A Rationale for Early Childhood Special Education

EDSP 5381
Dr. Reed
Submitted by Kelly Thurber

Legal Mandates and Legislation that govern the delivery of special education

Introduction
Garnering support for early childhood special education programs requires that the professional can
make clear and compelling arguments that justify their beliefs.
There are proven benefits to providing early instruction for special education students.
Legislation - History
Until the last half of the 20th century, education for disabled children was left mainly to state and local
governments. The first federal commitment to special education came with the opening of Gallaudet
College for the Deaf in 1864. It was not until 1930, that the federal government directly addressed the
issue of special education and established a section on Exceptional Children. The federal governments
role remained limited until the 1960s. A major turning point for federal support of education came in
1965, when Congress passed the Elementary and Secondary Education Act (ESEA). This act provided
large amounts of money to schools so that they could serve children ages 3-21 who were educationally
disadvantaged and/or disabled. The Bureau of Education for the Handicapped was created. By the
2001-2002 school year more than 300,000 disadvantaged preschool children were served under Title I of
ESEA.
In 1968, the Handicapped Childrens Early Education Assistance Act represented the first major federal
recognition of the specific importance of early education.
During early years of demonstration projects, two large studies were funded by the federal government
to evaluate the projects efforts in meeting their goals. In 1976, A Battelle Report cited developmental
gains in children based on early intervention. In 1982, Littlejohn and Associates studied programs and
the children who had once been part of First Chance. The study found that 84% of the programs
continued to serve the children once the federal funding expired.
Since 1968, early intervention programs have evolved. In 1997 amendments to IDEA authorized funding
for two national early intervention studies. The National Early Intervention Longitudinal Study (NEILS)
examined a nationally representative sample of more than 3300 infants and toddlers with disabilities or
who were at risk for disabilities and their families. Results showed that the children with the greatest

disabilities face the greatest challenges and show least developmental progress. Parents also learned
valuable skills in caring for their children.
Specifics
P.L. 94-142:
Public education agencies must ensure that all children who need special education and related services
are identified and evaluated
Parents have numerous procedural safeguards that protect the rights of each child with a disability to
receive a free and appropriate education. These safeguards include the following rights for the parents:
Review the childs educational records
Obtain an independent evaluation of the child
Receive written notice before the school begins the special education placement process
Request a hearing before an impartial hearing officer to challenge placement decisions

The child must receive multidisciplinary educational assessment.

An IEP must be written for every child in special education
To the maximum extent possible, children with disabilities must be educated with their nondisabled
peers.
P.L. 99-457 (1986)
In addition to continuing authorization for services to preschool children with disabilities from age 3,
provisions were made to service children from birth. The law specified an increased role for families in
services to children from birth through 2 years and introduced the individualized family service plan
(IFSP) which is similar to the IEP, but must consider the needs of the whole family relative to the child.

Important Points
Inclusiveness
Natural environments
No Child Left Behind
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in any
state or local government program or activity that receives federal funds. This is applicable to public

schools and other recipients of federal funds in education, health and social services. These agencies
must ensure that children with disabilities are not excluded from services or denied benefits.