Allen Chapter 2

Allen and Cowdery The Exceptional Child: Inclusion in Early Childhood Education, Ninth Edition. © 2022 Cengage. All
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Federal Legislation: Early Intervention and
Prevention
Chapter 2

Chapter Objectives (1 of 2)
By the end of this chapter, you should be able to:
2-1 Discuss how the early intervention and civil rights movements set the
stage for current legislation for individuals with disabilities.
2-2 Explain the impact of landmark legislation for people with disabilities.
2-3 Identify the components of No Child Left Behind (NCLB) 2001
(PL 107-110), including recent changes made with the enactment of
Every Student Succeeds Act (ESSA).

Chapter Objectives (2 of 2)
By the end of this chapter, you should be able to:
2-4 Highlight the landmark case law for the inclusion of all children.
2-5 Provide an overview of public policy and gifted children.
2-6 Describe three pieces of legislation designed to prevent developmental
disabilities in children.

Pioneers of Special Education
Jean Jacques Rousseau • Learning must happen in agreement with a child’s
cognitive speed, with minimal outer stimuli from society
• Idea of teaching children individually and at their own
pace established early groundwork for special education
Charles Michel L’Epeé • Founded the first public school for people with disabilities
in France
Jean Marc Gaspard Itard • Founder of special education, first to develop an
individualized curriculum
• Idea that an enriched environment could compensate for
developmental delays caused by heredity or deprivation
Maria Montessori • Included physical and sensory activities to develop the
cognitive abilities in young children, in addition to
previous approaches

Environment and Experience
Intelligence was not fixed at the time of birth—not determined solely by
genetics. Instead, intelligence was shown to be greatly influenced by
environment and experience.
Bloom, 1964; Hunt, 1961
• Children’s intelligence develops most rapidly during their early years
• Development of sound intelligence depends on appropriate stimulation from
the environment
Kirk, 1972

Landmark Legislation (1 of 5)
University Affiliated Facilities
(PL 88-164)
• Create, demonstrate, and evaluate
intervention and educational programs for
children with disabilities and their families
• Provide professionals with interdisciplinary
training
• Conduct research related to human
development and developmental disabilities.
• Establish university-community partnerships
to improve services for people with
disabilities
Handicapped Children’s Early
Education Assistance Act (PL 90–538)
• Improve early intervention services for
children with disabilities or who are at risk,
and their families.
• Federal funds supported experimental
centers known as the First Chance Network
and model demonstration projects.

Head Start Act
• “Open door” policy
• Pioneer in the field of including young
children with severe disabilities in community-
based programs
• Incorporates findings from scientific research,
reflect best practices and lessons from
program innovation, and integrates
recommendations
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.

Individuals with Disabilities Education Improvement Act (IDEIA)
Previously called Education of All Handicapped Children Act (PL 94–142)
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
• Nondiscriminatory evaluation
• Appropriate education
• Least restrictive environment inclusion
• Due process
• Parent participation

Education of the Handicapped Amendments (PL 99–457)
• Individuals to be served
• Labeling no longer required
• Individualized family service plan (IFSP)

Latest Updates on IDEIA (1 of 2)
1. An extensive definition of “highly qualified” special education teachers
a. Obtain at least a BA, full state special education licensure or equivalent, and cannot
hold a temporary or emergency licensure
2. Extensive provisions aim at ensuring special education and related
services for children with disabilities who are experiencing homelessness.
or highly mobile
3. Changes in procedural safeguards
a. Addition of a resolution session prior to a due process hearing
b. Functional behavior assessment

Latest Updates on IDEIA (2 of 2)
4. Authority to extend Part C services for infants and toddler services beyond
the age of two years.
5. Short-term objectives and benchmarks are no longer required sections in
the IEP
6. Disciplining students with disabilities
a. Cannot be suspended from school for more than 10 school days if the misconduct was
related to disability and services still need to be provided
b. 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.

Discussion Activity 1
1. Break into small groups of 3-5 students
2. Consider the evolution of laws and services for educating and including
children with disabilities
• Describe how the experience of a child with a disability would differ in the 1970s
compared to today.
3. Consider how all areas of the child’s life will be impacted in your discussion
• Including education, family relationships, community relationships, career
opportunities as an adult, etc.

Discussion Activity 1 Debrief
1. What differences did your group find in the experience of a child with a
disability in the 1970s compared to today?
2. How did your group analyze the impact of these laws and regulations on
other areas of the child’s life?
3. Can you identify areas in today’s laws or regulations that leave room for
improvement? How would you improve them?

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
• Forced states to create or adopt adequate tests to support curriculum.
• If states showed growth in accountability, then they qualify for federal
funding. If there is little or no growth, then schools and school systems are
at risk of losing funding and teachers

Every Student Succeeds Act
• State authority
• Annual testing
• Accountability
• Reporting
• Proficiency targets
• Comprehensive Literacy Center
• Literacy Education Grant Program
• The role parents play in ESSA

Inclusion and Case Law (1 of 2)
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 (2 of 2)
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.”

Knowledge Check Activity 1
What educational reason is cited for the relevance of the Brown v. Board of
Education case?
a. Race
b. Ability
c. Landmark case for the inclusion of all children
d. Fourteenth Amendment

Knowledge Check Activity 1: Answer
What educational reason is cited for the relevance of the Brown v. Board of
Education case?
Answer: c. Landmark case for the inclusion of all children
Case law has played an important role in school reform and in advancing the rights of
students with disabilities in the public school system since the Brown v. Board of
Education ruling in 1954, where the court found that segregated schools violated the
Fourteenth Amendment of the Constitution. Although this case involved race—not
ability—it is often noted as a landmark case for the inclusion of all children.

Public Policy and the Gifted
• All fifty states have definitions for giftedness
• Informs school programs
• Federal funds are not allocated for gifted programs
• States provide services to children who demonstrate giftedness
• Educators continue to try to identify young, gifted children
• Giftedness builds on theories of multiple intelligences

Prevention and Federal Legislation (1 of 2)
EPSDT (PL 90–248)
Early and periodic screening, diagnosis,
and treatment
• 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
VFC
Vaccines for children program
• The purpose is to prevent childhood
diseases such as rubella, mumps,
measles, diphtheria, tetanus, and
pertussis

Prevention and Federal Legislation (2 of 2)
WIC
Supplemental food program for women,
infants, and children
• 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.
CHIP
Medicaid and the Children’s Health
Insurance Program
• It provides medical assistance to low-income
families and children with disabilities.

Discussion Activity 2
1. Form several small groups.
2. Select one of the pieces of legislation described in this chapter.
3. Advocate for that law—that is, convince the rest of the class why they
should have voted for that law.

Summary (1 of 2)
Now that the lesson has ended, you should have learned how to:
• Discuss how the early intervention and civil rights movements set the stage for current
legislation for individuals with disabilities.
• Explain the impact of landmark legislation for people with disabilities.
• Identify the components of No Child Left Behind (NCLB) 2001 (PL 107-110), including
recent changes made with the enactment of Every Student Succeeds Act (ESSA).

Summary (2 of 2)
Now that the lesson has ended, you should have learned how to:
• Highlight the landmark case law for the inclusion of all children.
• Provide an overview of public policy and gifted children.
• Describe three pieces of legislation designed to prevent developmental disabilities in
children.

Allen Chapter 2

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