Name of the public service (work)

Number of teaching staff

Teaching worker

Total Aid

Provision of special educational conditions for students with disabilities

Children with disabilities/disabled students (general profile of the disease) who need AEP, taking into account the psychophysical characteristics and individual capabilities of the child

Educational psychologist

Teacher speech therapist

Defectologist teacher

Children with disabilities who study

in need of AOOP:

TNR, ZPR, UO, RAS, deaf/hard of hearing/late deaf, visually impaired

Educational psychologist

Teacher speech therapist

Defectologist teacher

Children with disabilities who study

in need of AOOP:

ODA, SD, blind

Educational psychologist

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

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

The law also enshrines the concept of a student with disabilities (HIA). This is "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."

Who exactly is meant? Students with disabilities include such citizens of the Russian Federation as deaf, hard of hearing, blind, visually impaired, with severe speech disorders, with special needs of psychophysical development, with disorders of the musculoskeletal system, including children with disabilities. Part 5 of Article 41 of the law clearly states that for students “in need of long-term treatment, educational organizations are created, including sanatoriums, in which the necessary medical, rehabilitation and recreational activities are carried out for such students. The education of such children, as well as children with disabilities who, for health reasons, cannot attend educational organizations, can also be organized by educational organizations at home or in medical organizations. The basis for organizing training at home or in a medical organization is the conclusion of a medical organization and in writing appeal of parents (legal representatives). These norms are consistent with the federal laws "On the Social Protection of the Disabled in the Russian Federation" (Article 19 No. 181-FZ) and "On Social Services for Elderly Citizens and the Disabled" (Article 12 No. 122-FZ).

The new law "On Education in the Russian Federation" confirmed the possibility of training persons with disabilities both in educational programs adapted for them and in accordance with individual curricula.

In order to realize the right to education of citizens of the Russian Federation, authorities (at all levels) must create “the necessary conditions for obtaining without discrimination quality education by persons with disabilities, for the correction of developmental disorders and social adaptation, the provision of early correctional assistance based on special pedagogical approaches and the most suitable languages, methods and methods of communication for these persons and conditions that are most conducive to obtaining education of a certain level and a certain orientation, as well as the social development of these persons, including through the organization of inclusive education for persons with disabilities”, “taking into account the peculiarities of their psychophysical development and health status, including obtaining socio-pedagogical and psychological help, free psychological, medical and pedagogical correction.

Article 42 of the law “Psychological-pedagogical, medical and social assistance to students experiencing difficulties in mastering basic general educational programs, development and social adaptation” is devoted to the education of persons with disabilities. We emphasize that psychological, pedagogical, medical and social assistance is provided to children on the basis of an application or written consent of their parents or legal representatives. In addition, parents have the right to "be present during the examination of children by the psychological-medical-pedagogical commission, discuss the results of the examination and recommendations received from the results of the examination, express their opinion on the proposed conditions for organizing the education and upbringing of children." The law describes in detail which institutions can be entrusted with the functions and development of the regulation on the PMPK.

You can talk a lot about the rules for admission to study in basic general education programs, about scholarships, about the conditions of paid and free education, payment and exemption from it for looking after children in preschool and school institutions, but the parents of such children are concerned about an equally important issue - about benefits when entering a university. Previously, disabled children, disabled people of groups I and II, orphans had the right to be admitted to higher educational establishments out of competition subject to successful completion entrance examinations(Clause 3, Article 16 of the Law of the Russian Federation of July 10, 1992 No. 3266-I "On Education"), then in the new law higher education (according to undergraduate or specialist programs) governed by special enrollment rights on these programs.

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

Disabled children, disabled people of groups I and II, disabled since childhood, disabled due to military injury or illness received during the period of passage military service, which according to the conclusion federal agency medical and social expertise is not contraindicated in the relevant educational institutions, have the right to receive only within the established quota subject to successful completion of entrance examinations and also the right to admission to preparatory departments federal state educational organizations of higher education - for training at the expense of budgetary appropriations. Moreover, the admission quota for obtaining (free) higher education in the specified programs (bachelor's and specialist's) is set annually by the educational organization "in the amount of at least ten percent of the total check digits admission of citizens studying at the expense of budgetary appropriations” at all levels.

