Chapter 2 Federal Legislation: Early Intervention and Prevention

Objectives After reading this chapter, you should be able to: Discuss how the early intervention and civil rights movement set the stage for current legislation and individuals with disabilities Explain the impact of landmark legislation for people with disabilities Identify the components of No Child Left Behind (NCLB) 2001 including recent changes made Highlight the landmark case law for the inclusion of all children Provide an overview of public policy and gifted children Describe three pieces of legislation designed to prevent developmental disabilities in children

The Early Intervention Movement Environment and experience The belief that children are what they are has been challenged. Environment and experiences greatly affect how a child grows and develops. Brain research leads us to understand that children need experiences often and early to develop needed synapses.

The Early Intervention Movement (continued) Civil rights People with disabilities have the same rights as everyone else. They have a right to a free, appropriate, and equal education. Landmark legislation passed, and is continuing to pass, exercising all individuals’ constitutional rights.

Landmark Legislation and People with Disabilities University Affiliated Facilities (PL 88-164) Their main purposes are the following: To create, demonstrate, and evaluate intervention and educational programs for children and youth with disabilities and their families To provide professional trainees with interdisciplinary training To conduct research related to human development and developmental delays To establish university-community partnerships to improve services for people with disabilities

Landmark Legislation and People with Disabilities (continued) Handicapped Children’s Early Education Assistance Act (PL 90–538) The major purpose of this legislation is to improve early intervention services for children with disabilities, children who are at-risk for disabilities, and their families. Federal funds supported experimental centers known as the First Chance Network and model demonstration projects.

Landmark Legislation and People with Disabilities (continued) Head Start Act Mandated (required) that 10 percent of Head Start’s enrollment be reserved for children with developmental disabilities Head Start continues to grow in 2007, serving over 900,000 children more than 12% of children have disabilities

Landmark Legislation and People with Disabilities (continued) Developmental Disabilities Act (DDA) (PL 106–402) Section 504 focused on reducing discrimination against individuals with disabilities. The law required that everyone with a disability be given access to jobs, education, housing, and public buildings. This law also required schools to make accommodations for children who have disabilities but do not qualify for special education.

Landmark Legislation and People with Disabilities (continued) Education of All Handicapped Children Act (PL 94–142) Now called the Individuals with Disabilities Education Improvement Act (IDEIA) Reflects person-first terminology Guarantees all children a free, appropriate, public education Encourages states to locate and serve preschool children needing early intervention services

Landmark Legislation and People with Disabilities (continued) IDEIA mandates Zero reject Local school systems must provide all children, regardless of the severity of their disability, with a free education appropriate to each child’s needs. Non-discriminatory evaluation Tests must be appropriate to the child’s language and cultural background. Assessment is to be based on several types of evaluation and is to include cognitive, adaptive, and social performance.

Landmark Legislation and People with Disabilities (continued) IDEIA mandates Appropriate education Local school districts must provide educational services that are appropriate to each individual child. Least restrictive environment (Inclusion) Children with disabilities must be educated alongside students who do not have identified disabilities. Due process Parents must have the right to call a special hearing when they do not agree with the school’s educational plans for their child.

Landmark Legislation and People with Disabilities (continued) IDEIA mandates Parent participation IDEA stresses the importance of parents’ contributions to their child’s progress. Role of parents has been strengthened with each reauthorization of IDEIA. States must provide mediation to schools and parents if there are disagreements about children’s educational services.

Landmark Legislation and People with Disabilities (continued) Education of the Handicapped amendments (PL 99–457) Services for children from birth to age three This part of the law is known as discretionary legislation. This means that a state may serve children from birth through two years of age if it chooses, but it is not required by law to do so.

Landmark Legislation and People with Disabilities (continued) Services for children birth to age 3 Those to be served are infants and toddlers who are experiencing developmental disabilities or are at-risk of having substantial delays unless they receive early intervention services. Labeling is no longer required. Each infant / toddler and family receive a multidisciplinary, written assessment of his or her needs and of the services prescribed. An Individualized Service Plan or IFSP is developed to address the needs identified by the team including the family.

Landmark Legislation and People with Disabilities (continued) Services for children ages 3 to 5 Services for children beginning at age three are not discretionary. States receiving federal funds for early intervention programs must serve young children with developmental disabilities according to the same formula and requirements as before.

Landmark Legislation and People with Disabilities (continued) Latest updates on IDEIA The new definition requires special education teachers to hold at least a B.A., obtain full state special education licensure or equivalent, and cannot hold a temporary or emergency licensure. Extensive provisions are aimed at ensuring special education and related services for children with disabilities who are homeless or otherwise members of highly mobile populations.

