Legal Regulation of Health Restrictions and Current Law Enforcement Practices in the Organization of Training

Sergey Sergeevich Neustroev,Valeriya Sergeevna Molchanova,Svetlana Evgenevna Dovbysh,Anna Alexandrovna Arinushkina,Maksim Borisovich Bakhtin,Tamara Shikhgasanovna Shikhnabieva

doi:10.7596/taksad.v7i2.1531

Sergey Sergeevich Neustroev, Valeriya Sergeevna Molchanova + Show 4 more

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https://doi.org/10.7596/taksad.v7i2.1531

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Abstract

The article provides an overview of the legislation of the Russian Federation regulating special features of education for persons with disabilities. The focus is on both national and local legislative acts, regulating health restrictions in education. First, we review the legislation on special conditions created for students with limited health opportunities in educational organizations. Second, we conduct a thematic review of court decisions on ensuring the rights of persons with limited health opportunities to receive education. The article also presents results of our analysis and reviews the current law enforcement practice on ensuring the rights of persons with disabilities on education, as well as considers additional rights and measures of social support for persons with disabilities in connection with their participation in educational relations. In addition, we analyze and generalize new trends in legal regulation on the implementation of educational activities according with adapted educational programs for the students with disabilities. The article concludes with the following statements: (a) a systemic analysis of the legislation can be used with the aim of improving the implementation of the adapted educational programs; (b) the legislation can be improved via special proposals that determine the features of education for children with limited health opportunities.

Highlights

The issues of determining the need to modify the educational process and the development of regulations for its inclusion in the national legal field have been extensively studied in the contemporary scholarship (Malofeev, 2010; Palhaeva & Zhukova, 2017; Khudorenko, 2010; Zhavoronkov, 2011; Bevzyuk, 2016)
Paragraph 1 of Article 2 of the Law of Moscow No 16 of April 28, 2010 on Education of Persons with Disabilities in the City of Moscow (Moscow State Duma, 2010) determines “limited health opportunities” as any loss of a mental, physiological or anatomical structure or function, or deviation from them, entailing a complete or partial restriction of the ability to carry out household, social, professional or other activities in a way and in a volume that are considered normal for a person, taking into consideration age, social, and other factors
We review the legislation on special conditions created for students with limited health opportunities in educational organizations

Summary

Introduction

The issues of determining the need to modify the educational process and the development of regulations for its inclusion in the national legal field have been extensively studied in the contemporary scholarship (Malofeev, 2010; Palhaeva & Zhukova, 2017; Khudorenko, 2010; Zhavoronkov, 2011; Bevzyuk, 2016). Paragraph 1 of Article 2 of the Law of Moscow No 16 of April 28, 2010 on Education of Persons with Disabilities in the City of Moscow (Moscow State Duma, 2010) determines “limited health opportunities” as any loss of a mental, physiological or anatomical structure or function, or deviation from them, entailing a complete or partial restriction of the ability to carry out household, social, professional or other activities in a way and in a volume that are considered normal for a person, taking into consideration age, social, and other factors. In Article 1 of the Federal Law No 181-FZ of November 24, 1995 on Social Protection of Persons with Disabilities in the Russian Federation (Garant, 1995), there are the following definitions:

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