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

All these persons are given the preferential right to enroll in an educational organization for training (under bachelor's and specialist's programs), subject to successful completion of entrance examinations and other things being equal. With regard to scholarships, the “state social scholarship assigned to students who are orphans and children left without parental care, persons from among orphans and children left without parental care, disabled children, disabled groups I and II, disabled since childhood, students exposed to radiation due to a disaster at the Chernobyl nuclear power plant and other radiation disasters, as a result of nuclear tests at the Semipalatinsk test site, to students who are disabled due to a military injury or illness received during military service, and veterans of military operations or who are eligible for state social assistance ", as well as other students which are listed in Art. 36 of the new law on education.

From our point of view, the situation for the disabled and orphans has worsened not only because they lost such benefits as enrollment out of competition in state educational institutions (subject to successful completion entrance exams). The bad news is that the admission quota for (free) higher education is now set by the educational institution itself. In addition, the law does not mention persons with disabilities permanently residing in residential institutions of the Russian Federation.

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

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

Federal Law No. 181-FZ “On the Social Protection of Disabled Persons in the Russian Federation” (Article 19) obliges the state “to ensure that disabled people receive basic general, secondary (complete) general education, primary vocational, secondary vocational and higher vocational education in accordance with the individual program for the rehabilitation of a disabled person. This obligation should also apply to adult disabled people living in stationary institutions, since “the Russian Federation guarantees the right of every person to education” (Part 1 of Article 5 of the Federal Law “On Education in the Russian Federation” No. 273-FZ of December 29, 2012).

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

CHAPTER I. GENERAL PROVISIONS

Article 1. Basic terms

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

Special education - pre-school, general and vocational education, for the receipt of which special conditions are created for persons with disabilities to receive education;

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

Child - a person who has not reached the age of eighteen years;

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

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

Physical disability - duly confirmed temporary or permanent deficiency in the development and (or) functioning of a human organ (organs) or chronic somatic or infectious diseases;

Mental disability - a temporary or permanent deficiency in the mental development of a person, confirmed in the prescribed manner, including a violation of speech, emotional and volitional spheres, including autism, a consequence of brain damage, as well as a violation of mental development, including mental retardation, mental retardation, creating difficulties in learning;

Complex handicap - a set of physical and (or) mental handicaps, confirmed in the prescribed manner;

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

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

Integrated education - joint education of people with disabilities and people who do not have such disabilities, through the creation of special conditions for education of people with disabilities;

Educational institution of general purpose - an educational institution created for the training of persons who do not have restrictions for health reasons to receive education;

Special educational institution - an educational institution established for the training of persons with disabilities; special educational subdivision - a structural subdivision of a general-purpose educational institution created for the training of persons with disabilities;

Educational institution of integrated education - an educational institution of general purpose, in which special conditions have been created for the education of persons with disabilities together with persons who do not have such disabilities;

Education at home - the development of general educational and professional educational programs by a person who, for health reasons, temporarily or permanently does not attend an educational institution, in which education is carried out at home by pedagogical workers of the relevant educational institutions, including using distance learning tools;

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

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

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

Persons with disabilities who are citizens of the Russian Federation;

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

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

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

1. Special education provides persons with disabilities with education in accordance with their abilities and capabilities in a learning environment adequate to their health in order to adapt and integrate (reintegrate) these persons into society, including acquiring self-service skills, preparing them for work and family life.

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

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

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

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

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

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

1. In the field of special education, the jurisdiction of the Russian Federation shall be:

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

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

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

4) approval of standard provisions on special educational institutions of the relevant types and kinds; determination of the features of the creation, reorganization and liquidation of special educational institutions, licensing them educational activities, as well as features of certification and state accreditation of special educational institutions;

5) establishing the features of financing and financing standards in accordance with the state nominal educational obligation;

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

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

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

CHAPTER II. RIGHTS IN THE FIELD OF SPECIAL EDUCATION OF PERSONS WITH LIMITED HEALTH OPPORTUNITIES, THEIR PARENTS (OTHER LEGAL REPRESENTATIVES)

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

1. Citizens have the right to an examination in order to receive special education and a state nominal educational obligation.

