New Jersey Inclusive Child Care Project
New Jersey Inclusive Child Care Project
What is Inclusion in Child Care?
Federal Disabilities Legislation
The ADA: “A New Way of Thinking”
Children in the Classroom Are More Alike Than Different
Curriculum Modification Planning Form
What is Inclusion in Child Care?
What does an
inclusive program look like?An inclusive program has the same characteristics as any other child care program. In an inclusive program, children with and without disabilities participate in the same routines and play experiences.
Providers in inclusive programs learn to recognize children as distinct individuals with special strengths and needs. They continually make creative modifications to routines and activities so that each child benefits from participating.
Do all inclusive child
care programs look the same?Child care programs and the providers who work in them are as different from each other as each child is different from another. Child care settings that retain their individuality enable families to choose the program that best suits their particular needs.
How are child care
programs different from specialized programs for children with disabilities?Specialized programs (such as special education preschools or therapy services) provide treatment or training specific to a child’s developmental, physical, or medical disability. Child care programs, on the other hand, provide a natural learning environment and typical day-to-day experiences for children.
The settings complement one another, and may blend together at times. For instance, specialized programs may include typical day-to-day routines, and child care programs may have therapists visit to work with some children.
Who are the children in inclusive child
care programs?Inclusive child care programs include children with and without disabilities. Among all these children, however, there will be a wide variety of needs, strengths, talents, and interests. Not every two-year-old throws tantrums and not every child with a disability uses a wheelchair. Some children with disabilities have needs that are unfamiliar or unique, and they also have the same every-day-little-kid needs as other young children.
Does a child care
program need special equipment or modifications in the environment to include children with disabilities?It is difficult to anticipate what special equipment or modifications a program might need until a particular child is enrolled. Most typical toys, play materials, and equipment are appropriate for children with disabilities and could be adapted, if necessary.
Parents and other professionals who are aware of the child’s interests and abilities can help make adaptations, provide other appropriate materials, or assist in modifying the environment for the child.
Do providers need to
have special skills?Yes and no. As new children are enrolled, there are a few things to learn and new ideas to try. Most of the time, these new “specialized skills” are just slightly different ways to do the things that are already required to meet the needs of young children. If a child has a need that is unfamiliar, the child’s parent is usually a great source for “how to’s” - or can identify someone who can help.
An inclusive program is first of all a good early childhood program, and the skills that promote inclusion are, basically, the skills of any competent provider.
How many children
with disabilities should be included in the program?There is no “magic” number. What is important is how and how well each child is included. The number of children with disabilities in a program should reflect a balance between the program’s resources and the needs of each individual child. Child care providers should match what their program has to offer with what each child and family needs and wants.
Inclusion is more than numbers anyway - it’s the conviction that every child should be included.
What role do parents
and family play?If inclusion is going to work, parents must be included as well. Parents understand their child’s strengths, needs and interests. Collaboration with parents means asking for input and suggestions, sharing expertise, communicating regularly, and building a partnership strong enough to support the excitement and challenges of child care.
What questions and concerns do
parents have about inclusion?All parents have similar questions and concerns about child care. Some common questions are:
Will my child’s specific needs be met?
Will my child participate fully in the program’s daily activities?
Will another child take time away from my child? and
Will my child begin to act like the child with a disability?
Since parents often mirror provider’s attitudes, a child care provider’s enthusiasm for and commitment to inclusion can help reassure parents.
Should the family
of a child with a disability pay more?No. In most cases, including children with disabilities does not require any more program resources than including other children in the program. Even when children do require accommodations, programs may not charge the family more but may choose to spread the cost (if any) evenly among all the families enrolled.
Working closely with families will help providers make financially reasonable accommodations to include each child. Accommodations that pose a tremendous financial burden are not required but expenses may be offset by other agencies.
What are some of
the benefits for children in an inclusive program?Early childhood programs provide a playful and natural environment for all children to grow and develop. The opportunity for children with disabilities to participate in these experiences with other young children has great value.
Children become aware of differences and similarities between themselves and their peers. As they play together, they develop a sense that everyone, regardless of ability or disability, has an important contribution. In addition, children benefit from an environment were emphasis is placed on being responsive to individual strengths and needs.
