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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 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 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.
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.
An IEP is designed to give students with disabilities individual goals that are often not on their grade level. An IEP is intended for "developing goals and objectives that correspond to the needs of the student, and ultimately choosing a placement in the least restrictive environment possible for the student."
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 ...
Some legal scholars consider this "least restrictive means" requirement part of being narrowly tailored, but the Court generally evaluates it separately. Legal scholars, including judges and professors, often say that strict scrutiny is "strict in theory, fatal in fact" since popular perception is that most laws subjected to the standard are ...