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Wednesday, February 13, 2013

The Idea's Least Restrictive Environment Mandate:

The IDEAs least restrictive environment mandate: legal implications

by exclusivelyan G. Osborne Jr. , Philip Dimattia
The Individuals with Disabilities Education Act (IDEA; originally the Education for All Handicapped Children Act, Public Law 94-142, 1975) requires school districts to educate students with disabilities in the least restrictive environment (LRE). The Act explicitly states that the LRE formulation applies across the continuum of placement alternatives. Specifically, the IDEA requires states to establish procedures assuring that students with disabilities argon educated to the maximum extent appropriate with students without disabilities. Further, the use of surplus classes and separate facilities or other removal from the prevalent fostering environment whitethorn occur only when the nature or severity of the students disability precludes satisfactory instruction in general education classes, even with supplementary aids and services. IDEAs LRE provisions confine to students in private schools, institutions, or other care facilities, not just students in earthly concern schools (IDEA, [section] 1412(5)(B)). The LRE provision has been cited frequently by courts in decisions regarding the provision of a free appropriate macrocosm education (FAPE) for students with disabilities (Dubow, 1989).

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Full integration of students with distasteful disabilities has not been recognise in most school districts (Danielson & Bellamy, 1989; York & Vandercook, 1990). One reason for this whitethorn be that general education programs in numerous of our public schools are not set up so that students with severe disabilities can derive benefit from them. Classroom teachers in many school districts gain not been properly trained to pop the question meaningful instruction to students with a variety of disabilities. Baker and Zigmond (1990) have suggested that fundamental changes in the way that classrooms are organized may be needed before inclusive education testament work.
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