How will I know if
it’s working?There are many ways to measure success:
hearing from more parents interested in the program;
getting positive feedback from families and other professionals in the community;
seeing enthusiasm and new skills in staff members and volunteers;
noticing improvement in one’s own ability to respond to the individual differences of the children.
These are all important indicators of a quality program.
Perhaps the single most important measure is to look at the impact on individual children.
When children have the opportunity to grow and develop at
their own pace...
When each child is included in routines and play experiences that are
appropriate for the child’s interests and abilities…
When every child is treated with respect...
It’s working!
FEDERAL DISABILITIES LEGISLATION
Individuals with Disabilities Education Act (IDEA)
is a federal education program to provide federal financial assistance to State and local education agencies to guarantee special education and related services to eligible children with disabilities, aged birth through 21. Under the legislation, states have the responsibility to provide a free, appropriate public education and must develop an Individualized Education Program for each child served. The law requires that children with disabilities must be provided services in the “least restrictive environment,” with their non-disabled peers, to the maximum extent appropriate.Part B of the Individuals with Disabilities Education Act is the state and local grant program. Over 5 million children with disabilities aged 3-21 receive special education and related services. The state and local grant program is “the central vehicle through which the federal government maintains a partnership with states and localities to provide an appropriate education for children with disabilities requiring special education and related services.” (1) Funding to states is through a formula to state education agencies based on a relative count of children with disabilities being served within the state.
Section 619 of the Individuals with Disabilities Education Act
is the preschool grants program, which expands the requirement of free appropriate public education to include all eligible preschool children with disabilities ages 3 through 5. Services may also be provided to children aged 2 who will turn three during the next school year. Funding to states is through a formula to state education agencies in which 70 percent of the funds must be distributed to local education agencies and intermediate educational units, with the remaining 30 percent for planning and development of a comprehensive delivery system and for administrative expenses. Funds are used to provide the full range and variety of appropriate developmental and other preschool special education programs to preschool-aged children. In addition, funds may be used for comprehensive diagnostic evaluations and for parent training and counseling. This section of the law requires that preschoolers with disabilities must also be provided services “in the least restrictive environment,” with their non-disabled peers, to the maximum extent appropriate.Part C of the Individuals with Disabilities Education Act
is known as the Early Intervention Program. This program provides grants to states for early intervention programs for infants and toddlers with disabilities, ages birth through 2 years. Amendments in 1991 expanded the program to include children age 3 and included provisions to increase participation of underserved populations and to enhance services to “at-risk” populations. This section of the law requires services to be provided to eligible infants, toddlers and their families in “natural environments,” that is, settings where infants and toddlers without disabilities are typically found, unless the desired outcomes cannot be met in such settings.States participate on a voluntary basis. The funds can be used for the planning, development, and implementation of a statewide system for the provision of early intervention services, for the general expansion and improvement of services and can be used (as part of the transition to services provided under Part B) to provide a free, appropriate public education to children with disabilities from their third birthday the beginning of the next school year. In all cases, federal funds are the “payor of last resort,” meaning that the funds cannot be used when there are other appropriate resources available through public or private means.
Section 504 of the Vocational Rehabilitation Act of 1973
is a civil rights law designed to prohibit discrimination on the basis of disability in programs and activities, public and private, that receive federal financial assistance. The law creates the responsibility to provide a free, appropriate public education, although no federal funds are provided.IDEA funds may not be used to serve children only eligible for special education and related services under Section 504.
Americans with Disabilities Act is “the most comprehensive federal civil rights law ever passed to protect individuals with mental or physical disabilities from discrimination. The law prohibits discrimination in employment (Title I), state and local government services (Title II), public accommodations (Title III), public transportation (Title IIIB), and telecommunications (Title IV)...Public accommodations refers to private programs such as family child care homes, child care centers, nursery schools, preschools, or Head Start programs run by non-public agencies.” (2) Public accommodations also includes afterschool centers, municipal or county recreation programs, and other programs funded in whole or part with federal dollars.
No funding is provided under the ADA, although limited tax
credits are available for removing architectural or transportation barriers.
____________________________________________
1 Council for Exceptional Children, Fiscal Year 1996
Federal Outlook for Exceptional Children: Budget Considerations & CEC
Recommendations, p. 17.
2 Child Care Law Center, Child Care & the ADA: Highlights for Parents,
p. 3-4.
