On Social and Medical Pedagogical Correctional Assistance for Children with Disabilities

The Law of the Republic of Kazakhstan dated 11 July 2002 No. 343

      This Law determines the forms and methods of social, medical and pedagogical correctional assistance for children with disabilities, is oriented to creation of effective help system for children with defects in development, solution of problems linked with their nurturing, teaching, labour and professional training, preventive treatment of children’s disability.

Chapter 1. General provisions

Article 1. Terms and definitions used in this Law

      The following terms and definitions are used in this Law:
      1) social and medical pedagogical correctional assistance for children with disabilities – the activity of educational organizations of social protection of population, health care service representing special social, medical and educational services ensuring conditions to children with disabilities for overcoming and compensation of the restriction of life activity and oriented to creation of possibilities for participating in public life equally with other citizens;
      2) child (children) with disabilities – a child (children) with physical and (or) mental defects under eighteen years having restriction of life activity conditioned by congenital, hereditary, acquired diseases or consequences of injuries confirmed in established manner;
      3) “risk” group child – a child (children) under three years having high possibility of delay in physical and (or) mental development in the absence of early interruption and rendering of social and medical pedagogical correctional assistance;
      4) physical defect – stable violation of development and (or) functioning of organ (organs) requiring long termed social, medical and correctional pedagogical assistance;
      5) mental defect – temporary or permanent defect in development and (or) functioning of the mentality of a human including: consequences of sensory defects; speech disorder; defect of emotional-volitional sphere; consequences of brain injury; defect of mental development including mental retardation; delay of mental development and specific difficulties in teaching linked with it;
      6) complex defect – any combination of mental and physical defects;
      7) grave defect – mental and (or) physical defect expressed in such a grade that education in accordance with the state (including special) educational standards is unavailable and possibilities of education are restricted by mastering the skills of self-service, rudimentary knowledge on environment and simple labour skills or particular professional training;
      8) early interruption (early assistance) – social and medical pedagogical correctional assistance of children of the tender age (under three years) including screening of psychophysical defects, medical psychological-pedagogical diagnostics, treatment, developing training;
      9) social adaptation – active adaptation of children with disabilities to conditions of social environment by acquisition and perception of values, rules and standards of behavior accepted in society, and labour training in the process of purposeful social and medical pedagogical correctional assistance;
      10) social work – activity on rendering of assistance to separate persons, families in implementation of their social rights and guarantees by compensation of defected or lost functions impeding to their full social functioning;
      11) screening – mass standardize examination for the purpose of detection of the “risk” group children;
      12) medical and mental pedagogical diagnostics – complex cross-disciplinary rate of psychophysical development of children for detection of different defects and determination of adequate conditions for treatment, teaching and nurturing;
      13) medical rehabilitating – complex of medical measures oriented to treatment, restoration of defected or lost functions of organism;
      14) special educational programs – programs designed for teaching of children with disabilities;
      15) special education – education provided to children with disabilities with creation of special conditions;
      16) special educational conditions – conditions for receipt of special education including technical and other supporting means, as well as medical, social and other services without which the mastering of educational programs by children with disabilities is impossible;
      17) special educational organizations – organizations created for diagnostics and counseling, teaching and nurturing of children with disabilities: psychological medical pedagogical counseling, rehabilitating centres, offices of psychological pedagogical correction, kindergartens, logopedic rooms in schools and other organizations;
      18) special correctional organizations – organizations for children with disabilities in development:
      with hearing disorder (deaf, hearing impaired, late deaf);
      with vision disorders (visionless, visually impaired, late blind);
      with supporting-motor apparatus disorders;
      with speech disorder;
      with mental retardation;
      with delay of mental development;
      with emotional-volitional sphere and behavior disorder;
      with complex defects including with deafblindness;
      19) psychological examination – determination of special aspects of mental condition and potential possibilities of mental development of children with disabilities;
      20) social survey – determination of the grade of social deficiency that may be conditioned by restriction of physical independence, mobility, ability to engage in ordinary activities, economic self-reliance and ability to integration in society considering age standards for children of the relevant age;
      21) medical examination – determination of the type, gravity of defect (absence) of the function (functions) of separate organ or organism in general conditioning the restriction of life activity of children;
      23) pedagogical examination – determination of special aspects of intellectual development of children and their potential possibilities to play activity, obtaining of education and communication considering the age standards for children of the relevant age;
      23) professional diagnostics – determination of potential possibilities of children to mastering and performance of the skills of labour activity or profession considering existing mental and (or) physical defect;
      24) individual program of rehabilitating of a child with disabilities – the list of medical, psychological, pedagogical and social measures oriented to restoration of ability of a child to communal, public, professional activity in accordance with the structure of his (her) needs, circle of interests, level of aspiration considering forecasting of the level of his (her) somatic condition, psychophysical endurance, social status of family and possibilities of social infrastructure;
      25) authorized state body (hereinafter – authorized body) – central executive bodies carrying out management in the field of protection of health of citizens, education, social protection of population.

