The law that requires a child to be taught in the Least Restrictive Environment (LRE) is part of IDEA, the Individuals with Disabilities Education Improvement Act, that was passed in 1975 and then reauthorized in 2004.
This does not mean that every child will automatically be placed in a “normal” classroom. It means that students are placed in the least restrictive classroom in which their needs can be met. Sometimes these placements are in a general education classroom without any supports. Sometimes students need a one-on-one aide or paraprofessional. Sometimes they have some instruction in the general education classroom and have some time pulled out to work in a special education setting. But school districts need to provide a continuum of services to meet the needs of all learners.
IDEA also stipulates that a child cannot be placed into a more restrictive or segregated classroom based on their diagnosis alone. All too often, school districts will tell parents that this classroom is where our students with Down syndrome go or that classroom is for students with vision impairments.
That’s a big no-no in the eyes of the law. Students must be placed based upon their own unique set of needs and abilities.
While schools may try it, they are also prohibited from refusing to provide services based on cost. In a nutshell, this means that if the appropriate LRE for your child is in a general education classroom with an aide, they cannot deny that placement by saying that they can’t afford to hire an aide.
It’s also important to remind yourself, your schools, and your community as a whole that when done correctly, inclusive education is more cost effective than educating students in a segregated setting.
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