Waisman Center–Birth To 3 Program
INCLUSION
AND THE LAW
Education
- Natural Environments
Federal (Part C of IDEA)
Provision
of early intervention services for any infant and toddler occurs in a
setting other than a natural environment only if early intervention cannot
be achieved satisfactorily for an infant and toddler in a natural environment.
(34 CFR 303.167)
Wisconsin
(HFS 90)
...
appropriate early intervention services for an eligible child and the
child's family, provided to the maximum extent appropriate in natural
environments, including home and community setting where children without
disabilities participate, shall be based on the developmental needs of
the child.....
A setting other than a natural environment may be used only wen outcomes
cannot be satisfactorily achieved for the child in a natural environment.
(HFS90)
Education - Least Restrictive Environment
Federal
...to the maximum extent appropriate, children with disabilities,
including children in public and private institutions and other care facilities,
are educated with children who are not disabled , and special classes,
separate schooling, or other removal of children with disabilities from
the regular educational environment occurs only when the nature or the
severity of the disability of a child is such that an education in regular
education classes with the use of supplementary aids and services cannot
be achieved satisfactorily.
1997 Wisconsin Act 164 & Wisconsin Chapter 115
.. to the maximum extent appropriate, a child with a disability, including
a child receiving publicly funded special education in a public or private
institution or other care facility, is educated with nondisabled children.
..Special classes, separate schooling or other removal of a child with
a disability from the regular educational environment occurs only when
the nature or severity of the child's disability is such that education
in regular classes with the use of supplementary aids and services cannot
be achieved satisfactorily.
Rehabilitation Act - Section 504
Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either received Federal financial assistance or is conducted by an Executive agency of the United States Postal Service.
Americans with Disabilities Act
- A
nursery, elementary, secondary, undergraduate or post graduate private
school, or other place of education;
- A
day care center, senior citizen center, or other social service center
establishment.
- Broad exemption for religious institutions.
Child Care Centers
- Physically accessible as possible
- Modifications in policies, practices, and procedures to ensure discrimination does not occur against individuals with disabilities.
- Requirements are tied to the resources of the individual center & will vary.
- Centers assess the potential for change or modification and decide based on individual situation.
- Realistic- financially & logistically
Head Start & Early Head Start
- Serve 10% of children with disabilities
- Eligibility isn't dependent on income
- Services
include: Child health and developmental, child health and safety, child
nutrition, child mental health, family and community partnerships.