20 terms

The Law and Special Education Chapter 11

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