Federal legislation beginning in the 1960s aimed to improve education for children with disabilities by moving them out of institutions and into their homes and communities. Major laws include Head Start which provided early education programs for at-risk children, Section 504 which mandated accommodations for those with disabilities, and IDEA (originally called PL 94-142) which guaranteed a free and appropriate public education for all children regardless of ability. Subsequent amendments expanded services for younger children from birth to age 3 and strengthened protections and support through school and into adulthood. Prevention efforts through prenatal care, newborn screening, and ongoing healthcare can also help reduce disabilities.

1. Federal Legislation: Early
Intervention and
Prevention
The Exceptional Child: Inclusion in Early Childhood Education
K. Eileen Allen, Glynnis E. Cowdery
Chapter 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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