Construction portal - Home. Water heaters. Chimneys. Heating installation. Heaters. Equipment

Kindergarten for disabled children – features of preschool education. Children with disabilities in kindergarten Visiting kindergarten by children with disabilities

Unfortunately, not all children are born in good health, and this is very sad to realize. It’s good if the disease can be quickly overcome and the child, as a rule, simply outgrows this period.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

But if not, and the illness becomes part of his life, then the parents have to accept a lot with difficulty and overcome all these difficulties.

The state provides social payments to support families, benefits, etc. to disabled children. This means they are trying to care.

But parents have to solve most of the issues themselves, on their own. This question concerns the choice of a preschool educational institution - a kindergarten for a child with disabilities and problematic health.

General points

Undoubtedly, there are differences between a regular kindergarten and a kindergarten for children with disabilities, for example, with musculoskeletal disorders.

The latter are referred to as preschool educational institutions (preschool educational institutions), where the upbringing and education of a child is carried out according to the level and state of his health.

For each case, specialists develop training programs that include the presence of health problems of the student and the procedure for his rehabilitation.

Important Concepts

You should not be afraid of such institutions, because even if in your group, where there are absolutely healthy children, there are some with disabilities, this does not at all mean that there is a threat to your child.

The selection of the composition of the group is carried out in accordance with acceptable standards for the health of children among themselves, contact and maturation.

Typically, a kindergarten for children with disabilities takes no more than 10-15 children into a group, and in more complex situations - up to 5 people

The educators are teachers of the highest category who have undergone training regarding these children's health problems and how to correct them in the future.

Kindergartens of this type are subject to specialized support from the state and sponsors, and parental support goes without saying.

Types of institutions

Kindergartens in the Russian Federation are divided into types, according to which parents and the commission already determine where to send the child:

Combined type Kindergartens of this type accept children who are healthy and have minor health problems, but within normal limits. It is clear that a blind child will not be accepted into an absolutely healthy group of children. Groups are formed in a standard manner, and the same rules and requirements apply to all students. For children with poor health, a slightly individual education and training program is developed, but not very different from the rest.
Compensating type This includes children who have significant health deviations - poor or absent vision, hearing or musculoskeletal system, impaired mental state (severe excitability, nervousness, etc.), speech impairment. Global training programs are conducted with such pupils, the methodology of which is designed specifically to maximize the elimination of defects in the child’s health and contribute to further social adaptation

The teaching staff is also selected based on the type of preschool educational institution:

  1. Speech therapist.
  2. Therapist.
  3. Psychologist.
  4. Masseur.
  5. Defectologist.
  6. Doctors of physical health, etc.

Requirements regarding the education group are applied to each teacher and educator.

Current standards

Following, at the level of law, the procedure for conducting organizations for the education of children with disabilities is established.

The understanding of a pupil with health limitations, a separate training program for each, and the adaptation process are normatively established.

Each compensatory kindergarten for children with disabilities undergoes annual certification. The main thing is compliance with sanitary and hygienic standards in preschool educational institutions (decree of the Chief Sanitary Doctor of the Russian Federation No. 26 of July 10, 2015).

The training program is carried out according to 08/30/13.

Rules for organizing the work of kindergartens for children with disabilities

The learning process is determined in accordance with the child’s capabilities identified earlier or during learning.

After that, the whole order of education goes through the principles:

  1. An individual approach to each child.
  2. Supporting the child’s desire to learn, develop, and keep him active.
  3. Interaction in a social environment.
  4. Diverse development of the child.
  5. Respect for the individuality of the child, but when combining a common group of pupils.
  6. Support for the child’s family and relationships within it.
  7. Dynamics of child development during the entire educational process.

Drawing up individual programs

Kindergarten for children with disabilities appears to be a new world for them. The relationship there should be friendly and conducive to the child’s development towards adulthood.

Teachers of such institutions must do their best when working with such a child, help him understand the world around him

Regarding the individuality of each child in the kindergarten, the management develops educational and training programs.

These programs are established by preschool specialists based on previous communications with the child and his family.

