Chapter02 allen7e

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EDU 221 Children With Exceptionalities

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Chapter02 allen7e

  1. 1. ©2012 Cengage Learning. All Rights Reserved. Chapter 2 Federal Legislation: Early Intervention and Prevention
  2. 2. ©2012 Cengage Learning. All Rights Reserved. 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.
  3. 3. ©2012 Cengage Learning. All Rights Reserved. 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.
  4. 4. ©2012 Cengage Learning. All Rights Reserved. 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.
  5. 5. ©2012 Cengage Learning. All Rights Reserved. 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
  6. 6. ©2012 Cengage Learning. All Rights Reserved. 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.
  7. 7. ©2012 Cengage Learning. All Rights Reserved. Landmark Legislation and People with Disabilities (continued) • Head Start amendments (PL 92–424) – Mandated (required) that 10 percent of Head Start’s enrollment be reserved for children with developmental disabilities
  8. 8. ©2012 Cengage Learning. All Rights Reserved. Landmark Legislation and People with Disabilities (continued) • 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
  9. 9. ©2012 Cengage Learning. All Rights Reserved. Landmark Legislation and People with Disabilities (continued) • 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.
  10. 10. ©2012 Cengage Learning. All Rights Reserved. Landmark Legislation and People with Disabilities (continued) • 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.
  11. 11. ©2012 Cengage Learning. All Rights Reserved. Landmark Legislation and People with Disabilities (continued) • 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
  12. 12. ©2012 Cengage Learning. All Rights Reserved. Landmark Legislation and People with Disabilities (continued) – 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.
  13. 13. ©2012 Cengage Learning. All Rights Reserved. Landmark Legislation and People with Disabilities (continued) – 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.
  14. 14. ©2012 Cengage Learning. All Rights Reserved. Landmark Legislation and People with Disabilities (continued) – IDEA mandates • Parent participation – States must provide mediation to schools and parents if there are disagreements about children’s educational services.
  15. 15. ©2012 Cengage Learning. All Rights Reserved. Landmark Legislation and People with Disabilities (continued) • 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.
  16. 16. ©2012 Cengage Learning. All Rights Reserved. Landmark Legislation and People with Disabilities (continued) • 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.
  17. 17. ©2012 Cengage Learning. All Rights Reserved. Landmark Legislation and People with Disabilities (continued) • 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.
  18. 18. ©2012 Cengage Learning. All Rights Reserved. Landmark Legislation and People with Disabilities (continued) • 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.
  19. 19. ©2012 Cengage Learning. All Rights Reserved. Landmark Legislation and People with Disabilities (continued) • 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.
  20. 20. ©2012 Cengage Learning. All Rights Reserved. Landmark Legislation and People with Disabilities (continued) • 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.
  21. 21. ©2012 Cengage Learning. All Rights Reserved. Landmark Legislation and People with Disabilities (continued) • 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.
  22. 22. ©2012 Cengage Learning. All Rights Reserved. Landmark Legislation and People with Disabilities (continued) • 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
  23. 23. ©2012 Cengage Learning. All Rights Reserved. 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.
  24. 24. ©2012 Cengage Learning. All Rights Reserved. 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?
  25. 25. ©2012 Cengage Learning. All Rights Reserved. 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.”
  26. 26. ©2012 Cengage Learning. All Rights Reserved. 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.
  27. 27. ©2012 Cengage Learning. All Rights Reserved. Prevention and Related Legislation (continued) • Timing of prevention – Prevention during pregnancy • Good maternal health • Adequate prenatal care • Forgoing drugs and alcohol
  28. 28. ©2012 Cengage Learning. All Rights Reserved. Prevention and Related Legislation (continued) • Timing of prevention – Prevention during and after birth • Appropriate medical services • Routine screenings (APGAR) • Blood tests • Routine well baby checkups
  29. 29. ©2012 Cengage Learning. All Rights Reserved. Prevention and Related Legislation (continued) • 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.
  30. 30. ©2012 Cengage Learning. All Rights Reserved. Prevention and Related Legislation (continued) • 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.
  31. 31. ©2012 Cengage Learning. All Rights Reserved. Prevention and Related Legislation (continued) • Childhood immunization – The purpose is to prevent childhood diseases such as rubella, mumps, measles, diphtheria, tetanus, and pertussis
  32. 32. ©2012 Cengage Learning. All Rights Reserved. Prevention and Related Legislation (continued) • 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.
  33. 33. ©2012 Cengage Learning. All Rights Reserved. Prevention and Related Legislation (continued) • Medicaid – It provides medical assistance to low-income families and children with disabilities.

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