New Jersey Inclusive Child Care Project (NJICCP) Inclusion Awareness

Transcription

1 New Jersey Inclusive Child Care Project (NJICCP) Inclusion Awareness

2 Goal for Today Key information you need to know when working with Child care providers who may or may not have children with special needs in their program. Increase your knowledge and understanding of the Laws that support inclusion of children with special needs in child care, and after school programs. Enhance your capacity to provide more effective & comprehensive information and services to families of children with special needs

3 Objectives Provide effective strategies to communicate with childcare providers regarding children with special needs. Increase your knowledge base on the rights of families of children with special needs in child care and resources available to support children with special needs in child care. Strengthen your skill level in responding to calls for information and resources for providers and parents of children with special needs.

4 Programs and services offered by the SPAN/NJICCP Free information in Spanish and English) about the laws affecting and influence inclusion and child care Free information about available services and resources In New Jersey for children with special needs Free workshops on inclusion awareness as well as how to workshops for parents and service providers Free telephone technical assistance regarding early childhood and school-age inclusion Free on-site consultation support services

5 What is Inclusion Inclusion is the opportunity for all children regardless of disability, to be included, accepted and valued: In age-appropriate settings In their communities In natural proportions with their non-disabled peers With all necessary supports and services Inclusion requires: Collaboration, planning and teamwork Creativity, a problem-solving attitude and a willingness to try new things An attitude of acceptance and emphasis on capabilities, not disabilities

6 Inclusion Describes how children with disabilities participate in classrooms, childcare programs, recreation, and other community settings. Inclusive education is an attitude of acceptance of difference, not a classroom placement. It is a value of diversity that extends to all children.

7 INCLUSION IS NOT Dumping children into an environment without supports Isolating children Ignoring children s special needs Ignoring parent or teacher needs, concerns or fears Taking risks or making unreasonable demands Violating age-appropriateness Using separate schedules Limiting opportunities for interaction and participation All children learning the same thing in the same way at the same time

8 Laws that support Inclusion Americans with Disabilities Act (public accommodations) reasonable accommodations 504 of the Vocational Rehabilitation Act & Childcare reasonable accommodations IDEA Part C - Early Intervention, natural environments, typical child care settings IDEA Part B - Preschool Special education, least restrictive environments New Jersey Anti-Discrimination Laws

9 The IDEA, ADA, Section 504, & Child Care Almost everything you wanted to know about including children with special needs in typical child care & after-school care, but were afraid to ask! (c) Statewide Parent Advocacy Network 35 Halsey Street, Newark NJ (973)

10 IDEA Part C - Early Intervention Supports services in natural environments, typical child care settings Requires parental consent Procedural safeguards The mission of the New Jersey Early Intervention System (NJEIS) is to provide quality early support and services to enhance the capacity of families to meet the developmental and health-related needs of children, birth to age three, who have delays or disabilities.

11 IDEA Part C - Early Intervention Eligibility A child between birth and 3 years of age is eligible with at least a 33% delay in one and/or a 25% delay in two or more developmental areas. Those areas include: -physical -cognitive -communicative -social/emotional, and -adaptive

12 IDEA Part C - Early Intervention Services are designed to address a problem or delay in development as early as possible. Provided by qualified personnel in natural environments: settings in which children without special needs ordinarily participate and that are most comfortable and convenient for the family, and consistent with family routines. For more information, go to or call

13 IDEA PART B SPECIAL ED Services paid for/provided by Local School District Children are referred into program Parental consent for evaluation and initial IEP An assessment is conducted to determine eligibility Children in EI begin transition process at 2.5 years of age Procedural safeguards, and can take up to 6 months to determine eligibility

14 IDEA PART B SPECIAL ED Eligibility ""Preschool child with a disability" is a child between the ages of three and five experiencing developmental delay Developmental delay, 33 percent delay in one developmental area, or 25 percent delay in two or more developmental areas. i. Physical, including gross motor, fine motor and sensory (vision and hearing); ii. Cognitive; iii. Communication; iv. Social and emotional; and v. Adaptive

