POLICY STATEMENT: Inclusion of Children with Disabilities in Early Childhood Programs (September 18, 2015)

1 U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES U.S. DEPARTMENT OF EDUCATION POLICY STATEMENT ON INCLUSION OF CHILDREN WITH DISABILITIES IN EARLY CHILDHOOD PROGRAMS September 14, 2015 PURPOSE The purpose of this policy statement is to set a vision and provide recommendations to States, local education al agencies (LEAs), schools, and public and private early childhood programs, from the U.S. Departments of Education (ED) and Health and Human Services (HHS) (the Departments), for increasing the inclusion of infants, toddlers, and preschool children with disabilities in high - quality early childhood programs. i  It is the Departments’ position that all young children with disabilities should have access to inclusive high -quality early childhood programs, where they are provided with individualized and appropriate support in meeting high expectations. This joint ED and HHS policy statement aims to advance this position by:  Setting an expectation for high -quality inclusion in early childhood programs;  Increasing public understanding of the science that supports meaningful inclusion of children with disabilities, from the earliest ages, in early childhood programs;  Highlighting the legal foundations supporting inclusion in high -quality early childhood programs ;  Providing recommendations to States, LEAs, schools, and early childhood programs for increasing inclusive early learning opportunities for all children; and  Identifying free resources for States, programs, early childhood personnel ii DQGIDPLOLHVWR VXSSRUWKLJK - quality individualized programming and inclusion of children with disabilities in early childhood programs. Though this policy statement focuses on including young children with disabilities in early childhood programs, it is our shared vision that all people be meaningfully included in all facets of society throughout the life course. This begins in early childhood programs and continues into schools, places of employment, and the broader community. Inclusion in early childhood programs can set a trajectory for i Early childhood programs refer to those that provide early care and education to children birth through age five, where the majority of children in the program are typically developing. These include, but are not limited to, private or publicly funded center or family - based child care, home visiting, Early Head Start, Head Start, private preschool, and public school and community -based pre -kindergarten programs, including those in charter schools. ii Early childhood personnel refer to professionals who provide early care and education services to children birth through age five, including public or private preschool teachers, home and center - based child care providers, Head Start and Early Head Start teachers, home visitors, early interventionists, early childhood special educators, and related services personnel. 2 inclusion across the life course, making it critical that we include individuals with disabilities in all facets of society from birth. OVERVIEW This year our country proudly celebrates the 25 th anniversary of the Americans with Disabilities Act, the 40 th anniversary of the Individuals with Disabilities Education Act (IDEA), and the 50 th anniversary of Head Start. All three efforts have been transformative in ensuring equal opportunity for all Americans. While tremendous progress has been made, the anniversaries of these laws are cause for reflection on the work that lies ahead. Children with disabilities and their families continue to face significant barriers to accessing inclusive high - quality early childhood programs and too many preschool children with disabilities are only offered the option of receiving special education services in settings separate from their peers without disabilities 1 7KLVODJLQLQFOXVLYHRSSRUWXQLWLHVLVWURXEOLQJIRUPDQUHDVRQV)LUVWHTXDORSSRUWXQLWLV RQHRI$PHULFD¶VPRVWFKHULVKHGLGHDOV%HLQJPHDQLQJIXOOLQFOXGHGDVDPHPEHURIVRFLHWLVWKHILUVW VWHSWRHTXDORSSRUWXQLWDQGLVHYHUSHUVRQ¶VULJKW ±  DULJKWVXSSRUWHGERXUODZV6HFRQGUHVHDUFK LQGLFDWHVWKDWHDUOFKLOGKRRGLQFOXVLRQLVEHQHILFLDOWRFKLOGUHQZLWKDQGZLWKRXWGLVDELOLWLHV 2 7KLUG SUHOLPLQDUUHVHDUFKVKRZVWKDWRSHUDWLQJLQFOXVLYHHDUOFKLOGKRRGSURJUDPVLVQRWQHFHVVDULOPRUH H[SHQVLYHWKDQRSHUDWLQJVHSDUDWHHDUOFKLOGKRRGSURJUDPVIRUFKLOGUHQZLWKGLVDELOLWLHV 3  )LQDOO PHDQLQJIXOLQFOXVLRQFDQVXSSRUWFKLOGUHQZLWKGLVDELOLWLHVLQUHDFKLQJWKHLUIXOOSRWHQWLDOUHVXOWLQJLQ EURDGVRFLHWDOEHQHILWVLQFOXGLQJKLJKHUSURGXFWLYLWLQDGXOWKRRGDQGIHZHUUHVRXUFHVVSHQWRQ LQWHUYHQWLRQVDQGSXEOLFDVVLVWDQFHODWHULQOLIH 4  It is well documented that the beginning years of all children’s lives are critical for building the early foundations of learning and wellness needed for success in school and later in life. During these years, children’s brains develop rapidly, influenced by the experiences they share with their families, teachers, peers, and in their communities. Like all children, it is critical for children with disabilities to be exposed to a variety of rich experiences where they can learn in the context of play and everyday interactions and engage with their peers with and without disabilities. In partnership with families, high -quality early childhood programs can facilitate the experiences that foster learning for all children. States and communities have made progress in expanding early learning opportunities for young children, with 40 States and the District of Columbia now offering some form of State -funded public pre -kindergarten programs 5  DQGDJURZLQJQXPEHURI6WDWHVDUHLQFUHDVLQJDFFHVVWRLQIDQW - toddler early childhood programs. Aligning with the movement of States, the Federal government has