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LRE

Legal Issue Paper


Heather Kay
Minnesota State Mankato
Legal Issues in Administration 665

The Individuals with Disabilities Education Act (IDEA) is the most recent version of a
series of legislation which was written to ensure all students received a Free and Appropriate
Public Education regardless of their disabilities. The latest amendments were written in
December of 2004. One specific aspect of this law focuses on the setting where students with

LRE

disabilities receive their education which has been an area of constant debate and change. The
section regarding Least Restrictive Environment (LRE) currently reads,
...to the maximum extent appropriate, children with disabilities including children in
public or private institutions or care facilities, are educated with children who are
nondisabled; and special classes, separate schooling or other removal of children with
disabilities from regular educational environment occurs only if the nature or severity of
the disability is such that education in regular classes with the use of supplementary aids
and services cannot be achieved satisfactorily" (Minn. Stat. 125A.08(a)(5).)
SUMMARY OF LEGISLATION
The Minnesota Department of Education has compiled legislation and policy together in
their due process manual regarding LRE. In it, it clarifies that any removal of a student from
regular education occurs only if the nature or severity of the disability does not allow education
to be achieved satisfactorily even with the use of supplementary aids and services. It goes on to
say the placement decision is made by the entire Individual Education Plan (IEP) team (including
parents) and the student should not be removed from a mainstream classroom solely because of
needed modifications in the general education setting. A district cannot use the lack of resources
as an excuse to pull a student out of mainstream and they are encouraged to look at innovative
approaches to address resource availability. Though districts are required to have a continuum of
services, including separate classrooms and facilities, it is important to use them only when
necessary. Whatever the team decides, there must be a section in the IEP which states to what
extent the student is not participating with non disabled peers and the reasoning behind the
decision.
Importance / Significance

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There has been much research on the topic of inclusion, though people often argue it is
qualitative and open for interpretation by the subjects. One such study interviewed parents and
teachers of students who were part of an inclusion early childhood class. They were asked to
agree or disagree with statements regarding their students experience in an attempt to make
conclusions about the specific nature of benefits from an inclusion experience. Some of the
highest rated statements for both teachers and students were Nonhandicapped children are
more aware of other childrens needs, had a positive experience in a program with children who
have handicaps, have learned to be more accepting of human differences, and are less likely to
feel uncomfortable around people with disabilities, (Peck, Carlson & Helmestetter, p. 59).
Though this research did not show any academic benefit, it indicates a very positive experience
where typically developing students can learn compassion and care of students who are different
from them. In addition, Peter and Pamela Wright site a Federally-funded research project which
indicate achievement test performance among classmates of students with significant disabilities
were equivalent or better than a comparison group, (wrigthslaw.com).
Considering the research shows us mainstreaming is beneficial to all students, the
overuse of restricted settings is concerning, but even more so, is the fact that they are used
disproportionately more for Black and Brown students. The Encyclopedia of Cross-Cultural
Psychology defines Disproportionality in Special Education. African American and Indigenous
students are overrepresented in Special Education, especially in the areas of
Emotional/Behavioral Disorders, Developmental and Cognitive Delays, and Learning
Disabilities. They are also more likely than White students to be excluded from the general
education classroom, which is where LRE becomes important. The author attributes this
seclusion of students to culture and associated biases that influence how teachers view and

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respond to the behavior of ethnic minority youths (Clauss-Ehlers, p. 384). These particular
special education labels, and the decision to pull a student out of mainstream, are fairly
subjective and, unfortunately leave room for personal biases, whether intentional or not, to come
into play. Clauss-Ehlers continues,
"Concern with overrepresentation might be mitigated if it were the case that students
benefited from identification and were targeted for special services that improved their
ability to successfully master the school curriculum. Instead racial/ethnic minorities
identified as eligible for special education, particularly African Americans, are excluded
from regular education classes and more likely to be placed in restrictive settings, receive
inferior or inappropriate services, or fail to receive timely help at all" (p. 383).
Stakeholders Perspectives
The impact of LRE is not limited to special education teachers and their students.
Because the law states these students should be educated with their nondisabled peers as much as
possible, it affects all students, all teachers, and all administrators. Students with disabilities
stand to gain social and academic skills which would be difficult to learn in a secluded setting.
In addition, it has been found that students without disabilities also benefit when they develop
more positive attitudes towards peers with disabilities as well as improve their own self concept,
social skills and problem solving skills. There is a huge impact on mainstream teachers as they
prepare their classroom and lessons for students with significant disabilities. They will have to
differentiate as well as provide modifications and accommodations which are on the IEP. Many
strategies they may use for their special needs students, however, will benefit all students. The
Special Education teachers jobs may differ significantly as well, as they shift to co-teaching