2. Persons with disabilities have the right to:

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

2) free medical-psychological-pedagogical correction of physical and (or) mental deficiencies from the moment they are discovered, regardless of their severity in accordance with the conclusion of the psychological-medical-pedagogical commission;

3) free preschool education, primary general and basic general education from the age of six to eight years in accordance with the conclusion of the psychological-medical-pedagogical commission and the individual curriculum. the terms for mastering the basic general educational programs of primary general and basic general education are determined by the model regulations on educational institutions of the corresponding types and types and cannot be less than nine years;

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

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

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

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

1) be present during the examination of the child

by the Psychological, Medical and Pedagogical Commission, to discuss the results of the survey, to challenge the conclusion of this commission in the manner prescribed by paragraph 5 of Article 23 of this Federal Law;

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

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

4) to reimburse the costs of educating a child in a family on an individual curriculum in the amount of expenses for the education of the child at the corresponding stage of education in a state or municipal special educational institution, determined by state funding standards, including funds allocated from the state nominal educational obligation, subject to the implementation of an individual curriculum;

5) receive advice from the psychological-medical-pedagogical commission on issues of special education.

2. The rights specified in subparagraphs 1 and 2 of paragraph 1 of this article are also granted to other legal representatives of persons with disabilities. The provisions of subparagraph 1 of paragraph 1 of this article shall apply to legal representatives of adults with disabilities subject to the provisions of paragraph 7 of article 23 of this Federal Law. Article 9. State provision of persons with disabilities

Persons with disabilities are on full state support in state, municipal special educational institutions-boarding schools and special educational units - boarding schools of state, municipal educational institutions of general purpose:

Deaf and hard of hearing;

Blind and visually impaired;

With severe speech disorders;

With dysfunctions of the musculoskeletal system;

Mentally retarded;

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

Having learning difficulties due to mental retardation;

With complex flaws.

CHAPTER III. ORGANIZATION OF SPECIAL EDUCATION

Article 10. Forms of obtaining special education

Persons with disabilities may receive special education in special educational institutions, special educational units, educational institutions of integrated education, educational institutions of general purpose in the forms provided for by the Law of the Russian Federation "On Education".

Article 11. Education at home

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

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

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

The form of the contract for homeschooling is approved by the federal state educational authority.

3. Home education is funded in accordance with Article 29 of this Federal Law. Article 12. Education in the conditions of a stationary medical institution

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

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

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

3. Education in the conditions of a stationary medical institution is financed in accordance with Article 29 of this Federal Law. Article 13. Education in an educational institution of general purpose

1. Persons with disabilities have the right to study at a general educational institution in accordance with the law of the Russian Federation "On Education" if there is an appropriate conclusion of a psychological, medical and pedagogical commission or a medical and social expert commission.

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

The rights and obligations of an assistant may be established by local acts of the educational institution. Article 14. Integrated education

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

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

An educational institution of integrated education from the day a person with disabilities is enrolled in it enjoys the right to its financing from the federal budget and (or) the budget of the constituent entities of the Russian Federation in the amount established by the state nominal educational obligation.

2. Joint education and upbringing of persons with mental or complex disabilities and persons who do not have such disabilities should not adversely affect the learning outcomes of people who do not have such disabilities. persons with mental or complex disabilities who successfully master the educational program of an educational institution of integrated education may be expelled from this educational institution due to the impossibility of co-education on the basis of a decision of the council of the educational institution in agreement with the psychological, medical and pedagogical commission. At the same time, the executive authorities, whose competence includes issues of education, take measures within a month to continue education by these persons in an adequate form for them. Article 15. Special educational institutions

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

2. Special educational institutions may be established and operate in the Russian Federation for persons:

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

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

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

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

5) with dysfunctions of the musculoskeletal system;

6) with complex disorders, including deaf-blindness;

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

8) subject to chronic somatic or infectious diseases.

