According to the Special Education Rights and Responsibilities, Chapter Seven, Least Restrictive Environment (LRE) is a legal term interpreted to mean that young children with special needs are to be educated in settings as close as possible to a regular or general education environments. The federal law requires that students with disabilities receive their education, to the maximum extent appropriate, with non-disabled peers and that special education students are not removed from regular classes unless, even with supplemental aids and services, education in regular classes cannot be achieved satisfactorily. [20 United States Code (U.S.C.) Sec. 1412(a)(5)(A); 34 Code of Federal Regulations (C.F.R.) Sec. 300.114.]
In addition, Federal law provides that each local school district must ensure that to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. [20 U.S.C. Sec. 1412(a)(5)(A); 34 Code of Federal Regulations (C.F.R.) Sec. 300.114(a)(2); Cal. Ed. Code Sec. 56342(b).]
Furthermore, Congress has recognized that a state’s method of funding special education services can sometimes encourage districts to place students in specialized settings because of the potential to receive more money. Because of this danger, Congress requires states to develop policies and procedures to assure that their funding systems, if based on type of setting, do not violate the requirements of education in the least restrictive environment. [20 U.S.C. Sec.1412(a)(5)(B).]
The US Congress has specifically recognized the importance of education of special education students in regular classes and environments. The Congress requires that IEPs include a statement describing how the child’s disability affects her involvement and progress in the general curriculum and a statement of annual goals, including benchmarks or short-term objectives that are related to enabling the student to be involved and progress in the general curriculum.
The statement of services in the IEP must also include statements of:
- The supplemental aids and services to be provided for the student; and
- The program modifications and supports for school personnel to be provided for her to be involved, progress in the general curriculum, and participate in extracurricular and nonacademic activities.
California State law provides that:
Students with disabilities shall be offered “special assistance programs that promote maximum interaction with the general school population in a manner that is appropriate to the needs of both.” [Cal. Ed. Code Sec. 56001(g).] Special classes that serve students with similar and more intensive educational needs shall be available. The special classes may enroll the students only when the nature or severity of the disability…is such that education in the regular classes with the use of supplementary aids and services, including curriculum modification and behavioral support, cannot be achieved satisfactorily. These requirements also apply to separate schooling, or other removal of students with special needs from the regular educational environment.
Inclusion vs Least Restricted Environment
The terms inclusion and Least Restrictive Environment (LRE) are related but should not be used as synonyms. in short, LRE is a legal term interpreted to mean that young children with special needs are to be educated in settings as close as possible to a regular or general education environment. On the other hand inclusion refers to the integration of children with disabilities into natural settings or general education classrooms.
