Unofficial translation

      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) special conditions for receiving education – conditions, which include special educational and individually developing programs, teaching methods, technical, educational and other means, living environment, psychological and pedagogical support, medical, social and other services, without which it is impossible to master educational programs for children with disabilities;

      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;

      4-1) diagnostics – a set of medical services aimed at establishing the fact of the presence or absence of a disease in children;

      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 intervention (early support) - social and medical pedagogical correctional support 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;

      13) medical rehabilitating – complex of medical measures oriented to treatment, restoration of defected or lost functions of organism;

      13-1) social and medical pedagogical correctional support of children with disabilities – the activities of organizations of education, social protection of the population, health care, providing special social, medical and educational services, providing children with disabilities with conditions for overcoming and compensating for disability and aimed at creating opportunities for them to participate in society on an equal footing with other citizens;

      15) special education – education provided to children with disabilities with creation of special conditions;

      17) special organizations of education - organizations established for diagnostics and counseling, psychological and pedagogical support, education and upbringing of children with disabilities: psychological, medical and pedagogical consultations, rehabilitation centers, psychological and pedagogical correction rooms, kindergartens, speech therapy centers at schools and other organizations;

      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:

      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;

      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.

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 the procedure for organizing the screening for maximum early detection of the “risk” group children in the subjects (objects) of health care providing obstetric services, health care organizations providing primary health care and (or) consultative and diagnostic care, and sending the results of screening and children of the “risk” group to psychological, medical and pedagogical consultations;

      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.

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

      Authorized body in the field of education shall:

      2) determine uniform principles and standards of special conditions for receiving education;

      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;

      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.

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

      Authorized body in the field of social protection shall:

      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;

      7) develop the standards of social service, procedure for gratuitous social service;

      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.

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 a regulation on the department of social assistance at home for children with disabilities from among individuals with disabilities, 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 subjects (objects) of health care providing obstetric services, health care organizations providing primary health care and (or) consultative and diagnostic care;

      4) ensure with the consent of parents or other legal representatives the direction of screening results and of the “risk” group children to psychological medical pedagogical counseling;

      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. By the decision of the akim of the region, the city of republican significance, the capital, psychological, medical and pedagogical consultations shall be created in the cities of republican and regional significance, the capital, as well as in regional centers for fifty thousand children; rehabilitation centers - in cities of republican and regional significance, the capital; offices of psychological and pedagogical correction - in cities of republican and regional significance, the capital, as well as in regional centers.

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 health care subjects focused on a preventive, diagnostic, therapeutic, rehabilitation and palliative care.

      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 educational organizations in the manner established by the legislation of the Republic of Kazakhstan on education.

      4. Special educational services shall include:

      1) in-depth and comprehensive examination of children for the purpose of determination of special educational needs;

      2) special psychological pedagogical support of children with disabilities;

      3) training and education according to special education programs;

      4) other services rendered in accordance with the legislation of the Republic of Kazakhstan.

      5. Organizations rendering special social services are the organizations of education, healthcare and social protection of the population.

      6. Special social services shall include:

      1) providing social assistance in accordance with the procedure established by the legislation of the Republic of Kazakhstan in the field of social protection of individuals with disabilities;

      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.

Article 10. Psychological medical pedagogical counseling

      1. Psychological medical pedagogical counseling is an educational organization that carry out examination and counseling of children, determination of special educational needs and special conditions for receiving education, determination of an educational program, as well as a guide to special psychological and pedagogical support for children with disabilities.

      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 children with disabilities to special organizations of education and other organizations to receive medical, special educational and special social services only with the consent of parents and other legal representatives.

Article 11. Educational organization of the children with disabilities

      1. Excluded by the Law of the Republic of Kazakhstan dated 26.06.2021 No. 56-VII (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

      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.

      3. Special education organizations shall create special conditions for the education of children who have disorders of the musculoskeletal system, vision and (or) hearing, and (or) speech, intelligence, emotional-volitional sphere, using sign language, Braille, other alternative fonts, communication methods and training.

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.

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 vocational education of children with disabilities shall be carried out in special educational organizations.

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) free of charge examination in the subjects of health care, psychological, medical and pedagogical consultations or departments of medical and social expertise and free medical care in the manner prescribed 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) receiving free of charge pre-school and general secondary education in special educational organizations or state educational organizations in accordance with the conclusion of psychological, medical and pedagogical consultations;

      6) free of charge, on a competitive basis, technical and vocational, post-secondary, higher education in state educational organizations within the framework of 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;

      8) priority service in health care organizations.

      2. When participating in the competition for free state education through budget financing, educational grants, in case of the same indicators, individuals with disabilities of the first and second groups, individuals with disabilities from childhood, who, according to the conclusion of the departments of medical and social expertise, shall not be contraindicated in the relevant educational organizations, have the preferential right.

      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.

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) to reimburse the costs of home schooling for children with disabilities from among children with disabilities according to an individual curriculum in the manner and amount determined by the decision of local representative bodies.

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