Legal Barriers and Regulatory Risks in the Establishment of Private Inclusive Schools in the Republic of Kazakhstan

Abstract

This paper is a doctrinal analysis of the current regulatory framework of the introduction of the concept of private inclusive schools in the Republic of Kazakhstan. Thirty-two normative legal acts were examined by formal legal analysis, systematic interpretation, doctrinal interpretation, and analysis of legal gaps and conflicts. The time frame of the analysis is 1995-2025, comprising the Constitution, the Entrepreneurial Code, the Social Code, the amendments of the inclusive education in 2021, and the international conventions. The findings indicate a lack of cross-sectoral coordination within the legal and regulatory framework, resulting in normative conflicts, legal gaps, and the absence of a special legal regime for private inclusive schools. Key gaps also include the absence of defined standards for reasonable accommodation, the lack of mandatory inclusive teacher training, and the absence of specific financing mechanisms. Regulatory contradictions also exist between the requirement of inclusive admission and sanitary capacity requirements, as well as between the requirements of the CRPD and subordinate legislation. Although, formally, Kazakhstan’s legislation reflects compliance with CRPD standards at the constitutional and legislative levels, real gaps still persist in lower-level legislation and implementation methods. This work constitutes the first systematized doctrinal interpretation of the regulation of private inclusive schools in Kazakhstan under current legislation. Policy reforms should focus on regulatory coordination and the elimination of the identified gaps.