Sample agreement between dow and parents of disabled children attending kindergarten. All about education for children with disabilities Kindergarten for a disabled child
Dear parents!
We would like to inform you that families with a disabled child(ren) are provided with a BENEFITS (“Federal” benefit):
free education and upbringing of disabled children in public preschool institutions(kindergartens)
(Basis: Article 18 of the Law "On social protection disabled people in the Russian Federation")
Extract from the Federal Law "On Social Protection of Disabled Persons in the Russian Federation"
Decree of the Government of the Russian Federation dated June 18, 1996 No. 861 (as amended on February 1, 2005)
Since this benefit is established by federal law, it applies to all constituent entities of the Russian Federation. However, this benefit is financed from the budget of the constituent entity of the Russian Federation, as is directly stated in the law. Thus, each subject of the Russian Federation is obliged to plan funds in its budget for the upbringing and education of disabled children in preschool institutions in a given region. At the same time, for parents (guardians, educators), the education and upbringing of their disabled children in preschool institutions will be free.
In addition, the federal law provides for the possibility of teaching disabled children at home, as well as in non-state educational institutions.
The procedure for providing these services is regulated by Decree of the Government of the Russian Federation dated June 18, 1996 No. 861 (as amended on February 1, 2005). The text of this Resolution is given in the section " Regulatory documents" to this benefit.
ATTENTION! According to the Decree of the Government of the Russian Federation dated September 12, 2008. No. 666 "On the Model Regulations of a Preschool Educational Institution", for the admission of disabled children to a preschool institution ( kindergarten of any type) requires, in addition to other documents, the conclusion of the regional psychological, medical and pedagogical commission. However, in some regions, such a conclusion is replaced by a certificate from the KEK of the district clinic at the place of residence of the disabled child in accordance with regional documents on staffing kindergartens (based on the Decree of the Government of the Russian Federation).
Necessary documents for enrollment of a disabled child (disabled children) of preschool age:
1. Birth certificate of the child (children)
2. Certificate of disability of the child (children), issued by the ITU Bureau
3. Medical card for a child in form 026/у-2000
4. Conclusion of the territorial (district) psychological-medical-pedagogical commission (only upon request)
5.Passport of one of the parents
6. Application for admission (enrollment) of a child(ren) in a preschool institution
Procedure
- Prepare an original and a copy of the birth certificate of a disabled child (children) of preschool age, who will be admitted to a preschool institution
- Prepare the original and a copy of a certificate from the Bureau of Medical and Social Expertise (ITU Bureau) about the disability of the child (children)
- Issue a medical card at the clinic at your place of residence in form 026/у-2000 on the child’s health status
- If necessary, submit the conclusion of the territorial (at place of residence) psychological, medical and pedagogical commission on the level of development, social adaptation and health of the child
- Submit the passport of the parent (adoptive parent, guardian) applying for enrollment of the child in a preschool institution (original and copy)
- Contact the commission for staffing preschool institutions (at your place of residence) and write an application for admission of a disabled child to a preschool institution, attaching all the collected documents in copies).
Deadlines for submitting documents for enrollment
- Birth certificate of the child (children) - in accordance with the established procedure, working
- Certificate of disability of the child (children), issued by the ITU Bureau - in accordance with the established procedure, working
- Medical card for a child in form 026/у-2000 - in accordance with the established procedure, working
- Conclusion of the territorial (district) psychological-medical-pedagogical commission (only upon request) - in accordance with the established procedure, working
- Passport of one of the parents - in accordance with the established procedure, working
- Application for admission (enrollment) of a child(ren) in a preschool institution - on the day of application, 1 working day
How is the admission (enrollment) of a child with developmental disabilities in kindergarten regulated and how do things work in practice?
If necessary, you can use all three options at the same time.
According to the law, parents have the right to bring any child to the kindergarten at their place of residence, and they are obliged to admit him there. IN Russian Federation universal access and free of charge are guaranteed preschool education in state or municipal educational institutions.
