The document discusses the legal requirement that students with disabilities receive their education in the least restrictive environment possible. It outlines the case of a nonverbal student with multiple disabilities who uses an assistive communication device and receives various therapies. At her IEP meeting, her therapists and teacher argue she has the cognitive abilities to learn in a regular classroom setting with supports. The law requires students be educated alongside nondisabled peers whenever possible, though determining the least restrictive environment requires considering each student's individual needs and abilities.

1. Least Restrictive Environment
In 1975 Congress passed a Public Law Public Law 94-142(Education of All
Handicapped Children Act) which is now referred to as The IDEA (Individuals with
Disabilities Act). In order to receive Federal funding States must prove that they are
providing a free and appropriate Education for these students. IDEA became a law in
2004. The scenario that will be used in this article is a Special Education student in
New York City public school System. The student is 14 years old and she has been
diagnosed as Mentally Challenged and Multiply Handicapped. She is non verbal, but
uses a voice output communication device. She is able to communicate most wants
and needs by using her device. The device that she uses is a Dynavox. The Dynavox
is a very sophisticated device that can be programmed to be used in the classroom
across all curriculum environments.
The student’s mother and father feel that she is very high functioning and her
cognitive skills support her parent’s beliefs. The student’s parent’s request an
Educational conference to address her needs and her future. The attendees at the
conference will be The Special Education Coordinator, The Special Education
Classroom Teacher, The Speech Therapist, The Physical Therapist and Occupational
Therapist. The parents also have decided that they would like their family lawyer to
attend. The student also has to attend the conference, in the New York City Schools.
The Unit Coordinator is basically their as a community representative making sure
that all documents are signed at the meeting. The Coordinator will also make sure that
the flow of the meeting remains on topic. The day of the meeting all Attendees enter
the room and the IEP is presented (Individualized Education Plan). Each discipline
speaks about the student, The Speech Therapist “says that the student is able to use
the Dynavox to communicate in all settings”. “She uses the device in Science class,
math class, English Language Arts class, Social Studies in Adaptive physical
Education mainly for requesting”. The occupational therapist says that “the student is
able to use a pen but she needs a special attachment for the pen to move”. The

2. student has limited manual dexterity skills, but is able to write slowly by using the
mechanical pen attachment. The Physical therapist agrees that although her physical
skills are limited “she has the cognitive skills to learn how to work a power chair. The
classroom teacher states that “the Dynavox voice output device is used throughout the
day across all curriculum areas and that this student should move forward to a regular
classroom setting.
Research based on Least restrictive Environment.
Under Federal Law districts are required to provide a free and appropriate public
education (FAPE) Since the Public law of 1975 was passed schools have been
required to provide children with disabilities a Free and appropriate education in the
least restrictive environment (Department of Education Learning Supports).
Education in a least restrictive environment can be left to interpretation some people
feel that a Special Education Program with students that are mentally and physically
challenged should all be in Special Education classrooms on the first floor of a
building with an elevator to travel around the building. There are some people that
feel that these children can function in a regular classroom if the provisions are made
and the students have the cognitive abilities to function in a regular classroom. In the
1980’s and 1990’s The most important issue in special education was where students
with disabilities should be taught the schools and classrooms that they should attend,
was a priority over what they should be taught.There is no record of any leader in
special education ever saying that all students with disabilities should be taught in
separate schools and classrooms. Moreover these advocates urge that all students with
disabilities attend ordinary classrooms alongside nondisabled classmates for most or
all the school day (e.g., Lipsky& Gartner, 1997; Stainback& Stainback, 1991). The
opposing argument is that a full continuum of alternative placements ranging from
regular classrooms to resource classes, Special-contained classes, and special day or
residential schools and hospitals is necessary if every student with a disability is to
receive an appropriate education (e.g., Bateman,1996; Kauffman& Hallahan, 1993).
Determination of least restrictive environment must include consideration of a
student’s specific handicap.