Federal Laws Affecting Preschool Inclusion

Federal education program that assists states in developing and implementing systems of comprehensive services for all eligible individuals with disabilities, birth through 21 years of age.

Preschool Grants Program (Section 619 of Part B) requires states to ensure services to children ages 3 through 5 years are provided in the least restrictive environment (LRE) possible.

Relevant sections of the Part B regulations related to LRE are:

• General LRE Requirements   (34 CFR 300.114)
• Continuum of alternative placements   (34 CFR 300.115)
• Placements   (34 CFR 300.116)
• Nonacademic settings   (34 CFR 300.117)
• Children in public or private institutions   (34 CFR 300.118)
• Technical assistance   (34 CFR 300.119)
• Monitoring activities   (34 CFR 300.120)
• Private Schools   (34 CFR 300.133)

Data Tables for State Reported Data made available by Data Accountability Center (DAC) used to report number and percentage of children ages 3-5 by race, ethnicity, and settings and educational environments; one measure of performance related to provision of services in inclusive settings with typically developing children.

Prohibits discrimination on the basis of disabilities in public and private programs and activities that receive federal funds and creates the responsibility to provide a free appropriate public education.

Protects individuals with mental or physical disabilities from discrimination in employment, public accommodations, public transportation, and telecommunications.

Public accommodations include private programs such as family child care homes, child care centers, nursery schools, preschools, and Head Start programs run by public or nonpublic agencies.

Young children in public settings (such as local education agency and Head Start programs) are covered by Title II of ADA.

Young children in private programs are covered by Title III of ADA.

Child care center's interaction with children and parents are covered by Titles II and III of ADA.

Commonly Asked Questions About Child Care Centers and the ADA (1997)

Child Care Centers and the ADA (1997) - an overview of resources and guides

Provides comprehensive developmental services for low-income infants, toddlers and preschool children, ages birth to 5 years, and social services for their families. Specific services for children focus on education, socio-emotional development, physical and mental health, and nutrition.

Head Start Performance Standards on Services for Children with Disabilities (45 CFR 1308) - requirements for providing special services for children (3 through 5) with disabilities enrolled in Head Start programs.

Head Start Program Performance Standards (45 CFR 1304) - requirements for operation of Head Start Programs by Grantee and Delegate Agencies