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)

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.

• 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

• 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.
  

Last updated on April 2nd, 2008 by sanders@waisman.wisc.edu