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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

The U.S. Department of Education makes available Data Tables for State Reported Data, including settings and educational environments data, as reported by states under Part C, 619, and Part B of IDEA.

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:

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:

Overview of IDEA Inclusion and Natural Enviroments

IDEA and Early Childhood Inclusion

(PDF: 2,956kb) , produced by the Collaborative Planning Project, provides a comprehensive overview of the provisions in IDEA for providing services in least restrictive environments and in natural environments and how they relate to the inclusion of young children with disabilities.

The Rehabilitation Act of 1973

This civil rights law prohibits discrimination on the basis of disabilities in public and private programs and activities that receive federal funds. The law creates the responsibility to provide a free appropriate public education, although no funding is provided under the law. The relevant part of the statute is Section 794: "Nondiscrimination Under Federal Grants and Programs" (commonly referred to as Section 504 of the Rehab Act).

American with Disabilities Act (ADA)

This federal civil rights law protects individuals with mental or physical disabilities from discrimination in employment, public accommodations, public transportation, and telecommunications. Public accommodations include private programs such as family child care homes, child care centers, nursery schools, preschools, and Head Start programs run by public (Title II of the ADA) or nonpublic agencies. Young children in public settings, such as local education agency and Head Start programs, are covered by Title II of the ADA. Young children in private programs are covered by Title III of the Act. Both titles apply to a child care center's interaction with children and parents. For more information, see the full text of the 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

This national program provides comprehensive developmental services for America's low-income infants, toddlers and preschool children, ages birth to 5 years, and social services for their families. Specific services for children focus on education, socio-emotional development, physical and mental health, and nutrition.

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

Links on this site are verified monthly. This page content was last updated on 10/11/2007CF.

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