PAST ARTICLES AND EDITORIAL BOARDS

Missing the "IDEA": New York's Segregated Special Education System
Joseph A. Patella
4 J.L. & Pol'y 239 (1995)
More than forty years after Brown v. Board of Education, a variation on the issue of segregation within the schools has emerged in New York in light of the federal entitlements under the Individuals with Disabilities Education Act ("IDEA"). The IDEA's purpose is to assure that all children with disabilities have access to a "free appropriate public education." To qualify for federal financial assistance, states must ensure that school districts educate children with disabilities in the least restrictive environment ("LRE"). The LRE requirement means that children with disabilities must be educated with non-disabled children "to the maximum extent appropriate."

Recent federal court decisions emphasize the states' obligation to meet the LRE requirement and highlight exactly what states must do to comply. New York State, however, continues to ignore its responsibility to meet the LRE requirement. For example, only seven percent of New York's special education students are placed full-time in regular classes. Furthermore, once school districts place special education students in restrictive environments, they remain there with little chance of developing academically or returning to regular education classrooms.

This Note is divided into four parts. Part I examines the LRE requirement. Specifically, this section discusses relevant federal court decisions that establish the legal standards for determining compliance with the LRE requirement. Part II provides a detailed analysis of New York's performance in complying with the LRE requirement by reviewing federal monitoring reports and studies conducted by local legal agencies. Part III highlights recent attempts by parents to ensure compliance with the IDEA's LRE requirement, and part IV offers recommendations on how New York State can effectively address the legal and educational rights of children with disabilities.