All childcare facilities shall comply with all applicable provisions as specified in the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.:
- (1) The facility shall enroll children with special needs without regard to disability;
- (2) Programs are required to provide space and care for a child who can be placed in their facility with existing services, as well as added supports from special educational services as long as the health and safety of the child can be met;
- (3) Staff shall provide care in the general classroom with children who are not disabled;
- (4) The facility shall assist in facilitation of services required to meet the special needs of children in the center or in the classroom as specified on the individualized education program or individualized family service plan;
- (5) Facility staff (regular classroom staff) shall be a partner in the IFSP and individualized education program (IEP) process;
- (6) The facility shall allow service providers who are representatives of the Department of Human Services, the Division of Developmental Disabilities Services, or the Department of Education access to the facility to provide special services as prescribed on the plan to enable the plan to be implemented in the classroom (natural or least restrictive environment);
- (7) The facility shall not charge special service providers for space or accept gratuities or payment for allowing special service providers to provide services in their facility;
- (8) The facility is not required to displace children or staff to make space available to special service providers;
- (9) In order for a special service provider to provide special services in the facility, the IFSP/IEP planning team, under the authority of the Department of Education and the division, shall identify the needed special services on the IFSP/IEP; and
- (10) Classroom staff shall reinforce the specified goals and objectives as part of the daily routine of the classroom.
Codification Notes: “IFSP” means individualized family service plan.