©2015 Cengage Learning. All Rights Reserved. Chapter 2 Federal Legislation: Early Intervention and Prevention

©2015 Cengage Learning.All Rights Reserved.

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 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.



• 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



• 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.



• 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



– 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.



– 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.



– 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.



• 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.



– 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 herneeds and of the services prescribed.

– An Individualized Service Plan or IFSP is developed to address the needs identified by the team including the family.



– 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 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.



– 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.



• 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.



• 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:

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.”


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



• 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.



• 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.



• Vaccines for children program (VFC)– 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 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.



• Medicaid and the Children’s Health Insurance Program– It provides medical assistance to low-income

families and children with disabilities.

Documents

©2015 Cengage Learning. All Rights Reserved. Chapter 2 Federal Legislation: Early Intervention and Prevention