What are these programs? It is a document on the basis of which the procedure for working with children is established after identifying specific health problems and its causes.

The programs include a number of investments:

  1. Understanding of personality and one’s place in the world, perception of the world - emotions, curiosity, behavior, etc.
  2. Speech therapy involves helping to correct a child’s speech. Perhaps he does not pronounce hissing or growling sounds, there are many examples.
  3. Pedagogy, teaching children independent behavior and self-care, showing interest in learning and learning new things.
  4. Study of human rights, his place in society.
  5. Therapeutic and health education, understanding the essence of hygiene, maintaining a healthy lifestyle.
  6. Labor discipline.

Usually, such children have a difficult time getting used to kindergarten. Especially if a child is susceptible to a mental disorder, then his reaction to new people, when he is accustomed only to his mother, things and walls, can manifest itself emotionally.

An adaptation program helps you cope with the procedure for adapting to kindergarten. On average, teachers will need about 2 months to establish contact with the child and bring his trust closer to himself.


After which it becomes easier and you can begin the main directions of education. After getting used to the kindergarten, a rehabilitation program comes into play.

Preschool teachers work on the child’s perception and understanding of society, teaching basic skills and self-care.

What else can be attributed to rehabilitation:

  1. The spiritual development of a child, the manifestation of his creative nature, curiosity about something.
  2. Maintaining a healthy lifestyle, personal hygiene.
  3. Self-analysis of what is happening.
  4. Development of yourself as a person.
  5. Society.

Regarding the education of law, special attention is paid. Here the specifics of the work are carried out in several areas, namely:

  1. The surrounding society.
  2. Child.
  3. Family.

When developing this program, which is not as simple as it seems, some nuances must be taken into account:

Most importantly, such kindergartens must have health programs. First of all, help develop in the child an understanding of the essence and importance of leading a healthy lifestyle, prevent or help prevent the possibility of illness, and carry out preventive measures.

At the proper level, provide support for the baby’s physical health, physical education and health procedures.

Who should visit such institutions?

Only doctors and the commission that issues a decision on the child’s health condition can say for sure which kindergarten is right for you.

If there are no strong deviations, then it is quite possible to attend combined type kindergartens. If there are serious violations, only kindergartens with a specialized area

Features of the classes

Classes are held in the general education program for children. Their perception and understanding of what is happening, what they are required to do, etc.

Of course, following the order of the rules for conducting lessons, but at the same time, not forgetting about the approach to each child as he or she achieves.

Distribution of preschool educational institutions for disabled people in Moscow

In Moscow today there are about 235 kindergarten institutions of this type. This number is growing every year.

Teachers who work in such kindergartens strongly insist on support and government support for their kindergartens, because children with disabilities need a special, individual approach.


The younger generation studying pedagogical specialties should be involved in activities in such preschool educational institutions.

1. I am interested in this question: my child attends kindergarten. I paid a monthly parental fee for my child in the amount of 3,000 rubles. Since 2017, my child has the status of a disabled child, in December 18, I accidentally came from parents who also have a disabled child. I found out that we should not be charged parental fees. I turned to the manager with this question and its solution?
Since January 1919, I have not been charged parental fees for visiting my child. Can I challenge in court the parental fees charged to me from the moment my child’s disability status is established? The kindergarten staff was notified by me that the child had the status of a disabled child from the moment it was established.

Lawyer Malykh A.A., 138431 answers, 49424 reviews, on the site since 12/29/2001
1.1. It's impossible to say for sure. It is necessary to look at the rules for admission and visiting such a children's institution, established by the owner of the institution. Usually these are municipalities. And it is possible to reasonably demand the return of overpayments only if the rules were not publicly available and obligated employees of institutions to warn parents about the availability of such benefits.

2. You can transport a disabled child 2.7 years old to kindergarten without parental accompaniment.


2.1. If the parents write a power of attorney, then it is possible.

3. My disabled child is denied enrollment in the children’s compensatory group, citing lack of places. And they offer another kindergarten in disrepair.