several efforts to increase access to and the quality of early childhood programs through the Race to the Top -Early Learning Challenge, Preschool Development Grants, expansion of Head Start and Early Head Start, and the Early Head Start -Child Care Partnerships, among others. Despite these expansions in the availability of early childhood programs, there has not yet been a proportionate expansion of inclusive early learning opportunities for young children with disabilities. It is critical when expanding the availability of high - q uality early childhood programs to ensure that children with disabilities are included in these opportunities, so they too reap the benefits of high -quality early learning experiences. Systems should be built and expanded to support the learning and development of all children. This means that a “high - quality” early childhood program should be one that is inclusive of children with disabilities and their families, ensuring that policies, funding, and practices enable their full participation and success. Given the important nationwide focus on early learning, the time is right to strengthen our efforts to address barriers to inclusion of children with disabilities in early childhood programs. All early childhood programs and services, including public and private preschool, center and family -based child care, Early 3 Head Start and Head Start, and the IDEA, in partnership with families and communities, play an important role in building a nationwide culture of inclusion of children with disabilities. THE FOUNDATION FOR INCLUSION IN EARLY CHILDHOOD PROGRAMS Policy makers have partnered with families, advocates, practitioners, and researchers for decades to expand access to inclusive early childhood programs for children with disabilities, reinforced by a strong legal foundation. In the findings to the IDEA, Congress states, “Almost 30 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by … having high expectations for such children and ensuring their access to the general education curriculum in the regular classroom program, to the maximum extent possible in order to …meet developmental goals and, to the maximum extent possible, the challenging expectations that have been established for all children…”. This principle is equally applicable to the participation of young children with disabilities in inclusive early childhood programs. Undoubtedly, there is more work to be done to expand children’s access to meaningful inclusive early learning opportunities. Further progress will require a shared responsibility and a nationwide commitment to prioritize access to high -quality early childhood programs for children with disabilities in policies, budgets, and practices; to work together to reshape attitudes and beliefs about inclusion and to raise expectations for what children with disabilities can achieve; and to create a comprehensive system that meets the individualized learning and developmental needs of all children. The following sections set a basic foundation for inclusion that can inform the implementation of the State, LEA, school, and program level recommendations offered in subsequent sections. Inclusion in Early Childhood Programs Inclusion in early childhood programs refers to including children with disabilities in early childhood programs, together with their peers without disabilities ; holding high expectations and intentionally promoting participation in all learning and social activities, facilitated by individualized accommodations ; and using evidence -based services and supports to foster their development (cognitive, language, communication, physical, behavioral, and social -emotional) , friendships with peers, and sense of belonging. This applies to all young children with disabilities, from those with the mildest disabilities, to those with the most significant disabilities. The vision for inclusion in early childhood programs and recommendations provided in the policy statement build on the principles and definition set forth in the joint position statement from the National Association for the Education of Young Children (NAEYC) and the Council for Exceptional Children’s Division for Early Childhood (DEC). 6  :KLOH1$(

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES U.S. DEPARTMENT OF EDUCATION POLICY STATEMENT ON INCLUSION OF CHILDREN WITH DISABILITIES IN EARLY CHILDHOOD PROGRAMS EXECUTIVE SUMMARY September 14, 2015 This year our country proudly celebrates the 25 th anniversary of the Americans with Disabilities Act, the 40 th anniversary of the Individuals with Disabilities Education Act (IDEA), and the 50 th anniversary of Head Start. All three efforts have been transformative in ensuring equal opportunity for all Americans. While tremendous progress has been made, the anniversaries of these laws are cause for reflection on the work that lies ahead. Children with disabilities and their families continue to face significant barriers to accessing inclusive high -quality early childhood programs and too many preschool children with disabilities are only offered the option of receiving special education services in settings separate from their peers without disabilities . This lag in inclusive opportunities is troubling for many reasons: • Being meaningfully included as a member of society is the first step to equal opportunity, one of America’s most cherished ideals, and is every person’s right – a right supported by our laws. • Research indicates that meaningful inclusion is beneficial to children with and without disabilities across a variety of developmental domains. • Preliminary research shows that operating inclusive early childhood programs is not necessarily more expensive than operating separate early childhood