The right to education for a “special” child is enshrined in very significant international and Russian regulations. In particular, in the Constitution of the Russian Federation (Article 43), the Law of the Russian Federation “On Education” (Articles 5, 18, 50, 52), the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” (Articles 18, 19).
Article 18 of the Law of the Russian Federation “On Education” dated July 10, 1992. N 3266-1 is dedicated to preschool education:
"3. To educate preschool children, protect and strengthen their physical and mental health, develop individual abilities and necessary correction of developmental disorders of these children, a network of preschool educational institutions operates to help families.
4. Relations between a preschool educational institution and parents (legal representatives) are governed by an agreement between them, which cannot limit the rights of the parties established by law.
5. Local governments organize and coordinate methodological, diagnostic and advisory assistance to families raising preschool children at home.”
If a child has been registered as disabled, then the parent, when exercising his right to preschool education, should also rely on the following legal acts:
1. Federal law“On social protection of disabled people” dated November 24, 1995 N 181-FZ (Article 18). The state guarantees “the education of disabled children” in “according to the individual rehabilitation program for a disabled person”, provides them with “necessary rehabilitation measures” and creates “necessary conditions” for “staying in general preschool institutions” and for studying “as in general educational institutions equipped, if necessary, with special technical means, and in special educational institutions.” The child’s mother, if desired and possible, can accompany him to various activities. An assistant may be included in the individual rehabilitation program for a disabled child who will accompany him in various activities. Therefore, for example, the refusal of the head of a kindergarten to accept a child under the pretext that other children will offend him (1), that the parents of other children will be against (2), that teachers will not be able to work with such a child (3), is illegal. Let's take a closer look at these types of failures:
(1) Preventing aggression towards such a child from other children is among the standard pedagogical tasks of educators in a children's educational institution (preschool);
(2) In case of protest from other parents (which is very doubtful!), educators and heads of the institution must explain to parents the position of equality and tolerance, supporting it with their own example of attitude towards such a child;
(3) Since in a general preschool institution, in accordance with the law, special conditions must be created for a disabled child, the head must arrange for the position of an assistant teacher or the support of a medical worker (for example, in the case of epileptic seizures, train first aid staff) or agree to the presence of the child’s mother in class or indoors if necessary).
2. Decree of the President of the Russian Federation “On additional measures state support disabled people" dated 10/02/1992. No. 1157, where it is stated that “disabled children... are provided with places in kindergartens, medical, preventive and health institutions as a matter of priority".
The rules for enrolling a child in a preschool educational institution and his stay there in the Russian Federation are regulated by the Law of the Russian Federation “On Education” dated July 10, 1992 No. 3266-1, Model Regulations on a Preschool Educational Institution approved. Government Decree No. 677 dated July 1, 1995 and other documents.
Organizing the functioning of preschool institutions is the responsibility of the education authorities of the local administration. If there are not enough places in these institutions, then priority lists are created for providing children with places in these institutions, and disabled children have advantages in the distribution free seats. In particular, this makes it possible to overcome the attempt of officials to prevent a “special” child from entering the nearest kindergarten on the basis of “the presence of a waiting list.”
The main problems for parents arise when entering a preschool educational institution, since the procedure for staffing kindergartens according to the law (clause 1 of Article 16 of the Law of the Russian Federation “On Education”) is established by the founder of the preschool educational institution. Clause 25 of the Model Regulations on Preschool Educational Institutions states that “the procedure for staffing a preschool educational institution is determined by the founder.” However, it also makes a reservation that preschool educational institutions should primarily admit children of working single parents, student mothers, and disabled people of groups 1 and 2; children from large families; children in care; children whose parents (one of the parents) are in military service; children of the unemployed and forced migrants, students.
