ERIC Number: ED469442
Record Type: Non-Journal
Publication Date: 2002-Aug
Reference Count: N/A
The Least Restrictive Environment Mandate: How Has It Been Defined by the Courts? ERIC Digest.
Douvanis, Gus; Hulsey, David
This digest examines how the concepts of least restrictive environment, mainstreaming, and inclusion have been developed by Congress and the courts. An introductory discussion of the Individuals with Disabilities Education Act (IDEA) notes that Congress did not define the concept of least restrictive environment, but left it to the courts to shape a definition. A court definition of mainstreaming is provided. The paper then presents brief abstracts of Circuit Court cases that have helped to shape these concepts. The court cases are: Roncker v. Walter, (1983); Daniel R.R. v. State Board of Education (1989); Greer v. Rome (1991); Oberti v. Clementon (1993); Sacramento v. Rachel H. (1994); Light v. Parkway (1994); Clyde K. v. Puyallup (1997); Hartmann v. Loudoun (1997); Hudson v. Bloomfield Hills (1997); and Doe v. Arlington County (1999). Each case is referenced to the Federal Reporter or the Federal Supplement. (DB)
Descriptors: Compliance (Legal), Court Litigation, Definitions, Disabilities, Educational Legislation, Elementary Secondary Education, Federal Legislation, Inclusive Schools, Mainstreaming
ERIC Clearinghouse on Disabilities and Gifted Education, Council for Exceptional Children, 1110 North Glebe Rd., Arlington, VA 22201-5709. Tel: 800-328-0272 (Toll Free); Fax: 703-620-2521; e-mail: firstname.lastname@example.org; Web site: http://www.ericec.org. For full text: http://ericec.org/digests/prodfly.html.
Publication Type: ERIC Publications; ERIC Digests in Full Text
Education Level: N/A
Sponsor: Office of Educational Research and Improvement (ED), Washington, DC.
Authoring Institution: ERIC Clearinghouse on Disabilities and Gifted Education, Arlington, VA.
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act