Federal Legislation: Early Intervention and

PreventionThe Exceptional Child: Inclusion in Early Childhood Education

K. Eileen Allen, Glynnis E. CowderyChapter 2

Objectives

• I can describe legislation that has impacted the education of children with disabilities• I can explain how prevention can reduce the prevalence of primary

and secondary disabilities

History

• Just as with other children the development of children with disabilities is maximized in positive environments and through high quality experiences. • Where children with disabilities were once institutionalized, the

movement in the 60s was to close institutions. People with disabilities returned to their homes and communities.• The civil rights movement impacted the rights of individuals with

disabilities. Here is current civil rights information from ARC

Head Start

• Compensatory education – Head Start began in 1965 as part of President Johnson’s War on Poverty. • Designed for children• In poverty or with other disadvantages• To provide them opportunities more advantaged children receive• High quality (based on best practice and research) is key to these programs

Gifted and Talented

• This is an often neglected category of children with exceptionalities• Multiple Intelligences vs. traditional definition of gifted

• Ben Carson (interesting human interest story) – likely candidate for a gifted program? How many children like Ben Carson are we not seeing in gifted programs?• Single parent house and mother with 3rd grade education• Horrific temper• Bottom of his class in elementary

Important Legislation

• Head Start and Early Head Start – currently no Early Head Start in our community• Section 504 – many children in our schools have “504 plans” – these

cover accommodations for disabilities that may not require special education intervention. Example – special testing accommodations for students with severe test anxiety• PL 94-142 – Education of All Handicapped Children Act – 1975;

currently known as IDEA – Individuals with Disabilities Education Improvement Act- All children, regardless of disability, have the right to a free and appropriate public education (FAPE)

FAPE – the Nuts and Bolts

• All children, not matter the severity of the disability• Nondiscriminatory – testing must be in a child’s primary language and

avoid cultural biases; example – a test question that refers to an escalator may not be appropriate for a child who has never been to a city.• Appropriate – as determined by a team including, but not limited to:

child’s parent(s), other service providers (OT, PT, speech, etc.), teacher, Local Education Agency (LEA) representative, etc. through the child’s IEP (Individualized Education Plan) or IFSP (Individualized Family Service Plan)

FAPE – the Nuts and Bolts (cont.)

• Least Restrictive Environment (LRE) – child must have opportunity to be educated alongside typically developing peers • Connection to our current knowledge – Example: Multi-disciplinary

team, including parents, determines placement of a child with disabilities in the same elementary school his or her siblings attend or at North Shelby. • Due Process – parents have the right to due process if they do not

agree with their child’s educational plans or actions being taken by a school such a removing their child from a classroom because of annoying behaviors.

FAPE – the Nuts and Bolts (cont.)

• Parent Participation – parents are considered an integral part in the educational planning for their child with disabilities. • Transition planning – for students from 16 – 21 years; multi-

disciplinary team helps student transition from public school into adult settings (may include work in public or sheltered workshop type settings, group home or independent living situations, etc.)• FAPE (Free Appropriate Public Education) is provided by the public

schools for children with disabilities from 3 – 21 years old.

Later Amendments - 1986• Addition of services for children from birth – age 3. • Child does not have to have an identified disability (label)• IFSP must be provided by a multi-disciplinary team, including parent(s)• Services must be provided in a child’s natural setting (home, child care center,

etc.) • Child Find – concerted efforts to locate children and their families who may

be eligible for services.• Transition services – supporting the child’s transition to kindergarten

Later Amendments – 1986 (cont.)

• Connection to local services – In our area, CDSA (Children’s Developmental Services Agency) • provides services for families whose children have identified disabilities • who may be at risk for disabilities (premature babies, babies with

developmental delays)• Part of NC Department of Health and Human Services• NC Infant-Toddler Program – contact information for Shelby CDSA and other

information may be found here.

Later Amendments - 2005

• All of the above, plus• “highly qualified” special education teacher in addition to “highly qualified”

regular education teachers• Functional behavior assessments – children with disabilities may not be

expelled from school for behaviors that are the result of the disability; those who are expelled from school for behaviors not related to the disability are still eligible for an education and the LEA must provide the education.• Lengths of suspensions and other discipline issues are addressed in later

amendments.

ADA – Americans with Disabilities Act

• Civil rights for all people (not just school aged) • Provides access to buildings• Anti-discrimination in work, etc.

• Connection to us – must be followed at CCC and other colleges – Example: our online courses must be set up in ways that could be adapted for students with disabilities if necessary.

Prevention

• Prenatal care• Genetic counseling• Amniocentesis and Chorionic Villus Sampling (CVS)• APGAR Scores• Blood test for PKU and other newborn tests• Prevention of secondary disabilities• Preventive healthcare• Immunizations