Landmark Legislation and People with Disabilities (continued) Changes in procedural safe guards The addition of a resolution session prior to a due process hearing to encourage the parties resolve their dispute—within 15 days of the parent’s complaint. Functional behavioral assessment Children with disabilities who have been expelled from school still have the right to an education, and the state must guarantee that services are still provided throughout the expulsion. Authority to extend Part C services for infants and toddler services beyond the age of two years. Short-term objectives and benchmarks are no longer required sections in the IEP.

Landmark Legislation and People with Disabilities (continued) Discipline issues A student with a disability generally cannot be suspended from school for more than 10 school days if the misconduct was related to his or her disability and services still need to be provided. The IEP team, including parents, must conduct a functional behavior assessment and consider strategies including positive behavioral support strategies to facilitate appropriate behavior in the classroom.

Landmark Legislation and People with Disabilities (continued) Americans with Disabilities Act (PL 101–336) ADA gives civil rights protection to individuals in private employment, all public services and accommodations, transportation, and telecommunications. Some of the most significant implications are in the area of access to child care and community recreation programs.

Landmark Legislation and People with Disabilities (continued) Section 504 of the Rehabilitation Act The first civil rights statute for persons with disabilities. Protects qualified individuals from discrimination based on disability. Employers and organizations receiving federal funds cannot exclude or deny individuals with disabilities an equal opportunity to receive program benefits and services.

No Child Left Behind Established to improve reading and math testing in the public schools and reauthorize education reform using federal funds. Requires states to develop accountability standards to measure annual student progress in reading and math. Works on literacy development.

No Child Left Behind (continued) Teacher requirements and family initiatives. Assessment of children with disabilities Children with disabilities or delays in development are to be tested along with children without disabilities beginning in the third grade, with few exceptions. If a child’s IEP calls for accommodations in assessments, these must be offered.

No Child Left Behind (continued) Concerns about NCLB lead to changes Concerns about meeting adequate yearly progress (AYP) by deadline 2010, proposed reform of NCLB Broader range of assessments to evaluate academic skills Punishments to those schools who did not meet AYP to lessen Waivers from NCLB requirements accepted

Inclusion and Case Law Sacramento Unified School District v. Holland (1992) The district court ruled that 9 year-old with Down syndrome must be fully included in a general education classroom and provided a four-part test that must be used to evaluate the feasibility of inclusion. The four part test asks: What educational benefits are available to the child with disabilities when supplemented by the appropriate supports? What are the nonacademic (e.g., social) benefits of placement in a general education classroom? What is the effect on nondisabled children? What is the cost?

Inclusion and Case Law (continued) Oberti v. Board of Education of Clementon School District (1993) The judge ruled strongly in favor of the child’s right to receive inclusive education and said, “Inclusion is a right, not a privilege for a select few.”

Public Policy and the Gifted All fifty states have definitions for giftedness. Federal funds are not allocated for gifted programs. States have taken it upon themselves to provide services to children who demonstrate giftedness. Educators continue to try to identify young, gifted children.

Prevention The timing of prevention Prevention before conception Genetics Chromosomal mishaps Amniocentesis and chorionic villus sampling can be done to assess the unborn child

Prevention (continued) Timing of prevention Prevention during pregnancy Good maternal health Adequate prenatal care Forgoing drugs and alcohol

Prevention (continued) Timing of prevention Prevention during and after birth Appropriate medical services Routine screenings (APGAR) Blood tests Routine well baby checkups

Prevention (continued) Prevention of secondary disabilities Disabilities that come about because of a primary disability are secondary disabilities. They can become cumulative deficits if not treated. Preventative measures can be put into place to lessen effects.

Prevention (continued) Prevention and related legislation Early and periodic screening, diagnosis, and treatment—EPSDT (PL 90–248) The intent of the law is that low-income children be screened regularly during infancy and the preschool years to prevent (and treat) health problems that could interfere with development.

Prevention (continued) Vaccines for children program (VFC) The purpose is to prevent childhood diseases such as rubella, mumps, measles, diphtheria, tetanus, and pertussis.

Prevention (continued) Supplemental food program for women, infants, and children (WIC) The law allocates nutrition money to state agencies and to certain Native American tribes. The funds are to be used to provide healthy foods to low-income pregnant and nursing mothers and to infants and young children at-risk for medical problems.

Prevention (continued) Medicaid and the Children’s Health Insurance Program It provides medical assistance to low-income families and children with disabilities.

Objectives: Revisited After reading this chapter, you should be able to: Discuss how the early intervention and civil rights movement set the stage for current legislation and individuals with disabilities Explain the impact of landmark legislation for people with disabilities Identify the components of No Child Left Behind (NCLB) 2001 including recent changes made Highlight the landmark case law for the inclusion of all children Provide an overview of public policy and gifted children Describe three pieces of legislation designed to prevent developmental disabilities in children