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roles or push in models. Collaboration between the Special and General Education teacher
becomes so important as they work together to provide the best education possible.
Administrators at the building and district level hold a large stake in the LRE process.
They will have to make staffing and budget decisions based on the needs of their students as well
as make sure their teachers are following the law and providing the needed services. All districts
are required to have a continuum of services and it will be administration's job to plan out what
that will look like and how they will best serve everyone, as well as provide resources. Parents
of disabled and nondisabled students often stand on opposite sides of the debate. Though parents
want their children to interact with and have the same opportunities as those in general
education, they often worry about bullying or their child feeling different and left out. Parents of
the general education students often voice disapproval due to the concern their child will lose
instruction time when the teacher is spending extra time with the Special Education students.
Research, however, has shown that parents of all children find benefit when they have experience
with an inclusion classroom. Finally, the community members and employers are affected as
students with significant disabilities enter the workforce and adulthood. Students who are
successful in K-12 education are more likely to be contributing citizens and will cost the
taxpayers less money in the end. Employers benefit when these students leave high school with
not only the work skills needed but also social skills, problem solving skills, and compassion.
Impact of Case Law on LRE
The courts have had to make rulings on LRE environment cases over the years and there
have been precedents set and criteria laid out. The Supreme Court made its first ruling in 1982
in Rowley vs. Board of Education in Hendricks Hudson School District. They decided the IEP
written by the school must be reasonable and enable the child to receive educational benefits.

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However, they did say schools were not required to provide every possible service to each
student as we are to assess and give access to general education, not necessarily maximize
potential. A second big case took place in the Court of Appeals 5th Circuit. In Daniel R.R. vs
State Board of Education in El Paso, the court developed criteria for deciding if a student is in
the Least Restrictive Environment. First, can education in the regular setting with aids and
services be achieved satisfactorily? Second, if not, are they mainstreamed to the maximum
extent possible? In deciding the answer to the first question, the court again developed a set of
criteria. They take into account the steps taken by the school to accommodate the child and what
the continuum of services looks like. Next a comparison is made between the benefits of
mainstream vs. special education in academic areas as well as other skills. Finally, consideration
is given to the effect the student with disability has on the general education students. Other
important cases made it clear the parents can be reimbursed for private services and schooling if
the public school does not place student in their LRE. The IEP needs to be written in a way that
promotes significant learning and meaningful benefit.
Conclusion
The law states that all students, regardless of disability, should be educated in the Least
Restrictive Environment. The research shows most students benefit from an inclusion classroom
socially, and academics do not suffer, nor does the teacher time spent with typically developing
students. Courts expect schools to create IEPs and programs for students which give them access
to the general curriculum and make every effort to support them in the general classroom. So
why are we continuing to pull students out and place them in setting three classrooms or separate
facilities? Why are we doing this at a higher rate for our Black and Brown students? Why do we
continue to make mainstream classrooms the reward instead of the expected? These are

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questions I ask daily as we fight to put students back in the mainstream classroom where they
belong, proving they can rise above the label and be successful even when there are so many
cards stacked against them and teachers who refuse to raise their expectations of them.

References

Clauss-Ehlers, Carolne S. (210). Disproportionality in Special Education. Encyclopedia


of Cross-Cultural School Psychology. (pp 382-385). SpringerLink ebooks. Retrieved from
http://download.springer.com.ezproxy.mnsu.edu/static/pdf/999/prt%253A978-0-387-717999%252F5.pdf?auth66=1416282756_8e2cb7941536cb8a2ff528bcd40e4857&ext=.pdf
Compliance and Assistance. (2014). Retrieved November 9, 2014, from
http://education.state.mn.us/MDE/SchSup/ComplAssist/
Daniel R.R. vs. State Board of Education, 874 F.2d 1036 5th Circuit, 1989
Peck, Charles A., Carlson, Patricia, and Helmstetter, Edwin (1992). Parent and Teacher
Perceptions of Outcomes for Typically Developing Children Enrolled in Integrated Early

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Childhood Programs: A Statewide Survey. Journal of Early Intervention, 16(1). Retrieved from
http://jei.sagepub.com/content/16/1/53.
Rowley vs. Board of Education of Hendrick Hudson School District, 458 US 176, 1982
Wright, P., & Wright, P. (1998-2014). Wrightslaw Special Education Law and Advocacy.
Retrieved November 6, 2014, from http://wrightslaw.com/

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