Allan G. Osborne

The IDEA's Least Restrictive Environment Mandate: Legal Implications:

The Individuals with Disabilities Education Act (IDEA) states that students with disabilities are to be provided with a free appropriate public education in the least restrictive environment (LRE). During the early years of the IDEA, the courts generally deferred to school officials on LRE matters and ruled in favor of more restrictive placements. In some recent cases, however, courts have taken a more activist stance. These decisions may signal a new era in LRE case law. Nineteen years after the passage of P.L. 94–142, the courts may be growing impatient with school officials for not providing less restrictive environments for students with disabilities.

Legal Considerations in Providing Special Education Services in Parochial Schools

The Individuals with Disabilities Education Act (IDEA) requires public school districts to provide special education and related services to students with disabilities enrolled in private schools. When the private school is a parochial school this issue may be complicated because of the First Amendments separation of church and state doctrine. Until recently, providing most on-site special education services was prohibited. A recent U.S. Supreme Court decision lifted the ban, and the 1997 amendments to IDEA have helped to clarify a school districts obligation for providing services to parochial school students. In this article the authors summarize and analyze the major court decisions concerned with the provision of special education and related services to parochial school students and discuss their implications for providing on-site special education services at parochial schools. In particular, two questions are addressed: Must private school students with disabilities be provided with the same level of services as their public school peers? Are school districts required to provide parochial school students with on-site special education services?

State Aid to Religiously Affiliated, Non-Public Schools: An Emerging Trend or Same Old Same Old?

This article reviews judicial attitudes with regard to the constitutionality of aid for children in religiously affiliated non-public schools. The first part highlights the extent to which the Supreme Court appears to have turned the corner in its willingness to examine the effective use of resources in regular education rather than just the acceptability of aid. The second section reviews how Congressional and regulatory activities have contributed to lower court decisions that continue to focus on the narrow issues of how much money can be spent and the appropriate locations for the delivery of services to children who attend religiously affiliated non-public schools rather than the quality of education that they may be eligible to receive. Given the distinctions between the ways in which children in religiously affiliated non-public schools are treated based on whether they have disabilities, this article examines recent legal trends in considering whether there will be a new era in providing children ...