The issue of preschool placement in the least restrictive environment was addressed by the Federal Office of Special Education Programs (OSEP) in a 1992 Individuals with Disabilities Education Law Report. Dr. Judith Schragg, then Director of OSEP, responded to an inquiry from a New York parent on the issue of least restrictive environment for preschoolers. Dr. Schragg wrote: "The preschool child with a disability is entitled to all of the rights and protection guaranteed by Part B of the Individuals with Disabilities Education Act (IDEA). This includes a right to a free and appropriate public education and services in the least restrictive environment."
Federal law requires that preschool services be provided in the "least restrictive environment". Often, the LRE requirement is considered in terms of a program's proximity to a child's home and if the program is in a public or private setting. Instruction with non-disabled peers is part of the requirement for least restrictive environment. An explanation of the extent to which a child can not participate with non-disabled preschoolers in the general education class and in either extracurricular or nonacademic activities needs to be included in the child's Individualized Education Program.
Other laws that may have an impact on options you have for your child and decisions you may make are ADA- Americans with Disabilities Act and Section 504. Explanations of these laws are found below.
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 person 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 child care providers,
recreational programs, school-funded or sponsored before or after school programs
and summer programs).
PROGRAM OPTIONS
Each of the options described below is a legal placement option for districts and parents to consider when placing a child identified "preschool disabled."
General Education
Given the continued interest in relating instruction for children with disabilities to the core curriculum standards through the general education curriculum, parents and school districts have begun to explore ways of providing instruction to preschoolers in general education preschool settings. Individualized Education Program teams may decide a child's special education program considering any one of the following: supplementary aides, curricular or instructional modifications, supplementary instruction, assistive technology, a teacher aide or related services which may be provided in the preschool classroom. Programs for preschoolers with disabilities are in operation five days a week. One day may be used for parent training, and at least four days provide a minimum of ten hours of instruction. This program option may be provided in any of the following settings.
Districts may have preschool programs for children with and without disabilities already available in their districts either district operated or through contract. A preschool age student with a disability may be placed by the district board of education in an early childhood program operated by an agency other than a board of education, such as a community preschool or child care center.
1. Such an early childhood program shall be licensed or approved by a governmental
agency.
2. The district board of education shall assure that the program is nonsectarian (not
religious).
3. The district board of education shall assure the student's IEP can be implemented in the
early childhood program with any supplementary aids and services that are specified in the student's IEP.
4. The special education and related services specified in the student's IEP shall be
provided by appropriately certified and/or licensed personnel or a supervised
paraprofessional according to N.J.A.C. 6A:14-3.9(a) 4 or NJAC 6A 14-4 1(e).
More information about child care options is found in Appendix D.
A preschool age student may also be served within a Head Start program. Head Start is a federally funded preschool program offered to low income families. Children are provided with developmentally appropriate learning activities. Additionally, Head Start provides two thirds of the daily nutritional requirements for each child. Health and dental services, and developmental screens are provided for all enrolled children. Head Start has always had a national policy of open enrollment for guideline eligible children, including children with disabilities. The legislative mandate passed in 1972 requires Head Start programs to provide at least 10 percent of the national Head Start enrollment opportunities for children with disabilities. Districts receive referrals from Head Start and refer to Head Start depending on their agreement. An individual district with a Head Start program in their boundaries may have a contract with Head Start.
Resource Programs
Children classified as preschool disabled may be provided a special education through the resource program option. Classified children must be enrolled on a general class register in a preschool program. Districts can establish resource programs in preschool programs they operate, Head Start, or community child care centers. Instructional responsibility is shared between the resource teacher and the general class teacher. Resource instruction can be
provided in either the child's preschool class or in an approved resource room as indicated in the individualized education program. This placement option is described in NJAC 6A:14-4.6.
Self-Contained Preschool Special Education Programs
Traditionally, children classified "preschool disabled" in New Jersey were placed in a self-contained preschool program with special education services in either public schools or approved private schools. . Programs for preschoolers with disabilities are in operation five days a week. At least four days provide a minimum of ten hours of instruction with a component that involves the family, called "parent training." Related services, such as speech therapy, occupational therapy and physical therapy are provided according to the IEP for each individual child.
Continued Early Intervention Option
The early intervention program in which the child has been enrolled which is under contract with the Department of Health and Senior Services may be considered as a placement for the balance of the school year in which the child turns three. This consideration would depend on the needs of the child as documented in the child's IEP. The SCAHS option can only be considered if all of the requirements of the preschool program for a child with a disability can be met by the early intervention program, including appropriate certification of personnel, and a contract between the two programs can be developed.
(Refer to Program Options from DOE Administrative Code - Appendix C)
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