(a) Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.:
(1)
- (A) It is a law ensuring services to children with disabilities throughout the nation.
- (B) The Individuals with Disabilities Education Act governs how states and public agencies provide early intervention, special education, and related services to eligible infants, toddlers, children, and youth with disabilities;
(2) It defines a child with special needs as:
- (A) A child determined eligible for special services under Individuals with Disabilities Education Act for whom a current individualized family service plan or individualized education program exists; or
- (B) A child whose physical condition has lasted or is expected to last at least two (2) years as diagnosed by a licensed medical or psychological examiner; and
(3) It is specified in Pub. L. No. 108-466 § 635(a)(16)(A) and (B) (Individuals with Disabilities Education Act as reauthorized) as:
- (A) Children with disabilities, including children in public or private institutions or other care facilities, are educated to the maximum extent appropriate with children who are not disabled; and
- (B) Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of the child is such that the child is not achieving a satisfactory education in a regular class that provides supplementary aids and services.
- (b) All childcare facilities are required by the Individuals with Disabilities Education Act to refer a child with any suspected delays or disabilities to the appropriate lead agency as determined by the child’s age.