Legislation and Policies: Federal

Federal Policies: IDEA   Rehab Act   ADA   Head Start  

Individuals with Disabilities Education Act (IDEA)

IDEA is the federal education program that assists states in developing and implementing systems of comprehensive services for all eligible individuals with disabilities, birth through 21 years of age. Part C and Part B of IDEA support young children with disabilities receiving services in inclusive and natural settings.

Regulations

• The Early Intervention Program for Infants and Toddlers with Disabilities (Part C of IDEA). Under Part C, services are required to be provided in the child's natural environment to the maximum extent possible. Relevant sections of the current regulations are (Note: Part C Regulations are under revision):
• Definitions: 34 CFR 303.12(b) and 303.18
• Individualized Family Service Plan policies and procedures: 34 CFR 303.167 (c)
• Content of IFSP: 34 CFR 303.344(d)(1)(ii) and 303.344, Note 1
• The Preschool Grants Program (Section 619 of Part B of IDEA) requires states to ensure services to children ages 3 through 5 years are provided in the least restrictive environment (LRE) possible. Relevant sections of the Part B regulations related to LRE are:
  • General LRE Requirements: 34 CFR 300.114
  • Continuum of alternative placements: 34 CFR 300.115
  • Placements: 34 CFR 300.116
  • Nonacademic settings: 34 CFR 300.117
  • Children in public or private institutions: 34 CFR 300.118
  • Technical assistance: 34 CFR 300.119
  • Monitoring activities: 34 CFR 300.120
  • Private Schools: 34 CFR 300.133
  Additional information about IDEA can be found at the U.S. Department of Education IDEA 2004 Web site.

Federal Data Tables for State Reported Data

• Part C of IDEA Progam Settings Data Tables: Part C Settings data is one measure that can assist states in determining performance related to the provision of services in natural environments. Part C settings data is available for several fiscal years and reports reflect the number of Part C children served in the each of the primary settings by state as well as by racial/ethnic composition. Specific reports are as follow for the most recent fiscal year for which data has been verified:
• Number of Infants and Toddlers Ages Birth Through 2 Served in Different Early Intervention Settings Under Part C by State, Fall 2004
• Racial/Ethnic Composition (Number and Percentage) of Infants and Toddlers with Disabilities Served Under Part C by Program Setting and State, Fall 2004
• Section 619 of Part B of IDEA Education Environment Tables: The Education Environment data is one measure that can assist states in determining performance related to the provision of services in inclusive settings. This data is available for several fiscal years and the reports provide data on the number and percentage of children ages 3-5 served in different education environments by race ethnicity and the number of children served in correctional facilities and parent initiated private schools. Specific reports are as follow for the most recent fiscal year for which data has been verified:
  • Number and Percentage of Children Ages 3-5 Served in Different Educational Environments Under IDEA, Part B, by State, Fall 2005
  • Number of Children Served in Different Educational Environments Under IDEA, Part B by Age Group, Fall 1996 Through Fall 2005
  • Racial/Ethnic Composition (Number and Percentage) of Children Ages 3-5 Served in Different Educational Environments Under IDEA, Part B, Fall 2005

Overview of IDEA Inclusion and Natural Enviroments

The Rehabilitation Act of 1973

American with Disabilities Act (ADA)

• "Commonly Asked Questions About Childcare Centers and the ADA" — from the United States Department of Justice, this resource lists questions and specific, detailed answers about implementation of the Americans With Disabilities Act as it relates to child care situations. Included is a list of other resources, including the ADA Technical Assistance Centers, and guides to the ADA.
• "Child Care Centers and the ADA" —an overview of the other resources and guides specific to child care available at the Department of Justice ADA Website.

Head Start

• 45 CFR 1308: Head Start Performance Standards on Services for Children with Disabilities — Federal requirements for providing special services for 3- through 5-year-old children with disabilities enrolled in Head Start programs. These requirements are to be used in conjunction with the Head Start Program Performance Standards at 45 CFR Part 1304 (see below).
• 45 CFR 1304: Program Performance Standards for the Operation of Head Start Programs by Grantee and Delegate Agencies