Article 2. Legislation of the Republic of Kazakhstan on social
and medical pedagogical correctional assistance of children
with disabilities

      1. The legislation of the Republic of Kazakhstan on social and medical pedagogical correctional assistance of children with disabilities is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
      2. If international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, the rules of international treaty shall be applied.
      3. Relations linked with state assistance of orphaned children, children with mental diseases, needy families and other categories of persons being in need of state assistance shall be regulated by this Law inasmuch as it is linked with social and medical pedagogical correctional assistance of children with disabilities.

Article 3. Social and medical pedagogical correctional
assistance of children with disabilities, its purposes,
tasks and principles

      1. Social and medical pedagogical correctional assistance of children with disabilities shall begin from the birth of the child until his (her) attainment of majority age by conduct of mass complex medical, psychological, pedagogical and social examinations and professional diagnostics, development of individual program of rehabilitating, rendering of medical, pedagogical, psychological, social services and labour training.
      2. The purposes of social and medical pedagogical assistance are:
      1) early (from the birth) detection of congenital and hereditary diseases, deviations from normal development;
      2) preventive treatment of delay and defects in development of children, prevention of the severe forms of disability;
      3) recession of level of children’s disability;
      4) compensation or restoration of physical, mental and other abilities of children with disabilities, realization of their social rights, assistance of the most fullest their social adaptation.
      3. Tasks of social and medical pedagogical correctional assistance are:
      1) creation of the unified state system of detection and recording of children with disabilities;
      2) development of the network of organizations carrying out special educational and special social services;
      3) social adaptation of children with disabilities;
      4) social assistance of families having the children with disabilities;
      5) staff, scientific and organizational methodical assistance of organizations carrying out social and medical pedagogical correctional assistance;
      6) integration of the activity of organizations of social protection of population, health care service, education on the issues of social and medical pedagogical correctional assistance of children with disabilities.
      4. Social and medical pedagogical correctional assistance is based on the following principles:
      1) guarantee rendering of social assistance and rehabilitating assistance for children with disabilities and their families;
      2) assistance of family having a child with disabilities, and specialists of organizations carrying out social and medical pedagogical correctional assistance;
      3) availability and equal rights of children for early assistance and education independently from the grade of restriction of abilities, age, social status;
      4) individuality of approach to each child and differentiation of rendering social and medical pedagogical correctional assistance.

Chapter 2. State regulation of the issues of social and
medical pedagogical correctional assistance for children
with disabilities

Article 4. Competence of the Government of
the Republic of Kazakhstan

      The Government of the Republic of Kazakhstan shall:
      1) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      2) determine the standards of social service and social security in the field of social and medical pedagogical correctional assistance for children with disabilities;
      3) approve gratuitous guaranteed volume of medical aid in the scope of social and medical pedagogical correctional assistance for children with disabilities upon recommendation of the authorized body in the field of protection of health of citizens;
      4) determine the procedure for development, approval of state generally accepted educational standards of special pre-school nurturing and teaching and special primary, main secondary, general secondary education for children with disabilities;
      5) perform other functions imposed on it by the Constitution, Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      Footnote. Article 4 as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 320 (the order of enforcement see Article 2); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 5. Competence of the authorized body in the field of
protection of health of citizens

      Authorized body in the field of protection of health of citizens shall:
      1) determine procedure for organizing the screening for maximum early detection of the “risk” group children in obstetric institutions, child health centres, institutions of primary health care and direction of detected “risk” group children and with disabilities to psychological medical pedagogical counseling;
      2) determine procedure for organizing diagnostics, treatment of different types of pathology of children with physical and (or) mental defects;
      3) ensure training of general practitioners, pediatrists and paramedical workers jointly with the authorized body in the field of education on the issues of early detection of the “risk” group children;
      4) promote use of international experience on diagnostics and treatment of children with disabilities;
      5) carry out other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).