programs for children with disabilities. • Meaningful inclusion in high- quality early childhood programs can support children with disabil ities in reaching their full potential resulting in broad societal benefits. It is the Departments’ position that all young children with disabilities should have access to inclusive high -quality early childhood programs, where they are provided with individualized and appropriate support in meeting high expectations. To further this position, the Departments’ policy statement on the inclusion of young children with disabilities in early childhood programs : • Sets an expectation for high -quality inclusion in early childhood programs ; • Highlights the legal and research foundations supporting inclusion ; and • Provides recommendations to States, local educational agencies (LEAs) , schools, and early childhood programs for increasing inclusive early lear ning opportunities for all children. Though this policy statement focuses on including young children with disabilities, it is our shared vision that all people be meaningfully included in all facets of society throughout the life course. This begins in e arly childhood programs and continues into schools, places of employment, and the broader community. Inclusion in Early Childhood Programs Inclusion in early childhood programs refers to including children with disabilities in early childhood programs, together with their peers without disabilities ; holding high expectations and intentionally promoting participation in all learning and social activities, facilitated by individualized accommodations ; and using evidence -based services and supports to foste r their development (cognitive, language, communication, physical, behavioral, and social -emotional ) , friendships with peers , and sense of belonging. This applies to all young children with disabilities, from those with the mildest disabilities, to those with the most significant disabilities. The vision of inclusion in early childhood programs and recommendations provided in the policy statement build on the principles and definition set forth in the joint position statement from the National Association for the Education of Young Children (NAEYC) and the Council for Exceptional Children’s Division for Early Childhood (DEC). The Scientific Base for the Benefits of Inclusion • Individualized evidence -based strategies for children with disabilities can be imp lemented successfully in inclusive early childhood programs. • Children with disabilities, including those with the most significant disabilities, can make significant developmental and learning progress in inclusive settings. • Research suggests that children’s growth and learning is related to their peers’ skills and the effects are most pronounced for children with disabilities . • These outcomes are achieved when children with disabilities are included several days per week in social and learning opportunities with their typically developing peers and specialized instructional strategies are used . • Typically developing children show positive developmental, social, and attitudinal outcomes from inclusive experiences. The Legal Foundation • IDEA Part C requires that appropriate early intervention services are made available to the maximum extent appropr iate to eligible infant s and toddler s with disabilit ies in natural environments, including the home, and community settings in which children without disabilities participate . • For eligible c hildren with disabilities ages three through 21, IDEA Part B requires that, special education a nd related services, be provided, to the maximum extent appropriate, in the leas t restrictive environment (LRE) , which includes a continuum of placement options and supplementary services . • The IDEA presumes that the first placement option considered for an eligible child with a disability is the regular classroom the child would attend if he or she did not have a disability. LEAs must ensure that a free appropriate public education is provided in the LRE regardless of whether the y operate a g eneral early childhood program. This may include providing special education and related services in public or private general early childhood programs, including Head Start and Early Head Start programs, and community -based child care programs. • The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Sec tion 504) prohibit discrimination on the basis of disability. HHS and ED’s Section 504 regulations require recipients such as schools to provide equal educational opportunities for children with disabilities in the most integrated setting appropriate to the child’s needs. • The Head Start Act and the Child Care a nd Development Block Grant Act have specific provisions that support high- quality early learning opportunities for children with disabilities. Challenges to Inclusion Attitudes and Beliefs: These are the most frequently reported barrier to early childhood inclusion, an d may be influenced by misinformation of the feasibility of inclusion, resistance to changing existing practices, stereotyping of children with disabilities, and lack of awareness of the benefits for all children . IDEA Interpretation and Perceived Barriers: Some jurisdictions misinterpret IDEA’s Part C natural environment provision as only allowing early intervention services to be provided in children’s homes, and not in community settings where typically developing children are included . Other jurisdictions misinterpret IDEA’s free appropriate public education (FAPE) and LRE requirement s as only allowing I D E A preschool special education services to be delivered in preschool programs operated in a public school building. Lack of Expertise of the Early Childhood