IDEA (Individuals with Disabilities Education Act) and Inclusion - Part II

Does IDEA (Individuals with Disabilities Education Act) include a legal mandate of inclusion for students with disabilities? IDEA and section 504 of the 1973 Rehabilitation Act are the two federal mandates that provide legal direction in the education of students with disabilities. Although neither law includes a specific requirement dictating inclusion in regular education classrooms, the LRE (Least Restrictive Environment) placement in both assumes a regular mainstream classroom placement for students in special education classifications.

• The legal mandates around IDEA and the 504 Act require that students with disabilities be placed in an appropriate learning environment that best fits their individual educational needs. For example, a student in an EBD (Emotionally/Behaviorally Disabled) classroom who receives an integrated academic program within a structured learning environment that includes a behavioral management program, may not find a “least restrictive environment” in a regular education chemistry classroom. The structured nature of a chemistry classroom where performance based assessment and active learning engagement are the norm may not be the best placement for an EBD classified student with severe behavioral disabilities and attention deficit issues.
• The educational placement intent of IDEA and 504 requires that school communities seek an inclusive education for students with disabilities, but only if that inclusion meets the IEP (Individualized Education Program) and learning needs of the individual student. In many classrooms, inclusion is multi-faceted and multi-leveled for many special education students. Inclusion ranges from total inclusion in regular education classes with tutorial or Instructional Assistant and Special Education teacher support and assistant within the class, to partial inclusion in some classes like PE (Physical Education), elective classes (Art/Drama) or occupational classes (Technology).

Inclusion in regular education classes for students with disabilities is driven by the student’s IEP needs. The intent of IDEA and 504 is to provide educational placements in regular education classrooms while meeting the individualized learning needs of each student. By creating inclusion in a regular education learning environment that addresses the academic, social and behavioral needs of students with disabilities, inclusion becomes the norm in the “least restrictive environment” placement.