15 IDEA PART B SPECIAL ED Auditory Impaired Specific Learning Dis. Orthopedically Imp. Cognitively impaired Visually Impaired Communication Impaired Emotionally Disturbed Multiply Disabled Autistic Traumatic Brain Injury Other Health Impaired Preschool Disabled Social Maladjustment

16 IDEA PART B SPECIAL ED Least Restrictive Environment All children are entitled to a free, appropriate, public education in the LEAST RESTRICTIVE ENVIRONMENT (LRE). AFTER the IEP is developed, the placement, where the IEP will be implemented, shall be determined by the IEP team. According to the law, first consideration should always be given to placement in the general education classroom with appropriate supports and services. Any removal must be justified. This is often referred to as Supported Inclusive Education. District phone numbers and addresses are available at or

17 Americans with Disabilities Act 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

18 Who is covered by the ADA? Almost all privately-run child care centers (including small, home-based centers, even those that are not licensed by the state) All child care services provided by government agencies (like Head Start, summer programs, and extended school day programs) Private child care centers that are operating on the premises of a religious organization

19 Who is covered by the ADA? Only centers that are controlled or operated by a religious organization do not have to comply with the 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.

20 What does ADA require? Child care providers may not discriminate against children or 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.

21 What does the ADA require? Centers and providers must make reasonable modifications to their policies and practices to include children, parents, and guardians with disabilities in their programs. 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.) To demonstrate reasonable efforts, childcare providers must attempt to access available resources outside of their programs.

22 Decision-Making Process 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. Providers must talk with the parents or guardians & other professionals who work with the child. Child care providers are not required to accept children who would pose a direct threat or whose presence would fundamentally alter the nature of their program.

23 Unacceptable Reasons to Exclude a Child Higher insurance rates Need for individualized attention, unless doing so fundamentally alter the program or the cost would be an undue burden. Need for a service animal, violates no pets policy. Services animals are not pets. The need for medication

24 Unacceptable Reasons to Exclude a Child Delayed speech or developmental delays Mobility impairments, need for assistance in taking off and putting on leg or foot braces during the day: The need for toileting,

25 Legal Reasons to Exclude a Child Children who pose a direct threat a substantial risk of serious harm to the health and safety of others. Must be based on an individualized assessment that considers the particular activity and the actual abilities and disabilities of the child.

26 What questions can be asked? Childcare providers may ask all applicants whether a child has any diseases that are communicable through incidental contact expected to occur in child care settings or specific conditions Providers may not inquire about conditions that have not been demonstrated to pose a direct threat.

27 Legal Reasons to Remove A Child after Admission If a childcare provider has made reasonable efforts to meet the needs of a child with disabilities already in their program, but the child s needs can t 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. This decision must be made on an individual basis.

28 Costs of Special Services Childcare providers may not charge parents of children with special needs additional fees to provide services required by the ADA. Providers must spread the cost across all participating families.

29 Parent Responsibilities Parents must provide all appropriate testing equipment, training, and special food for the child. If the childcare 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.

30 ADA Information Line 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 at for more details. New Jersey Division on Civil Rights;

31 Effective Inclusive Programs Written plan for inclusive programs Disability awareness for staff and children Training and support for staff Communication and collaboration Adapted settings, activities, and time Collaboration with families Evaluation plan

32 Basic Supports Helping children understand routines and classroom schedules Helping children make transitions between activities Using classroom activities and routines as opportunities to support peer interactions Promoting positive peer social interactions Helping children learn to manage their own behavior

33 Using Play to Teach A natural tool for intervention Helping a child play along side peers Showing a child how to enter a play situation Providing direct instructions in play Giving specific roles to children

34 Summary Provide multiple opportunities for children to practice emerging skills Distribute opportunities throughout the day Find opportunities to embed instructions when children are engaged, motivated and interested Help children make transitions between activities Help children understand routines and schedules Help children express their wants and needs Promote positive peer social interactions by using classroom activities and routines

35 Working effectively with parents Frequent and open communication build strong partnerships with families. Listen to the concerns of families regarding the child s development as well as what the child is able to do at home. Make sure families understand professionals concerns about the child s development as well as the child s strengths Child care professionals have valuable information about the development of the child.