Legal Barriers in the System of University Inclusive Education

Introduction. The introduction of inclusive education into the practice of university education is a complicated and multi-aspect process accompanied by a complex of problems, including the problems of a legal nature. The solution of these problems is one of key tasks faced by the education system of Russia.

The aim of the present research is to reveal and describe normative and legal barriers in the system of inclusive higher education, withdrawing the equal rights for education for all students regardless of their physical status and health.

Methodology and research methods. The methods involve the analysis of legal and regulatory acts, regulating the orders and conditions of inclusive education at higher school. Russian and foreign literature on different aspects of inclusive education in higher school was reviewed, generalised and sistematised. The modelling method was employed.

Results. On the basis of the existing legal norms, the reflection of the analysed materials made it possible to model the system of interaction between the participants of inclusive educational process – people with disabilities (HIA) and educational organisations. The constructed “theoretical” model allowed the authors to diagnose inclusion in higher education and to identify weaknesses in the provisions, which regulate the education of people with disabilities. Certain contradictions were found in the legal field of relations between these categories of students and educational institutions. The attention is drawn to the fact that in today’s Russia the system of spesialised support for universities and for students with special needs is being formed, including resource training centres. However, these structures need to determine their place and status in the field of educational rights.

Scientific novelty. The authors firstly formulate the legal barriers, impeding the continuity of psychological medico-pedagogical support for students with disabilities. The conclusion is reached concerning the signs of discrimination in the rights of students with special educational needs and the urgent need for improved higher inclusive education, including the optimisation at the level of legislative regulation.

Practical significance. The authors believe that introduction of changes into normative regulations with the purpose to provide equal rights and opportunities for receiving education by all citizens will contribute to more dynamic and orderly development of university inclusion in Russia and will help people with health disabilities to become full members of society.

1. Kantor V. Z., Proekt Y. L. Inclusive higher education: Socio-psychological well-being of students. Obrazovanie i nauka = The Education and Science Journal. 2019; 21 (2): 51–73. DOI: 10.17853/1994–5639–2019–2-51–73 (In Russ.)

2. Riddell S., Tinklin T., Wilson A. Disabled students in higher education: The impact of anti-discrimination legislation on teaching, learning and assessment. In: The ESRC Seminar: Reconfiguring Sociology of Education, University of Bristol, 2002 Nov; Bristol [Internet]. Bristol: University of Bristol; 2002 [cited 11 Jun 2019]; 18 p. Available from: http://escalate.ac.uk/downloads/1831.rtf

3. Romanov P. V., Yarskaya-Smirnova Ye. R. Politika invalidnosti: Sotsial’noye grazhdanstvo invalidov v sovremennoy Rossii = Disability policy: Social citizenship of persons with disabilities in modern Russia. Saratov: Publishing House Nauchnaja kniga; 2006. 260 p. (In Russ.)

4. Perevoznikova I. V. Special Education in Russia: Past, present, and legal foundations. Vestnik Tomskogo gosudarstvennogo pedagogicheskogo universiteta = Tomsk State Pedagogical University Bulletin. 2012; 5 (120): 103–109. (In Russ.)

5. Shayakhmetova N. N., Yusupov R. G. The history of the formation and development of special and inclusive education in Russia. Innovatsii i investitsii = Innovations and Investments. 2013; 8: 44–47. (In Russ.)

6. Boginskaya Yu. V. The current state of higher education of students with disabilities in universities in Europe and the USA. Internet-zhurnal “Mir nauki” = Internet-Journal “World of Science“ [Internet]. 2016 [cited 11 Jun 2019]; 4 (4). Available from: http://mir-nauki.com/PDF/35PDMN416.pdf. (In Russ.)

7. Volkova N. S., Pulyaeva E. V. UN Convention on the rights of persons with disabilities and the development of inclusive education in the Russian Federation. Zhurnal rossiiskogo prava = Journal of Russian Law. 2017; 9 (249): 55–66. (In Russ.)

