Introduction
Competency 0001 of the PECT Special Education PreK–8 Module 1 requires you to understand the historical, philosophical, and legal foundations that govern special education from birth through grade 8. This competency has a unique PreK–8 emphasis: you must know both Part C (early intervention, birth–age 3) and Part B (ages 3 and up) of IDEA, the IFSP process, and how legislation specifically addresses young children with disabilities. Pennsylvania candidates must also know the state's Code of Professional Practice and confidentiality requirements.
Historical and Philosophical Foundations
Timeline: From Exclusion to Early Intervention
| Era | Key Events & Significance |
|---|---|
| Pre-1900s | Samuel Gridley Howe (residential school for the blind); Édouard Séguin (sensory-motor training for intellectual disabilities); Dorothea Dix (asylum reform); Thomas Gallaudet (deaf education) |
| 1900–1950 | Special classes begin in public schools; intelligence testing (Binet-Simon); institutionalization was the norm; young children with disabilities received no public services |
| 1950–1970 | Parent advocacy groups (ARC, 1950); normalization principle (Nirje, Wolfensberger); civil rights movement influences disability rights; first recognition that early childhood services were critical for long-term outcomes |
| 1972 | PARC v. Pennsylvania — students with intellectual disabilities have the right to a public education in Pennsylvania; directly influenced PL 94-142 |
| 1975 | PL 94-142 (Education for All Handicapped Children Act) — mandates FAPE, LRE, IEP, nondiscriminatory evaluation, procedural safeguards, parent participation. Applied to children ages 5–21. |
| 1986 | PL 99-457 — landmark extension of PL 94-142 to children ages 3–5 (mandatory) and birth–2 (voluntary with incentives). Created the Individualized Family Service Plan (IFSP) for infants and toddlers — a major milestone for early intervention. |
| 1990 | EHA renamed IDEA (Individuals with Disabilities Education Act); ADA enacted; transition services added to IEPs; assistive technology emphasized |
| 1997–2004 | IDEA reauthorizations: stronger early intervention provisions, RtI/multi-tier systems, alignment with NCLB; IDEA 2004 strengthened Part C (early intervention) programs |
| Present | UDL, evidence-based practices, and MTSS are central; early intervention research shows greatest return on investment when services begin at birth; family-centered practice is the standard |
Core Philosophical Principles
- Zero-Reject / FAPE: All children with disabilities — regardless of severity — are entitled to a free appropriate public education. No child can be excluded.
- Least Restrictive Environment (LRE): Students must be educated with non-disabled peers to the maximum extent appropriate. For Part C, this means natural environments (home, child care, community settings where children without disabilities participate).
- Normalization: People with disabilities are entitled to living conditions and daily routines as close to typical as possible. This principle drove deinstitutionalization and inclusion.
- Family-Centered Practice: For children birth–5, the family is the primary focus of services, not just the child. IFSPs address family priorities, resources, and concerns. Services are built around the family's routines and natural environments.
- Universal Design for Learning (UDL): Proactively designing instruction, materials, and environments to be accessible to all learners from the start — especially critical in early childhood settings with diverse developmental needs.
- Evidence-Based Practice: All interventions must be supported by scientific research. This is mandated by both IDEA and ESEA/ESSA.
IDEA: Part B vs. Part C — Critical Distinctions for the PECT 011
Part B vs. Part C at a Glance
| Feature | Part B (Ages 3–21) | Part C (Birth–Age 3) |
|---|---|---|
| Document | IEP (Individualized Education Program) | IFSP (Individualized Family Service Plan) |
| Focus | Child's educational needs | Child AND family needs, priorities, concerns |
| Setting | LRE (general ed, resource room, etc.) | Natural environments (home, child care, community) |
| Lead Agency | State Education Agency (SEA) / Local Education Agency (LEA) | Lead agency designated by governor (varies by state; in PA: Departments of Health and Education share responsibility) |
| Review Frequency | Annually | Every 6 months (or more frequently if requested) |
| Service Coordinator | Special education teacher or administrator | Designated service coordinator (often from early intervention program) |
| Eligibility | Qualifying disability from 13 IDEA categories; affects education | Developmental delay OR diagnosed condition with high probability of delay; developmental delay is valid until age 9 in Pennsylvania |
IDEA's Six Core Principles (apply to both Part B and Part C)
- Zero Reject / FAPE: All children with disabilities receive a free appropriate public education (or early intervention services for Part C)
- Nondiscriminatory Evaluation: Assessments must be in the child's native language, culturally unbiased, use multiple measures, and involve a multidisciplinary team
- IEP / IFSP: Every eligible child has an individualized plan developed collaboratively with the family
- LRE / Natural Environments: Services delivered where children without disabilities learn and play (Part C) or in the least restrictive setting appropriate (Part B)
- Procedural Safeguards: Parents have rights to prior written notice, consent, records access, independent evaluation, mediation, and due process
- Parent Participation: Families are equal partners in all planning and placement decisions
Key Transition: Part C to Part B (Age 3)
The transition from Part C early intervention to Part B preschool special education is a critical moment for families and a key test topic:
- Transition planning must begin at least 90 days before the child's 3rd birthday
- A transition conference is held with the family and the receiving LEA
- The IFSP transitions to an IEP; the child moves from a family-centered to a child-centered service model
- Not all Part C children will qualify for Part B — eligibility criteria differ; some may continue receiving services through preschool under IDEA's developmental delay category (valid in PA through age 9)