Facts of violation of obligations prescribed in the charter of a preschool educational institution, for example, endless lists that must be written on literally from the birth of the child. If such facts are revealed, parents who have the right to preferential terms admission to a preschool educational institution, you should contact the territorial educational authorities, and, if necessary, the prosecutor’s office.
Very often, refusal of admission to kindergarten is motivated by non-subordinate territory of residence. How is this issue regulated? First of all, the charter of the preschool educational institution. Most often, priority rights are given to children permanently residing in the territory where the preschool educational institution is located, which does not contradict the Law “On Education”. By "territory" we mean municipality– city, district, village, government. However, if there are free places in the kindergarten, the child’s place of residence is not put at the forefront. Most often, the charter states this: if there are free places, children are accepted regardless of place of residence. Therefore, if the head refuses to accept the child, the parent should definitely familiarize himself with the charter of the preschool educational institution.
Admission of children is carried out on the basis of documents specified in the charter of the preschool educational institution. Parents may be required to:
1) birth certificate;
2) an extract from the house register about the child’s place of residence;
3) a medical card issued at the district clinic, etc.
If, nevertheless, you are denied admission to a kindergarten, your first step is gently but persistently demand that the refusal to admit your child to kindergarten be formalized in writing . Not a single head of an educational institution will ever have the courage to write such a refusal, because the fact of documenting it would mean an absolute violation of the constitutional right to public access to education. The head (director) understands this very well and can limit himself only to verbal persuasion to send the child to a neighboring educational institution.
If you have not received a written refusal:
- ask to familiarize you with the charter of this educational institution;
- explain to the management of the institution the content of the above mandatory legal norms;
- in case of complaints from the administration of the preschool educational institution about its incompetence and references to instructions from higher education authorities, ask for the details of these documents (date and number) and ask in which media this instruction was officially published in accordance with the requirements of Part 3 of Art. 15 of the Constitution of the Russian Federation, as well as when it was registered with the justice authorities. Also take an interest, asking from whom permission must be obtained in order for the child to be accepted.
If this does not help and the head does not agree to admit the child to this institution, you can contact the higher authorities supervising these issues (for example, the Department or Directorate of Education) or the prosecutor's office with a complaint about unlawful actions officials, using the above rationale.
When a child is admitted to a preschool educational institution, an agreement for upbringing in the institution is concluded between the parents and the administration. An important point stipulated in the contract is the procedure for visiting the kindergarten. This paragraph should indicate the days of the week and the time of stay. Some gardens guarantee free access. Parents have the right to demand that a place be reserved for their child in the event of his illness or absence for various reasons. It is recommended that these and similar issues be discussed when concluding the contract.
Thus, on the basis of Art. 18, pp. 2, 3 of the “Law on Education”, for a “special” child located in any corner of Russia, the state, represented by local educational authorities, is obliged to ensure “availability of educational services of a preschool educational institution.” Therefore, in the absence of adequate correctional and educational assistance nearby for such a child, it is necessary to obtain from local authorities the fulfillment of their responsibility - the creation of such an institution, or such a group as part of an ordinary kindergarten. Until such a group is created, the child, in accordance with the law, has the right to attend a regular kindergarten group. We recommend that you attend a regular group for at least part of the time: a walk, a meal, free play, if possible, music and physical education classes, if necessary, accompanied by your mother. If the head of a kindergarten refuses to admit a child, the parent has several options for behavior:
- Submit a written application for admission to the kindergarten personally to the head and ask for the refusal to be issued in writing;
- Contact the educational authorities with a letter addressed to the head of the department (administration);
- contact the prosecutor's office with a complaint about unlawful actions of officials.
Disabled children can be raised at home or attend kindergarten. In accordance with Art. 18 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”, such children can attend special preschool institutions for children with disabilities or, on a general basis, attend a regular kindergarten (general type preschool institution). The possibility of staying in a general preschool institution is determined depending on the child’s health status.
The preschool educational institution teaches children according to general educational programs of preschool education in various areas. It provides education, training, supervision, care and health improvement for children under seven years of age.
