1. The Power of Federal Regulations and Policies for Successful Inclusion
Amanda Bryans, ACF/HHS
Sharon Walsh, ECTA
May 9, 2018

2. Discussion
Share with a partner challenges you face in providing opportunities for active participation for all young children in inclusive early care and learning settings?

3. Let’s Talk ADA, 504, IDEA and Head Start Performance Standards
Relevant Federal Laws
Let’s Talk ADA, 504, IDEA and Head Start Performance Standards
But Remember –
Check your state laws and rules!
These may provide greater protections than federal rules

4. Reminders: Other Federal Laws Support Inclusive Efforts
Child Care and Development Block Grant
Every Student Succeeds Act (ESSA)
Home Visiting - Maternal, Infant, and Early Childhood Home Visiting Programs
New Federal Early Learning Bill Under Consideration

5. Inclusion is Value Based
25th Anniversary Celebrations of the Americans with Disabilities Act (ADA) and 40th Anniversary of IDEA
“Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society.
Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self- sufficiency for individuals with disabilities.”

6. Federal Policy Statement on Inclusion of Children with Disabilities in EC Programs
It is the Departments’ position that all young children with disabilities should have access to inclusive high-quality early childhood programs where they are provided with appropriate support in meeting high expectations

7. Americans With Disabilities Act
Enacted in 1990 and amended in 2008
Civil Rights law – no funding provided
Prohibits discrimination on basis of disability in:
Employment
State and local governments
Public accommodations
Public transportation
Telecommunications

8. Who Is Eligible? An individual who:
Has a physical or mental impairment that substantially limits one or more major life activities;
Or has a record of having a disability; or
Who is regarded as having a disability

9. What Are Major Life Activities?
Major life activities include, but are not limited to:
Lifting,
Bending,
Speaking,
Breathing,
Learning,
Reading,
Concentrating,
Thinking.
Writing,
Communicating,
Interacting with others, and
Working;
Caring for oneself, Performing manual tasks, Seeing, Hearing, Eating, Sleeping Walking, Standing, Sitting, Reaching,

10. ADA Protections
Guarantees reasonable modifications in policies, practices, and procedures to allow full participation in programs
Programs operated by religious organizations are exempt
Preschool programs, Head Start, child care centers and family child care homes are covered

11. ADA Says…
Can’t exclude children unless they pose a “direct threat” to health or safety of others or require “fundamental alteration” of the program
Must make reasonable accommodations to policies and practices unless doing so would result in “fundamental alteration”
Must provide aids and services for effective communication unless “undue burden”

12. ADA Says…
Must eliminate eligibility criteria that explicitly exclude children with disabilities
Must eliminate admissions criteria such as “toilet trained,” that would result in discrimination of children with disabilities
May impose legitimate safety requirements if necessary for safe operation
Can’t charge more for children with disabilities
Can’t refuse a child because concern about insurance increases

13. Accessibility
Buildings built or renovated before 1993 must make “readily achievable” architectural modifications
This means easily accomplishable and able to be carried out without much difficulty or expense
Extensive information about access guidelines is available at

14. Federal DOJ Settlement Agreements Have Addressed
Glucose testing for children with diabetes
Children with severe allergies and use of epinephrine
Assistance with leg braces; diapering; age-appropriate placement
Child with Down Syndrome refused admission
Nondiscrimination policy ensuring that “children with disabilities have a full and equal opportunity to participate in and benefit from private school programs is an issue of public importance.”

15. What Are Good Examples of Reasonable Modifications?
Changing schedule
Modifying no-medication policy
Modifying policy on toileting
Providing additional prompts and cues
Using assistive technology …

16. Section 504 of the Rehabilitation Act of 1973
Applies to entities receiving Federal funds
Civil Rights protections against discrimination
Provides no funding
Same eligibility of “disability” as ADA
Similar protections to Title II of ADA
No religious exemption

17. 504 Statute – Civil Rights
“No otherwise qualified individual with a disability in the United States…shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…”

18. 504 Regulations 34 CFR 104.38 “Preschool and Adult Education:
“A recipient to which this subpart applies that provides preschool education or day care or adult education may not, on the basis of handicap, exclude qualified handicapped persons and shall take into account the needs of such persons in determining the aid, benefits, or services to be provided.”
Also – same as at 45 CFR – HHS Regulations