Lawyer Karavaitseva E.A., 57929 answers, 27479 reviews, on the site since 03/01/2012
3.1. Federal Law of December 29, 2012 N 273-FZ (as amended on June 17, 2019) “On Education in the Russian Federation”

Article 67. Organization of admission to studies in basic general education programs

4. Admission to a state or municipal educational organization may be denied only due to the lack of free places in it.

4. I'm a single mother. My child was recently recognized as disabled (he is 5 years old); at the moment he cannot attend kindergarten due to medical reasons. indications (I went before, there is a place in the garden). Is he entitled to compensation for not attending kindergarten and what documents are needed? According to medical indications, there is a certificate (for now for half a year).

Lawyer Orlov V.V., 296 answers, 180 reviews, on the site from 07/10/2019
4.1. There is no compensation for not attending kindergarten; you are only entitled to maintain a place in kindergarten and you are exempt from paying for those days on which your child will be absent.

18. Please how and where should I write about the roads, that the bridge (crossing) is removed every spring, that the village was promised water (pumps) back in 2015. And these are just promises, as on an uninhabited island, it’s not normal to get into the city, not into a kindergarten, at the moment there lives a young family with a disabled child and 2 more children, two grandmothers of whom are already over 80 years old, and the nearest store, pharmacy , clinic, etc., it’s just terrible. There is no road, no water, only summer residents don’t have it in the summer, if you just went there and why did you go there to live? The answer won’t keep you waiting, you can’t buy a mansion with the amount of maternity capital (there is a disabled child in the family), and when the Syusa came to live here there was no such a mess. There are no roads, the bridge is being removed, the wells are not being cleaned, take water, just silt and rubble for a sample. HELP US.

Lawyer Merny M.A., 3013 answers, 1667 reviews, on the site from 05/11/2018
18.1. Hello.
You can write to Artamonov, he is now reacting with lightning speed and within 5-10 days the appropriate commands will be sent down.

19. There is a disabled child in our group. Now a child with behavioral problems is being transferred to our group because the teacher in another group does not want to work with him. Does the head of the kindergarten have the right to transfer this child to our group? The kindergarten is a regular general education kindergarten, with a list of 32 people in the group.


19.1. There is no prohibition in the Federal Law on Education in the Russian Federation No. 273-FZ for such a transfer, which is why the head carries out such a transfer.

20. In a regular child. A disabled child entered kindergarten, a group with 3-year-old children. The mother stated that the child has a tumor on the head that is not covered by the skull, damage or involvement, which can lead to death. The child was admitted without medical assistance. recommendations. But the mother pumps her license so that they are extremely careful with the child! There are very big doubts that the certificate and referral to children. garden were issued to bypass this diagnosis.
Can a child with such a dangerous tumor attend kindergarten? And how to ensure that the authenticity and correctness of the doctor’s conclusion, who admitted the child to a general kindergarten on a general basis, is checked.
In addition, the child has other unspoken diagnoses and lacks all vaccinations.

Lawyer Kalashnikov V.V., 188684 answers, 61693 reviews, on the site from 09.20.2013
20.1. If the certificate is issued and there is nothing like that in it, then the mother can download the license in any way she wants. The teachers and the kindergarten will not be at fault if something happens.

21. I have a disabled child, she is developmentally delayed and does not speak. We visit kindergarten. They strongly recommended that we undergo the PMPK, and there we were given an extract where the recommendations stated that my child could attend the orphanage. part-time kindergarten. And the neurologist writes in his conclusion that the child can spend a full day in kindergarten. For the past 2 years, the manager, citing these recommendations, has not allowed my daughter to attend full-time. The child is still growing and changing. I contacted Rono, but they also refused. All decisions are in words. Help me write a competent application addressed to the head and RONO.

Lawyer Sagadatova A.I., 7 replies, 1 review, online since 11/15/2018
21.1. Good evening!
According to the attached certificate with a part-time school day, this certificate was also issued in 2016. I believe that due to the fact that enough time has passed (more than two years), you need to ask for a referral and sign up for PMPK again; in case of refusal, make an appointment with a psychologist at the clinic for an examination and issue of a conclusion at the time of application.

