The Law and Special Education Chapter 11

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Mitchell Yell's book

mainstreaming, inclusion, and least restrictive environment are...

often used interchangeabley but are not synonymous terms

The IDEA imposes obligations on schools to consider placing students in general education classrooms with supplementary aids and services

before considering more restrictive alternatives.

The IDEA creates an absolute right for a student with disabilities to be educated in his or her

neighborhood schools

A school district may not refuse to place a student in the least restrictive environment

because it lacks appropriate placement options

When making the determination regarding the least restrictive environment, an IEP team can

use a student's effect on his or her peers in arriving at their determination.

The least restrictive environment is

not always the general education setting

The U.S. Supreme Court has not yet accepted a case

interpreting the LRE mandate.

The IDEA mandates that all educational facilities, including private schools,

implement the LRE regulations

Legislation and litigation regarding LRE and FAPE indicate that the school's primary obligation is to

provide a student in special education with a FAPE

An appropriate interpretation of the LRE litigation is that good-faith efforts

must be made to educate students with disabilities in integrated settings.

the continuum of placements in terms of the degree of restrictiveness of the setting are

1. regular classroom, 2. self-contained classroom, 3. special school, 4. hospital setting

In determining the LRE for a student, IEP teams should

a. provide support services to allow the student to remain in the general education classroom (e.g., management plans, paraprofessionals).
b. consider the entire continuum of placements in making the placement.
c. integrate students who are in more restrictive settings whenever possible, including nonacademic settings (e.g., physical education, lunch).

Although the results of LRE litigation vary, all the cases reviewed in the text (e.g., Roncker, Greer, Daniel R.R., Rachel H., Clyde K, Hartmann) have indicated that

mainstreaming is not required in every case

According to the two-part Daniel R.R. test, in judging a school's compliance with LRE, the court first must ask whether the child could be educated in the regular classroom with aids and services and if he or she cannot, the court must ask

if the student is placed in a more restrictive setting, is the student integrated to the maximum extent possible

What factors (from Rachel H.) was the most important to the court in the Clyde K. decision?

The effect of the student on the education of others

who makes the LRE determination

The IEP team

Every school district must have a total continuum of alternative placements available from which to choose the appropriate placement

is a misinterpretation of the concept of least restrictive environment

Mainstreaming or inclusion in the general education classroom, institution, Special Schools, and Self-contained or special classroom are all examples of

least restrictive environment for any special education student and should be based on individual needs

When determining the LRE for a student, IEP teams should

a. provide services to allow the student to remain in the regular classroom (e.g., supplementary aids and services).
b. consider the entire continuum of placement options when determining the student's placement.
c. include the student in integrated settings whenever possible (if the student is being placed in a more restrictive setting).

The less a placement resembles the general education environment

the more restrictive it is considered

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