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ERIC Number: ED406811
Record Type: Non-Journal
Publication Date: 1997-Mar
Pages: 24
Abstractor: N/A
Reference Count: N/A
What Should the "LRE" Standard Be?
Sohn, Heekwon
This conference paper analyzes the least restrictive environment (LRE) provisions in the Individuals with Disabilities Education Act (IDEA) and reviews and compares the standards created by different Federal Circuit Court decisions on LRE. The following cases are analyzed: (1) Briggs v. Board of Education, which deferred to the public agency's discretion regarding LRE; (2) Board of Education v. Rowley, which created a four-factor test on the appropriateness of delivering related services; (3) Daniel R. R. v. State Board of Education, which requires a court to examine whether a public agency has taken steps to accommodate the child with a disability in a regular education classroom and, if the public agency is providing supplementary aids and services, whether its efforts are sufficient; and (4) the Rachel Holland case, which created a four-factor balancing test. The result of this analysis finds that the most appropriate LRE standard is the standard created by the Daniel R. R. case because it permits judicial involvement in LRE decisions, distinguishes LRE decisions from free appropriate public education decisions, adheres faithfully to the language of the IDEA and its implementing regulations, and considers appropriate factors. (Contains 16 references.) (CR)
Publication Type: Reports - Evaluative; Speeches/Meeting Papers
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