22. How much should I pay for kindergarten? We are raising two children. The older child is disabled, studies in a special school, and the younger one attends kindergarten?

Lawyer Parfenov V.N., 140972 answers, 61244 reviews, on the site from 05/23/2013
22.1. The amount of parental fees for visiting a kindergarten is set exclusively by your local authorities. Therefore, find out how much you should pay from your local administration.

23. I work in a kindergarten as a physical education instructor, three years ago I underwent optimization and my rate was reduced by 0.5, citing the fact that there are only 4 groups of children, and 2 groups are entitled to 0.25, about a year ago we opened a compensated group, with a disabled child and I have added another group, they raised my rate to 0.75, in total I have 110 people studying, that is, the entire kindergarten, was my rate calculated correctly? And also, when the optimization took place for me, the speech therapist, the psychologist removed some of the rates, citing the order of the Ministry of Labor on the workload for the rate, but for some reason this did not affect the methodologist, although she also does not have so many groups per rate. Is it legal for a manager to apply the law to some employees and cut wages, but not to other employees?

Lawyer Tom A.V., 21801 answers, 10640 reviews, on the site from 11/02/2016
23.1. Hello, dear visitor to the site, the planning and economic department of the Education Department is responsible for calculating rates.

Lawyer Kolkovsky Yu.V., 100,726 answers, 47,003 reviews, on the site from 07/05/2015
23.2. File a complaint with the prosecutor's office and ask them to check the legality of the manager's actions.

Lawyer Okulova I.V., 48,755 answers, 25,128 reviews, on the site since 11/17/2015
23.3. Contact the labor inspectorate and prosecutor's office to check the facts. They had to notify in accordance with Article 74 of the Labor Code of the Russian Federation 2 months in advance.

24. My child, who is disabled according to the mental health plan (3.6 years old), was given a place in a combined type kindergarten, but without passing the PMPK the child was refused to be accepted into the kindergarten. We passed the PMPK and we were given a conclusion, which only states that the child can attend the kindergarten for only 2 hours a day and that we are recommended for rehabilitation in social protection centers and that’s all, not a word about the child himself and his educational route! Because PMPC decisions are advisory in nature, then we planned to leave the child in kindergarten not for 2, but for 4 hours (from morning to lunch), but the kindergarten categorically refuses to accept the child for this time, citing the PMPC decision and threatening to call the police and social services services if we don’t pick up the child in two hours. How can one challenge this absurdity? Does such a “solution” of the PMPC have iron force? What law can one refer to in order to leave a child in the garden until lunch, at least, and not for a measly two hours? Thank you.

Lawyer Galiakhmetova E.A., 361 answers, 246 reviews, on the site since November 20, 2008
24.1. The decision of the PMPC can be appealed. Here is a sample (regarding homeschooling)
To the Central Psychological-Medical-Pedagogical Commission

FULL NAME. legal representative of the child
residing at the address:
address of the child's legal representative

My (me) son/daughter, full name. and the date of birth of the child, “___” 20___ passed an examination in the name of the psychological-medical-pedagogical commission (hereinafter referred to as PMPK) in order to determine the conditions for organizing his/her education in accordance with his/her educational needs.
PMPK recommended individual education at home for my son/daughter (a copy of the conclusion is attached). As the child’s legal representative, I do not agree with such recommendations and believe that they do not meet his/her interests and capabilities.
At the PMPK, I presented the characteristics and recommendations of specialists observing and working with my son/daughter (copies are attached). According to these recommendations, it is advisable for my son/daughter to receive general education in a separate school for mentally retarded children, and education should be carried out in the form of group classes.
The son/daughter has undergone preschool training in the name of the organization, kindergarten, rehabilitation center. The classes were held in a group of children, and the specialists successfully coped with the difficulties of adaptation. I have attached a copy of the specifications.
At school No., which implements an educational program for mentally retarded children, geographically accessible to the son/daughter, an interview was conducted with him/her. Teachers consider it possible for their son/daughter to receive an education at this school.
In accordance with Article 41 of the Federal Law “On Education in the Russian Federation,” home education is carried out if the student needs long-term treatment and if for health reasons he cannot attend educational organizations. There are no medical contraindications for attending school.
Based on the foregoing, I ask you to reconsider the recommendations contained in the conclusion of the PMPC and determine, as the conditions for his/her education, training in a separate school for mentally retarded children in the form of group classes.
“___” ​Signature​Deciphering the signature
Applications:

1) a copy of the PMPC conclusion;
2) a copy of the characteristics from the name of the organization in which the child received preschool education;
3) copies of specialist recommendations: list.