19. Individuals with Disabilities Education Act (IDEA)
Part C (B-3) 34 CFR Part 303
Part B (3-21) 34 CFR Part 300
“IDEA’s strong preference for educating students with disabilities in regular classes with appropriate aids and supports.”
“regular class includes a preschool setting with typically developing peers”

20. IDEA Infants and Toddlers - Natural Environment
To the maximum extent appropriate, early intervention services are provided in natural environments; and
The provision of early intervention services for any infant or toddler with a disability occurs in a setting other than a natural environment that is most appropriate, as determined by the parent and the individualized family service plan team, only when early intervention cannot be achieved satisfactorily for the infant or toddler in a natural environment.” 34 CFR

21. Natural Environments
Natural environments means settings that are natural or typical for a same-aged infant or toddler without a disability, may include the home or community settings, and must be consistent with the provisions of §
“[the Department] does not believe that a clinic, hospital or service provider’s office is a natural environment for an infant or toddler without a disability; therefore, such a setting would not be natural for an infant or toddler with a disability.” 

22. Individualized Family Services Plan (IFSP)
Early Intervention Services:
“The determination of the appropriate setting for providing early intervention services to an infant or toddler with a disability, including any justification for not providing a particular early intervention service in the natural environment for that infant or toddler with a disability and service, must be—
Made by the IFSP Team (which includes the parent and other team members);
Consistent with the provisions in (a)(8), , and ; and
Based on the child‘s outcomes that are identified …”

23. IDEA Preschool LRE requirements
Each public agency must ensure that:
To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and
Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

24. Content of IEP
An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described;
The Department stated that “regular class” includes a preschool setting with typically developing peers

25. HEAD START 102,374 Children with IEPs Diagnosed-
Prior to enrollment 59,253
During enrollment year 43,121
The number who have not received services 1,261
30,438 with IFSPs
Prior to enrollment into the program for this enrollment year 19,281
During enrollment year 11,083
The number who have not received services 213

26. What is happening since the 2016 Performance Standards Revision?
Inclusion Challenges
Child with delay, not eligible under IDEA
Bussing to alternate site for services

27. What is happening for children and Families?
Substance Misuse Crisis
Trauma
Classroom Management Issues
How Do Programs Help?

28. Transition to Kindergarten
OHS Priority-
Building relationships between Head Start centers and receiving elementary schools
Sharing information
Maintaining and increasing gains

29. HEAD START RESOURCES Available Here https://eclkc. ohs. acf. hhs

30. Child Care Block Grant Federal Law
The CCDBG Act of 2014 requires that States:
Develop strategies for increasing the supply and quality of child care services for children with disabilities;
Provide information about the availability of the full diversity of child care services that will promote informed child care choices and that concerns programs carried out under Part B section 619 and part C of the IDEA;
Provide information on developmental screenings including Part B section 619 and part C of the IDEA; and

31. Child Care Block Grant Federal Law
Provide training and professional development appropriate for a population of children that includes children with disabilities
Promote and expand child care providers’ ability to provide developmentally appropriate services for infants and toddlers through training and professional development; coaching and technical assistance and improved coordination with early intervention specialists who provide services for infants and toddlers with disabilities

32. Home Visiting
The Maternal, Infant, and Early Childhood Home Visiting Program
Gives pregnant women and families, particularly those considered at-risk, necessary resources and skills to raise children who are physically, socially, and emotionally healthy and ready to learn.
Goals for every program are to:
improve maternal and child health,
prevent child abuse and neglect,
encourage positive parenting, and
promote child development and school readiness.
visiting-overview

33. Title 1 State Plans How SEA will provide:
Assistance to LEAs and schools
using Title I funds to support early childhood education
Information on family engagement and child development to early childhood and K-12 teachers and principals.
State report cards include number and percentage of children enrolled in preschool programs.