According to the Standard Regulations on a Preschool Educational Institution, approved by order of the Ministry of Education and Science of the Russian Federation dated October 27, 2011. No. 2562 (hereinafter referred to as the Model Regulations on a Pre-School Educational Institution), preschool (educational institutions include educational institutions the following types:
- kindergarten;
- kindergarten for young children;
- kindergarten for children of preschool (senior preschool) age;
- kindergarten for supervision and health improvement;
- compensatory kindergarten;
- combined kindergarten;
- a general developmental kindergarten with priority implementation of activities in one of the areas of development of pupils;
- child development center - kindergarten. The procedure for staffing a preschool educational institution is regulated by the charter.
The preschool educational institution accepts children aged from 2 months to 7 years. Admission of children is carried out on the basis of a medical report, application and identification documents of one of the parents (legal representatives).
Children with disabilities and disabled children are accepted into compensatory and combined groups of a preschool educational institution only with the consent of their parents (legal representatives) based on the conclusion of the psychological, medical and pedagogical commission.
When admitting children with limited health capabilities and disabled children to preschool educational institutions of any type, the preschool educational institution is obliged to provide necessary Conditions to organize corrective work.
Based on the parents’ application and expert opinion, the child is admitted to one or another kindergarten, where persons with the necessary professional and pedagogical qualifications will work with the child. Children attending kindergarten are treated daily by educators and specialists: physical therapy instructor, speech therapist, teacher-psychologist, pedagogue additional education(preparation for school), music director, director of a theater studio, art teacher and others.
In large cities, in particular in Moscow and St. Petersburg, a whole network of preschool institutions has been created for children with pathologies of speech, hearing, vision, and musculoskeletal disorders. musculoskeletal system, with mental retardation, as well as for children with general diseases. In small towns, urban settlements and other small populated areas As a rule, specialized preschool institutions for children with disabilities are not created. Disabled children have to attend general kindergartens or travel to the regional center.
In kindergartens they create special conditions for training and education of disabled children: sports and gyms, swimming pools, art studios, theater studios, music halls, herbal bars, etc. If necessary, children receive enhanced nutrition and massage, and are also under the constant supervision of a speech therapist or speech pathologist.
The educational process for disabled children can be carried out according to special programs. For example, in the Moscow Preschool Educational Institution No. 1790, in order to improve the health of children with pathologies of the musculoskeletal system, infusions (air baths, rubbing, gargling), massage, self-massage, acupressure, hydromassage, herbal medicine, oxygen cocktail, breathing exercises, gymnastics after sleep, sessions using the Chizhevsky chandelier, “Maremed” sessions. For a comprehensive assessment physical condition children are diagnosed three times a year physical development and physical fitness, swimming diagnostics, summary diagnostics and identification of the coefficient of increase in physical qualities; diagnostics according to M. Lazarev’s “Hello” program and determination of the level of maturity of nervous processes. Work with disabled children is carried out daily on physical rehabilitation, psychological correction, speech therapy work, counseling parents and teaching them corrective techniques.
Teachers and parents have mixed feelings about the idea of educating all disabled children in one institution. On the one hand, many say that their child feels uncomfortable in the same group with healthy children. On the other hand, there are examples that prove that it is not always appropriate to draw a line between healthy child and disabled.20 It appears that the answer to this question depends on the baby's health condition. After all, children who have serious problems with health, for example, children with heart defects, diabetes mellitus or bronchial asthma undoubtedly require special care, and teachers working with such children must have special knowledge.
The Law of the Russian Federation “On Education” determines that the founders of educational institutions implementing the basic general educational program of preschool education, according to general rule may establish fees for maintaining a child in the specified institutions. yah, unless otherwise established by federal laws. However, for the maintenance of children with developmental disabilities, as well as children with tuberculosis intoxication, attending state and municipal educational institutions that implement the basic general educational program of preschool education, parental fees are not charged.
