Law on Inclusive Education: Expectations and Realities.
Ukraine has finally created access to educational services for children with special needs. At least, that’s what the Ministry of Education and the Government say. All necessary laws and regulations have been adopted, an algorithm has been developed, and money has been allocated. But is it really that simple and easy? Let’s try to understand.
Legal field of inclusion .
1. Law of Ukraine " On Education " . In particular, Articles 19 ("Education of Persons with Disabilities") and 20 ("Inclusive Education"). Article 20 states that “when applying for a person with special educational needs or his / her parents, such groups and classes are created in a mandatory manner !!!
2. From the laws of Ukraine "On Amendments to the Law of Ukraine" On Education " Concerning the Peculiarities of Access of Persons with Special Educational Needs to Educational Services" (№ 6437).
3. Resolution of the Cabinet of Ministers on amendments to the organization of inclusive education .
4. Order of the Cabinet of Ministers of August 9, 2017 " On the National Strategy for Reforming the Institutional Care and Upbringing of Children for 2017-2026 and the action plan for its implementation of the first stage"
5. Cabinet Resolution of July 12, 2017 " On approval of the Regulations center " .
The list, of course, is not complete, but we have covered the basic laws and regulations.
How should everything be in accordance with the law?
The basis for the organization of a class with inclusive education is the statement of the parents or legal representatives of the child with special educational needs, which is supported by the conclusion of the psychological, medical and pedagogical consultation (PMPC).
An application for inclusive education should be submitted one year before the desired year of study, so that the school has time to prepare the necessary conditions for this.
An individual development plan should be developed for each child with special needs at school, and the schedule of lessons should be made taking into account the individual features of their educational and cognitive activities, the dynamics of mental capacity, and so on.
Among the children who have the right to study in an inclusive class are children with dyslexia.Having at least one such child is the basis for creating an inclusive class.
In order to meet the educational and social needs of the child, it is allowed to involve social workers, parents or persons authorized by them. Previously, only a teacher’s assistant was present at the school for this purpose, the Ministry of Education and Science said.
To ensure the effectiveness of the educational process in the classroom with inclusive education, the number of students with special educational needs is: one - three children from among children with musculoskeletal disorders, mental retardation, low vision or hearing, mild intellectual disabilities and more. Restrictions on class occupancy have been lifted.
If the child needs additional equipment (ramp, elevator, etc.), the school is obliged to provide it, using the funds of the educational subvention.
Who finances?
This is stated in the Resolution " On approval of the subvention from the state budget to local budgets for state support to persons with special educational needs of February 14, 2017"
1. The subvention is aimed at providing state support to persons with special educational needs studying in special and inclusive classes of general educational institutions (except for boarding schools and training and rehabilitation centers).
2.The subvention is allocated for the education of children with blind and visually impaired, deaf and hard of hearing, with severe speech impairments, mental retardation, musculoskeletal disorders, mental disorders, mental disorders, complex developmental disorders (including autistic disorders). spectrum).
What expenses are paid by the state subsidy?
1. Provision of additional correctional and developmental classes (services) defined by the individual child development program developed by a group of specialists consisting of the Deputy Director for Educational Work, teachers, teacher’s assistant, practical psychologist, correctional teacher and others with mandatory involvement parents or persons replacing them, and approved by the director of the secondary school;
2.Acquisition of special means of correction of psychophysical development, equipment, didactic material and special visual aids that allow the child to perform an individual program of its development. Funds in the amount of not more than 20 percent of the total expenditures for each child of a certain general education institution that needs state support are used to purchase these funds.
If there are problems with funding.
If you have questions about funding, you should turn to specialists who are responsible for resolving these issues and provide official clarifications. Namely: financial departments, department of economy and financing of the Ministry of Education and Science of Ukraine . This will speed up the process of providing targeted assistance to children with special educational needs.
Realities.
