Child Care Licensing Regulations

Little or No Reference to Children With Special Needs Found in Child Care Licensing Regulations¹

by Robin Rooney and James L. Gallagher Senior Scientist

• Investigator [formerly]
• FPG Child Development Institute
• University of North Carolina at Chapel Hill

A content analysis of child care licensing regulations was recently conducted to determine the extent to which regulations include provisions for children with special needs. Policy documents from the child care licensing agencies in four case study states were reviewed. Reviewers targeted requirements for child care centers in the areas of admission policy; adaptation of centers' physical environment, schedules and activities; special training for caregivers; consultation with specialists, and participation on a team of specialists for children with special needs.

These efforts are part of a larger study that examined the relationship between state licensing regulations for child care and recommended practices for quality. Funded by the Office of Education Research and Improvement, the purpose of this research is to increase our knowledge and understanding of barriers to quality in early care and education settings, particularly as they relate to children's readiness for school.

Analysis of child care regulations in four case study states examines policy barriers that may contribute to poor quality child care. The recent Cost, Quality and Child Outcomes (1995) research concluded that quality care is a key factor in promoting positive developmental outcomes for children. Research conducted in the four case study states found that children in higher quality care scored higher on tests of cognitive, language, and social development, while those in poorer quality care scored less well. Children considered to be "at risk" for school failure were particularly affected by quality of care. These findings withstood statistically modeling that controlled for factors that typically contribute to children's performance, including mothers' education and socio-economic status (Cost, Quality and Child Outcomes Study Team, 1995).

These findings raise concerns about the effects of poor quality care on children's development. The need for quality care is an issue for all families, as mothers continue to join the work force. The need for quality care is an issue for children with special needs who increasingly are served in "natural" settings. That most child care settings now serve young children with disabilities can be attributed in part to federal legislation. The Individuals with Disabilities Education Act (IDEA) requires that children with disabilities be served in the "least restrictive environment" and the American with Disabilities Act (ADA) prohibits public programs from denying access to any persons with disabilities. At least one child with special needs is currently enrolled in most early care and education settings, including child care centers (Bailey, in review).

The role of state child care regulations in assuring quality child care, and whether or not children with disabilities are included in those regulations, are the focus of the current research. Child care licensing regulations in the four case study states (CQ&O) Study Team, 1995) were analyzed using four-point rating scales. These scales were developed using information about quality practices that were described in the literature. Results of the analysis are reported below.

Results of Child Care Licensing Regulations Analysis in Four Case Study States

Policies in two of four states were found to contain:

• Minimal reference to admitting children with disabilities, and
• Minimal reference to adapting activities and the physical environment for children with special needs.

• No mention of disabilities in training requirements for child care personnel, and
• No mention of the need for consultation with other professionals about the special needs of children with disabilities.

That little or no mention of special needs was found in the regulations raises questions about the role of licensing to ensure access for children with disabilities in child care. Further research is needed to determine the extent to which other policies, such as the American Disabilities Act, are implemented in child care settings. Access to and availability of support for child care providers who serve children with special needs must also be documented.

References

Bailey, D.B. (in press). Inclusion brief. National Center for Early Development and Learning: University of North Carolina at Chapel Hill.

Cost, Quality, and Child Outcome Study Team. (1995). Cost, quality and child outcomes in child care centers. Technical report. Denver: University of Colorado at Denver.

¹ Presented at the Research to Practice Summit, July 30-31, 1998, Washington, D.C., sponsored by the National Early Childhood Technical Assistance System in collaboration with the Early Childhood Research Institute on Inclusion and the U.S. Department of Education's Office of Education Research and Improvement (OERI).