Article 6. Competence of the authorized body in the field
of education

      Authorized body in the field of education shall:
      1) establish state educational standards of special pre-school nurturing and teaching and primary, main secondary, general secondary education;
      2) determine unified principles and standards of special educational conditions for all the educational organizations;
      2-1) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) determine limit occupation of special classes (groups) where children with disabilities study;
      4) establish the list of types and forms of special educational organizations; determine necessary quantity of places in educational organizations for persons being in need of special education;
      5) establish compulsory minimum requirements to material and technical and educational-methodical equipment and ensuring of educational organization carrying out teaching of children with disabilities;
      6) determine methods of attesting the educates;
      7) develop and approve standard requirements for technical means of teaching the children with disabilities jointly with the authorized bodies in the field of protection of health of citizens, social protection;
      8) carry out coordination of activity on scientific methodical ensuring of educational organizations;
      9) carry out state control of performance of the legislation of the Republic of Kazakhstan and regulatory legal acts in the field of special education;
      10) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      11) (is excluded)
      12) carry out other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 27.07.2007 No. 320 (the order of enforcement see Article 2); dated 19.03.2010 No. 258-IV; dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 7. Competence of the authorized body in the field
of social protection of population

      Authorized body in the field of social protection shall:
      1) (is excluded);
      2) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) determine functions and character of activity of social employees, establish the list of specialties and qualification requirements to them, render methodical assistance to social employees;
      4) develop social standards, types and forms of providing special social services;
      5) (is excluded);
      6) is excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      7) develop the standards of social service, procedure for gratuitous social service;
      8) is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      9) carry out other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2015); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 8. Competence of bodies of local government

      1. Local representative bodies of oblast, city of republican significance, the capital shall carry out the powers on ensuring of rights and legal interests of citizens in accordance with the legislation of the Republic of Kazakhstan.
      2. Local executive bodies of oblast (city of republican significance, the capital) shall:
      1) develop provision on department of social assistance at home for children with disabilities from among disabled persons, create departments of social assistance at home;
      2) carry out material technical ensuring of state organizations engaged in the issues of social and medical pedagogical correctional assistance for children with disabilities;
      3) organize screening in the institutions of primary health care, child health centres, obstetric institutions;
      4) ensure direction of the “risk” group children detected in the result of screening to psychological medical pedagogical counseling with the agreement of parents and other legal representatives;
      5) organize teaching of children with disabilities in special educational organizations and create conditions for their teaching in other educational organizations;
      6) (is excluded)
      7) plan and organize retraining, raise of qualification and attestation of staff working in special educational organizations and in the scope of detection, recording and correction of mental and (or) physical defects;
      8) coordinate activity on organization and rendering of social assistance on care of children with gross defects;
      9) ensure realization of rights for guaranteed medical service and gratuitous education in compliance with general state standards, as well as receipt of social assistance and special social services;
      10) ensure protection of rights and counselling assistance for families raising the children with disabilities;
      11) assist in arrangement of labour of children with disabilities;
      12) carry out other powers imposed on local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local government.
      3. Psychological medical pedagogical counseling shall be created for sixty thousands of child population, rehabilitating centres – in cities of republican and oblast significance, offices of psychological pedagogical correction – in district centres by the decision of akim of oblast (city of republican significance, the capital).
      Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 3. Activity on rendering of social medical
pedagogical correctional assistance for children
with disabilities

Article 9. Organizations rendering medical, special educational
and special social services for children with disabilities