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

1. To help children with various violations speech and students in educational institutions of general purpose, a speech therapy service is organized.

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

Introduction to the staff of a general educational institution of the position of a teacher-speech therapist;

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

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

2. The model regulation on the speech therapy service is approved by the federal executive body, whose competence includes education issues. Article 17. Rehabilitation centers

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

2. The tasks of the rehabilitation centers are the formation of communication and self-service skills, elementary labor skills and the organization of classes according to individual educational programs.

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

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

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

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

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

2. In case of reorganization or liquidation of a special educational institution, the education management body, which has jurisdiction this institution, ensures the transfer of students, pupils with their consent or with the consent of their parents (other legal representatives) to other special educational institutions or to the relevant educational institutions of integrated education. Article 20. Special educational institutions of a closed type. Special educational divisions of educational institutions created at institutions performing

Criminal penalties in the form of imprisonment

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

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

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

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

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

1. The final certification of persons with physical disabilities and who have mastered educational programs of the appropriate level is carried out in accordance with the law of the Russian Federation "On Education".

2. The final certification of persons with mental or complex disabilities and who have mastered educational programs for special educational institutions is carried out in accordance with the procedure established by the federal executive body, whose competence includes education issues. Article 23

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

Psychological-medical-pedagogical commissions are created on the basis of an average of one commission for ten thousand children living in a given territory, but not less than one psychological-medical-pedagogical commission on the territory of each subject of the Russian Federation.

For the purpose of scientific and methodological service

Psychological-medical-pedagogical commission and conflict resolution between the commission and parents (other legal representatives) of children with disabilities, federal psychological-medical-pedagogical centers are created at the rate of one center for ten commissions, but not more than one psychological-medical-pedagogical center on the territory of each subject of the Russian Federation. If the number of commissions is less than ten in one subject of the Russian Federation, one federal psychological, medical and pedagogical center is created for several subjects of the Russian Federation. The creation of federal psychological, medical and pedagogical centers is carried out in agreement with the state authorities of the constituent entity of the Russian Federation on whose territory it is created.

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

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

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

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

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

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

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

7) formation of a data bank on children with disabilities, child pathology (insufficiency) and provision of the collected information to the relevant education authorities, health authorities and social protection authorities.

3. Member of the psychological-medical-pedagogical commission in without fail includes:

Psychologist;

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

Specialists in the field of special education - speech therapist, oligophrenopedagogue, deaf teacher, typhlopedagogue, social pedagogue;

The work of the psychological, medical and pedagogical commission is attended by representatives of the relevant educational authorities, health authorities and social protection authorities.

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

Health care institutions are obliged to send the child to the psychological-medical-pedagogical commission within ten days if he has obvious signs of physical and (or) mental deficiencies in order to determine special conditions for him to receive education.

5. The results of the examination of the child are reflected in the conclusion of the psychological-medical-pedagogical commission, which is the basis for sending the child with the consent of the parents (other legal representatives) to a special educational institution, for organizing homeschooling or for sending to educational institutions of integrated education. Members of the psychological-medical-pedagogical commission are obliged to keep professional secrecy, including keeping the conclusion confidential.

In case of disagreement of parents (other legal representatives) with the conclusion of the psychological, medical and pedagogical commission, within a month from the date of submission of their application, the relevant psychological, medical and pedagogical center conducts a second examination.

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

Psychological-medical-pedagogical center are legal entities.

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

Appealing the conclusions of medical and social expert commissions is carried out in the manner prescribed by the legislation of the Russian Federation. Article 24. Documents certifying the right to receive special education

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

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

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

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

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

CHAPTER IV. SPECIAL EDUCATION MANAGEMENT

Article 25

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

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

The executive authorities, whose competence includes education issues, inform the psychological-medical-pedagogical commissions, the psychological-medical-pedagogical center and the medical-social expert commissions about their decisions in the field of special education. Article 26. Peculiarities of reorganization and liquidation of special educational institutions Reorganization and liquidation of state, municipal special educational institutions may be carried out if students, pupils are guaranteed the continuation of education in adequate special conditions for obtaining education. During the reorganization and liquidation of non-state special educational institutions, students and pupils are guaranteed the realization of the rights to education in state, municipal educational institutions of the appropriate types and types. Article 27

