The Inclusion Controversy

Abstract

Neither P.L. 94-142 nor its amendments, the Individuals With Disabilities Education Act (IDEA) of 1990, refers to the terms “inclusion” or “mainstreaming,” addressing only the issue of placement in the “least restrictive environment” (LRE) for students with disabilities. Beginning in 1989, the federal courts began to address the issue of the inclusion of students with disabilities into the regular education classroom as a method for meeting the least restrictive environment mandate of federal legislation. As a result, functional definitions of LRE and its impact on the issue of inclusion have emerged in case law decisions during the decade. These decisions have provided educators and administrators with guidelines concerning appropriate placements, use of records from other school districts for program and placement decisions, and types of required documentation. As litigation concerning inclusion increases, it is imperative that educators be aware of and understand the implications of these legal decisions. We review federal and circuit court cases related to the issue of inclusion and interpret the impact these decisions are having on the special education process as well as the effect this controversy and subsequent legal decisions are having on the educators who are involved.

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