The Individuals With Disabilities Education Act: Clarifying the Relationship Between Free Appropriate Public Education and Least Restrictive Environment

Abstract

In 2025, the Individuals with Disabilities Education (IDEA) will have been the primary law driving the field of special education for 50 years. A contentious area of disagreement has been the relationship between two primary mandates of the law: the obligation of schools to provide a free appropriate public education (FAPE) to eligible students with disabilities and the obligation to place these students in the least restrictive environment (LRE) appropriate to each student’s individual needs. The conflict over LRE can be traced throughout the history of IDEA, in debates referenced as “mainstreaming,” “regular education initiative,” “inclusion,” and “full inclusion.” In this case, we draw on (a) Congressional intent as shown in the writings of a co-sponsor of the law, (b) the language of the law and regulations, (c) special education rulings of the U.S. Supreme Court and other U.S. Courts of Appeals addressing FAPE and LRE, and (d) policy guidance from the U.S. Department of Education. We argue that there is no basis for believing that FAPE and LRE are in conflict. Rather, the FAPE requirement of the IDEA is the primary obligation of school districts, and it sets the parameters for determining the LRE. To believe otherwise represents a fundamental misunderstanding of the law. We describe how for students eligible under the category of learning disabilities, this perceived conflict has been especially challenging. Historically, the IDEA has made a distinction between high-incidence disabilities, those that occur more frequently, and low-incidence disabilities, those that occur less frequently. At some point, these distinctions morphed into a belief that high-incidence disabilities required less-intensive interventions and were more suited to regular class placement than those students with low-incidence disabilities. This distinction is incorrect. For each student identified as eligible for special education services, the determination of LRE should be an individualized decision based on student needs and where those needs can be best met. This discussion is a critical one for students with learning disabilities and all students with disabilities who may require intensive individualized supports, regardless of prior conceptions of low- and high-disability categories.