      1. Medical services shall be carried out by: organization of maternity and child welfare service, organizations of primary health care, counseling diagnostics health centres, medical rehabilitating centres independently from legal organizational forms.
      2. Medical services shall include:
      1) mass standardize examination of children of the tender age for the purpose of detection of the “risk” group children (screening);
      2) depth diagnostics of congenital, hereditary and acquired pathology;
      3) medical correction and rehabilitating of children with deviations in psychophysical development;
      4) other services rendered in accordance with the legislation of the Republic of Kazakhstan.
      3. Special educational services for children with disabilities shall be rendered by special organizations: psychological medical pedagogical counseling, offices of psychological pedagogical correction, rehabilitating centres, logopedic rooms, kindergartens and other special correctional organizations in the manner established by the legislation of the Republic of Kazakhstan on education.
      4. Special educational services shall include:
      1) depth and complex examination of children for the purpose of detection of special aspects of their intellectual development and determination of their possibilities for choosing the type and form of education and nurturing;
      2) psychological pedagogical correction, teaching and nurturing of children of early, pre-school and school age with disabilities;
      3) labour nurturing, professional diagnostics;
      4) technical and professional, post-secondary, higher education;
      5) other services rendered in accordance with the legislation of the Republic of Kazakhstan.
      5. Organizations rendering special social services: institutions of social protection of population, organizations on production of prosthetic and orthopaedic appliances, manufacturing of technical and supporting means.
      6. Special social services shall include:
      1) rendering of social assistance in the manner established by the legislation of the Republic of Kazakhstan in the field of social protection of disabled persons;
      2) provision of services on prosthesis and supply of prosthetic and orthopaedic appliances;
      3) supply of special technical and compensational means;
      4) rendering of counseling assistance to families raising the children with disabilities;
      5) rendering of service of social employees.
      Legal status of social employees shall be determined by the legislative acts of the Republic of Kazakhstan.
      Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 27 July 2007 No. 320 (the order of enforcement see Article 2).

Article 10. Psychological medical pedagogical counseling

      1. Psychological medical pedagogical counseling is the state institutions carrying out conduct of diagnostics and psychological medical pedagogical examination of the children with disabilities for the purpose of establishment of indications for social and medical pedagogical correctional assistance, determination of the type and form of education, drawing up of individual program of rehabilitating.
      Organization of activity of psychological medical pedagogical counseling shall be determined by the rules approved by the authorized body in the field of education in coordination with the authorized bodies in the field of protection of health of citizens and in the field of social protection of population.
      2. Psychological medical pedagogical counseling shall direct the children with disabilities to in-patient correctional and other organizations for receipt of medical, special educational and special social services only with the agreement of parents and other legal representatives.
      Footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 20 December 2004 No. 13 (shall be enforced from 1 January 2015).

Article 11. Educational organization of the children
with disabilities

      1. In accordance with the conclusion of psychological medical pedagogical counseling and individual teaching plan, the children with disabilities may obtain pre-school nurturing and education from three years, primary and main secondary education from the age of seven-ten years. By this, the length of primary and main secondary education in accordance with the state educational programs may not be less than ten years.
      In existence of indications on conclusion of psychological medical pedagogical counseling, the nurturing and teaching of the children with disabilities shall be carried out individually and gratuitously at home.
      2. Children with disabilities shall have the right to obtain education in the manner established by the legislation of the Republic of Kazakhstan on education.
      The state shall assist of professional training of the children with disabilities.
      Footnote. Article 11 as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 320 (the order of enforcement see Article 2); dated 07.12.2009 No. 222-IV (the order of enforcement see Article 2).

Article 12. State statistical reporting

      Footnote. Article 12 is excluded by the Law of the Republic of Kazakhstan dated 19.03.2010 No. 258-IV

Article 13. Financing of social and medical pedagogical
correctional assistance

      Financing of social and medical pedagogical correctional assistance shall be carried out at the expense of budget funds, as well as other sources not prohibited by the legislation of the Republic of Kazakhstan.
      Footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005).

