The Law

"It is mandated. Also exposing children at an early age is really important for them to see that children have differences but they are also mostly alike. If children are exposed to children in wheelchairs then they see them more as a child. Children are children first" (Teacher, Head Start program, MI)

There are several pieces of important federal laws which underpin inclusive programming for young children ¹. These include:

In 1972, federally funded Head Start programs, established under the Head Start Act of 1968, began to reserve at least 10% of its enrollment for children with diagnosed disabilities (i.e. mental retardation, health impairments, visual handicaps, hearing impairments, emotional disturbance, speech and language impairments, orthopedic handicaps and learning disabilities, (ACF, Program performance standard 1308.3 (b)).
In 1975, the Education for All Handicapped Children Act (Public Law 94-142) required that all children with disabilities be provided with free, appropriate education (FAPE) in the least restrictive environment (LRE) and that it meet their individual needs.
In 1986 and in subsequent reauthorizations up to 1997, and most recently, (Individuals with Disabilities Education Improvement Act of 2004) the Individuals with Disabilities Education Act (IDEA) (Public Law 99-457), extended free, appropriate education to 3-5 year olds (and up to 21 years - state law 26) with services provided in the least restrictive environment (Part B). Early intervention programs for infants from birth to age 2 who are identified, or at risk of, developmental delay and their families were also introduced (Part C) to be provided in natural environments. Other major provisions included the location and identification of children with special need; multi-disciplinary evaluation of children's needs; transport and other supportive services; parental involvement and consent in all aspects of the educational process and the right to confidentiality. IDEA combines the federal education programs that assist states in developing and implementing systems of comprehensive services for all eligible individuals with disabilities, birth through 26 years of age in Michigan.
In 1986 and in subsequent reauthorizations up to 2004, the Individuals with Disabilities Education Act (IDEA) (Public Law 99-457), extended free, appropriate education to 3-5 year olds (and up to 21 years – state law 26 years) with services provided in the least restrictive environment (Part B). Early intervention programs for infants from birth to age 2 who are identified, or at risk of, developmental delay and their families were also introduced (Part C)/span> to be provided in natural environments. Other major provisions included the location and identification of children with special need; multi-disciplinary evaluation of children’s needs; transport and other supportive services; parental involvement and consent in all aspects of the educational process and the right to confidentiality. IDEA combines the federal education programs that assist states in developing and implementing systems of comprehensive services for all eligible individuals with disabilities, birth through 26 years of age in Michigan.
Regulations for the 2004 IDEA Act have been issued and include alignment with NCLB legislation (below) and close monitoring of implementation by requiring states to report federally and to the public on related topics including the percentages of preschool children with Individualized Education Plans (IEPs) who received special education and related services in settings with typically developing peers; percentages of those who demonstrate improved learning outcomes; whose parents report that schools have facilitated parent involvement as a means of improving services and results for children with disabilities; and the percentage of children referred by Part C prior to age 3, who are found eligible for Part B, and who have an IEP developed and implemented by their third birthdays.
The Regulations for the 2004 IDEA Act are currently under revision and will be issued soon. More information can be obtained from The US Department of Education at http://www.ed.gov/policy/speced/guid/idea/idea2004.html (link opens in new browser window)
The Americans with Disabilities Act, 1990 (ADA) prohibits discrimination of the enrollment of children in childcare and preschools ('public accommodations') based on a child's disability.
No Child Left Behind Act of 2001 (NCLB) was passed into law in 2002. This law is primarily concerned with changes that affect the Elementary and Secondary Education Act enacted in 1965. It changes the federal role in education by asking America's schools to describe their success in terms of what each student accomplishes. These reporting requirements have implications for all preschool aged children achieving "school readiness" and reaching prescribed standards once in elementary school. The Act contains the four following basic education reform principles:
- Stronger accountability for results
- Local control and flexibility
- Expanded options for parents
- An emphasis on effective and proven teaching methods

Guidance on promoting the development of children for caregivers of all preschool children is available in a booklet published by the Department of Education (revised in 2005 http://www.ed.gov/parents/earlychild/ready/preschool/preschool.pdf) More information on the Act is available from http://www.nochildleftbehind.gov

In Michigan, the Education Department is the lead agency for implementing IDEA, in collaboration with Community Mental Health and other agencies. This includes the early intervention program (Part C), which is called 'Early On'. According to the US Department of Education, $379,977,936 was distributed to MI in 2004 for implementation ²

What are 'least restrictive' and 'natural environments'?