Sources:
Child Care and the ADA: Highlights for Parents
, Child Care Law CenterChild Care And Children With Special Needs:
ALMOST EVERYTHING YOU WANTED TO KNOW BUT WERE AFRAID TO ASK!
Are child care centers covered by the Americans with Disabilities Act (ADA)?
Yes. Almost all privately-run child care centers (including small, home-based centers, even those that are not licensed by the state) and all child care services provided by government agencies (like Head Start, summer programs, and extended school day programs) must comply with the ADA. Even private child care centers that are operating on the premises of a religious organization are covered by ADA. Only centers that are controlled or operated by a religious organization do not have to comply with ADA. Even those centers may have to comply if they have agreed to comply through contract with a federal, state, regional, or local government agency.
What are the basic requirements of the ADA for child care centers?
Child care providers may not discriminate against persons with disabilities. They must provide children and parents with disabilities with an equal opportunity to participate in their programs and services.
Centers and providers cannot exclude children with disabilities from their programs unless their presence would pose a direct threat to the health or safety of others or require a fundamental alteration of their program.
Centers and providers must make reasonable modifications to their policies and practices to include children, parents, and guardians with disabilities in their programs unless doing so would be a fundamental alteration of their program.
Centers and providers must provide appropriate auxiliary aids and services needed for effective communication with children or adults with disabilities, unless doing so would be an undue burden (significant difficulty or expense, relative to the childcare provider’s resources or the resources of the “parent” company).
Centers and providers must make their facilities accessible to people with disabilities. Existing facilities must remove any readily achievable barriers, while newly constructed facilities and any altered portions of existing facilities must be fully accessible. If existing barriers can be easily removed without much difficulty or expense, child care providers must remove those barriers now even if there are no children or adults with disabilities using the program. Installing offset hinges to widen a door opening, installing grab bars in toilet stalls, or rearranging tables, chairs or other furniture are all examples of readily achievable barrier removal. Centers run by government agencies must insure that their programs are accessible unless making changes would impose an undue burden: this will sometimes include changes to facilities.
In order to demonstrate “reasonable efforts,” child care providers must attempt to access available resources outside of their programs. For example, resources to support the inclusion of a child with a disability may be provided by the New Jersey Early Intervention System-New Jersey Department of Health and Senior Services or by a local school district through its special education program. Other resources may be available through the Office of Early Care and Education of the New Jersey State Department of Human Services and the local county Unified Child Care Resource and Referral agency. These agencies offer free information and assistance to child care providers.
How do I decide whether my center can meet the needs of a child with a disability?
Child care providers must make individualized assessments about whether they can meet the particular needs of each child with a disability who seeks services from their program, without fundamentally altering their program. In each case, the provider must talk with the parents or guardians and other professionals who work with the child. Providers are often surprised at how simple it is to include children with special needs in their programs. Child care providers are not required to accept children who would pose a direct threat or whose presence or necessary care would fundamentally alter the nature of their program.
What are some reasons that ARE NOT acceptable for rejecting children with disabilities?
Higher insurance rates are not a valid reason for excluding children with disabilities. If any extra cost is incurred, it should be treated as overhead and divided equally among all paying families.
The need of a child with a disability for individualized attention is not a valid reason for excluding that child, unless the extent of the child’s need for individualized attention would fundamentally alter the child care program or the cost of providing the individualized attention would be an undue burden on the program.
The need for a child with a disability to bring a service animal, such as a seeing eye dog, to the center, is not a valid reason for excluding that child, even if the center has a “no pets” policy. Service animals are not “pets.”
The need for a child with a disability to receive medication while at the childcare program is not a valid reason for excluding that child. As long as reasonable care is used in following the written instructions about administering medication, centers are generally not liable for any resulting problems.
The fact that a child has allergies, even severe, life-threatening allergies to bee stings or certain foods, is not a valid reason for excluding that child. Child care providers need to be prepared to take appropriate steps in the event of an allergic reaction, such as administering a medicine called “epinephrine” that will be provided in advance by the child’s parents or guardians. New Jersey State law allows non-medical personnel to administer these “epi-pens.”
Delayed speech or developmental delays are not valid reasons for rejecting children with disabilities. Under most circumstances, children with disabilities must be placed in age-appropriate classrooms.