As always, de jure and de facto are not the same thing. Parents who apply to educational institutions often face rejections and excuses. According to the Ministry of Education and Science, only 9% of Ukrainian schools joined the implementation of the Law. The arguments are different: the school is not ready to accept special children; no necessary equipment; "Fear" of teachers before special children, etc. It should be noted that the last excuse is illegal. The only reason a teacher may refuse an inclusive class is insufficient qualifications.
Many school principals say the law is ahead of schedule. That sufficient human resources and conditions have not been created for its implementation yet.
If you are denied.
Contact usto the department or district education department.
You can also apply directly to the Ministry of Education and Science, to the Department of Education of Children with Special Needs. Head of the department - S imonenko Tetyana Vasylivna (044) 481-47-65 , office 126. Address: Kyiv, 10 Peremohy Ave.
Expert advice.
Oksana Trushyk, founder of the Lado Specialized Center for Children with Developmental Disabilities , warns parents to be prepared for rejection. In addition, at any stage. However, you should not give up and confidently, though sometimes slowly, go to your goal.
Unfortunately, parents often have to deal with pressure and reluctance from officials. But you have to know your rights, react calmly, do not allow yourself to be out of balance and do not doubt that sooner or later the ice will break.
1. If you are already in a situation where you are told "no, it is impossible", ask to indicate the regulations that govern the one who refuses you.
Calmly, without being overwhelmed by screams and emotions, say: "Please tell me the document, number, date of acceptance, which you are guided by, and in which I could read about it."
2. Remove the pen or open a file on your phone to record.
3.If you continue to be pressured, shouted, spoken menacingly / plaintively / tearfully, wait. After a while, repeat your question with the pen ready.
4. If you received a clear answer, write it down and say that you will now go to study this document and come back when you study.
5. If you do not receive answers, continue to ask questions. “What and where do I need to write a statement / request / claim / complaint? You can’t help me, but who can? You do not remember the number of the resolution on the basis of which you refuse me, consult with colleagues, I will wait. "
6.Leave your phone number (it is better for each participant in the process, bring a piece of paper with you) with the words “I understand that there is a situation of misunderstanding now, maybe we should all calm down. Here is my number, as soon as you find out what will help me and my child to realize their rights, dial me.
Author Ulyana Lisak
Legal field of inclusion .
1. Law of Ukraine " On Education " . In particular, Articles 19 ("Education of Persons with Disabilities") and 20 ("Inclusive Education"). Article 20 states that “when applying for a person with special educational needs or his / her parents, such groups and classes are created in a mandatory manner !!!
2. From the laws of Ukraine "On Amendments to the Law of Ukraine" On Education " Concerning the Peculiarities of Access of Persons with Special Educational Needs to Educational Services" (№ 6437).
3. Resolution of the Cabinet of Ministers on amendments to the organization of inclusive education .
4. Order of the Cabinet of Ministers of August 9, 2017 " On the National Strategy for Reforming the Institutional Care and Upbringing of Children for 2017-2026 and the action plan for its implementation of the first stage"
5. Cabinet Resolution of July 12, 2017 " On approval of the Regulations center " .
The list, of course, is not complete, but we have covered the basic laws and regulations.
How should everything be in accordance with the law?
The basis for the organization of a class with inclusive education is the statement of the parents or legal representatives of the child with special educational needs, which is supported by the conclusion of the psychological, medical and pedagogical consultation (PMPC).
An application for inclusive education should be submitted one year before the desired year of study, so that the school has time to prepare the necessary conditions for this.
An individual development plan should be developed for each child with special needs at school, and the schedule of lessons should be made taking into account the individual features of their educational and cognitive activities, the dynamics of mental capacity, and so on.
Among the children who have the right to study in an inclusive class are children with dyslexia.Having at least one such child is the basis for creating an inclusive class.
In order to meet the educational and social needs of the child, it is allowed to involve social workers, parents or persons authorized by them. Previously, only a teacher’s assistant was present at the school for this purpose, the Ministry of Education and Science said.
