Dear County and District Superintendents, Special Education Local Plan Area Directors, Special Education Administrators at County Offices, Charter School Administrators, Principals, California State Preschool Program Directors, and Nonpublic School Directors:

Rightful Presence and Inclusive Early Education Programs as the First Consideration for Children with Disabilities

This letter reaffirms expectations and underscores the urgency of ensuring rightful presence and considering early education programs as the first placement option for special education services and supports for children with disabilities in California, inclusive of dual language learner students with disabilities. As California continues to develop an educational system that meets the needs of all students in the least restrictive environment (LRE), fostering access, participation, and support for inclusive preschool opportunities for children with disabilities is essential to laying a foundation for lifelong inclusion.

Rightful presence refers to the intentional effort to ensure children with disabilities are fully included, valued, and supported in the educational settings they would attend if they did not have a disability. It emphasizes belonging, equitable access to resources, and active participation in learning and social opportunities alongside peers without disabilities. For more information, visit the SWIFT National Center on Inclusion at https://swiftschools.org/TowardRightfulPresence/.

Research demonstrates that including children with disabilities in high-quality preschool programs can have positive effects and that it can work as an early intervention strategy. For example, several rigorous studies have found that children with disabilities who participated in publicly funded preschool programs demonstrated learning gains that were on par with or surpassed those of their typically developing peers. This includes studies of children participating in the federal Head Start program, Tulsa's Preschool program, and Boston’s Pre-K Program. Some of these findings are highlighted in an expert consensus report titled Investing in Our Future: The Evidence Base on Preschool Education (2013) (https://www.fcd-us.org/wp-content/uploads/2016/04/Evidence-Base-on-Preschool-Education-FINAL.pdf. Additionally the RAND Corporation’s report, Proven Benefits of Early Childhood Intervention, highlights how high-quality early childhood education programs significantly improve developmental and educational outcomes, including reduced special education placement (RAND, 2005). The report can be found at: https://www.rand.org/content/dam/rand/pubs/research_briefs/2005/RAND_RB9145.pdf

Individualized education program (IEP) teams must consider numerous factors when identifying appropriate service and placement options for children with disabilities. As required by the Individuals with Disabilities Education Act (IDEA), the first placement option the IEP team should consider is the regular early education program the child currently attends or would attend if not for their disability, including settings outside of the local educational agency (LEA), such as a community-based program. For unique populations, such as children who are Deaf or Hard of Hearing, the LRE may be a specialized setting that meets unique language, communication, and cultural needs by providing access to educational opportunities from adults and peers that understand the unique nature of deafness and are trained to work with Deaf or Hard of Hearing children.

Recent California Department of Education (CDE) data, which can be found at https://www.cde.ca.gov/be/ag/ag/yr24/documents/jan24item05.docx, underscores the ongoing need to prioritize inclusive practice. In the 2022–23 academic year:

• 20 percent of preschoolers with disabilities attended a regular early childhood education program receiving the majority of special education and related services there.
• 47 percent received special education and related services in a specialized setting.
• 27 percent received special education and related services at provider or other locations.
• 6 percent received special education and related services at home

State Progress Toward Inclusion

In recent years, California has implemented investments to support inclusion, including the Inclusive Early Education Expansion Program (IEEEP)¹. Through these types of investments, LEAs, and their mixed delivery community-based partners, have continued to make advancements in developing collaborative relationships and improved systems to support children with disabilities having rightful presence and progress towards inclusion in early education programs. Additionally, California State Preschool Programs (CSPPs) are now required to set aside 5 percent of their enrollment for children with disabilities². Since this requirement went into effect in fiscal year (FY) 2022–23, California has seen increases in the percentage of children with disabilities served in CSPPs. Specifically, rates of inclusion of children with disabilities in CSPPs increased from 5.2 percent in September 2022 to 7.9 percent in September 2023. Children with disabilities are also categorically eligible for CSPPs, making disability a new eligibility category for enrollment. Within the specified percentage, programs can enroll children with disabilities from families exceeding the income requirements.

Federal Policy Guidance

In November 2023, the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Education (ED) reaffirmed their 2015 policy statement commitment to inclusion by building on it with their November 2023 policy statement, Policy Statement on Inclusion of Children with Disabilities in Early Childhood Programs, which can be found at: https://www.acf.hhs.gov/sites/default/files/documents/ecd/policy-statement-on-inclusion.pdf. The updated policy statement reiterates the expectations and legal foundations for inclusion of children with disabilities in high-quality early childhood programs, increases awareness of the science that supports the benefits to inclusion, establishes expectations for seamless transitions to elementary education, and offers actionable recommendations for implementing IDEA in various early childhood settings (including preschools, Head Start, and childcare programs).

Calls to Action

While CSPPs are now required to enroll children with disabilities, it is one of a variety of early education programs within the mixed delivery system. The updated federal policy statement recommends using a mixed delivery system of public and private early childhood programs, including childcare programs, to ensure that free and appropriate public education requirements are met. The policy statement emphasizes that further progress requires shared responsibility and a nationwide commitment to:

• Work together to reshape attitudes and beliefs about inclusion and expectations for what children with disabilities can achieve.
• Implement policies, budgets, and practices that prioritize access to and participation in high-quality early childhood programs for children with disabilities.
• Create a comprehensive system that meets the individualized learning and developmental needs of each child.
• LEAs are urged to thoroughly review the joint policy statement and strongly consider actions towards achieving the recommendations for local action.

Additional Resources

For more information, tools, and resources related to inclusive practices, visit the early education resources page at: https://www.cde.ca.gov/sp/cd/op/ieeresources.asp. For more information on rightful presence, visit the National Center on Inclusion Toward Rightful Presence web page at: https://swiftschools.org/TowardRightfulPresence/.

For questions regarding this subject, please contact the Inclusion Support Office, Early Education Division, by email at inclusionsupport@cde.ca.gov.

Sincerely,

Sarah Neville-Morgan, Deputy Superintendent
Opportunities for All Branch

Rachel Heenan, Ed.D, Division Director
Special Education Division

Stephen Propheter, Division Director
Early Education Division

SNM/RH/SP:sw

Footnotes

¹ https://www.cde.ca.gov/sp/cd/op/iee.asp

² https://www.cde.ca.gov/sp/cd/ci/mb2301.asp