LRE, Student Rights, and Non-Academic Activities
- Sam Shepherd
- Jun 1
- 3 min read
Every student has the right to be in the least restrictive environment, or LRE, which is to have students with disabilities in the same classroom or environment as the students without disabilities as much as possible, as students should be in general education classes with their non-disabled peers as often as possible and fully integrated into student activities [1]. LRE has been under federal law since 1975 and still stands under the Individuals with Disabilities Education Act (IDEA) and is included in 20 U.S. Code § 1412 - State eligibility as follows [2,3]:
(5) Least restrictive environment
(A) In general
To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
(B) Additional requirement
(i) In general
If the State uses a funding mechanism by which the State distributes State funds on the basis of the type of setting in which a child is served, the funding mechanism does not result in placements that violate the requirements of subparagraph (A).
(ii) Assurance
If the State does not have policies and procedures to ensure compliance with clause (i), the State shall provide the Secretary an assurance that it will revise the funding mechanism as soon as feasible to ensure that such mechanism does not result in such placements.
The “environment” is not a specific location, but the concept of providing students the services and accommodations needed to progress towards IEP goals, participate in extracurricular and nonacademic activities, and to be as integrated with non-disability students as often as possible [4]. The LRE for each student is considered by using the Rachel H. Factors, which are the following four factors as quoted below [5]:
Educational benefits available to the student with a disability in a regular classroom, supplemented with appropriate aids and services, as compared with educational benefits of a special education classroom;
Non Academic benefits of interaction with children who are not disabled;
Effect on the teacher and the other students in the classroom of the presence of the student with disabilities in terms of disruptive behavior and/or undue consumption of the teacher’s time;
Cost of mainstreaming a student with disabilities in a regular education classroom as compared to the cost of placement of the student in a special education classroom.
In addition, LRE goes beyond the classroom, as every student has the right to attend non-academic activities under Section 504 of the Rehabilitation Act of 1973 [6].
Individualized Education Plans (IEPs) can also include student involvement, such as specific activities that the student wants to participate in. There also may be additional assistive technology or accommodation needs that must be addressed by the student’s IEP team. If a student’s accommodations for participating in extracurricular activities that’re included in their IEP are not being met, that is a violation of their Free and Appropriate Public Education (FAPE). If your child is not being properly placed in the least restrictive environment (LRE), including in the classroom and/or extracurricular activities, there are ways to dispute an IEP.
Sources
[1] Morin, Amanda. “What Is Least Restrictive Environment (LRE)?” Understood, www.understood.org/en/articles/least-restrictive-environment-lre-what-you-need-to-know. Accessed 29 May 2025.
[2] Graham, Edward. “Maximizing Student Success with Least Restrictive Environments and Appropriate Models of Inclusion.” NEA, 12 May 2022, www.nea.org/nea-today/all-news-articles/maximizing-student-success-least-restrictive-environments-and-appropriate-models-inclusion.
[3] United States, Congress, 20 - Education . Vol. 1, 2000. Https://Uscode.House.Gov/View.Xhtml?Req=granuleid:USC-1999-Title20-Section1412&num=0&edition=1999#:~:text=To%20the%20maximum%20extent%20appropriate,From%20the%20regular%20educational%20environment Congress.
[4] Least Restrictive Environment (LRE), iris.peabody.vanderbilt.edu/wp-content/uploads/pdf_info_briefs/IRIS_least_restrictive_environment_info_brief.pdf. Accessed 30 May 2025.
[5] “(7.4) What Factors May Be Important in Determining Whether My Child Is Being Educated to the Maximum Extent Appropriate with Her Non-Disabled Peers?” SERR, serr.disabilityrightsca.org/serr-manual/chapter-7-information-on-least-restrictive-environment/7-4-what-factors-may-be-important-in-determining-whether-my-child-is-being-educated-to-the-maximum-extent-appropriate-with-her-non-disabled-peers/. Accessed 29 May 2025.
[6] “The Civil Rights of Students with Hidden Disabilities and Section 504.” U.S. Department of Education, www.ed.gov/laws-and-policy/individuals-disabilities/section-504/hidden-disabilities. Accessed 29 May 2025.
