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Chapter 2Federal Legislation: Early Intervention

and Prevention


The Early Intervention Movement

• Environment and experience– The belief that children are what they are has

been challenged.– Environment can 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.


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.


Landmark Legislation and People with Disabilities

• University Centers of Excellence in 2000 (PL 106-402)

• 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 problems• 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.



• Head Start amendments (PL 92–424)– Mandated (required) that 10 percent of Head

Start’s enrollment be reserved for children with developmental disabilities



• Head Start continues to grow– Early Head Start

• serves low-income women and their very young children

• is designed around four cornerstones: child development, family development, community development, and staff development



• Head Start continues to grow– Disability services quality improvement

centers• There are 12 in the United States.• They provide information, personnel training,

services, and equipment in collaboration with various agencies.



• 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 requires schools to make accommodations for children who have disabilities but do not qualify for special education.



• Education of All Handicapped Children Act (PL 94–142)– Now called the Individuals with Disabilities

Education Act (IDEA)– Guarantees all children a free, appropriate,

public education– Encourages states to locate and serve

preschool children needing early intervention services



– IDEA 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.



– IDEA 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.



– IDEA mandates• Parent participation

– States must provide mediation to schools and parents if there are disagreements about children’s educational services.



• Education of the Handicapped amendments (PL 99–457)– Services for children birth to age 3

• 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.



• Education of the Handicapped amendments (PL 99–457)– 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 .• Individualized family service plan (IFSP):

multidisciplinary, written assessment of their needs and of the services prescribed.



• Education of the Handicapped amendments (PL 99–457)– 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.



• Latest updates on IDEA– 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.

– 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.



• Latest updates on IDEA (continued)– 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.



• 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.



• 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.



• No Child Left Behind (PL 107–110)– 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 – teacher requirements and family initiatives


Assessment and Children with Disabilities (continued)

• 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.


Inclusion and Case Law

• Sacramento Unified School District v. Holland (1992)

– The district court ruled that she 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:

1. What educational benefits are available to the child with disabilities when supplemented by the appropriate supports?

2. What are the nonacademic (e.g., social) benefits of placement in a general education classroom?

3. What is the effect on nondisabled children?4. 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.”


Prevention and Related Legislation

• The timing of prevention– Prevention before conception

• Genetics.• Chromosomal mishaps.• Amniocentesis and chorionic villus sampling

can be done to assess the unborn child.


Prevention and Related Legislation (continued)

• Timing of prevention– Prevention during pregnancy

• Good maternal health• Adequate prenatal care• Forgoing drugs and alcohol



• Timing of prevention– Prevention during and after birth

• Appropriate medical services• Routine screenings (APGAR)• Blood tests• Routine well baby checkups



• 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.



• 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.



• Childhood immunization– The purpose is to prevent childhood diseases

such as rubella, mumps, measles, diphtheria, tetanus, and pertussis



• Supplemental food program for women, infants, and children (WIC)– The law allocates nutrition money to state

agencies and to certain Indian 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.



• Medicaid– It provides medical assistance to low-income

families and children with disabilities.

Chapter02 allen7e

Education

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