ERIC Number: EJ1013388
Record Type: Journal
Publication Date: 2013-Apr
Pages: 7
Abstractor: As Provided
ISBN: N/A
ISSN: ISSN-1471-3802
EISSN: N/A
Available Date: N/A
An Analysis of Legal Issues Relating to the Least Restrictive Environment Standards
Alquraini, Turki Abdullah
Journal of Research in Special Educational Needs, v13 n2 p152-158 Apr 2013
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. (Contains 1 footnote.)
Descriptors: Legal Problems, Federal Legislation, Educational Legislation, Mainstreaming, Disabilities, Inclusion, School Districts, Standards, Special Education, Educational History, Court Litigation
Wiley-Blackwell. 350 Main Street, Malden, MA 02148. Tel: 800-835-6770; Tel: 781-388-8598; Fax: 781-388-8232; e-mail: cs-journals@wiley.com; Web site: http://www.wiley.com/WileyCDA/
Publication Type: Journal Articles; Reports - Research
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Education for All Handicapped Children Act; Individuals with Disabilities Education Act; Individuals with Disabilities Education Improvement Act 2004
Grant or Contract Numbers: N/A
Author Affiliations: N/A