Stephen B. Thomas

Least Restrictive Environment: Understanding the Direction of the Courts

A clear understanding of judicial opinions is essential to individuals responsible for providing children with disabilities with an appropriate program within a least restrictive environment (LRE). To assist in achieving this understanding, the purpose of this paper was twofold: (a) to identify and delineate the LRE standards established within federal circuit courts and (b) to create an alternative, more comprehensive, standard that reflects the explicit mandates of the Individuals with Disabilities Education Act of 1990. In addition to a current overview of LRE court decisions and specific legal issues, the similarities and differences of four standards are discussed.

Health-Care Services for Children with Disabilities Emerging Standards and Implications

Conflicting interpretations of federal statutes and regulations have emanated from federal and state courts regarding the provision of health-care services as required under the Individuals with Disabilities Education Act and section 504 of the Rehabilitation Act. As a result, educators and parents have been left in a quandary over the level and extent of health services that children with disabilities are entitled to receive. To help clarify related issues, this article provides an overview of relevant federal statutory, regulatory, and common law; examines the two primary standards applied by federal courts; and establishes a procedure that may be used to determine whether a specific form of requested health care qualifies as a health service to be provided by the local school district or a medical service to be provided by the parents or governmental agency.