Does Federal Law Require Inclusion?
Two federal laws govern education of children with disabilities. Neither requires inclusion, but both require that a significant effort be made to find an inclusive placement. IDEA The Individuals With Disabilities Education Act (IDEA), as amended in 1997, does not require inclusion. In fact the term “inclusion” does not appear in the text of the statute or the implementing regulations. Instead, the law requires that children with disabilities be educated “to the maximum extent appropriate” in the “least restrictive environment.” And the IDEA contemplates that the “least restrictive environment” is the regular education classroom. In developing the Individual Education Program (IEP) for a child with disabilities, the IDEA requires the IEP team to consider placement in the regular education classroom as the starting point in determining the appropriate placement for the child. If the IEP team determines that the “least restrictive environment” appropriate for a particular child is not t