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ERIC Number: ED374591
Record Type: Non-Journal
Publication Date: 1994-Apr
Pages: 37
Abstractor: N/A
Reference Count: N/A
ISBN: N/A
ISSN: N/A
Reflections on Reform: Inclusion from Congress to Courts to Classrooms.
Barnes, Sheila; Weiner, Charles
Because the Supreme Court has not interpreted a case pertaining to the least restrictive environment (LRE) mandate of the Individuals with Disabilities Education Act (IDEA), Supreme Court cases interpreting the Act's other requirements guide any analysis of LRE. In addition, federal appellate court decisions related specifically to LRE are considered persuasive in LRE litigation. The IDEA leaves decisions regarding what is a free appropriate public education up to the members of the multidisciplinary team and declines to require execution of services to a "maximum" standard. On the other hand, the IDEA requirements for LRE do require execution of LRE to the maximum extent. Issues in IDEA cases include the Act's preference for mainstreaming, placement of the burden of proof, and interpretation of least restrictive environment. Specific cases that have interpreted IDEA's least restrictive environment requirement include Daniel R. R. versus State Board of Education (1989); Greer versus Rome City School District (1991); Board of Education, Sacramento City Unified School District versus Holland (1992); and Oberti versus Board of Education (1993). In summary, the federal appellate courts have recognized the following factors when making placement decisions for a child with disabilities: educational and noneducational benefits, effects of the presence of the child on the regular class, the costs of supplementary aids and services, and the extent of the modifications necessary. (Contains 13 references.) (JDD)
Publication Type: Speeches/Meeting Papers; Information Analyses
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act