FEDERAL LEGISLATION:

1
CHAPTER 2

• FEDERAL LEGISLATION
• Early Intervention
• And
• Prevention

2
Introduction

• Basic Principles (starting in the 1960s)
• Early identification
• Intervention
• Prevention of development disabilities
• Family support and participation
• Most recent addition
• Case law has promoted childrens right to be
  educated along with peers in community-based
  programs

3
Early Intervention Movement

• Kirks preschool 1958
• Conclusion Inadequate learning environment might
  be the cause of so-called mental retardation
• Head Start 1965
• Compensatory education for low-income
  preschoolers
• Brain research
• Conclusion Early experiences are very important
• Findings are not always followed by appropriate
  legislative action

4
Early Intervention

• Civil Rights Movement
• Awareness of potential and rights of people with
  disabilities
• Advocacy groups p. 37
• NARC now ARC
• Landmark Legislation
• Legislation that had significant importance and
  long-lasting effects on behalf of people with
  disabilities

5
Public Policy and Gifted

• Not a major focus of public policy
• States not required to have special programs
• Problem with definition of gifted
• Jacob K. Javits Gifted and Talented Special
  Education Act 1988 and 1994
• Programs are discretionary
• Need for focus on young gifted children
• P. 38 for characteristics of gifted

6
Landmark Legislation and People with Disabilities

• Pages 39-50
• Will be covered by written assignment and class
  discussion

7
Inclusion and Case Law

• Case laws make clear existing laws. Case laws
  are drawn from decisions that come from jurys
  verdicts or judges decisions.
• Sacramento Unified School District v. Holland
  (1992)
• Ruled in favor of inclusion for a child with Down
  syndrome
• Provided a 4 part test that must be used to
  evaluate the feasibility of inclusion.
• P. 36

8
InclusionCase Law

• Oberti v. Board of education of Clementon School
  District (1993)
• Ruled in favor of inclusion for a child who was
  severely disabled.
• Inclusion is a right, not a privilege for a
  select few.

9
Prevention

• Concerned with prevention of developmental
  problems
• Timing of prevention
• Before conception
• Genetic counseling
• During pregnancy
• Prenatal care
• Healthy lifestyle
• Prenatal testing of fetus

10
Prevention

• During and after birth
• Adequate medical service during and immediately
  after birth
• Testing following birth
• PKU
• Prevention of Secondary Disabilities
• Problems that come about because of primary
  disability
• Cumulative deficits
• The longer the disability goes untreated the more
  damaging the effect

11
Prevention

• Prevention and Federal Legislation
• EPSDT (Early and Periodic Screening, Diagnosis,
  and Treatment) PL 9-248
• Childhood immunization
• Supplement Food Program for Women,
  Infant/Toddlers, and Children (WIC)
• Medicaid
• Funded by both federal and state money