The rest of the list of benefits is established at the level of constituent entities of the Russian Federation. In many constituent entities of the Russian Federation, preferential fees for the maintenance of children in preschool educational institutions or free maintenance of children are provided if both parents are disabled people of group I or II, if the family of a disabled child is large, if the child’s family belongs to the category of families of military personnel and government employees Ministry of Internal Affairs who died in the line of duty.
Full or partial exemption from kindergarten fees, as a rule, is carried out on the basis of an application from the parent of such a child, to which is attached a certificate from the place of residence about the composition of the family, a copy of the child’s birth certificate and other supporting documents.
Disabled people under 18 years of age are a special category of children who need special guardianship and care from their closest people and society, as well as government bodies. Russia, according to its constitution, is a social state. Therefore, regional administrations and the government of the Russian Federation are obliged to respect the rights of disabled children in the Russian Federation, as well as provide organizational and material support to disabled children, including their parents.
Education, training, and treatment of disabled children
The rights of a disabled child at school and in the clinic must be fully ensured. Therefore, for disabled children of preschool age:
1. All conditions for staying in preschool institutions of a standard type are created and the necessary rehabilitation measures are provided.
2. if the child’s health condition does not allow the child to stay in a general institution, then they are sent to special preschool institutions.
What is a disabled child entitled to by law? According to federal law, children with disabilities have certain advantages over their normal peers. The right of a disabled child to education presupposes:
1. priority placement in preschool institutions;
2. exemption of their parents or guardians from paying for preschool education;
3. the opportunity to educate and educate disabled children in non-state educational institutions and at home. In this case, parents are provided with compensation for these purposes;
4. Special (correctional) classes or groups should be created for adolescents and children with developmental disabilities, which should provide their upbringing and training, as well as treatment, social adaptation and integration into society. This should be done by educational authorities.
Financing of these educational institutions is carried out according to increased standards. The categories of pupils and students who are sent to these educational institutions, including those who are fully supported by the state, are determined by the Government of Russia.
In addition, children with needs can receive additional types of social assistance:
1. free meals in school settings;
2. priority admission to kindergartens, free attendance;
3. assistance from social services in rehabilitation (psychological, social);
4. gentle mode of passing the Unified State Exam.
Benefits and rights of families with disabled children
The Federal Children with Disabilities Act of 2019 says that families with children with disabilities can receive free:
1. medical supplies (special shoes, wheelchairs, etc.);
2. medications prescribed by law;
3. Sanitary-resort treatment once a year, travel is paid both ways;
4. medical treatment;
5. special literature for children with certain vision problems.
In addition, other benefits are provided:
1. one of the working parents is given 4 additional days off per month;
3. right to shortened working week or reduced working hours if they have dependent children under 16 years of age;
4. A ban on reducing wages or refusing to hire for reasons related to the presence of a disabled child.
Transport benefits
1. The law provides for free travel for disabled children in public transport (except for taxi travel), as well as for their accompanying person. This may be a parent, social worker or guardian (providing proof of identity is required).
2. Travel to the place of treatment of a disabled child is also free. A travel pass may be issued for a disabled child, or monetary compensation for travel may be provided if the appropriate paperwork is completed;
3. Children with disabilities can also benefit from a 50% discount on intercity buses, airlines and trains from October to May 15th. At other times, the specified discount will be valid only once.
4. If there is a disabled child over 5 years old in the family who has impaired functioning of the musculoskeletal system, it can be used to transport the child. If a vehicle is not provided, then parents are provided with compensation for the use of specialized vehicles.
Cash payments
What is a disabled child entitled to from the state in 2019 in terms of cash payments?
1. Until April 2018, the amount is 11,903.51 rubles. Since childhood, disabled people have been paid the following amounts:
1) disabled people of group III - 4,215.90 rubles;
2) for group II - 9,919.73 rubles;
3) for group I disability - 11,903.51 rubles.
