EDU 221 2014sp Federal legislation chapter 2


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EDU 221 2014 sp The Exceptional Child

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EDU 221 2014sp Federal legislation chapter 2

  1. 1. Federal Legislation: Early Intervention and Prevention The Exceptional Child: Inclusion in Early Childhood Education K. Eileen Allen, Glynnis E. Cowdery Chapter 2
  2. 2. Objectives • I can describe legislation that has impacted the education of children with disabilities • I can explain how prevention can reduce the prevalence of primary and secondary disabilities
  3. 3. History • Just as with other children the development of children with disabilities is maximized in positive environments and through high quality experiences. • Where children with disabilities were once institutionalized, the movement in the 60s was to close institutions. People with disabilities returned to their homes and communities. • The civil rights movement impacted the rights of individuals with disabilities. Here is current civil rights information from ARC
  4. 4. Head Start • Compensatory education – Head Start began in 1965 as part of President Johnson’s War on Poverty. • Designed for children • In poverty or with other disadvantages • To provide them opportunities more advantaged children receive • High quality (based on best practice and research) is key to these programs
  5. 5. Gifted and Talented • This is an often neglected category of children with exceptionalities • Multiple Intelligences vs. traditional definition of gifted • Ben Carson (interesting human interest story) – likely candidate for a gifted program? How many children like Ben Carson are we not seeing in gifted programs? • Single parent house and mother with 3rd grade education • Horrific temper • Bottom of his class in elementary
  6. 6. Important Legislation • Head Start and Early Head Start – currently no Early Head Start in our community • Section 504 – many children in our schools have “504 plans” – these cover accommodations for disabilities that may not require special education intervention. Example – special testing accommodations for students with severe test anxiety • PL 94-142 – Education of All Handicapped Children Act – 1975; currently known as IDEA – Individuals with Disabilities Education Improvement Act- All children, regardless of disability, have the right to a free and appropriate public education (FAPE)
  7. 7. FAPE – the Nuts and Bolts • All children, not matter the severity of the disability • Nondiscriminatory – testing must be in a child’s primary language and avoid cultural biases; example – a test question that refers to an escalator may not be appropriate for a child who has never been to a city. • Appropriate – as determined by a team including, but not limited to: child’s parent(s), other service providers (OT, PT, speech, etc.), teacher, Local Education Agency (LEA) representative, etc. through the child’s IEP (Individualized Education Plan) or IFSP (Individualized Family Service Plan)
  8. 8. FAPE – the Nuts and Bolts (cont.) • Least Restrictive Environment (LRE) – child must have opportunity to be educated alongside typically developing peers • Connection to our current knowledge – Example: Multi-disciplinary team, including parents, determines placement of a child with disabilities in the same elementary school his or her siblings attend or at North Shelby. • Due Process – parents have the right to due process if they do not agree with their child’s educational plans or actions being taken by a school such a removing their child from a classroom because of annoying behaviors.
  9. 9. FAPE – the Nuts and Bolts (cont.) • Parent Participation – parents are considered an integral part in the educational planning for their child with disabilities. • Transition planning – for students from 16 – 21 years; multidisciplinary team helps student transition from public school into adult settings (may include work in public or sheltered workshop type settings, group home or independent living situations, etc.) • FAPE (Free Appropriate Public Education) is provided by the public schools for children with disabilities from 3 – 21 years old.
  10. 10. Later Amendments - 1986 • Addition of services for children from birth – age 3. • Child does not have to have an identified disability (label) • IFSP must be provided by a multi-disciplinary team, including parent(s) • Services must be provided in a child’s natural setting (home, child care center, etc.) • Child Find – concerted efforts to locate children and their families who may be eligible for services. • Transition services – supporting the child’s transition to kindergarten
  11. 11. Later Amendments – 1986 (cont.) • Connection to local services – In our area, CDSA (Children’s Developmental Services Agency) • provides services for families whose children have identified disabilities • who may be at risk for disabilities (premature babies, babies with developmental delays) • Part of NC Department of Health and Human Services • NC Infant-Toddler Program – contact information for Shelby CDSA and other information may be found here.
  12. 12. Later Amendments - 2005 • All of the above, plus • “highly qualified” special education teacher in addition to “highly qualified” regular education teachers • Functional behavior assessments – children with disabilities may not be expelled from school for behaviors that are the result of the disability; those who are expelled from school for behaviors not related to the disability are still eligible for an education and the LEA must provide the education. • Lengths of suspensions and other discipline issues are addressed in later amendments.
  13. 13. ADA – Americans with Disabilities Act • Civil rights for all people (not just school aged) • Provides access to buildings • Anti-discrimination in work, etc. • Connection to us – must be followed at CCC and other colleges – Example: our online courses must be set up in ways that could be adapted for students with disabilities if necessary.
  14. 14. Prevention • Prenatal care • Genetic counseling • Amniocentesis and Chorionic Villus Sampling (CVS) • APGAR Scores • Blood test for PKU and other newborn tests • Prevention of secondary disabilities • Preventive healthcare • Immunizations