Mobility impairments are not valid reasons for rejecting children with disabilities. Some children with mobility impairments may need assistance in taking off and putting on leg or foot braces during the day. As long as doing so would not be so time-consuming that other children would have to be left unattended, or so complicated that it can only be done by licensed health care professionals, it would be a reasonable modification to provide such assistance.
The need for toileting is not a valid reason for rejecting children with disabilities, even if the provider has a general rule about excluding children over a certain age unless they are toilet-trained. Under state regulations, the child care provider must have an approved toileting are if toileting services are provided for any child, regardless of age. This is not grounds for refusing to accept a child who requires these services. Of course, universal precautions, such as wearing latex gloves, should be used whenever caregivers come into contact with children’s blood or bodily fluids, such as when they are providing toileting services.
What are some reasons that ARE acceptable for not accepting children with disabilities?
Children who pose a direct threat - a substantial risk of serious harm to the health and safety of others - do not have to be admitted into a program. This determination may not be made on generalizations or stereotypes; it must be based on an individualized assessment that considers the particular activity and the actual abilities and disabilities of the child.
Child care providers may ask all applicants whether a child has any diseases that are communicable through the types of incidental contact expected to occur in child care settings or specific conditions, like active infectious tuberculosis, that in fact pose a direct threat. Providers may not inquire about conditions such as AIDS or HIV infections that have not been demonstrated to pose a direct threat.
What are some reasons that are acceptable for removing a child with disabilities from a child care program after he or she has been admitted?
If a child care provider has made reasonable efforts to meet the needs of a child with disabilities already in their program, but the child’s needs cannot be met, or the child continues to pose a direct threat to the health or safety of others, the child may be removed from the program. However, this decision must be made on an individual basis.
How does a child care provider cover the costs of providing special services to a child with a disability?
Child care providers may NOT charge parents of children with special needs additional fees to provide services required by the ADA. For example, if a center is asked to do simple procedures that are required by the ADA, like finger-prick blood glucose tests for children with diabetes, it cannot charge the child’s parents extra (of course, the parents must provide all appropriate testing equipment, training and special food necessary for the child). Instead, the provider must spread the cost across all families participating in the program. If the child care provider is providing services beyond those required by ADA, like hiring licensed medical personnel to conduct complicated medical procedures, it may charge the child’s family.
To help offset the cost of actions or services that are required by the ADA, such as architectural barrier removal, providing sign language interpreters, or purchasing adaptive equipment, some tax credits and deductions may be available. Contact the ADA Information Line, (800) 514-0301, for more details. Contact the Special Needs Child Care Project at (609) 984-5321 for more information or for the Resource and Referral agency nearest you.
The ADA: A New Way of Thinking
Title III: Public Accommodations
AMERICANS WITH DISABILITIES ACT (“ADA”)
Prohibits discrimination based on disability in employment, education, and “public accommodations,” including child care providers
Requires “reasonable accommodations” to be provided at no cost to the person with a disability
Requires child care providers to accept and serve children with disabilities if they can do so without substantively altering their program and without incurring “excessive cost”
Enforced by U.S. Department of Justice
SECTION 504 OF THE VOCATIONAL REHABILITATION ACT (“SEC. 504”)
Prohibits discrimination against persons with disabilities
Requires “reasonable accommodations” to be provided at no cost to the person with a disability
Requires child care providers to accept and serve children with disabilities if they can do so without substantively altering their program and without incurring “excessive cost”
Applies to organizations and institutions that receive federal financial assistance, directly or through state or municipal government (subsidized childcare providers, recreational programs, school-funded or sponsored before or after school programs and summer programs)
INDIVIDUALS WITH DISABILITIES EDUCATION ACT (“IDEA”)
Early Intervention:
Provides services and supports for infants and toddlers with developmental delays and disabilities from birth to age 3 and their families
Services must be provided pursuant to an IFSP (Individualized Family Services Plan)
Services must be provided in “natural environments,” settings where infants and toddlers without disabilities would typically be found
Services may be provided in child care centers, directly by, or in consultation with, therapists and special educators
Enforced by lead agency, New Jersey Department of Health & Senior Services
Preschool & School-Age Special Education:
Provides services and supports for 3-5 year olds with disabilities
Services must be provided pursuant to an IEP (Individualized Education Program)
Services must be provided in the “least restrictive environment,” starting with the regular setting with non-disabled peers
Preschool Services may be provided in child care centers or other early childhood settings, directly by therapists and special educators and/or in consultation with therapists and special educators
Services must include access to general curriculum, participation in assessments with necessary accommodations, and participation in extracurricular and nonacademic activities
Services should be provided in the school/setting the child would attend if s/he did not have a disability, or if that’s not possible, the next closest school/setting
Enforced by the lead agency, New Jersey Department of Education
ADA GOAL:
To reasonably accommodate individuals with disabilities in order to integrate them into the program to the extent feasible, given each individual’s limitations.
