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Because the law does not clearly state to what degree the least restrictive environment is, courts have had to interpret the LRE principle. In a landmark case interpreting IDEA's predecessor statute (EHA), Daniel R.R. v. State Board of Education (1989), it was determined that students with disabilities have a right to be included in both academic and extracurricular programs of general education.
An IEP must be designed to meet the unique educational needs of that child in the Least Restrictive Environment appropriate to the needs of that child. When a child qualifies for services, an IEP team is convened to design an education plan. In addition to the child's parents, the IEP team must include at least: [citation needed]
The Court ruled that it was a violation of the Americans with Disabilities Act of 1990 to keep an individual in a more restrictive inpatient setting, such as a hospital, when a more appropriate and less restrictive community service was available to the individual. [4]
The Supreme Court case, Olmstead v. L.C. (1999), found unnecessary institutionalization to be a violation of the civil right established by the Americans with Disabilities Act of 1990 that service be provided in the least restrictive environment.
Inclusion has different historical roots/background which may be integration of students with severe disabilities in the US (who may previously been excluded from schools or even lived in institutions) [7] [8] [9] or an inclusion model from Canada and the US (e.g., Syracuse University, New York) which is very popular with inclusion teachers who believe in participatory learning, cooperative ...
The least restrictive environment is defined as "educating students with disabilities to the maximum extent appropriate with students without disabilities. It specifies that transferring learners from the general education environment may occur only when the nature or severity of the student's disability precludes satisfactory instruction in ...
This theory includes "the dignity of risk", rather than an emphasis on "protection" [5] and is based upon the concept of integration in community life. The theory is one of the first to examine comprehensively both the individual and the service systems, similar to theories of human ecology which were competitive in the same period.
Students with disabilities should receive instruction in the "least restrictive environment" (LRE), ideally along with non-disabled peers where possible. [21] Congress funds up to 40% of excess costs of educating students with disabilities. [21] Public Law 94-142 has been amended and reauthorized several times since 1975.