1. (text: chapter 2)

2.  Define and describe legislation  List and describe several landmark legislations and current special education laws

3. emphasizes family support/participation supports inclusion of children with disabilities promotes a child’s right to be educated alongside their peers Legislation:

4. is not fixed at the time of birth (genetics), but influenced by environment & experience (Bloom, 1964: Hunt, 1961) develops most rapidly throughout the early years depends on appropriate stimulation from the environment Research shows that intelligence… early intervention compensatory education programs, such as Head Start (1965), designed for children who are disadvantaged. (Their purpose is to provide the some of the same opportunities that advantaged children enjoy). Because of this research, policymakers felt they needed to provide the community with enriched learning environments

5. National Association for Retarded Children (NARC)-earliest & most influential, later re-named Association for Retarded Citizens (ARC) & is now referred to as ARC for people with intellectual & developmental disabilities --continues to be a powerful advocacy group Council for Exceptional Children (CEC) Division of Early Childhood (DEC), which is a division of CEC American Speech, Language and Hearing Association (ASHA) A few special- interest groups that helped produce a number of important laws referred to as landmark legislations :

6.  PL 90-538 (1968) Handicapped Children’s Early Education Assistance Act (HCEEP) renamed Early Education Project for Children with Disabilities (1992)  purpose is to improve early intervention services for children with disabilities, children who are at risk for disabilities and their families  first heard about people-first terminology  this program no longer exists

7.  Head Start Act of 2007, previously known as 92-424 (1972) Head Start Amendments  mandates that not less than 10% of Head Start’s enrollment be children with disabilities, not those who just met the economic requirement  Early Head Start (1995)-serves very low income women and their very young children, helps families develop community-based supports, teaches child development, family development, community development and staff development (Lally & Keith, 1997)  PL 106-402 Developmental Disabilities Act (DDA)  authorized in the Rehabilitation Act of 1973 & later reauthorized in 2000  known as Section 504, which focuses on reducing discrimination against individuals with disabilities  everyone with a disability be given access to education, jobs, housing and public buildings  ruled that states offering preschool services to non-disabled children must also offer comparable services to those with disabilities  schools must accommodate children who have disabilities but do not qualify for special education (i.e. children with ADD may need special accommodations)

8.  PL 94-142 (1975) Education for All Handicapped Children Act  popular title is The Bill of Rights for Handicapped Children  required to be reauthorized every 10 years; most recent reauthorization, PL 108-446, was in 2004  now known as Individuals with Disabilities Education Improvement Act (IDEIA) to reflect a more people-first terminology  guaranteed the right to a free and appropriate public education (FAPE)  children must be provided with appropriate education services that reflect their IFSP/IEP  children must be educated in the least restrictive environment (LRE), with specialized supports provided if necessary  aligns closely with the No Child Left Behind (NCLB) Act, helping to ensure equity, accountability, & excellence in education for children with disabilities

9.  PL 99-457 (1986) Education of the Handicapped Amendments  most comprehensive legislation that mandated services for children birth through 3 years old  IDEA 2004 reconstructed this bill so services for infants & toddlers are now covered under Part C (formerly known as Part H) * Part C states that: * individuals to be served are infants & toddlers who are experiencing developmental delays or are at risk for developing substantial delay * very young children no longer need a label to be served * there will be an Individualized Family Service Plan (IFSP) & services need to take place in a natural environment  in 2004 new criteria were added in terms of the IFSP development, Child Find (the process of finding & identifying children who require EI services), transition to kindergarten and dispute resolution (mediation)

10.  now called Individuals with Disabilities Education Improvement Act, PL 108-446, last updated in 2004  “highly qualified” special education teachers are required to hold at least a Bachelor’s degree, and have a full state special education licensure  there are extensive provisions for children with disabilities who are homeless/members of highly mobile populations  Part C is extended to include infants & toddlers beyond 2 years of age up until kindergarten  there are different rules/limitations in the area of disciplining students with special needs (cannot be suspended for more than 10 days if conduct was related to disability)

11.  PL 101-336 (1990) Americans with Disabilities Act (ADA)  parallels Section 504 of the Rehabilitation Act  gives civil rights protection to individuals in private employment, all public services, accommodations, transportation and telecommunications (TDD line), access to child care and recreational programs for younger children  a center or school (public & private):  must provide children & parents with disabilities with an equal opportunity to participate in their programs & services  cannot exclude children with disabilities from their programs unless their presence would pose a direct threat to the health or safety or require a fundamental alteration of the program  has to make reasonable modifications to their policies & practices to include children & parents/guardians with disabilities in their program (the only exception is if doing so would require a fundamental alteration of the program)  must provide appropriate auxiliary aids & services needed for effective communication w/children & adults with disabilities, when doing so would not constitute an undue burden  must generally make their facilities accessible to person w/disabilities; existing buildings must be modified to remove barriers

