The Individuals with Disabilities Education Act (IDEA) institutionalized the concept of the least restrictive environment (LRE) in special education, requiring schools to provide free, appropriate public education (FAPE) to students with special needs. Under this law, students with special needs have the right to free public education in the most appropriate and least restrictive setting.
LRE definition and exemptions
Under the law, LRE is not a rigid mandate but a conditional requirement that schools and the Individualized Education Program (IEP) team must evaluate and decide on based on the child’s specific needs. The statute specifically states that the school can apply LRE to the “maximum extent appropriate” and may restrict them “only when the child’s disability prevents satisfactory education.”
LRE is not an either-or placement but a graded setting adjusted individually for each child. Schools cannot refuse to educate your child. The law still requires them to provide your child with alternative placements. Whether that is in general education or different placement levels will be up to the IEP team to decide.
Specific exemptions
Specific instances when it may not be possible to provide your child with LRE include:
- Disruptive behavior: If your child significantly disrupts other students’ learning environment despite reasonable accommodations provided to them.
- Safety concerns: If your child poses a danger to themselves or others.
- Lack of progress: If your child is not making adequate progress in his or her current educational setting, the school must consider a continuum of placement options.
To be clear, IDEA requires the school to make the maximum effort to provide LRE before considering other restrictive options. They must also provide the necessary aids and services before deciding that LRE is inadequate.
Advocating for your child
If you believe the school did not give your child due process in deciding their placement levels, or if you think the school has not explored all viable options to minimize your child’s restrictive environment, you may consider seeking legal counsel for advice.