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In response to the adopted  SC Special Education Regulations

The following information on preschool inclusion was not amended in state regulations although the state dept of ed. removed the language, 300.102 and promoted FAPE for children who are  3 and 4.  They did not promote the LRE to be provided through regulations .  Below are two ways to ensure LRE are available to families and children.  I spoke to district special ed leaders and they state, without stronger state regulations for LRE for 3 and 4 year olds, it can not happen -their hands are tied.

Currently the state reg allows no specific number of peers to be in a preschool class and qualify as a LRE.  This is typically one or two children and their qualifications at most times comes from testing and not qualifying for services,  but the child needing additional supports-- they become peers.  Another is to send in children from the at risk programs such as CD or Head Start.

The Watson Institute (LEAP-preschool programs for children with autism) has conducted research that demonstrates the need for peers to be average in development.  Those who show delays in areas other than articulation are not accepted as peers.  Another criteria in the LEAP model is a minimum of 50 to 50 in ratio.  Although natural proportions are not followed at all times the Federal government at this time uses 50 percent as the guide for inclusive environments. (review for this ratio will be 2010).

Research in all areas of preschool show the importance of inclusive programs to base future growth and development.  Dr. Williams, Vanderbilt University and Dr. Buckley the University of Portsmouth have extensive research in this area.   NECTAC is offering states the opportunity to enroll in an Innovative program to promote LRE for preschool children with disabilities http://www.fpg.unc.edu/~npdci/state-selection-process.cfm.  Application due April 20th.

Please help us achieve Inclusive opportunities for our children --the outcomes are a direct example of how our state will be the most fairly funded, innovative, and choice-driven public school system in the nation.   Your support with the amendments of these regulations is vital to our success.

Preschool Inclusion (Sections 300.114-300.118)
The preamble for the IDEA regulations clarifies that public agencies that do not have an inclusive public preschool that can provide all the appropriate services and supports must explore alternative methods to ensure that the least restrictive environment (LRE) requirements are met. The preamble also states if a public agency determines that placement in a private preschool program is necessary as a means of providing special education and related services to a child with a disability, the program must be at no cost to the parent. Although the Department’s interpretation of its own rules provides important insight, these statements should be incorporated in your State regulations so that parents have a clear understanding of their children’s rights. This language might help you get reimbursed for private preschool or encourage your State or school district to develop public inclusive preschool options.

Students with disabilities would improve their achievement under the No Child Left Behind Act (NCLB) if more of these students started their education in inclusive settings where there is more focus on pre-academic skills. In addition, an inclusive preschool setting provides typical peer models for communication and behavior.

Parentally-Placed Private School Children Ages 3-5 (Section 300.132)
IDEA 2004 provides that districts have the responsibility to spend a proportionate amount to provide services to children with disabilities who have been parentally-placed in private elementary schools and secondary schools. If the district determines that a private school student with a disability should receive some services, a service plan is formulated for that child. The IDEA regulations state that children ages 3-5 are not considered to be parentally-placed private school children for these purposes unless they are enrolled in a private school that meets the definition of elementary school. Since most private preschools are not in elementary schools, their students would not qualify for any services that may be provided under the IDEA provisions for “parentally-placed private school children.” States should be permitted to expand this provision to include children ages 3-5 who are placed by their parents in private schools that do not qualify as elementary schools.

Preschool age children are likely to enter public school when they are old enough for kindergarten. Therefore, States and districts have an interest in ensuring that these children are eligible for services while in preschool.

Yours Truly,

Robin Smith

505 West Wimbledon Drive

Charleston,  South Carolina 29412

843-762-7602

robincdys@aol.com