To ensure the effectiveness of the educational process in the classroom with inclusive education, the number of students with special educational needs is: one - three children from among children with musculoskeletal disorders, mental retardation, low vision or hearing, mild intellectual disabilities and more. Restrictions on class occupancy have been lifted.
If the child needs additional equipment (ramp, elevator, etc.), the school is obliged to provide it, using the funds of the educational subvention.
Who finances?
This is stated in the Resolution " On approval of the subvention from the state budget to local budgets for state support to persons with special educational needs of February 14, 2017"
1. The subvention is aimed at providing state support to persons with special educational needs studying in special and inclusive classes of general educational institutions (except for boarding schools and training and rehabilitation centers).
2.The subvention is allocated for the education of children with blind and visually impaired, deaf and hard of hearing, with severe speech impairments, mental retardation, musculoskeletal disorders, mental disorders, mental disorders, complex developmental disorders (including autistic disorders). spectrum).
What expenses are paid by the state subsidy?
1. Provision of additional correctional and developmental classes (services) defined by the individual child development program developed by a group of specialists consisting of the Deputy Director for Educational Work, teachers, teacher’s assistant, practical psychologist, correctional teacher and others with mandatory involvement parents or persons replacing them, and approved by the director of the secondary school;
2.Acquisition of special means of correction of psychophysical development, equipment, didactic material and special visual aids that allow the child to perform an individual program of its development. Funds in the amount of not more than 20 percent of the total expenditures for each child of a certain general education institution that needs state support are used to purchase these funds.
If there are problems with funding.
If you have questions about funding, you should turn to specialists who are responsible for resolving these issues and provide official clarifications. Namely: financial departments, department of economy and financing of the Ministry of Education and Science of Ukraine . This will speed up the process of providing targeted assistance to children with special educational needs.
Realities.
As always, de jure and de facto are not the same thing. Parents who apply to educational institutions often face rejections and excuses. According to the Ministry of Education and Science, only 9% of Ukrainian schools joined the implementation of the Law. The arguments are different: the school is not ready to accept special children; no necessary equipment; "Fear" of teachers before special children, etc. It should be noted that the last excuse is illegal. The only reason a teacher may refuse an inclusive class is insufficient qualifications.
Many school principals say the law is ahead of schedule. That sufficient human resources and conditions have not been created for its implementation yet.
If you are denied.
Contact usto the department or district education department.
You can also apply directly to the Ministry of Education and Science, to the Department of Education of Children with Special Needs. Head of the department - S imonenko Tetyana Vasylivna (044) 481-47-65 , office 126. Address: Kyiv, 10 Peremohy Ave.
Expert advice.
Oksana Trushyk, founder of the Lado Specialized Center for Children with Developmental Disabilities , warns parents to be prepared for rejection. In addition, at any stage. However, you should not give up and confidently, though sometimes slowly, go to your goal.
Unfortunately, parents often have to deal with pressure and reluctance from officials. But you have to know your rights, react calmly, do not allow yourself to be out of balance and do not doubt that sooner or later the ice will break.
1. If you are already in a situation where you are told "no, it is impossible", ask to indicate the regulations that govern the one who refuses you.
Calmly, without being overwhelmed by screams and emotions, say: "Please tell me the document, number, date of acceptance, which you are guided by, and in which I could read about it."
2. Remove the pen or open a file on your phone to record.
3.If you continue to be pressured, shouted, spoken menacingly / plaintively / tearfully, wait. After a while, repeat your question with the pen ready.
4. If you received a clear answer, write it down and say that you will now go to study this document and come back when you study.
5. If you do not receive answers, continue to ask questions. “What and where do I need to write a statement / request / claim / complaint? You can’t help me, but who can? You do not remember the number of the resolution on the basis of which you refuse me, consult with colleagues, I will wait. "
6.Leave your phone number (it is better for each participant in the process, bring a piece of paper with you) with the words “I understand that there is a situation of misunderstanding now, maybe we should all calm down. Here is my number, as soon as you find out what will help me and my child to realize their rights, dial me.
Author Ulyana Lisak