The Individuals with Disabilities Education Act (IDEA) mandates that students with disabilities should be educated in the least restrictive environment (LRE) to the maximum extent appropriate. Restrictiveness refers to the degree that students are educated in separate environments that they would not if they did not have a disability. However, IDEA does not require inclusion, but mandates that a continuum of placement options—including inclusive classrooms, special classes, and special schools—be available, with the recognition that some students with disabilities require a more restrictive setting to receive an appropriate education. In determining placements, IDEA requires that FAPE take precedence over LRE. That is, inclusive placements are only justified when they result in an appropriate education. When making placement decisions, courts have relied on such factors as educational and non-educational benefits, effect on other students and teacher, and cost. LRE is a critical element of providing FAPE and is related to the IEP (placement is determined by the IEP team and specified on the IEP), assessment (placement decisions are based, in part, on assessment data), and disciplinary procedures (which can change a student’s placement).