Workforce: Early childhood providers and teachers may lack knowledge and competencies in child development, early childhood pedagogy, and individualizing instruction. This affects all children and present s a challenge to h igh-quality inclus ive early learning . Lack of Comprehensive Services: The systems that prov ide services to young children often deliver services in separate settings. The lack of delivery o f comprehensive supports in early childhood programs may be a barrier to the full pa rticipation and success of children with disabilities in inclusive settings. Limited Time and Commitment to Build Partnerships: A key ingredient to successful inclusion is a strong partnership between g eneral early childhood programs and early intervention and early childhood special education providers. Many communities believe in the importance of inclusion but have made little progress due to limited planning time or a lack of commitment and suppor t from leaders. Building a Culture of Inclusion Addressing the barriers to inclusion in early childhood programs and ensuring individualized supports to children with disabilities requires a community-based approach that brings families, advocates, developmental specialists, early childhood programs, sc hools, LEAs, communities and States leaders together to build a culture of inclusion, supported by the empirical and legal foundations of inclusion. A culture of inclusion sets the stage for the recommendations provided in the Federal policy statement and is the first step to reaching the ultimate vision of providing access to inclusive high -quality early learning opportunities for all children. State Recommendations 1. Create a State -Level Interagency Task Force and Plan for Inclusion: States should leverage existing early childhood councils or taskforces and create or strengthen a focus on early childhood inclusion. This council should build on existing early childhood efforts, bring partners together, co- create a written vision statement for early childhood inclusion, and carry out an inclusion State plan. 2. Ensure State Policies Support High -Quality Inclusion: States should review their policies to ensure that they facilitate high -quality inclusion. The State should ensure that fu ture early learning initiatives within the State have specific policies and procedures to recruit, enroll, and appropriately support the learning and developmental needs of young children with disabilities. 3. Set Goals and Track Data: States should set concrete goals for expanding access to inclusive high - quality early learning opportunities, and track progress in reaching these goals. 4. Review and Modify Resource Allocations : States should review how resources are allocated and how they may be reallocated to better support increased access to inclusive early childhood programs. States should consider using funds across multiple early childhood programs, particularly IDEA funds with other early childhood funding streams . 5. Ensure Quality Rating Frameworks are Inclusive: Each level in a quality framework should include indicators applicable to children with disabilities, as opposed to indicators specific to children with disabilities being optional or only applying at the highest level of a framework. 6. Strengthe n Accountability and Build Incentive Structures: The State should address barriers to inclusion within their accountability system. This should include reviewing the individualized education program (IEP) process es to ensure that placement decisions are in dividualized and consistent with LRE requirements for eligible children under the IDEA. 7. Build a Coordinated Early Childhood Professional Development (PD) System : An effective early childhood workforce is a key component of expanding access to inclusive high-quality early childhood programs. States should ensure that their professional development efforts are coordinated and that inclusion of children with disabilities are meaningfully addressed across all efforts. Specifically, States should: • Build a Commo n Knowledge and Competency Base Across Child-Serving Providers • Ensure that State Certifications, Credentials, and Workforce Preparation Programs h ave a Strong Focus on Inclusion • Ensure Personnel Policies Facilitate Inclusion • Offer Cross -Sector Professional Development and T echnical Assistance 8. Implement Statewide Supports for Children’s Social -Emotional and Behavioral Health : Early childhood programs should have access to specialists who can build capacity in working with young children, with an emphasis on fostering social -e motional and behavioral health. 9. Raise Public Awareness : The State should take an active role in trying to shift perceptions of inclusion by partner ing with community leaders to communicate the benefits of early childhood inclusion, affirm the laws and research that form the foundation for inclusion, and set the expectation that the community is responsible for ensuring that all children have access to h igh-quality early childhood programs and the individualized supports they need to fully participate in those programs. Local Recommendations 1. Partner with Families: Families are children’s first and most important teachers and advocates. Schools and progr ams should ensure all families are knowledgeable about the benefits of inclusion and include them in policy development, advocacy efforts, and public information initiatives. They should build staff’s capacity to form strong goal-oriented relationships with families that are linked to their child’s learning, development, and wellness. 2. Adhere to Legal Provisions of Supports and Services in Inclusive Settings with IFSPs/IEPs: LEAs, schools, and other local early intervention service providers should review their IFSP/IEP processes to ensure that inclusive settings are meaningfully discussed for each child. 