homeschooling a disabled child: approved by the Ministry of Health and Social Development of the Russian Federation [See. Letter of the Ministry of Education of the RSFSR of 08.07.1980 N 281-M, of the Ministry of Health of the RSFSR of 28.07.1980 N 17-13-186 "On the list of diseases for which children need individual lessons at home and are exempted from attending a mass school"].

3. Education for children with disabilities at home is carried out by an educational institution that implements general educational programs (as a rule, the closest to the place of residence of a child with a disability)

4. Enrollment of a disabled child in an educational institution is carried out in accordance with the general procedure established for the admission of citizens to educational institutions.

5. Educational institution for disabled children studying at home:

provides free textbooks, educational, reference and other literature available in the library of the educational institution for the period of study;

provides specialists from among the teaching staff, provides methodological and advisory assistance necessary for the development of general educational programs;

carries out intermediate and final certification;

issues a state-recognized document on the relevant education to those who have passed the final certification

6. When teaching a disabled child at home, parents (legal representatives) may additionally invite teachers from other educational institutions

7. Pedagogical workers may, by agreement with the educational institution, participate together with the pedagogical workers of this institution in conducting intermediate and final certification of a disabled child

Reimbursement of expenses of parents for the upbringing and education of disabled children at home

Parents (legal representatives) who have disabled children who raise and educate them at home on their own are compensated by the education authorities for the costs of education and upbringing.

The amount of compensation is determined in accordance with the established state and local standards for financing the costs of training and education in a state or municipal educational institution of the appropriate type and type.

Additional expenses for the education and upbringing of a disabled child at home in excess of the established funding standard are made by parents (legal representatives) and are not compensated.

Conditions for the education and upbringing of a disabled child in a non-state educational institution

Education and upbringing of a disabled child in a non-state educational institution that has state accreditation and implements general educational programs can only be carried out if it has special educational conditions for training and education.

Training and education should include:

special educational programs developed taking into account the individual rehabilitation program for the disabled;

corrective methods;

technical means;

living environment;

specially trained teachers;

medical service;

social and other conditions without which it is impossible (difficult) to master general educational programs for children with disabilities.