IDEA does not use the term, 'inclusion', but incorporates key concepts of service provision using terms of the 'least restrictive' and 'natural environments' (i.e. somewhere a child might spend time if he/she did not have a disability, DEC, 1993). It is these concepts which enshrine the mandate to make all childcare and education provision accessible to children with disabilities. Assumptions underpinning the legislation are that the first placement option for every disabled student is the school that the child would have attended had she/he not had a disability and that all appropriate supports and aids would be provided to support that before consideration is given to placement outside a regular classroom (Smith and Rapport, 1999).

Natural environments are typical places, contexts, activities and experiences that may include the child's home or child care and preschool settings, and could extend to a visit to the grocery store, going to a park, eating in a restaurant, reading a book at the library, and going to church or synagogue. ³

Eligibility and planning for services and support

"In our program all of the children look like they will have special needs - it is difficult to tell who is more disabled - those with physical and cognitive, diagnosed developmental disabilities or those with social problems - such as poverty or no family life. Which has the biggest impact on a child's future development?" Director, Early Childhood Program, MI

Eligibility for services under IDEA is defined by federal and state legislation and regulations and are defined by the state. A child who may have a disability can be referred by parents or professionals for further evaluation and diagnosis by a multi-disciplinary team. If it is determined that the child has, or may be at risk of, developing a disability, then services and free appropriate public education (FAPE) must be provided. and an intervention plan drawn up with the parents. This is called an

Individual Family Service Plan (IFSP) for children, (0-2 yrs.) receiving early intervention under Part C and an

Individual Education Plan (IEP) for children (3-19 yrs) receiving services under Part B of IDEA.

According to the US Department of Education, the types of disabilities included are, speech/language disabilities, mental retardation, emotional disturbance, multiple disability, hearing, orthopedic, visual and other health impairments, autism, deaf-blindness, traumatic brain injury, and, in Michigan, the category of developmental delay (i.e. a condition which represents a significant delay in the process of development, indicating that without intervention educational performance at school will be affected) is also included. This is an umbrella term for many types of disabilities, it can be used to avoid premature categorization and enable supports and services to be provided as early as possible when a formal diagnosis cannot yet be made. ⁴

References

1. Wesley, P.W. & Dennis, B.C. (2000) Inclusive Child Care: A Training Series for Early Childhood Professionals (Instructor Manual). Chapel Hill: University of North Carolina, Frank Porter Graham Child Development Center, Partnerships for Inclusion

2. Trohanis, P.L. (2002) Progress in Providing Services to Young Children with Special Needs and Their Families: An overview to and Update on the Implementation of the Individuals with Disabilities Education Act (IDEA), NECTAC Notes, Issue 12, August 2002. On-line at http://nectas.unc.edu/~pdfs/pubs/nnotes12.pdf

3. Pernice-Duca, F. (2003) Early Childhood Inclusion: What are Natural Environments? On-line at Project Perform

4. Kilgo, , J., Danaher, J., McLean,M, McCormick,K. Smith, B & Schakel, J. (1996) Developmental Delay as an Eligibility Category . A Concept Paper of the Division for Early Childhood of the Council for Exceptional Children. Washington DC: Council for Exceptional Children

© 2006 Michigan State University Board of Trustees.
MSU is an affirmative-action, equal-opportunity institution. East Lansing MI 48824