12.  Section 504 of the Rehabilitation Act  widely recognized as the 1 st civil rights statute for persons with disabilities  protects qualified individuals from discrimination based on their disability (a person with a physical or mental impairment that substantially limits 1 or more major life activities)  prohibits employers & organizations (that receive financial assistance from any federal department/agency) from excluding or denying individuals w/disabilities an equal opportunity to receive program benefits & services  PL 107-110 (2002) No Child Left Behind Act (NCLB)  intended to improve reading & math testing in public schools  requires states to develop accountability standards that measure students annual progress in math and reading  states are required to bring all students up to the “proficient” level on state tests by the 2013-2014 school year; ensures that by 2014, no child is left behind  if states show growth in accountability, they qualify for federal funding (if they show little/no growth, they are at risk for outside corrective measures, losing funding &/or teachers)  takes into account children with disabilities, English as a second language, children of Native American/Alaskan descent, children of migrant workers and those at risk/abused

14.  since the implementation of NCLB, concerns have arisen over the rules regarding adequate yearly progress and the goal of 100% proficiency by 2014  in 2010, 38% of schools were failing to make adequate yearly progress; this was up from 29% in 2006 (Education Week, 2011)  in March 2010, Obama released his plan for the Elementary & Secondary Education Act, the precursor to the NCLB  proposed the strict accountability punishments to states be lessened by focusing more on student improvement  improvement measures included assessing all children appropriately, including ELL, minorities, & special needs students  measurement would be expanded beyond solely reading & math tests  in 2012, Obama granted waivers from NCLB requirements to several states  in exchange for increased flexibility, states developed plans designed to improve educational outcomes for all students, close achievement gaps, increase equity, & improve the quality of instruction  as of January 2013, 34 states have been approved for flexibility; 44 have submitted requests

15. children with disabilities or delays are to be tested just like those without disabilities beginning in 3 rd grade, with few exceptions accommodations for testing can be made if it is acknowledged in child’s IEP (if it is not written in there, no accommodations can be made) a few children are exempt from state/national testing if they have cognitive or other severe limitations that they cannot successfully take part alternate assessments, such as observations, parent input, teacher input, can be used

16. Prevention and Federal Legislation PL 90-248 (1967) Early and Periodic Screening, Diagnosis, and Treatment-EPSDT  major focus is the prevention of developmental disabilities  low-income children are screened regularly to prevent, detect and treat health problems that could interfere with development  Vaccines for Children (VFC) program-helps provide vaccines to children whose parents/guardians may not be able to afford them  supplemental food program for women, infants and children (WIC)-1972-gives “nutrition” money to state agencies to provide healthy foods to low-income pregnant and nursing mothers and infants & children at risk for medical problems, provides nutritional counseling & education to families  Medicaid and the Children’s Health Insurance Program (CHIP)- jointly funded federal & state programs that provide medical assistance to families who financially qualify and children with disabilities provides coverage for over 36 million children each year

17. **ACTIVITY** Federal Legislation Matching Worksheet (Complete for homework)

18.  Week 4: (~30 minutes) A. Introduction to Module 1 1. Video Clip-CONNECT Modules 5-Step Learning Cycle™ (1:40min) 2. Video Clip-Foundations of Inclusion Birth to Five (12 min) B. Step 1: Dilemma 1. Video Clip 1.1-The teacher’s viewpoint (1:50 min) 2. Video Clip 1.2-The family’s viewpoint (2:20 min) 3. Activity Sheet 1.1a-Describe the dilemma C. Step 2: Question 1. Activity Sheet 1.2a-Turn the dilemma into an answerable question Test #1 Review Game: Jeopardy

19.  Introduce assignment & TPBA.  Hand out Kassandra Informational packets.  Choose transdisciplinary groups (students choose on own) and exchange personal information.  Introduce Kassandra through social history (pg 14-final report) and parent pre-assessment interview (pg 5).  If time permits, introduce Kassandra Summary Sheets (for each specific discipline) & Birth-3 HELP Checklists.

20. Test #1 Review Game: Jeopardy