The amount of pension payments is subject to indexation at least once a year.
In addition, a monthly cash payment is provided, as well as a set of social services for families with disabled children. The size of the EDV is determined by the family’s desire to partially or fully use social services in kind (if they refuse, monetary compensation is issued).
A set of social services can be replaced by a monetary equivalent. For 2019, a full package of social services is provided in the amount of 1,048.97 rubles monthly:
1. 807.94 rubles - provision of medical products, prescription drugs, medicinal foods;
2. 124.99 rubles - vouchers for sanatorium treatment;
3. 116.04 rubles – free travel on intercity transport or suburban railway transport to the place where treatment is performed and home.
A non-working parent who cares for a disabled person is provided with a special allowance in the form of a care allowance. For each disabled child or disabled child of the first group, a payment is expected in the amount of:
1. 5,500 rubles when cared for by a guardian, adoptive parent or parent;
2. 1200 rubles when leaving by another person.
For groups 2 and 3, after 18 years of age, benefits are not provided. One of the parents of a disabled child can count on early retirement.
03.11.2019
Children with disabilities (CHI) and disabled children can study in any educational organization in Moscow at the choice of the family, taking into account their psychophysical characteristics, individual capabilities and health status. For students with disabilities who have a conclusion from the Central Psychological, Medical and Pedagogical Commission, special learning conditions are created, including:
- implementation of adapted educational programs;
- a variable set of additional education programs;
- organization of accessible environment;
- provision of special textbooks;
- organization of specialist services (psychologists, speech pathologists, tutors, assistants);
- providing corrective assistance.
In addition, they work for children with disabilities in Moscow.
2. What does it take for a child to qualify for special education accommodations?
To confirm the right of a child with disabilities, including disabled children, to special conditions of education and upbringing in educational organizations in Moscow, it is necessary to obtain an opinion from the Central Psychological, Medical and Pedagogical Commission (CPMPC).
Based on the conclusion of the Center for Medical Education, the educational organization creates special conditions for education and upbringing, taking into account the individual characteristics of the child.
3. What documents are needed for the examination?
To conduct a psychological and pedagogical examination at the Center for Medical Education you will need:
application or consent of the parent or legal representative of the child to conduct a psychological and pedagogical examination at the Central Medical Education and Training Center in Moscow;
- child’s birth certificate (copy + original for presentation or a copy certified by a notary);
- for children over 14 years old - passport (copy + original for presentation or a copy certified by a notary);
- passport of the parent or legal representative (copy + original for presentation or a copy certified by a notary);
- a document confirming the authority to represent the interests of the child (copy + original for presentation or a copy certified by a notary);
- for persons with disabilities - The form of the medical report can be viewed in the order of the Moscow Department of Health dated April 1, 2013 No. 297 “On improving the procedure for issuing by medical organizations state system health care of the city of Moscow medical reports on health status and recommendations for the organization educational process for persons with disabilities" (see Appendix No. 3). There, on pages 2–4, there is a list medical organizations who issue these conclusions (see Appendix No. 1).">medical report on the state of health and recommendations on the organization of the educational process in state educational organizations in Moscow (original);
- for disabled children, people with disabilities - a certificate from the Bureau of Medical and Social Expertise (MSE), an individual rehabilitation or habilitation program (copy + original for presentation or a copy certified by a notary);
- for students of educational organizations - characteristics of the student issued educational organization(original);
- written work in the Russian (native) language, mathematics, results of the child’s independent productive activity (original).
For organization special conditions State final certification (GIA) also includes:
- for persons with disabilities - a medical report with recommendations on the creation of special conditions when passing the State Examination in the current academic year (original);
- for disabled children, people with disabilities - a certificate from the ITU bureau, IPRA (copy + original for presentation or a copy certified by a notary);
- for homeschoolers - orders to transfer the student to homeschooling (copies certified by the head of the educational organization).