Article 14. Labour activity and professional education of the
children with disabilities

      1. Children with disabilities may obtain professional education in accordance with the legislative acts of the Republic of Kazakhstan on education.
      2. Labour training of the children with disabilities shall be conducted in a family, in special educational organizations. For determination of possibilities and character of future profession activity of the children with disabilities, the professional diagnostics shall be conducted in professional counseling centres, special education organizations.
      3. Technical and professional education of the children with disabilities shall be carried out in special educational organizations, special correctional organizations.
      Footnote. Article 14 as amended by the Law of the Republic of Kazakhstan dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005); Law of the Republic of Kazakhstan dated 27 July 2007 No. 320 (the order of enforcement see Article 2).

Chapter 4. Rights of children with possibilities, rights and
obligations of their parents and other legal representatives

Article 15. Rights of children with disabilities

      1. Children with disabilities shall have the right to:
      1) guaranteed gratuitous obtainment of social and medical pedagogical correctional assistance;
      2) gratuitous examination in state medical organizations, psychological medical pedagogical counseling or branches of medical social expertise and gratuitous medical aid in the manner established by the legislation of the Republic of Kazakhstan;
      3) gratuitous medical psychological pedagogical correction of physical or mental deficiency from the date of detection, independently from the grade of its intensity in accordance with conclusion of psychological medical pedagogical counseling;
      4) gratuitous ensuring on medical indications of prosthetic and orthopaedic appliances and footwear, printed publications with special font, loudspeaker equipment and signalling devices, compensational technical means in the manner established by the legislation of the Republic of Kazakhstan;
      5) obtainment of gratuitous pre-school and general secondary education in the special educational organizations or state general educational organizations in accordance with the conclusion of psychological medical pedagogical counseling;
      6) gratuitous technical and professional, post-secondary, higher education in the state educational institutions on a competitive basis within the state educational programs;
      7) arrangement of labour upon graduation in accordance with obtained education and (or) professional training in the manner determined by the legislation of the Republic of Kazakhstan.
      2. Upon participation in a competition for obtaining gratuitous state education through the budget financing, educational grants in case of the similar indications, the disabled persons of the I and II groups, disabled persons from childhood, to whom the education in the relevant educational organizations are not contraindicative according to the conclusion of the branches of medical social expertise.
      3. Children with disabilities from among the orphaned children and those being left without parental custody being on full state security, after ending of staying in special educational organizations and attainment of the majority age shall be provided by dwelling place by local executive bodies in the manner established by the legislation.
      Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 27 July 2007 No. 320 (the order of enforcement see Article 2).

Article 16. Rights of parents and other legal representatives
of children with disabilities

      Parents and other legal representatives of children with disabilities shall have the right to:
      1) attend upon certification of the child in psychological medical pedagogical counseling;
      2) receive trustworthy information on results of examining the child, purposes and results of individual social and medical pedagogical correctional assistance, consult in bodies and organizations engaged in rendering of medical, special educational and special social services;
      3) receipt of social medical pedagogical correctional assistance by their children established by the legislation of the Republic of Kazakhstan;
      4) compensation of expenses for education at home of children with disabilities from among the disabled persons on individual curriculum in the manner and amounts determined under decision of local representative bodies.
      Footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 17. Obligations of parents and other legal
representatives of children with disabilities

      1. Parents and other legal representatives of children with disabilities besides the obligations established by the legislation shall provide maintenance, nurturing, education, medical inspection, treatment to their children, care for them, protect their rights and interests, participate in development of individual rehabilitating program.
      2. Parents and other legal representatives of the children with disabilities shall bear responsibility for avoidance from performance of obligations on care and nurturing of children, abusive treatment with them, infliction of harm to their health, established by the Laws of the Republic of Kazakhstan.

Chapter 5. Final provisions

Article 18. Responsibility for breach of the legislation of the
Republic of Kazakhstan in the field of social and medical
pedagogical correctional assistance of children
with disabilities

      Persons being guilty in the breach of the legislation of the Republic of Kazakhstan in the field of social and medical pedagogical correctional assistance of the children with disabilities shall bear responsibility established by the Laws of the Republic of Kazakhstan.

Article 19. Order of enforcement of this Law

      This Law enters into force from 1 January 2003.

      The President
      of the Republic of Kazakhstan