25. I work as a teacher in a mixed preschool group in a kindergarten. In my group there are children from 3 to 7 years old and a child with cerebral palsy. Am I entitled to 56 calendar days vacation?

Student Gerasimova V.V., 1876 answers, 971 reviews, on the site from 02/07/2017
25.1. Natalya, you have the right to additional payment for working with a child with disabilities, parents of such children are entitled to leave, thank you all the best for contacting the site.

26. My child is disabled, goes to kindergarten, I had one incident with one of the teachers of this kindergarten, a personal incident! So now this teacher walks around our village and tells everyone and her relatives, first of all, what kind of child I have, and those relatives, based on her words, came to my house, expressed a negative opinion about my child specifically, looked for me he is disabled... and they wished him death so that he would die quickly, as they put it! So the question is... does this teacher, outside the institution where she works, have the right to disseminate such information about the child and also come to me and insult him? where should I go?

Lawyer Derevyanko S.Yu., 155783 answers, 56965 reviews, on the site from 08/15/2012
26.1. Good day. In case of insult, you can contact the prosecutor's office with a request to bring you to administrative responsibility (5.61 Code of Administrative Offenses of the Russian Federation). Regarding the dissemination of information that does not correspond to reality, you can refute it in court and recover moral damages (152 of the Civil Code of the Russian Federation).

I wish you good luck in resolving your issue.

Lawyer Isaev R.S., 18640 answers, 8148 reviews, on the site from 03/04/2016
26.2. Hello, of course he doesn’t have the right, write a complaint to the Department of Education and the prosecutor’s office, describe the whole situation and let them sort it out, in this case the teacher has no right to behave like that.
Federal Law of January 17, 1992 N 2202-1 (as amended on August 3, 2018) “On the Prosecutor’s Office of the Russian Federation”
Article 10. Consideration and resolution of applications, complaints and other appeals by the prosecutor's office

1. The prosecutor's office, in accordance with their powers, resolves statements, complaints and other appeals containing information about violations of laws. The decision made by the prosecutor does not prevent a person from going to court to protect his rights. A decision on an appeal against a sentence, decision, determination and order of the court can only be appealed to a higher prosecutor.
2. Applications, complaints and other appeals received by the prosecutor's office are considered in the manner and within the time limits established by federal legislation.
3. The response to an application, complaint or other appeal must be motivated. If the application or complaint is refused, the applicant must be explained the procedure for appealing the decision, as well as the right to go to court, if provided by law.
4. The prosecutor, in accordance with the procedure established by law, takes measures to bring to justice persons who have committed offenses.
5. It is prohibited to forward a complaint to the body or official whose decisions or actions are being appealed.

Lawyer Titova T.A., 113285 answers, 49840 reviews, on the site since 02/17/2012
26.3. Hello, this is a violation of your privacy, there is criminal liability for this - Art. 137 of the Criminal Code of the Russian Federation - contact the police
. Violation of privacy (current version)
Criminal Code Chapter 19 Article 137
1. Illegal collection or dissemination of information about the private life of a person, constituting his personal or family secret, without his consent, or dissemination of this information in a public speech, publicly displayed work or the media -

Punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a term of up to three hundred and sixty hours, or by corrective labor for a term of up to one year, or by forced labor for a term of up to two years. with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or arrest for a term of up to four months, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years .