ADA PRINCIPLES:
INDIVIDUALITY
the limitations and needs of each individual;
REASONABLENESS
of the accommodation to the program and to the individual;
INTEGRATION
of the individual with others in the program.
TYPES OF ACCOMMODATIONS:
AUXILIARY AIDS AND SERVICES
special equipment and services to ensure effective communication;
CHANGES IN POLICIES, PRACTICES AND
PROCEDURES; REMOVAL
OF BARRIERS
architectural, arrangement of furniture and equipment, vehicular.
REASONS TO DENY CARE:
ACCOMMODATION IS UNREASONABLE, and there are no reasonable alternatives.
For auxiliary aids and services, if accommodations pose an UNDUE BURDEN (will result in a significant difficulty or expense to the program);
For auxiliary aids and services, or changes in policies, practices or procedures, if accommodations FUNDAMENTALLY ALTER the nature of the program;
For removal of barriers, if accommodations are NOT READILY ACHIEVABLE (cannot be done without much difficulty or expense to the program).
DIRECT THREAT
The individual’s condition will pose or does pose a significant threat to the health or safety of other children or staff in the program, and there are no reasonable means of removing the threat.
Children in the Classroom Are More Alike Than Different
Curriculum Modification Planning Form
ENVIRONMENTAL
SUPPORTS
Ways to Structure the Environment to Promote Active Participation,
Flexibility and Independence
Dalrymple, 1995; Wetherby & Prizant, 1992; in Quill, 1995
Use Event Structures to help child know how to participate in the activity and to promote interaction
- define each activity with a clearly marked opening events (e.g., check picture schedule and gather needed materials), way to participate (e.g., use materials), and closing event (e.g., put materials away)
- use a sequence of steps that is logical and predictable to the child with clearly marked turn-taking in which the child can anticipate
- use a limited number of clearly delineated roles that are exchangeable and that require cooperation
Use Predictable Routines to help child anticipate the sequence of events and how to participate in activity
- design the physical space and schedule to promote smooth transitions between activities and foster a sense of the school routine
- mark the opening and closing of each activity with a ritual (e.g., taking materials out and putting materials away)
- develop school routines for morning circle, centers, snack, lunch, etc.
- develop home routines for getting ready for school, after-school activities, diner, etc.
Use Visual Supports to help child initiate choice making, have a way to say no, & maintain self-control
- use picture exchange or picture choice boards to make choices about foods for snack and lunch, activities in work centers, activities on playground, etc.
- develop clear, simple ways to indicate the many meanings of no (i.e., I don’t want that, I don’t want to do that, I need help doing it, I need a break from that, etc.)
- develop self-calming strategies
- establish a safe place for child to be alone and “chill out” and a way to ask for time alone
Use Picture Schedules to organize sequences of time for part of a day, week, month or year
- develop picture (or object) schedules for each daily routine
- review schedule boards frequently, initially prior to each activity and gradually fade frequency
- incorporate choice making of activities/materials and gradually introduce variability into schedule
- use picture schedules to help child anticipate changes in routine
Use Participation Guidelines to define what the task is and Completion Guidelines to indicate when the task is finished
- use a work system to help child know what is expected and how to complete a task independently (e.g., use a green bin for the parts to be assembled, use a blue bin to present a model or jig as a guide, and use a red bin for the assembled product)
- use timers to indicate completion of an activity or center
Use Waiting Supports to help child understand what is expected and learn how to wait
- use a particular object to hold while waiting for the next activity (e.g., book, headphones)
- use a particular buddy to stand next to while waiting in line
Use Spatial Supports to help child know where things are located
- clearly define areas of room where different behaviors are expected
- label areas and belongings with large clear symbols