Each student’s IEP program/placement decision is based on the mandates for an “appropriate education” in the “least restrictive environment” (LRE).
 
General IEP Team Program/Placement Considerations:

• The appropriateness of placement in the general education classroom is not dependent on the student's ability to learn the same things that other students learn in the general education classroom. The benefit from social interaction of the student with non-disabled peers is a legitimate benefit that can be derived from placement in the general education classroom;
• Each placement option is examined not only as it currently exists, but also as it might be modified;
• Each educational placement option is examined in sequence from least restrictive to most restrictive; and
• If IEP team agrees that the student should receive all or part of the special education program outside the general education classroom, opportunities for participation in programs with non disabled peers in academic or nonacademic activities must be considered and included in the IEP as appropriate. 

Decisions regarding general class placements:
IDEA also requires that consideration be given to the following factors, when making decisions regarding a general education class placement: (It should be noted that each of the three factors of the Oberti decision must be considered equally. One factor does not take precedence over any other factor):

• The first option considered is whether the student can be educated satisfactorily in a general education classroom with supplementary aids and services. (see NJDOE "Array of Supports" &/or consult with respective OSE supervisor or PDC) Supplementary aids and services are provided in the general education classroom to enable students with disabilities to be educated to the maximum extent appropriate with non disabled peers and may include, but are not limited to the following:
  • Curricular or instructional modifications or specialized instructional strategies
  • Assistive technology devices and services
  • Related services
  • Integrated therapies
  • Supplementary Instruction
  • Consultation services – Consultation as a service on behalf of a student with disabilities or a group of students with disabilities may be provided by a related service provider, a teacher of students with disabilities or a child study team member to the general education teacher and/or the teacher aide. Such consultation shall be delineated in each student’s IEP. The frequency and duration of the consultation(s) shall be indicated in the IEP. Consultation may include, but is not limited to, the following:
    • The development and demonstration of techniques and strategies;
    • Data collection on the effectiveness of the techniques and strategies; and
    • Development of positive behavioral supports.
    • In-class resource programs
  • Teacher aides – Teacher aides may provide supplementary support to a student or students with disabilities when the IEP team has determined the student requires assistance in areas including, but not limited to the following:
    • prompting, cueing, and redirecting student participation;
    • Reinforcing of personal, social, behavioral, and academic learning goals;
    • Organizing and managing materials and activities;
    • Implementation of teacher designed follow-up and practice activities; and

* Note – The district is required to provide the teacher and the teacher aide and the appropriate general or special education teacher staff time for consultation on a regular basis as specified in each child’s IEP.

• A comparison of the benefits provided in a general education class and the benefits provided in a special education class.
  • Two examples of the many beneficial social and academic effects that may accrue to a student with disabilities include positive peer models and high expectations for achievement.
  • The potentially beneficial effects on the other children in the class are fostered as they learn to understand and accept the individual differences of their peers.
• The potentially beneficial or harmful effects, which a placement may have on the student with educational disabilities or the other students in the class. The potentially beneficial effects are noted above. On the other hand, the potentially harmful effects may include the disruptive behavior of a student with disabilities if the disruptiveness is severe enough to significantly impair the education of other students. 

Least Restrictive Environment (LRE) mandates

• To the maximum extent appropriate, a student with a disability is educated with children who are not disabled;
• Special classes, separate schooling or other removal of a student with a disability from the students' regular class occurs only when the nature or severity of the educational disability is such that education in the student's regular class with the use of appropriate supplementary aids and services can not be achieved satisfactorily;
• A full continuum of alternative placements is available to meet the needs of students with disabilities for special education and related services;
• Placement of a student with a disability is determined at least annually;
• Placement is based on his or her individualized education program;
• Placement is provided in appropriate educational settings as close to home as possible;
• When the IEP does not describe specific restrictions, the student is educated in the school he or she would attend if not disabled;
• Consideration is given to:
  • whether the student can be educated satisfactorily in a general education classroom with supplementary aids and services;
  • a comparison of the benefits provided in a general education class and the benefits provided in a special education class; and
  • The potentially beneficial or harmful effects which a placement may have on the student with disabilities or the other students in the class.

Notes – To assist in ensuring LRE:

• According to New Jersey’s administrative code, the IEP team of a student in:
  • A separate setting, shall on an annual basis, consider activities necessary to transition the student to a less restrictive placement; and
  • An out of district placement must delineate in the IEP how the student will participate with non disabled peers in extracurricular and non academic activities and determine the means to achieve such participation, including, if necessary, returning the student to the district.
• Each special education program’s descriptions should include the requirement that the IEP team review each student’s IEP at least once a year, including his/her participation in the general education curriculum/program and explore movement to a less restrictive environment.

Free appropriate public education (FAPE).
“Appropriate” seems to mean providing services to the extent necessary to enable a child with a disability to meet the same general standard of appropriately progressing in the general curriculum and advancing toward achieving the goals on the child’s IEP.
 
Although IEP team decisions should provide each student with a “Free and Appropriate Public Education” in the “Least Restrictive Environment” case law seems to indicate that “FAPE” takes precedence over “LRE.”