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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 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.
Olmstead v. L.C., 527 U.S. 581 (1999), is a United States Supreme Court case regarding discrimination against people with mental disabilities. The Supreme Court held that under the Americans with Disabilities Act, individuals with mental disabilities have the right to live in the community rather than in institutions if, in the words of the opinion of the Court, "the State's treatment ...
The Education for All Handicapped Children Act (sometimes referred to using the acronyms EAHCA or EHA, or Public Law (PL) 94-142) was enacted by the United States Congress in 1975. This act required all public schools accepting federal funds to provide equal access to education and one free meal a day for children with physical and mental ...
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 ...
The treatment must take place in the least restrictive setting possible. This ruling has since been watered down through jurisprudence in some respects and strengthened in other respects. Long term "warehousing", through de-institutionalization, declined in the following years, though the number of people receiving involuntary treatment has ...
Preferably one of the medical assessors should have previous acquaintance with the person being assessed. Efforts should be made to seek less restrictive alternatives to detention if it is safe and appropriate to do so, such as using an individual's own support networks, in line with the principle of care in the least restrictive environment. [2]