Lawyer Evgrafova E.A., 75007 answers, 28515 reviews, on the site from 04/17/2010
26.4. Hello. Of course not! It is illegal.
You can contact the police department with an application to bring to liability established by law, full name, date, month, year of birth, and other information about this person. Copies of the application can be sent to the Ministry of Education, Rosobrnadzor and the prosecutor's office.
In my opinion, the teacher violates Art. 137 of the Criminal Code of the Russian Federation, since it illegally disseminates information about the personal life of a person who did not give him such consent.
But it is not a fact that the police will admit this. But other compounds may also be found in the actions of this teacher. That’s why I advise you to write a statement specifically about bringing you to legal liability.
In the facts of insult there are signs of composition - Art. 5.61 Code of Administrative Offenses of the Russian Federation.
All the best to you and successful resolution of your problems.

27. Good afternoon, I have such a problem, my husband is an alcoholic, but he works. I want to divorce him, but I have debts from a microfinance organization. We have a disabled child, I take him to doctors and to kindergarten. I work as a child and receive a pension. For now, we live together on my mother-in-law’s property where the child and husband are registered; I am registered in the hostel, which is owned by my mother. The question is who the child will be left with.

Lawyer Kurilova M.A., 17120 answers, 6548 reviews, on the site from 01/12/2012
27.1. As a rule, during a divorce, the child’s place of residence is determined together with the mother. To do this, you need to file a claim, because... Today, in the event of a divorce, the child’s place of residence has already been determined with the father, he is registered with him. Nobody can tell you exactly with whom
If the child disappears, you need to know many circumstances that will be confirmed in court by written evidence and witnesses.

28. I have a disabled child. She filed a claim for “alimony for her ex-wife, raising a disabled child.” I asked for a death certificate.
Tell me what to submit to the court as proof of need?
Standard package: ISU certificate, work book, birth certificate, divorce certificate.
What else should I add? I don't work. We go to rehabilitation. We study at home.
The defendant asks me to refuse alimony. He insists that I can take him to kindergarten and work.
He shows his loan that he needs to pay the loan. That he often goes on sick leave, gets sick... the rent debt is large. He doesn't pay his specialist...
I brought a certificate from the PMPK (for the child) which says that the child can attend kindergarten full-time.
And he says that he is not obliged to support me, but can only support me for a minimal amount...

Lawyer Nekrasov V.Yu., 22431 answers, 7307 reviews, on the site since 06/26/2013
28.1. The right to demand maintenance from a former spouse who has the necessary means for this, including: and a needy spouse caring for a common disabled child until the child reaches the age of eighteen or a common disabled child from childhood of group I. Therefore, you need to prove that you are unable to work due to the need to constantly care for the child, disability is proven by the certificate of medical examination, you have it.
However, due to the presence of a PMPK certificate, in order for you to achieve a positive decision, you will have to conduct a forensic examination, which will decide whether the child can attend kindergarten at all and for how long.
And the fact that “He shows his loan that he needs to pay the loan. That he often goes on sick leave, gets sick... the rent debt is large.” - these are his problems; these circumstances will not matter to the court.

29. My question: at the MBDOU (kindergarten) there is a disabled child in the group. Are the teachers, music director and physical education worker who work with this child entitled to 56 days of leave?

Lawyer Cherednichenko V.A., 193311 answers, 73818 reviews, on the site from 05/12/2015
29.1. If this is a regular educational institution, then no, 56 days of vacation are not allowed. Since 2016, new Federal State Educational Standards have been in force, which introduced inclusive education, therefore all children are accepted into regular educational institutions as healthy.

30. I have a disabled child, mental retardation, mental retardation, non-speaking. September 26th marks 7 years. Can we stay in kindergarten for another year?

Lawyer Parfenov V.N., 140972 answers, 61244 reviews, on the site from 05/23/2013
30.1. Good afternoon Natalya Unfortunately, you will not be able to leave your child in kindergarten for another year. The legislation of the Russian Federation does not provide for the stay of children over 7 years old in kindergartens.

Question:Hello! I live in Moscow Region. My daughter, according to official medicine, is mentally ill - autism. Yes, she is not like everyone else. However, she is not mentally retarded; she has very, very few autistic traits. She communicates well with her younger and older sister, adults, and peers. She’s almost 6 years old, she’s going to school soon, but she hasn’t even been to kindergarten yet.

