Placing Students with Disabilities in Inclusive Settings: Legal Guidelines and Preferred Practices

Abstract

Two federal laws have been extremely important in providing rules and regulations to guide the educational placement of students with disabilities. The Individuals With Disabilities Education Act (IDEA) created a detailed set of guidelines to ensure an appropriate education in the least restrictive setting for students who are eligible for special education programs. Section 504 of the Rehabilitation Act of 1973 also addressed the placement of students with disabilities (Rehabilitation Act, 1973). These laws provide guidance in determining the appropriate placement of students; nevertheless, what constitutes an appropriate placement for an individual student has often proven to be a very difficult issue for school districts. The purpose of this article is to clarify some of the confusion and controversy surounding the placement of students with disabilities by examining its basis in the IDEA and Section 504, and subsequent legal interpretations by the U.S. Department of Education and in courts across the United States. Based on these considerations, the authors propose recommendations to assist school officials to meet the placement requirements of IDEA and Section 504 in a legally correct and educationally appropriate manner.

Keywords:

• FAPE
• IDEA
• IEP
• LRE
• student placement