8. Tyurina N. Sh. Inclusive Education in the world (review of speeches of the first international symposium on inclusive education). Problemy sovremennogo pedagogicheskogo obrazovaniya = Problems of Modern Teacher Education. 2017; 55–10: 181–190. (In Russ.)

9. Florian L. What counts as evidence of inclusive education? European Journal of Special Needs Education. 2014; 29 (3): 286–294.

10. Pullen P. Historical and current perspectives on learning disabilities in the United States. Learning Disabilities: A Contemporary Journal. 2016; 14: 25–37.

11. Lombardi A., Vukovic B., Sala-Bars I. International comparisons of inclusive instruction among college faculty in Spain, Canada, and the United States. Journal of Postsecondary Education and Disability [Internet]. 2015 [cited 11 Jun 2019]; 28: 447–460. Available from: https://www.researchgate.net/publication/298335726_International_Comparisons_of_Inclusive_Instruction_Among_ College_ Faculty_in_Spain_Canada_and_the_United_States

12. Sarkar R. Inclusive university: A way out to ensure quality, equity, and accessibility for students with disabilities in higher education. International Journal of Advanced Research [Internet]. 2016 [cited 05 May 2019]; 4: 406–412. Available from: https://www.researchgate.net/publication/303090081_inclusive_ university_a_way_out_to_ensure_quality_equity_and_accessibility_for_students_with_ disabilities_in_higher_education

13. Zorina E. E. Overcoming barriers to the implementation of inclusive education at the university. Obrazovanie i nauka = The Education and Science Journal. 2018; 20 (5): 165–184. (In Russ.)

14. Sánchez P., Rodríguez R., Martínez R. Barriers to student learning and participation in an inclusive school as perceived by future education professionals. Journal of New Approaches in Educational Research. 2019; 8 (1): 18–24. DOI: 10.7821/naer.2019.1.321

15. Angharad С., Beckett Е. Challenging disabling attitudes, building an inclusive society': considering the role of education in encouraging nondisabled children to develop positive attitudes towards disabled people. British Journal of Sociology of Education. 2009; 30: 317–329.

16. Pearce M., Gray J., Campbell-Evans G. Challenges of the secondary school context for inclusive teaching. Issues in Educational Research. 2010; 20 (3): 294–313.

17. Ortiz A., Agreda M., Colmenero M. Toward inclusive higher education in a global context. Sustainability [Internet]. 2018 [cited 05 May 2019]; 10 (8): 2670. Available from: https://www.mdpi.com/2071–1050/10/8/2670

18. Kozyreva O. A. Current regulatory framework for inclusive education. Munitsipal’noe obrazovanie: innovatsii i eksperiment = Municipal Education: Innovation and Experiment. 2016; 4: 58–64. (In Russ.)

19. Sushentsova V. G., Burkova M. V. Legal regulation of inclusive education: International experience. Mariyskiy yuridicheskiy vestnik = Mari Law Journal. 2017; 1 (20): 12–14. (In Russ.)

20. Kananykina E. S. Regulatory support for education of persons with disabilities in the education systems of France and the USA. NB: Problemy obshchestva i politiki = NB: Problems of Society and Politics. 2013; 3: 74–103. (In Russ.)

21. Larionova M. A. The right of children with disabilities to education: International legal standards and Russian legislation. Vestnik Gumanitarnogo universiteta = Bulletin of the University for the Humanities. 2014; 2(5): 24–30. (In Russ.)

22. Sinenko A. A., Nechay E. E. Legal mechanism for ensuring the right to education of persons with disabilities. Aktual’nyye problemy gumanitarnykh i yestestvennykh nauk = Actual Problems of the Humanities and Natural Sciences. 2015; 6–3: 6–9. (In Russ.)

23. Petrovskiy A. M., Vaganova O. I., Kutepova L. I. Legal aspects of creating an inclusive educational environment of the university. Karel’skiy nauchnyy zhurnal = Karelian Scientific Journal. 2018; 7; 1 (22): 45–48. (In Russ.)

