Transcript Slide 1
Making Inclusion Work:
Relevant Federal Regulations
and Policies
Sharon Walsh
Early Childhood Technical Assistance Center (ECTA)
2015
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The Time Is Now
25th Anniversary of Americans with Disabilities Act
(ADA)
40th Anniversary of the 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 selfsufficiency for individuals with disabilities.”
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The Timing Is So Right
61 Years Ago…..
Chief Justice Warren, announcing a
unanimous decision declaring
segregation in public schools
unconstitutional "We conclude that in the field of
public education the doctrine of
‘separate but equal’ has no place.
Separate educational facilities are
inherently unequal. . .“
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Expanded Federal Efforts
Dedicated
funding streams being
considered by the Congress
Major Priority of the Administration
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states- Race to the Top – EL grants
Preschool Development and Expansion
Grants and Child Care/Head Start Grants
Draft Inclusion Policy Statement being
released for comment this week!
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Policy Statement on Expulsion and
Suspension Policies in Early Childhood
Settings
Issued December 2014 by U.S.
Secretaries of ED and HHS
Provides recommendations for
preventing & severely limiting
expulsion & suspension practices in
early childhood settings.
www2.ed.gov/policy/gen/guid/scho
ol-discipline/policy-statement-eceexpulsions-suspensions.pdf
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OCR Data
http://ocrdata.ed.gov/
“In
preschool, black children
are being suspended at a
disproportionately high rate.”
Preschool
children who are
black represent 18% of children
enrolled but 42% of children
who are expelled once.
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Discussion
Now….lets
discuss the policy
(laws, regulations) that
supports our inclusion work….
What policy challenges are
you facing?
How these requirements assist
your community to further
inclusion…
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Relevant Federal
Laws
Let’s Talk ADA, 504, and
IDEA
But Remember –
Check your state laws and
rules!
These may provide greater
protection than ADA or
Section 504
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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
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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
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What Are Major Life
Activities?
Major life activities include
(but not limited to):
Walking
Seeing
Hearing
Sleeping
Standing
Thinking
Communicating
Learning
Taking care of self
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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, child care
centers and family child care homes
are covered
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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”
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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
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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
www.access-board.gov
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Federal Settlement
Agreements with Dept of
Justice
KinderCare and LaPetite – Glucose
testing for children with diabetes
LaPetite – children with severe
allergies and use of epinephrine
Sunshine Child Center – assistance
with leg braces; diapering; ageappropriate placement
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More Settlements
Rainbow River Child Development
Center – requires implementation of
policies related to children with diabetes
Apple Tree Children’s Center –
Implementation of nondiscrimination
policy related to children with
disabilities, particularly a child with Down
Syndrome who had been refused
admission
“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.”
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More Settlements
Children’s House – agreement to
modify “no medication” policy to
assist children with asthma
Beginning Montessori Academy –
Implementation of policies to make
reasonable modifications in polices,
practices or procedures to provide
equal opportunity for participation
of children with disabilities,
specifically related a child with
autism
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Department of Justice
ADA Information Line – 800-5140301
“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
http://www.ada.gov/chcaflyr.htm
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What Are Good Examples of
Reasonable Modifications?
Changing schedule
Modifying no-medication policy
Modifying policy on toileting
Providing additional cues
Using assistive technology
…
…
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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
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504 Statute
“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…”
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504 Regulations
Subpart
D of 34 CFR Part 104
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.”
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Head Start Standards at
1308
Head Start grantee, or delegate agency, if
appropriate, must develop a disabilities service
plan providing strategies to meet special needs
of children with disabilities and their parents.
The plan must be updated annually.
The plan must include provisions for children
with disabilities to be included in the full
range of activities and services normally
provided to all Head Start children and
provisions for any modifications necessary to
meet their special needs.
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Individuals with Disabilities
Education Act (IDEA)
Part
C (B-3) 34 CFR Part 303
Part B (3-21) 34 CFR Part 300
OSEP released LRE Guidance, February 2012
“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”
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Part C - 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 303.126t
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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 §303.126.
“[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.”
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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 §§ 303.13(a)(8), 303.26, and
303.126; and
Based on the child‘s outcomes that are identified …”
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300.114 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.
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300.320(a)(5) 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
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300.115 Continuum of
alternative placements
Each
public agency must ensure
that a continuum of alternative
placements is available to meet
the needs of children with
disabilities for special education
and related services.
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Continued…
The continuum must:
Include the alternative placements
listed in the definition of special
education under §300.38 (instruction
in regular classes, special classes,
special schools, home instruction, and
instruction in hospitals and institutions);
and
Make provision for supplementary services
such as resource room or itinerant
instruction) to be provided in conjunction
with regular class placement.
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300.116 Placements
In determining the educational placement
of a child with a disability, including a
preschool child with a disability, each
public agency must ensure that:
The placement decision:
Is
made by a group of persons, including the
parents, and other persons knowledgeable
about the child, the meaning of the evaluation
data, and the placement options; and
Is made in conformity with the LRE provisions;
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Continued…
(b) The child’s placement:
Is determined at least annually;
Is based on the child’s IEP; and
Is as close as possible to the child’s
home;
(c) Unless the IEP of a child with a
disability requires some other
arrangement, the child is educated in
the school that he or she would
attend if nondisabled;
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Continued…
(d) In selecting the LRE,
consideration is given to any
potential harmful effect on the
child or on the quality of services
that he or she needs; and
(e) A child with a disability is not
removed from education in ageappropriate regular classrooms
solely because of needed
modifications in the general
education curriculum.
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Supplementary Comments
“Section 300.116 clearly states that
the requirements for determining the
educational placement of a child
with a disability include preschool
children with disabilities and that
such decisions must be made in
conformity with the LRE provisions in
§§300.114 through 300.118. This
includes ensuring that a continuum of
services is available to meet the
needs of children with disabilities for
special education and related
services.”
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Continued…
“The LRE requirements in §§300.114 through
300.118 apply to all children with disabilities,
including preschool children who are entitled
to FAPE. Public agencies that do not operate
programs for preschool children without
disabilities are not required to initiate those
programs solely to satisfy the LRE
requirements of the Act. Public agencies that
do not have an inclusive public preschool that
can provide all the appropriate services and
supports must explore alternative methods to
ensure that the LRE requirements are met.
Examples of such alternative methods might
include placement options in private
preschool programs or other communitybased settings.
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Continued…
“Paying for the placement of qualified
preschool children with disabilities in a
private preschool with children without
disabilities is one, but not the only, option
available to public agencies to meet the
LRE requirements. We believe the
regulations should allow public agencies to
choose an appropriate option to meet the
LRE requirements. However, if a public
agency determines that placement in a
private preschool program is necessary as a
means of providing special education and
related services to a child with a disability,
the program must be at no cost to the
parent of the child.”
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Discussion
Now….lets
discuss the policy
(laws, regulations) that
supports our inclusion work….
What
policy challenges are
you facing?
How
these requirements assist
your community to further
inclusion…
39
Resources
http://www.ectacenter.org/
Child Care Law Center – 2012 Q and A
http://www.childcarelaw.org/
Foundations of Inclusion Training Curriculum,
revised 2014
Under Topics select “LRE” and “natural environments”
http://community.fpg.unc.edu
National Child Care Information & TA Center –
TA Memo – Checklist and Guide for Child Care
Pacer Center – www.pacer.org
www.dec-sped.org Early Childhood Inclusion
(DEC and NAEYC)
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