Handout 3: Laws and Regulations*
*Adapted with permission from National Network of Resource Access Projects for Head Start. 1995. Child to Child: Maximizing Opportunities for Social Integration. Washington, D.C.: U.S. Department of Health and Human Services, Administration for Children, Youth and Families.
Section 504 of the Rehabilitation Act of 1973
In September 1973, Congress passed Section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of a physical or mental disability. This legislation applies to every program or activity in the country that receives federal money.
Americans with Disabilities Act (ADA)
The ADA, which was signed on July 26, 1990, provides "comprehensive" civil rights protections to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications." This legislation extends the requirements of Section 504 to all public and private programs and provides a mandate to end discrimination against individuals with disabilities. In compliance with Section 504, Head Start programs must continue to ensure accessibility to program facilities and services for persons with disabilities, including' staff, parents, children, and collaborating agencies. This law does not apply to sovereign nations.Both Section 504 and ADA are two major laws that protect children and adults from discrimination.
Individuals with Disabilities Education Act (IDEA)
This law states that all children with disabilities ages 3 through 21 have a right to a free, appropriate, public education (FAPE) in the least restrictive environment (LRE). Children are eligible for services if they are professionally diagnosed as having a disability according to one or more of IDEA's diagnostic categories. Children between the ages of 3 and 5 have the right to receive services without labeling.Children with disabilities and their families have a right to a coordinated, multi-agency approach to services. Therefore, collaboration between Head Start programs, Local Education Agencies (LEAs), and other community resources is essential. Besides serving as a partner with LEAs in coordinating services for children with disabilities, Head Start programs must also take an active role in helping children with disabilities make the transition into school-age programs.
Provisions of IDEA include the IEP, parents as codecisionmakers, due process, confidentiality, and services in the least restrictive environment.
>Head Start Program Performance Standards
The Performance Standards describe Head Start's obligations to follow federal laws of nondiscrimination and to be active partners with LEAs in implementing IDEA. The regulations assert that all eligible Children, including children with disabilities, are entitled to receive Head Start services and be included in the full range of activities normally provided to all Head Start children. These regulations affirm Head Start's long standing commitment to include children with disabilities, and represent today's best practices and the philosophy of inclusion.