Due to the specifics of the disease, for social adaptation we need some kind of special kindergarten. In MO, city ... (edited) there is a garden No. ... of the 7th type compensating. But they refused me immediately, as soon as I mentioned in a telephone conversation that the child was disabled. This decision follows from the Charter of the institution.

It turns out that, on the advice of the district psychiatrist, you will have to take the child to one of the Moscow gardens - Mitino or Strogino (20-25 km in traffic jams).

That alone would be fine. Moscow kindergartens also do not accept children, citing the lack of places; they only offer lekoteka.

Now I have a car, but tomorrow I can transfer to public transport, and then three or four hours on the road, starting, for example, at 7 in the morning, will have a “positive” impact on the child during the precious hour of communication with the teacher.

The question is: is the refusal of the administration of kindergarten No. ... to accept my child legal? As far as I know, whether or not to send the child to a correctional institution is my right.

P.S. I still signed up for the PMPC working in this garden. What legal acts can I refer to in a conversation with the administration of the institution?

Vladimir Korzhov, lawyer, answers:

Hello, the question about the legality of the preschool educational institution’s refusal is incorrect, since this refusal was verbal over the phone, and the decision to issue a voucher to the preschool educational institution is usually made by the founder, and not the preschool educational institution. The social status of a disabled child is not reflected in the current legislation as a sign of a preschool education student, therefore this legal criterion by law does not affect his enrollment in a preschool educational institution.

However, simply put, almost everything depends on the PMPC (see Order of the Ministry of Education of the Russian Federation of March 24, 2009 No. 95), which, according to paragraphs. “b” clause 7 of this Order prepares, based on the results of the survey, recommendations for providing children with psychological, medical and pedagogical assistance and organizing their education and upbringing, confirmation, clarification or modification of recommendations previously given by the commission, and also assists the Federal State Institution MSEC in the development of the child’s IPR - disabled person That is, the PMPK can recommend (taking into account your opinion) to enroll your daughter in preschool educational institution No. .... With this recommendation, you need to directly contact the founder of the preschool educational institution (municipality), who will be obliged to issue you a voucher.

It should also be added that the presence of any compensatory restrictions for disabled children in the preschool charter violates the rights of a disabled child and this can be safely appealed (in practice, it is best to write a statement of violation of rights to the prosecutor’s office).

To summarize, according to paragraphs 4 and 7 of the Model Regulations on a Preschool Educational Institution (approved by Decree of the Government of the Russian Federation of September 12, 2008 N 666):

  • The preschool educational institution creates conditions for the realization of the right guaranteed to citizens of the Russian Federation to receive public and free preschool education;
  • a preschool educational institution can carry out rehabilitation of disabled children if it has appropriate conditions.

That is, the preschool educational institution may not carry out the rehabilitation of disabled children (carry out the usual process of upbringing and education) in relation to an individual disabled child if there are relevant recommendations from the PMPC, the founder’s voucher and your application.

Hello!

In accordance with clause 7, clause 27 - clause 28 and clause 45 of the Order of the Ministry of Education and Science of the Russian Federation (Ministry of Education and Science of Russia) dated October 27, 2011 N 2562 Moscow "On approval of the Model Regulations on a Preschool Educational Institution"

A preschool educational institution can carry out rehabilitation of disabled children if appropriate conditions are available in the institution.

Children with disabilities and disabled children are accepted into compensatory and combined groups only with the consent of their parents (legal representatives) on the basis of the conclusion of the psychological, medical and pedagogical commission.

When admitting children with disabilities and disabled children to preschool educational institutions of any type, the preschool educational institution is obliged to provide the necessary conditions for organizing correctional work, in groups for the supervision and care of children - conditions that take into account the characteristics of their psychophysical development.

P When children with disabilities and disabled children are included in the composition of the pupils of a preschool educational institution, the material and technical base of the preschool educational institution must ensure the possibility of their unhindered access to the premises of the preschool educational institution, as well as their stay in these premises (presence of ramps, handrails, extended doorways, elevators, special chairs and other conditions). Children with disabilities and disabled children have the right to use the necessary technical means, as well as the services of an assistant (assistant) who provides them with the necessary technical assistance.

