Journal of Deaf Studies and Deaf Education 7:3 2002
© 2002 Oxford University Press
Theory/Review Articles |
Least Restrictive Environment and the Courts
National Technical Institute for the Deaf, Rochester Institute of Technology
This article provides a description and an analysis of how the U.S. federal courts have interpreted the least restrictive environment (LRE) clause in the Individuals with Disabilities Education Act (IDEA) since passage of the act by Congress in 1975. It begins with a brief highlighting of critical events in the evolution of the LRE concept in the political environment, particularly the impact of the clause on the educational placement of deaf children. The central roles within the IDEA of due process and parental involvement in educational decision making are then described. The article then charts the early (i.e., during the eighties and early nineties) evolution of judicial interpretation of LRE, before moving on to a review of cases involving the educational placement of deaf children where LRE has been a central issue. The first set of cases reviewed was all decided at the federal appeals court level, the second set at federal district court level. The article concludes with a comment regarding the prospects for a more balanced approach to educational placement for deaf youngsters.
In addition to serving as chair of the English Department at the National Technical Institute for the Deaf in Rochester, New York, the author is an Impartial Hearing Officer for the State of New York and has adjudicated some 30 special education hearings brought under the provisions of the Individuals with Disabilities Education Act, the controlling special education law of the United States of America. Correspondence should be sent to Stephen Aldersley, English Department, National Technical Institute for the Deaf, Rochester Institute of Technology, 1 Lomb Memorial Drive, Rochester, NY 14623 (e-mail: SFANCE{at}rit.edu).
Received August 21, 2001; revised September 18, 2001; accepted September 19, 2001
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