1. Licensing of educational activities of special educational institutions is carried out in accordance with the Law of the Russian Federation "On Education" subject to the following conditions:

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

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

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

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

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

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

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

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

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

CHAPTER V. PROVISION OF CONDITIONS FOR OBTAINING SPECIAL EDUCATION

Article 29. Financing of special education

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

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

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

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

4. The standards for financing state nominal educational obligations at the expense of the federal budget are established in the manner determined by the law of the Russian Federation "On Education" for the financing of state and municipal educational institutions.

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

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

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

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

8. Home-based education for persons with somatic diseases, as well as their education during their stay in an inpatient medical institution, is financed by the educational institution in which these persons are permanently trained. Education at home for people with disabilities, carried out on the basis of the conclusion of the psychological, medical and pedagogical commission or the medical and social expert commission, is financed from state nominal educational obligations.

9. The creation of the necessary conditions for the teaching activities of a specialist with disabilities is carried out at the expense of the founder of the relevant educational institution. Article 30

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

2. The material and technical base of such educational institutions or educational units, depending on their types and types, includes premises, facilities necessary for students, pupils, as well as equipment and individual technical means of training persons with disabilities, including for organization of correctional and rehabilitation rooms, organization of sports and public events, nutrition, provision of medical care, health and treatment and preventive measures, household and sanitary and hygienic services, performance of other functions provided for by the charter of the relevant educational institution or educational unit. Article 31. Scientific and methodological support of special educational institutions, educational institutions of integrated education and special educational units teaching aids for special educational institutions, educational institutions of integrated education and special educational units is carried out at the expense of the federal budget.

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

3. When developing and approving the federal budget, expenses for Scientific research in special education.

CHAPTER VI. PROVISION OF SPECIAL EDUCATION WITH STAFF.

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

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

2. Mandatory minimum content of the main educational programs of secondary pedagogical and higher teacher education, installed federal component of the corresponding state educational standard, includes the study of the basics of defectology and correctional pedagogy. Article 33. Social guarantees and benefits for employees participating in the implementation of special education.

1. Employees participating in the implementation of special education, in addition to the rights and benefits established by the legislation of the Russian Federation for employees of educational institutions, are entitled to wages at 15-30 percent higher tariff rates (salaries) depending on the types and types of educational institutions, as well as the complexity of the work to be done.

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

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

3. A blind teacher of the relevant educational institution has the right to have a secretary, whose work is paid at the expense of the founder.

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

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

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

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

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

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

2) create special educational institutions with the participation of foreign persons, as well as organizations to ensure their activities;

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

Article 35

This Federal Law shall enter into force from the date of its official publication, with the exception of paragraph 2 of Article 37, paragraphs one and three of paragraph 3 of Article 37, paragraph 2 of Article 38 of this Federal Law. Subparagraph 6 of paragraph 2 of Article 7 of this Federal Law shall enter into force on September 1, 2001. Article 36

Laws and other regulatory legal acts in the field of special education that were in force on the territory of the Russian Federation prior to the entry into force of this Federal Law shall be applied to the extent that they do not contradict this Federal Law, other regulatory legal acts of the Russian Federation issued on its basis, laws and other regulatory legal acts. acts of subjects of the Russian Federation. Article 37

1. Expenses for the enactment of the provisions of this Federal Law shall be financed from the federal budget, unless otherwise provided by this Federal Law or an agreement between the Russian Federation and the subject (subjects) of the Russian Federation.

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

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

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

The creation of federal psychological-medical-pedagogical centers must be completed before January 1, 2000. Target admission of students to educational institutions of higher professional education is planned taking into account the provision of psychological, medical and pedagogical commissions, psychological, medical and pedagogical centers and medical and social expert commissions with relevant specialists. Article 38

1. Propose to the President of the Russian Federation to instruct the Government of the Russian Federation to bring its legal acts in line with this Federal Law.

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

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