The following is an article by Barbara J.
Smith, Ph.D., provided by the Council for Exceptional Children. Since this article was written, both the title and number of the law has changed. Although the article's "PL 99-457" is now called "IDEA," the description is still valid.
For over 20 years, the Federal government has been supporting research into the effectiveness of early intervention with handicapped and at-risk young children and their families.
In addition to research studies, projects have been funded to develop model practices for effective early intervention.
These research and model development projects, along with programs such as Head Start, have proven that early intervention is effective.
We know that if we provide support and services to children and families as early as the need is apparent, then: 1) the child's development will not be as delayed as it would be if left unattended until age 6 or older; 2) the stress for the family of having a handicapped child is lessened and they are able to function more productively; and, 3) because of these results, children and families are more able to contribute to their community - indeed, early intervention can prevent the need for many costly services later in life.
In recognition of the effectiveness and critical importance of early intervention, the United States Congress passed Public Law 99-457 in September, 1986.
P.L. 99-457, the Education of the Handicapped Act Amendments of 1986, includes provisions for handicapped children of all ages, as well as for personnel and other activities.
However, the most dramatic provisions of this new law relate to handicapped and at-risk children between the ages of birth and six and their families.
Indeed, the law states:
"The Congress finds that there is an urgent and substantial need:
to enhance the development of handicapped infants and toddlers and to minimize their potential for developmental delay;
to reduce the educational costs to our society, including our nation's schools, by minimizing the need for special education and related services after (they) reach school age;
to minimize the likelihood of institutionalization of handicapped individuals and maximize the potential for their independent living in society; and,
to enhance the capacity of families to meet the special needs of their infants and toddlers with handicaps." Regarding young children and their families, P.L. 99-457 established two new Federal programs.
One new program addresses 3- through 5-year-old handicapped children, and the other addresses handicapped and at-risk infants and toddlers from birth to age three.
First, P.L. 99-457 creates a new mandate for State education agencies to serve all three, four, and five year-old handicapped children by 1990-1991.
This new preschool mandate was achieved by lowering the P.L. 94-142 mandate to age three.
P.L. 94-142, the Education for All Handicapped Children Act of 1975, created a "right to education" for handicapped children between ages six and eighteen.
However, to encourage States to serve children below the ages of six, Congress created the Preschool Incentive Grant in 1975, which, instead of mandating, simply provided some incentive monies.
Now this "right to education" is extended to children beginning at age three.
This new Preschool Grant Program changes the old Preschool Incentive Grant in several ways - it is, in fact, a mandate, rather than an incentive, and it provides more than three times the funding for 3-5 year-olds!
The Preschool Grant Program's purpose is to extend P.L. 94-142 rights to children from age three, including all definitions and requirements.
Moreover, three, four and five year-olds are eligible for services under this new program if they are handicapped according to one or more of the P.L. 94-142 diagnostic categories: deaf, deaf-blind, hard of hearing, mentally retarded, multi-handicapped, orthopedically impaired, other health impaired, seriously emotionally disturbed, specific learning disability, speech impaired, and visually handicapped.
However, Congress made an important distinction for the preschooler: the documentation and count of children required by the Federal government from the States does not have to be by diagnostic category for this age group.
This allows States to serve 3-5 year-olds without labeling them.
P.L. 94-142 was changed a second way for this age group: parental instruction is an allowable cost, rather than only services delivered directly to the child.
This was in recognition of the important role parents play in the lives of preschool-aged children.
Finally, P.L. 99-457 preschool services differ from school-aged requirements under P.L. 94-142 in that variations in length of day, or service model (home-based, center-based, etc.) are encouraged.
Also, local education agencies are encouraged to contract with appropriate existing non-public school community preschool programs to provide a range of services and service models such as the mainstreaming opportunities offered by Head Start.
P.L. 99-457 requires that States, through their State education agencies, participating under P.L. 94-142, ensure that they are providing a "free, appropriate, public education" to all handicapped children beginning at age three, by 1990-91.
Currently, all States ensure that they are providing appropriate services, including individualized education programs (IEP), due process, least restricted environment, non-discriminatory testing, parent involvement, and support services to all handicapped children beginning at age six.
About half the States currently serve three, four, and five year-olds.
The Preschool Grant Program has two channels of funds: a) one for reimbursing school districts for children served in the previous year (served children); and, b) one for advance payment for the number of additional children the State reports they intend to serve the following year (unserved children).
Served children will generate up to $300 / child in fiscal year 1987; $400 / child in fiscal year 1988; $500 / child in fiscal year 1989; and $1,000 / child thereafter.
Unserved children generate up to $3,800 / child until 1990, then all children generate up to $1,000 / child.
If the State does not, in fact, serve all the unserved children they intended to serve and received advanced payment for, their next year's allocation will be adjusted downward.
Similarly, if the State serves more unserved than intended, the following year's allocation is adjusted upward.
If a State does not ensure a free, appropriate, public education beginning at age three to all handicapped children by 1990-91, it will lose the following Federal funds:
all Preschool Grant Funds;
all P.L. 94-142 dollars that were generated by the 3-5 year-olds;
and all grants and contracts related to preschool special education funded under the Education of the Handicapped Act discretionary programs.
The second landmark early intervention program established by P.L. 99-457 is the Handicapped Infants and Toddlers Program.
This section of the law creates a brand new Federal program for handicapped and at-risk children from birth to age three years and their families.
The Congressional purpose of this program is to provide financial assistance to States to:
develop and implement a Statewide, comprehensive, coordinated, multi-disciplinary, interagency program of early intervention services;
facilitate the coordination of early intervention resources from Federal, State, local, and private sources (including private insurers); and
enhance States' capacities to provide quality early intervention services.
While the infant and toddler program is voluntary for States - that is, they may elect to not participate - if a State does choose to participate, or apply for funding under this law, it must meet the requirements of the law.
And, to be eligible for a grant in the fifth year, the State must assure that services are available to all eligible children.
The new Infant and Toddler Program is directed to the needs of children, birth to their third birthday, who need early intervention because they
are experiencing developmental delays in one or more of the following areas: cognitive, physical, language and speech, psychosocial, or self-help skills; or
have a physical or mental condition that has a high probability of resulting in delay (e.g., Down's Syndrome, cerebral palsy, etc.) or
at State discretion, are at risk medically or environmentally for substantial developmental delays if early intervention is not provided.
Secondly, the infant and toddler's family may receive services under this program that are needed to facilitate their capacity to assist in the development of their child.
the governor has established an Interagency Coordinating Council made up of parents, providers, State agency representatives, personnel trainers, State legislature representatives, and others:
the governor has designated a lead agency (which may be the Interagency Coordinating Council); and,
the State assures that the funds will be used to plan, develop and implement Statewide services.
Site Map
Help
Account
Cart
Home