24. Protopopova I. N., Yurkina M. I. Legal monitoring of inclusive education in Russia. Sovremennaya nauka: aktual’nyye problemy i puti ikh resheniya = Modern Science: Current Problems and Solutions. 2016; 1 (23): 153–158. (In Russ.)

25. Beco G. The right to inclusive education: Why is there so much opposition to its implementation? International Journal of Law in Context [Internet]. 2017 [cited 11 Jun 2019]. Available from: https://www.researchgate.net/publication/321289134_The_Right_to_Inclusive_Education_Why_is_There_so_much_Opposition_to_its_Implementation. DOI: 10.1017/S1744552317000532

26. Kakoullis E. Monitoring mechanisms designed to serve persons with intellectual disabilities: Exploring the implementation of Article 16 CRPD in Cyprus. International Journal of Law in Context [Internet]. 2017 [cited 11 Jun 2019]. Available from: https://www.researchgate.net/publication/325856341_Monitoring_ mechanisms_designed_to_serve_persons_with_intellectual_disabilities_exploring_ the_implementation_of_Article_16_CRPD_in_Cyprus DOI:10.1017/S1744552318000101

27. Hardy I., Woodcock S. Inclusive education policies: Discourses of difference, diversity and deficit. International Journal of Inclusive Education. 2015; 19: 141–164.

28. Mikhalchi E. V. Current situation of inclusive education in the system of higher education in Russia. Sovremennyye problemy nauki i obrazovaniya = Modern Problems of Science and Education. 2014; 2: 183. (In Russ.)

29. Schemova A. Inclusive education: good intentions leading... to where? Sut’ vremeni – Chelyabinsk = The essence of time – Chelyabinsk [Internet]. 2013 [cited 05 May 2019]. Available from: http://eot74.su/? p=3272 (In Russ.)

30. Paramonova V. A. The concept of “disabled person”: Sociocultural analysis. Sotsial’no-gumanitarnyy vestnik Prikaspiya = Social and Humanitarian Bulletin of the Caspian Region. 2016; 1 (4): 11–15. (In Russ.)

31. Strnadová I., Hájková V., Květoňová L. Voices of university students with disabilities: Inclusive education on the tertiary level – a reality or a distant dream? International Journal of Inclusive Education. 2015; 19 (10): 1080–1095.

32. Olkhina E. A., Karpushkina N. V., Dvurechenskaya O. N. Monitoring the activities of universities and regional resource centers for teaching people with disabilities: An analysis of international experience. Sovremennyye nauchnyye issledovaniya i innovatsii = Modern Scientific Research and Innovation [Internet]. 2016 [cited 11 Jun 2019]; 10. Available from: http://web.snauka.ru/issues/ 2016/10/72155 (In Russ.)

33. Андреев А. Foreign practices of inclusive education were presented in Kirov. Rossiyskaya gazeta = Russian Newspaper [Internet]. 02 Nov 2018 [cited 11 Jun 2019]. Available from: https://rg.ru/2018/11/02/reg-pfo/v-kirovepredstavili-zarubezhnye-praktiki-inkliuzivnogo-obrazovaniia.html (In Russ.)

34. Alekhina S. V., Lebedeva A. A., Smolnikova M. N. “Inclusive agenda” of higher education: From system to destiny. Problemy sovremennogo pedagogicheskogo obrazovaniya = Problems of Modern Pedagogical Education. 2017; 57–12: 344–356. (In Russ.)

35. Bikbulatova A. A., Petrova E. A. Resource training center for teaching people with disabilities – a core element of the development of higher education. Uchenyye zapiski Rossiyskogo gosudarstvennogo sotsial’nogo universiteta = Scientific Notes of the Russian State Social University. 2016; V. 15, № 6 (139): 6–14. DOI: 10.17922/2071–5323–2016–15–6-6–14 (In Russ.)

36. Khristoforova L. V., Krasnova E. A. Legal aspects of quality control in education. Vestnik Nizhegorodskogo universiteta im. N. I. Lobachevskogo = Bulletin of Nizhny Novgorod University named after N. I. Lobachevsky. 2017; 5: 169–175. (In Russ.)