INCLUSIVE EDUCATION FOR CHILDREN WITH SPECIAL NEEDS IN UZBEKISTAN

(Source: Norma.uz, author: S. Jumashov, Legal Expert)

Order of the Minister of Public Education (registered by the Ministry of Justice on 17.06.2015, No.2685) approved Regulations on the procedure for transfer of students with physical or mental impairments from one specialized educational institution to another, or to educational institution for training on inclusive (integrated) education.

The provisions of the Regulation apply also to the transfer of stateless persons residing in Uzbekistan. Transfer of students with physical or mental impairments (further − students) from class to class, from one boarding school to another, and from boarding school to school for training in inclusive (integrated) settings is implemented taking into account compulsory general secondary education and the right to freely choose the language of instruction. Transfer of students from class to class, from one boarding school to another, and from boarding school to school for training in the inclusive (integrated) settings is free of charge.

Transfer from class to class

On their sole discretion the student’s parents and substitute parents have the right to transfer a child to the parallel class within the academic year or after its ending. For this purpose they shall filean application to the Director of the boarding school stating the reason for transfer. The director shall consider the application within one working day from the date of its acceptance and issue an order to transfer a student from class to class. In case the number of students in the class exceeds the established norms, he may refuse the transfer. Parents are informed on this in writing within 3 days.

After the issuance of the order on the student’s transfer, the appropriate entries into the class register and book on movement of students are made within 3 days. Children with mental retardation or developmental disabilities with a difference of 3 years or more compared with classmates, after studying in one class not less than two quarters, may be transferred only in one class higher. This can be done taking into account their level of knowledge and skills on the basis of the conclusion of medical and pedagogical staff of the boarding school and by the decision of the pedagogical Council.

Transfer from one boarding school to another of the same type

On their sole discretion the student’s parents and substitute parents have the right to transfer a child to the parallel class within the academic year or after its ending. For this purpose they shall file an application to the Director of the boarding school stating the reason for transfer. The director shall consider the application within one working day from the date of its acceptance and provide a card for leaving the school(in the form established by Regulation)to submit it in the selected boarding school.

Parents shall file the application for admission to the director of the chosen boarding school. The card of leaving the school and the certificate issued by the citizens’ self-government bodies at the place of residence shall be attached to it. Director of the selected a boarding school after accepting the application and card of leaving issues to parents on the same day a card of arrival to boarding school (in the form established by the Regulation) to submit it to the former boarding school. Director of the boarding school attended by the child, on the same day after acceptance of the card of arrival shall issue an order for dismissal of the student. He shall familiarize parents with this order and submit them the following documents on receipt:

• extract from the order on dismissal of the student;
• transcript of the student progress (learning);
• the student’s medical record;
• conclusion of psychological, medical, and pedagogical Commission on referral the student to a boarding school;
• recommendation from Public Education Department.

Director of the selected boarding school on the same day after acceptance of the specified documents shall issue the order on student enrollment and within one working day send an extract from it to the former boarding school. The Director of this boarding school is obliged to take all necessary measures that the transferred child is not left out of the educational process. After the issuance of the order on the student’s dismissal or enrolling, the appropriate entries into the class register and book on movement of students are made within 3 days.

Transfer from one boarding school to another of a different type

A student can be transferred from one boarding school to another of a different type based on the conclusion of psychological, medical, and pedagogical Commission, and with regard to his mental abilities. On their sole discretion the student’s parents and substitute parents have the right to transfer a child within the academic year or after its ending. For this purpose, they shall make an application to the Department of Public Education, stating the reasons for the transfer.

The application shall be considered by the psychological, medical, and pedagogical Commission according to the Regulation on psychological, medical, and pedagogical Commission for referral of children to specialized institutions (schools, boarding-schools) (dated24.10.2013, No. 2519). Having obtained the positive conclusion of this Commission, the Department of Public Education on the same day shall give parents the referral on transfer of a student to a boarding school of different type.

