An analysis of legal issues relating to the least restrictive environment standards

Abstract

The lack of clear language in the Individuals with Disabilities Education Act (IDEA), which is the federal law that governs the provision of special education and related services to children with disabilities in the USA, has led to inconsistencies in school districts' decisions regarding the least restrictive environment (LRE). This uncertainty in determining an appropriate LRE has become a significant obstacle to educating students with disabilities. Therefore, this paper examines a number of court cases that have challenged school districts to provide the LRE for students with disabilities and have handed down decisions that define specific standards that are useful for school teams to implement the mandate of the LRE. Through the synthesis of these cases, the author provides criteria for determining the LRE for students with disabilities that could enhance inclusive education for these students. Finally, the author suggests that legislators should reconsider the language of LRE, make it more specific regarding the determination of LRE, and apply the standards defined in these cases and others to state a clear formula for developing LRE that could be utilised in school districts throughout the country.

Florida Senate Bill 1108

“…For Susan, this ambiguity manifested in a disagreement over the placement options that allow her to access FAPE. Alquraini (2013) suggested legislators reevaluate the current definition of LRE and suggested a standard for determining LRE based on a combination of prior legal rulings. Using Alquraini’s framework or another of your choosing, draft sample language that you would propose to your legislator to clarify the term LRE.…”

Principals as Political Agents in The Implementation of IDEA’s Least Restrictive Environment Mandate

“…The LRE clause mandates that students with disabilities integrate in classrooms with students without disabilities to the appropriate maximum extent (Beratan, 2006;IDEA, 2004;Yell, 1998). Typically, state and federal guidance documents interpret LRE as a continuum of services for student support rather than as a dichotomous choice of staying in a general education classroom or placement in a full-time special education classroom (Alquraini, 2013;Armstrong, Armstrong, & Spandagou, 2011;Yell, 1998).…”

Evaluating the efficacy and generality of a skill‐based approach for promoting universal behavioral readiness

“…Such risk is heightened when children enter more structured and demanding environments, such as center‐based childcare (National Institute of Child Health and Human Development, 2003). Children who display problem behavior commonly experience exclusionary practices (e.g., suspensions and expulsions; Perry et al, 2008), restrictive interventions and environments (Alquraini, 2013; Lovaas & Favell, 1987), and other forms of adverse childhood experiences (Centers for Disease Control and Prevention, 2022; Roche et al, 2019). Moreover, autistic children may be at an increased risk of these consequences because they are more likely to display problem behavior than are their neurotypical peers (Emerson et al, 2001; Feldman et al, 2000).…”