Mandatory-recommended model of inclusive education in Russia as a unique regulatory construct

Abstract

An article is devoted to the specifics of the implementation of the rights of pupils with limited health capabilities in Russia. The study outlines the uniqueness of the existing normative model of relations regarding the education of the mentioned category of children. It is described by referring to legislation, acts of official interpretation of governing bodies, as well as law implementation practice. The uniqueness is represented by the mandatory-recommended nature of psychological, medical and pedagogical commission’s report on limited health capabilities of the person being checked. It is concluded that the inconsistency of judicial practice is due to the ambiguity of the regulatory model of inclusive education. It is argued that the ambiguity of the regulatory model of inclusive education affects the proper implementation of educational rights and freedoms of the category of students under consideration, forms the specifics of justification of decisions on cases of administrative offenses under Part 2 of Article 5.57 of the Code of Administrative Offenses of the Russian Federation and needs adjustment.