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LRE in Education

Assigning students to the Least Restrictive Environment for their tested placement is a right that continued to be protected by the ADA. In the education system, LRE is assessed through a student evaluation for proper placement. The LRE requirement (IDEA 2004, §§300.114–§§300.117) forms the legal basis of inclusive education for these children once inside public education. The normative guidance of the LRE requirement is well described in IDEA (2004, Section 34 C.F.R. § 300.114(a)(2)(i)): ‘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 nondisabled’. LRE in education ensures a student will be placed in an enriching environment concerning their physical or intellectual needs. Assessments must moderate a student's capability-based needs and be able to appropriately measure needs for a student to continue to be involved in an active environment. The capabilities-based measures of well-being enable advocates for inclusive education for children with disabilities to produce more favorable analyses of the relationships between commodities and capabilities. According to Sen (1992), who pioneered the capabilities approach, the primary concern of the capabilities approach is a person’s quality of life concerning functionings – what a person is able to be and able to do – and capability – the set of valuable functionings to which a person has real or effective access. Sen (1992, 1999) argues that evaluating one’s quality of life is determined by her/his capabilities set such that it is necessary to operate the effective freedom for choosing between different functioning combinations (or different kinds of life) and to enable the person to live a life that she/he has reason to value.