3. Assess and Improve the Quality of Inclusi on in Early Childhood Programs: Pair c hildren’s assessments with environmental assessments of their early childhood programs to ensure that there are appropriate accommodations and modifications to support children in reaching their goals. 4. Review and Modify Resource Allocation : LEAs, schools, and early childhood programs can examine the ways they all ocate funds that serve children with disabilities and modify them to promote inclusion. 5. Enhance Professional Development: A high -quality staff should have knowledge, competencies, and positive attitudes and beliefs about inclusion and disability in order to foster the development of all children. Specifically: • LEA Administrators, Early Childhood Directors and Principals should participate in professional de velopment focused on the research on inclusion, establishing a culture of inclusion and enact ing strong inclusive polic ies, and practical resource allocation strategies that support inclusion. Leaders should require staff to engage in professional developm ent specific to inclusion and supporting the learning and developmental needs of children with disabilities. • Teachers and P roviders should have the skills necessary to meet the learning needs of all children. All professional development opportunities offered to early childhood staff should incorporate how the content applies and can be individualized for children with disabilitie s. • Early interventionists, Special Educators and Related Service Personnel should deliver services to children with disabilities in early childhood settings that are embedded in everyday routines ; and/or co-teach and coach early childhood teachers and providers to encourage inclusive educational environments , as opposed to focusing on working with children in separate settings or pulling children out of their settings for specialized instruction, as a first option . 6. Establish an Appropriate Staffing Structure and Strengthen Staff Collaboration: LEAs, schools, and early child hood programs should shift existing resources and systems to establish staffing structures and increase staff collaboration to better support inclusion. Early childhood programs could consist of a skilled teacher or provider and an aide, supported by specialized service providers. Programs should also have a disability or inclusion coordinator. 7. Ensure Access to Specialized Supports : Early childhood programs and schools should have access to specialized supports delivered by experts. These specialized supports can increase the quality of early learning experiences for all children. 8. Develop Formal Collaborations with Community Partners : Early childhood programs and schools should e stablish formal agreements with service providers in their community to e nsure alignment and delivery of comprehensive services.

UNITED STATES DEPARTMENT OF EDUCATION UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES September 1 8, 2015 Dear Partners : On September 14, 2015, we issu ed a policy statement that sets a vision and provides recommendations to States, local educational agencies (LEAs), schools, and public and private early childhood programs, for increas ing the inclusion of children with disabilities ages birth through five in high -quality early childhood program s. It is the Departments’ position that all young children with disabilities should have access to inclusive high -quality early childhood programs where they are provided appropriate services and supports in meeting high expectations. Despite a strong legal foundation and research base supporting the benefits of inclusion for children with and without disabilities , many young children with disabilities do not have access to , nor participate in , high -quality early childhood programs. Given the growing attention to expanding access to high -quality early childhood pr ograms, the time is right to ensure that young children with disabilities are included in these efforts , and together with their peers without disabilities , and they reap the benefits of participation in high -quality early childhood programs . Through the policy statement we released , we aim to support and encourage States, early childhood programs and schools, teachers and providers, national professional organizations, advocates, and families to take action to expand access to high -quality inclusive early childhood programs for all children . This policy statement is one effort in a series of Federal actions promoting the inclusion of young children with disabilities in high -quality early childhood p rograms. The Departments intend to work with our partners in the community to raise public awareness and identify resources to support high - quality programming and inclusion of children with disabilities in early childhood programs. Together we can make progress in increasing inclusive early learning opportuniti es for young children with disabilities , and in doing so, achieve greater outcomes for all children . We hope that States and local communities will share the Departments ’ vision that all people with disabilities be meaningfully included in all facets of so ciety , starting at birth , and partner with us to build a stronger and more comprehensive early childhood system that set s a trajectory for their inclusion and positive outcomes across the course of the ir lives . Thank you for the work you do on behalf of ch ildren and families across America. Sincerely, /s/ Arne Duncan, Secretary U.S. Department of Education /s/ Sylvia Matthews Burwell, Secretary U.S. Department of Health and Human Services