- The LEA must have an IEP in place by the child's 3rd birthday if eligible
Federal Legislation: Key Laws for PreK–8 Special Educators
Section 504 of the Rehabilitation Act (1973)
- Broader eligibility: Any physical or mental impairment that substantially limits a major life activity — including young children who don't qualify for an IEP
- Provides accommodations and modifications in the general education setting, not specialized instruction
- Example: A kindergartner with ADHD who needs preferential seating and frequent breaks but doesn't need special ed services may qualify for a Section 504 Plan
- Does NOT apply to Part C (birth–age 3 early intervention is governed solely by IDEA Part C)
ADA — Americans with Disabilities Act (1990)
- Prohibits discrimination in employment, public accommodations, transportation, and telecommunications
- Relevant for understanding inclusive child care and community settings where young children with disabilities have the right to participate
- Child care centers receiving federal funding must provide reasonable accommodations for children with disabilities
ESEA / Every Student Succeeds Act (ESSA, 2015)
- Requires all students, including those with disabilities, to be assessed against grade-level standards
- Up to 1% of students (those with the most significant cognitive disabilities) may be assessed via alternate assessments
- States must support high-quality preschool programs as part of school readiness efforts
Landmark Court Cases
| Case | Ruling |
|---|---|
| PARC v. Pennsylvania (1972) | All students with intellectual disabilities have the right to a public education in Pennsylvania — directly influenced PL 94-142 |
| Mills v. Board of Education (1972) | All children with disabilities (not just intellectual) are entitled to public education — extended the right from PARC |
| Board of Ed. v. Rowley (1982) | FAPE defined as "some educational benefit" — schools don't have to maximize potential, just provide meaningful benefit |
| Endrew F. v. Douglas County (2017) | Raised FAPE standard — IEPs must be "reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances" — more than de minimis |
| Honig v. Doe (1988) | Schools cannot unilaterally exclude students with disabilities for disability-related misconduct; "stay-put" provision applies during dispute resolution |
Current Frameworks: RtII and UDL
Response to Instruction and Intervention (RtII) — Pennsylvania's MTSS
- Tier 1: Universal, high-quality instruction for all children; includes universal screening; strong emphasis on developmentally appropriate practices in early childhood
- Tier 2: Targeted supplemental interventions for children not meeting benchmarks; small group; more frequent progress monitoring
- Tier 3: Intensive individualized interventions; may lead to special education referral
- RtII data can be used in the special education eligibility determination process for Specific Learning Disabilities
- In early childhood, RtII screening might include developmental screeners (ASQ, DIAL) for all children entering preschool programs
Universal Design for Learning (UDL)
- Multiple Means of Representation: Present content through visuals, audio, hands-on materials, and movement — especially important for preschool and early elementary students
- Multiple Means of Action and Expression: Allow children to demonstrate knowledge through drawing, building, verbal response, technology — not just pencil-and-paper tasks
- Multiple Means of Engagement: Motivate through choice, familiar contexts, play, and culturally relevant materials
Professional Ethics and Legal Standards
Pennsylvania's Code of Professional Practice and Conduct
- All Pennsylvania educators, including special educators in PreK–8 settings, must maintain professional integrity and act in the best interest of students
- Avoid conflicts of interest; maintain appropriate boundaries with students and families
- Uphold these standards in all professional relationships — with young children, families, colleagues, and the community
Confidentiality Laws: FERPA and HIPAA
| Law | What It Protects | Application to PreK–8 |
|---|---|---|
| FERPA (1974) | Education records — IFSPs, IEPs, evaluations, grades | Schools must obtain parental consent before sharing records; parents have the right to inspect and correct records; applies from birth in the context of Part C programs that receive federal education funding |
| HIPAA (1996) | Protected Health Information (PHI) — medical records | Relevant when sharing medical information about a child with outside healthcare providers; FERPA generally takes precedence for school records; HIPAA may apply to records held by community-based Part C providers |
Mandatory Reporting
- Special educators are mandated reporters in Pennsylvania — legally required to report suspected child abuse or neglect
- Young children with disabilities are at higher risk for abuse; early childhood educators must know the signs
- Report to: Pennsylvania ChildLine (1-800-932-0313) or local child welfare agency
- Never investigate yourself — report and let trained investigators handle it
- Good faith reporters are protected from liability
Key Takeaways for the PECT 011
- PL 99-457 (1986) was the landmark law that created Part C (IFSP, birth–age 3 early intervention) — know that it extended PL 94-142 to young children
- Part C vs Part B: IFSP (family-centered, natural environments, 6-month reviews) vs IEP (child-centered, LRE, annual reviews)
- The Part C to Part B transition happens at age 3: transition planning begins at least 90 days before the 3rd birthday; LEA must have IEP ready by the 3rd birthday
- PARC v. Pennsylvania (1972) established the right to public education for students with intellectual disabilities in Pennsylvania — directly led to PL 94-142
- Developmental delay eligibility is valid through age 9 in Pennsylvania (not just ages 3–5 as in federal law)
- Endrew F. (2017) raised the FAPE standard — IEPs must be "reasonably calculated to enable appropriate progress in light of the child's circumstances"
- FERPA protects educational records; HIPAA protects health information; both require consent before sharing
- Special educators are mandated reporters — always report suspected abuse/neglect to Pennsylvania ChildLine; never investigate yourself