A report in writing is sent to the boarding school where the child is enrolled. After receiving the letter, the director of boarding school on the same day shall issue an order on the student’s dismissal. He shall familiarize parents with this order and submit them the student’s documents on receipt. Parents shall present to the selected boarding school a referral from the Public Education Department enclosing the conclusion of the Commission and documents of the student.

Director of the boarding school shall issue the order on the student’s enrolment on the same day. Director of the selected boarding school within one working day shall send an extract from the order on student’s enrollment to the former boarding school. Its Director is obliged to take all necessary measures that the transferred child is not left out of the educational process. After the issuance of the order on the student’s dismissal or enrolling, the appropriate entries into the class register and book on movement of students are made within 3 days.

Transfer from boarding-school to inclusive education school

In case that, abnormalities in physical or mental development of the student are in a light form (retardation of mental development, mild mental retardation, poor hearing, poor eyesight, cerebral palsy and others), while creating the necessary conditions for obtaining education and upbringing, the student can be transferred from boarding-school to inclusive education school. On their sole discretion the student’s parents and substitute parents have the right to transfer a child within the academic year or after its ending.

For this purpose, they shall make an application to the Department of Public Education stating the reasons for the transfer. Application shall be considered by the psychological, medical, and pedagogical Commission according to the Regulation on psychological, medical, and pedagogical Commission for referral of children to specialized institutions (schools, boarding-schools) (dated 24.10.2013, No. 2519). Having received the positive conclusion of this Commission, the Department of Public Education on the same day shall give parents the referral on transfer of a student to a school.

A report in writing shall be sent to the boarding-school where the child studies. After receiving the letter, the director of boardingschool on the same day shall issue an order on the student’s dismissal. He shall familiarize parents with this order and submit them the student’s documents on receipt. Parents shall present to the selected school a referral from the Public Education Department enclosing the conclusion of the Commission and the student’s documents. Director of the school shall issue the order on the student’s enrolment on the same day.

Director of the selected school within one working day shall send an extract from the order on student’s enrollment to the former boarding-school. Director of this school is obliged to take all necessary measures that the transferred child is not left out of the educational process. After the issuance of the order on the student’s dismissal or enrolling, the appropriate entries into the class register and book on movement of students are made within 3 days.

Transfer to educational institution of the foreign state

Parents leaving abroad for permanent or temporary residence in order to study, work, for long-term treatment and in other purposes, have the right to transfer their child to an educational institution of a foreign state. For this purpose they shall apply to the Director of the boarding-school stating the reason for transfer. An extract from decision of the Commission on juvenile affairs with consent to the student’s dismissal from boarding-school must be attached to the application. Director of the boarding-school shall consider the application within one working day and issue the order of dismissal of the student.

He shall familiarize parents with this order and submit them the student’s documents on receipt. Within 3 days after the issuance of the order on the student’s dismissal, the appropriate entries into the class register and book on movement of students are made. Director of the boarding-school shall form a database of students expelled because of the transfer to educational institution of a foreign state, and at the end of each quarter of the academic year shall present it to the district (city) Department of methodological support and organizing of activities of public education institutions, district (city) Department of Internal Affairs and district (city) Commission on Juvenile Affairs.

Transfer from the educational institution of a foreign state

Parents have the right to transfer their child – citizen of Uzbekistan to a boarding-school in our country. Transfer of our citizen studying in a foreign country, to a boardingschool in Uzbekistan is carried out according to the Resolution of the Cabinet of Ministers “On approval of regulatory legal acts on state specialized institutions of education for children with disabilities” dated 13.09.2011 No. 256. If the transferred child within 10 days without the reasons or without warning the administration of the boarding-school (inclusive education school) and the classroom teacher does not attend classes, the director of the boarding-school (inclusive education school) shall in writing notify his parents, the Commission for Juvenile Affairs at his place of residence and the former boardingschool director.

At the same time the director of the selected boarding-school shall undertake measures to identify the causes of absenteeism and to involve the student into activities. Expulsion of juvenile offenders from the boarding school shall be carried out with the consent of the Commission on Juvenile Affairs.

Document was adopted in the state language.

The Order comes into force after its official publication in the Collection of Legislation of the Republic of Uzbekistan No. 24 dated June 22, 2015.