ERIC Number: ED386005
Record Type: RIE
Publication Date: 1995-Apr
Least Restrictive Environment and Case Law: What the Courts Are Saying about Inclusion.
Gruenhagen, Kathleen A.; Ross, G. Steve
Recent court cases which have rendered decisions as to what constitutes the least restrictive environment (LRE) for students with disabilities are discussed. Six cases, decided between 1989 and 1994, are considered, half of which were decided in favor of the parents in their quest for a less restrictive setting for their child, while the other half were won by the school districts in their petition for a more restrictive setting. The cases include: Daniel R.R. v. State Board of Education, (Christy) Greer v. Rome City School District, (Rafael) Oberti v. the Board of Education of the Borough of Clementon School District, Sacramento City Unified School District Board of Education v. Rachel Holland, Clyde K. v. Puyallup School District, and (Gregory) Urban v. Jefferson County School District. It is concluded that in the future some sort of a test will be employed to determine whether a student has been placed in the LRE. Factors that might be included in such a test are: use of supplementary aids and services, educational and noneducational benefits, effect of the child upon others, cost, and whether the student has been mainstreamed to the maximum extent possible when segregated placement is used. It also appears that when the child is young and intellectually disabled, the courts will favor regular class placement. On the other hand, older children, especially those with behavioral disorders, will be more likely removed from the mainstream. (SW)
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual International Convention of the Council for Exceptional Children (73rd, Indianapolis, IN, April 5-9, 1995).