34. Title I LEA Requirements
Using Title I funds for preschool is a local decision.
LEAs, and schools who opt to provide early childhood programming in their schoolwide model, are required to create interagency agreements to coordinate services with Head Start agencies.
If the LEA is providing early childhood education services with Title I funds, these services must meet, at a minimum, the education performance standards of the Head Start Program Performance Standards that are aligned with the Head Start Child Early Learning Outcomes Framework Ages Birth to Five (2016).
ECTACenter.org

35. ESSA and Early Learning
Authorized the first B-5 Preschool Development
Grant program jointly administered by HHS and DOE
State and local planning requirements
Early learning coordination within communities
Collaboration with families
Literacy
Greater alignment with early elementary grades
Early childhood education focused capacity
building among teachers, leaders, and staff serving
young children
ECTACenter.org

36. Child Care for Working Families Act
Senator Patty Murray (WA-D) introduced S.568 that has 31 cosponsors
Representative Bobby Scott (VA-D) introduced H.R that has 122 cosponsors

37. Outline of the Bill – A Vision for the Future
Title I – Child Care and Development Assistance
Title II – High Quality Preschool
Title III – Head Start Expanded Duration
Title IV – Appropriations for Supports and Services for Inclusive Child Care for Infants, Toddlers, and Children with Disabilities – Part C and Preschool 619
Title V - Maternal, Infant, and Early Childhood Home Visiting Program

38. Discussion
Can you give us an example of a success you’ve had and the strategies that led to that success?

39. OSEP Dear Colleague Letter on Preschool LRE
Reaffirms ED’s position that all young children with disabilities should have access to inclusive high-quality early childhood programs where they are provided with individualized and appropriate supports to enable them to meet high expectations.
mosdcltrs/preschool-lre-dcl pdf

40. Dear Colleague Letter on RTI and Referrals to IDEA
States and LEAs have an obligation to ensure that evaluations of all children suspected of having a disability, including evaluation of 3-, 4-, or 5- year-old children enrolled in preschool programs, are not delayed or denied because of implementation of an RTI strategy.
Once an LEA receives a referral from a preschool program, the LEA must initiate the evaluation process to determine if the child is a child with a disability. 34 CFR § (b). An LEA may not decline a child find referral from a preschool program until the program monitors the child's developmental progress using RTI procedures pdf

41. Department of Justice ADA Information Line – 800-514-0301
“Commonly Asked Questions about Child Care Centers and the ADA”
A 13-page publication that provides answers to commonly asked questions about how the ADA applies to Child Care

42. ESSA and Early Childhood
Early Learning in the ESSA Act U.S. Department of Education, Office of Early Learning, 2016
What Early Learning in ESSA Can Look Like for States and Districts First Five Fund 2017
Unlocking ESSA's Potential to Support EL
CEELO ESSA Center on Enhancing Early Learning Outcomes (CEELO) webpage on ESSA implementation
plans-states-using-law/ First Five Years – ESSA Plan Reviews

43. ED-HHS Joint Policy Statement
Inclusion of Children with Disabilities in Early Childhood Programs
programs

44. Resources: Early Childhood TA Center
Under Topics select “LRE” and “natural environments”

45. Resources: DEC Recommended Practices
The goal of the Recommended Practices is to inform and improve the quality of services provided to young children with or at risk of disabilities or delays and their families.
The Recommended Practices bridge the gap between research and practice by highlighting those practices that have been shown to result in better outcomes for young children with disabilities, their families, and the personnel who serve them.
“The DEC Recommended Practices were developed to provide guidance to practitioners and families about the most effective ways to improve the learning outcomes and promote the development of young children, birth through five years of age, who have or are at-risk for developmental delays or disabilities.”
“The DEC Recommended Practices support children's access and participation in inclusive settings and natural environments and address cultural, linguistic, and ability diversity. They also identify key leadership responsibilities associated with the implementation of these practices.”

46. Resources
OSEP Dear Colleague Letter (DCL) related to Preschool Least Restrictive Environment (LRE): dcltrs/preschool-lre-dcl pdf
Head Start Early Learning Framework:
Head Start Program Performance Standards: final.pdf

47. Resources (Continued)
ACF IM: Developmental & Behavioral Screenings in CCDBG
DEC/NAEYC: Position on Early Childhood Inclusion
ECLKC web resources: system/teaching/Disabilities
ED Web page:
HHS Web page: early-childhood-programs
Child Care Law Center – 2012 Q and A:
Foundations of Inclusion Training Curriculum, revised 2014:

48. Thank You