46) Early cases quickly honed in on the parental reimbursement remedy and interpreted the IDEA as containing a loophole: requiring education in the least restrictive environment
but allowing placement in a setting that is not the least restrictive environment
a student needs.
These results join previous research in demonstrating the underrepresentation of African American special education students in least restrictive environment
(LRE) settings, and overrepresentation in more restrictive classroom settings.
If students are to receive the best services according to practices under IDEA, then the students with special needs must receive the most appropriate education in the least restrictive environment
Defining the Law: Least Restrictive Environment
and Minimum Standards of Education
Taylor, "Caught in the Continuum: A Critical Analysis of the Principle of the Least Restrictive Environment
," Journal of the Association for Persons with Severe Handicaps, Spring 1988, pp.
94-142 or EHA) requires that a free and appropriate education and related services be provided in the least restrictive environment
(LRE) and that an individualized plan (the IEP) be written for each student.
40) An appropriate education must include an individual educational plan developed by the child's parents, teachers, and school administrators,(41) and that education must take place in the least restrictive environment
, with the child preferably being mainstreamed.
an effect of the least restrictive environment
requirements of PL 94-142.
Terms used in Public Law 94-142 like mainstreaming, deinstitutionalization, the individual education loan, and least restrictive environment
paralleled existing legislation of states like New Jersey.
Our goal is to minimize time in the hospital and keep patients in the least restrictive environment
that will help foster their recovery," said Codey.
The contract termination is in line with the Mental Health Care Act no 17 of 2002, which encourages mental health care practitioners to treat mental health care users in the least restrictive environment
, as reflected in Chapter two subsection 6(8)(1)(2): Persons providing care treatment and rehabilitation service must provide such services in a manner that facilitates community care of mental health care users, human dignity and privacy of every mental health care user must be respected, every mental health care user to develop to full potential and be integrated to the community.
This educational placement decision can be directly attributed to the interpretation of PL 101-476, The Individuals with Disabilities Education Act (IDEA) of 1990, which reinforced an earlier federal mandate, PL 94-142, The Education for All Handicapped Children Act of 1975 that stated: the child who has a disability will be educated in the most appropriate and least restrictive environment
, and that this environment will lead to socialization of the child with his/her non-disabled peers.