If you have been a child care provider for at least a year or two, chances are good that you have learned something about the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability, and which requires you to make reasonable modifications for clients and employees covered by this law. However, you may not be familiar with the Individuals with Disabilities Education Act (IDEA), the special education law that applies to school districts throughout the United States. The purpose of this article is to familiarize you with some of the key provisions of this important federal law. Knowledge of this law can help you to form better relationships with the families whose children are entering (or already participate in) the special education system, and in some situations, help you in obtaining resources for your SAC program.
A LITTLE HISTORY
Before IDEA, there was Public Law 94-142, the Education of All Handicapped Children Act, which was passed in 1975 and signed by President Ford. It granted all children in the United States, regardless of their abilities or disabilities, a free, appropriate, public education, beginning at age 5. To protect children against the abuses of the past, which were well-documented in federal court decisions of the early 1970s, Congress gave parents the right to participate in, and then to approve or disapprove of the individualized educational program (IEP) developed for their child. For those parents who disapproved, the law required every state to set up procedures for impartial due process hearings, with all expenses covered by the schools.
Because of the misuse of IQ testing in the past, Congress also required that eligibility for special education be determined by a multi-disciplinary team. Finally, Congress stipulated that children were to receive their educational program in the least restrictive environment (LRE) that would be appropriate for the child. This concept is easy to understand if you think of a child confined to a hospital bed as being in the most restrictive environment, and a child attending the same place where his twin brother or sister with no special needs attends as being in the least restrictive environment. (In between those two poles are a spectrum of other options.)
WHAT ABOUT CHILDREN FROM BIRTH TO AGE FIVE?
The law has been amended several times since 1975. (For instance, the re-naming of the law was part of the 1990 amendments. The word handicapped was, by then, considered outmoded and inappropriate.) A 1986 set of amendments (P.L. 99-457) extended all the provisions of the law that we described above to three year olds (The same set of amendments created a new program called part H, which called upon states to identify and serve infants and toddlers with special needs. Discussion of part H is beyond the scope of this brief article).
WORKING WITH FAMILIES OF CHILDREN WITH SPECIAL NEEDS
Your understanding of the law can help you to improve your relationships with parents whose children are getting ready to enter the special education system, or who are already part of it. If your home or center is a place where the child is comfortable, you might want to encourage the parent to ask whether part of the multi-disciplinary assessment can take place there, instead of in an office or classroom unfamiliar to the child. Clinical specialists( e.g., speech or physical therapists) might have better opportunity in your setting than anywhere else to see how the child plays with toys, communicates and handles routines such as meals or snack times.
You are also in a good position, based on your observations of the child's strengths and weaknesses, to help parents develop ideas about what specific goals and objectives should be listed in their children's IEPs. Don't force your ideas on parents, of course; but a friendly offer to share your thoughts will usually be appreciated. In some cases, they may want to invite you to attend meetings at which the child's eligibility is determined or at which an IEP is developed. They are entitled by law to bring with them anyone of their choosing, and to request the meeting be held at a time that is convenient to all parties.
Some parents may conclude that your home or center is the LRE setting most appropriate for the three to five year old child. They may request that the needed supports and services be delivered to the child in your setting. If the local school district agrees with this option, then this can be a wonderful source of support for you! You can have the chance to collaborate with special educators, therapists and others working with the child. They may be able to lend you special toys or equipment, or arrange for staff training. However, it will be important that you work closely with the parent and the staff of the school district to see that the new supports build on your existing activities, rather than disrupting them.
Remember, certification in speech/language pathology, psychology, or other fields gives a person a good background in specific aspects of human development and behavior. But when it comes to selecting appropriate activities, creating an appealing environment for children, conducting a good story time, or making a smooth transition from the bathroom to the sandbox, you are the expert. Do not be scared off by the initials after someone’s name, or by terminology that is unfamiliar to you. Understanding the law is a good first step in getting beyond the fear that many of us bring to these kinds of partnerships.
Dale Borman Fink, a Ph.D. candidate at the University of Illinois, is available as a keynote speaker and consultant. You can contact him at: 61 Children's Research Center, 51 Gerty Drive, Champaign, IL 61820, or call (217) 333-7033.