LRE re-examined: misinterpretations and unintended consequences

Abstract

The least restrictive environment (LRE) requirement has been one of the major pillars of special education law in the USA since its enactment in 1975 and has proven to be one of the most contentious principles. Absent a decision by the US Supreme Court or further clarification in the wording of the law itself, it is likely that the debate will continue. This discussion is particularly important because misapplication of the LRE principle can result in a violation of civil rights and deprive children of a free appropriate public education. A review of the historical background of LRE, the Individuals with Disabilities Education Act and relevant court cases supports the contention that the general education setting is the LRE for every child but not necessarily the appropriate placement for all children.

Keywords:

• least restrictive environment
• inclusion
• individualised education programme
• continuum of alternative placements
• special education
• Individuals with Disabilities Education Act