The IDEA's Least Restrictive Environment Mandate: Legal Implications

Abstract

The Individuals with Disabilities Education Act (IDEA) states that students with disabilities are to be provided with a free appropriate public education in the least restrictive environment (LRE). During the early years of the IDEA, the courts generally deferred to school officials on LRE matters and ruled in favor of more restrictive placements. In some recent cases, however, courts have taken a more activist stance. These decisions may signal a new era in LRE case law. Nineteen years after the passage of P.L. 94–142, the courts may be growing impatient with school officials for not providing less restrictive environments for students with disabilities.