That is, a preschool educational institution is obliged to provide conditions for organizing correctional work with your child. In this case, your child has the right to use the services of an assistant (assistant).

LETTER OF THE MINISTRY OF EDUCATION OF THE RUSSIAN FEDERATION OF JUNE 7, 94 N 58-M (*1) ON THE REALIZATION OF CHILDREN’S RIGHTS IN ADMISSION TO PRE-SCHOOL AND GENERAL EDUCATIONAL INSTITUTIONS explained

In accordance with the Law of the Russian Federation "On Education" (Article 32, paragraph 2 "o") *3, a preschool educational institution has the right to independently form a contingent of students within the quota specified by the license, unless otherwise provided by the Model Regulations on this type of educational institution and the Law . Admission of children to preschool educational institutions is carried out in the prescribed manner on the basis of an application from parents (persons replacing them). A preschool educational institution is obliged to provide supervision, care, education and training of children, taking into account the individual characteristics of each child. The selection of children into a preschool educational institution and their dropout from it is not allowed. With the consent of the parents and on the recommendation of a psychological, medical and pedagogical consultation, children can be sent to preschool educational institutions of a compensatory type or to other preschool educational institutions that have conditions for correctional work with children. Educational authorities, on the basis of a data bank on the priority order for the placement of children and the availability of free places in preschool educational institutions, inform parents (persons replacing them) about the forms, content and methods of work of various preschool educational institutions and maximally ensure the satisfaction of their educational needs based on existing conditions .

That is, a preschool educational institution is obliged to provide supervision, care, education and training of children, taking into account the individual characteristics of each child. The selection of children into a preschool educational institution and their dropout from it is not allowed. Therefore, the preschool educational institution has the right to recommend that you hire a nanny, but does not have the right to require you to conclude the specified Agreement.

The procedure for paying for the stay of a child in a preschool educational institution is established by the MOSCOW GOVERNMENT RESOLUTION OF JANUARY 31, 2006 N 62-PP "ON THE PROCEDURE FOR DETERMINING THE FEE CHARGED FROM PARENTS (LEGAL REPRESENTATIVES) FOR THE CONTENT OF CHILDREN IN PUBLIC EDUCATIONAL INSTITUTIONS EXPECTATIONS OF THE SYSTEM OF THE EDUCATION DEPARTMENT OF THE CITY OF MOSCOW, IMPLEMENTING GENERAL EDUCATIONAL PROGRAMS OF PRESCHOOL EDUCATION, PRE-SCHOOL EDUCATIONAL INSTITUTIONS OF THE SYSTEM OF THE DEPARTMENT OF HEALTH OF THE CITY OF MOSCOW AND PRESCHOOL EDUCATIONAL INSTITUTIONS OF THE SYSTEM OF THE DEPARTMENT OF SOCIAL PROTECTION CITY OF MOSCOW".

The monthly payment is set at 50 to 110 percent of the minimum wage approved by Federal Law No. 82-FZ of June 19, 2000.
The categories of families and parents (legal representatives) who are provided with benefits in payment for the maintenance of children and exemption from payment are determined. Payment for child support is made according to the actual number of days of his stay in a state educational institution.

According to clause 4- of the Resolution, from fees for the maintenance of children in state educational institutions of the system of the Department of Education of the city of Moscow, implementing general educational programs of preschool education, preschool educational institutions of the system of the Department of Health of the city of Moscow and preschool educational institutions of the system of the Department of Social Protection of the population of the city of Moscow in the amount of 100% exempt:

Families with a disabled child under 18 years of age.

That is, you have the right to be exempt from paying for the maintenance of a child in a preschool educational institution.

At the same time, there are no special requirements for the admission of children to preschool educational institutions of the Ministry of Defense of the Russian Federation.

Sincerely, F. Tamara

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 state preschool institutions (kindergartens)

(Basis: Article 18 of the Law “On Social Protection of Disabled Persons 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 “Regulatory Documents” section for 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), in addition to other documents, the conclusion of the regional psychological, medical and pedagogical commission is required. 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

Related publications