RTT-ELC Module 3: An Introduction to Early Care and Education in California Part 1: Children s Rights to Early Care and Education

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1 RTT-ELC Module 3: An Introduction to Early Care Education in California Part 1: Children s Rights to Early Care Education Welcome to California s Race to the Top Early Learning Challenge grant Module 3, An Introduction to Early Care Education in California. This is Part 1 of Module 3: Children s Rights to Early Care Education. In Module 1, we briefly discussed child outcomes as a shared goal of both IDEA-funded programs RTT-ELC participating sites. In Module 2, we examined child outcomes, screening, evaluation, assessment related resources in greater detail. After viewing Part 1 of this module, you will be able to: Underst that all children have the right to participate in child care in California; Identify the primary types of early care education programs available in California, including center-based programs family child care homes; Articulate IDEA ADA requirements as they pertain to early care education programs; Describe how early care education programs are both natural environments least restrictive environments. Let s begin! Early Care Education in California All children, whether they have special needs or are typically developing, have the right to participate in early care education. There is a policy statement developed by the U.S. Department of Health Human Services the U.S. Department of Education: Inclusion of children with disabilities in early childhood programs can set a trajectory for inclusion across the life course, making it critical that we include individuals with disabilities in all facets of society from birth. This statement is reinforced by early childhood special education professional organizations. The National Association for the Education of Young Children (NAEYC) the Division for Early Childhood (DEC) joint statement on inclusion supporting a philosophy system of inclusion.

2 RTT-ELC Module 3: An Introduction to Early Care Education in California Part 1: Children s Rights to Early Care Education To promote inclusion, let s learn about the types of early care education programs that exist in our state. In California, licensed childcare programs include both child care centers family child care homes. By definition, both types of child care facilities provide non-medical age-appropriate care supervision of infant to school-aged children for less than 24 consecutive hours at a time. Child care centers: Provide care in a large group setting; Usually operate in an institutional or commercial building; Must meet a number of requirements regarding their physical facilities the services they provide. Family child care homes: Provide care in small group settings in the licensee s private house or apartment Include 2 types of facilities: o Small family child care homes care for no more than 8 children at any one time o Large family child care homes care for no more than 14 children at any one time Licensing Requirements The Community Care Licensing Division of the California Department of Social Services issues licenses to both child care centers family child care homes. People who apply for a license, as well as their employees, must undergo a criminal background clearance. In addition, their facilities must meet all licensing requirements regulations. Requirements cover issues such as the number of adults needed to adequately supervise children, the types of food that can be served in programs, children s personal rights in child care.

3 RTT-ELC Module 3: An Introduction to Early Care Education in California Part 1: Children s Rights to Early Care Education State regulations exempt certain types of providers from licensure, meaning they can operate legally without a license. License-exempt care is not regulated by Community Care Licensing. These programs include: Individuals who care for the children of a relative Individuals who care for the children of one other family in addition to their own children Certain parent cooperatives Public or private, non-profit programs that offer recreational services, such as community centers most parks recreation programs Businesses that offer limited child care to their customers, such as department stores sports clubs. These programs usually require that the parent or guardian remain on the premises. Licensed programs are required to post their license within the facility. If parents do not see a posted license, they can: Ask the provider if they are license-exempt Check the Community Care Licensing website to see if the facility is in the state s data base Call their local Licensing office or Call Whether a program is licensed or license-exempt, it is required to comply with the Americans with Disabilities Act (ADA), a federal act that supersedes any state requirements. The ADA specifies places that are considered public accommodations including: Nurseries Elementary, secondary, undergraduate, postgraduate private school, or other place of education Day care centers These private entities are considered places of public accommodation because they hold themselves out to the public as a business. A child care provider, whether operating out of a center or a family child care home, is a place of public accommodation. Both licensed license-exempt programs are considered places of public accommodation. Likewise, the Individuals with Disabilities Education Act (IDEA) guarantees children with disabilities the same access to education as children who do not have disabilities.

4 RTT-ELC Module 3: An Introduction to Early Care Education in California Part 1: Children s Rights to Early Care Education In fact, local educational agencies (LEA) have an obligation under federal law to actively systematically seek out all persons aged 3 to 21 who would be eligible for special education. Similarly, Early Start, the lead agency for early intervention services in California has a child find obligation for infants toddlers. Regardless of how or when families with children with special needs first seek services, they are in a better position to choose appropriate child care when they underst the different kinds of child care available whether or not programs must adhere to state licensing requirements concerning health safety federal regulations concerning services to children with disabilities. IDEA ADA Requirements for Early Care Education The ADA prohibits providers from excluding children because of their disabilities. When a family with a child with a disability applies to an early care education program, the provider (generally the director or family child care provider) will assess what the child needs to be integrated into the program. Once an assessment has been made, the provider will determine the program s ability to make any necessary accommodations. It s important to note that programs may not charge more for a child with a disability to cover the costs of measures required to provide the child with nondiscriminatory treatment. [ The ADA includes 3 types of accommodations: Changes in policies, practices, or procedures Provision of auxiliary aids services to ensure effective communication Removal of physical barriers in existing program facilities Early care education providers must consider the resources available to make any necessary accommodations. For example, a small family child care home that has fewer resources no additional staff may not be required to make the same accommodations that would be expected of a larger center. For programs that are run on school sites, the provider will most likely consult with the school or school district, particularly if facility modifications are needed. In some cases, decisions about accommodations may be made by the principal or school superintendent.

5 RTT-ELC Module 3: An Introduction to Early Care Education in California Part 1: Children s Rights to Early Care Education Universal Design for Learning, Natural Environments, Least Restrictive Environments All young children learn best through everyday experiences interactions with familiar people in familiar contexts, whether they are typically developing or have special needs. To this end, the California Department of Education has developed resources to guide early care education programs in the provision of developmentally appropriate services to all children. The California learning foundations also promote universal design for learning. Developed by the Center for Applied Special Technology (CAST), universal design for learning is based on the understing that children learn in different ways. As such, universal design considers multiple approaches to learning in order to meet the needs of diverse learners. Using universal design for learning means providers intentionally plan why they teach, what they teach, how they teach. In addition to universal design, terms that are used in IDEA are applicable to early care education settings, including least restrictive environment natural environments Least restrictive environment (LRE) refers to the IDEA s mate that schools educate students with disabilities in integrated settings, alongside students with without disabilities, to the maximum extent appropriate. Early care education programs are required to uphold this mate. If an early childhood education setting is identified as either the LRE or the natural environment for a particular child with disabilities, the setting must accept that child into its care. Early intervention or early childhood special education personnel can then support that child within that early childhood education setting. Natural environment refers to settings that are natural or typical for same-age peers without disabilities. These environments include home community settings. Early care education programs, by definition, are natural environments for young children. At the same time, high-quality early care education programs are expected to provide individualized, developmentally appropriate care to all children. This is the end of Part 1 of the RTT-ELC Module: An Introduction to Early Care Education in California. Part 2 of this module will address how to help families identify access early care education programs.