LRE is a required determination when deciding where a Learner’s remedial and efucational services should be provided.
The U.S. legal foundation from which to determine the LRE for an individual with emergent Verbal Behavior, as a pragmatic outcome, is independent of the location (i.e., home, neighborhood school, non-public school, etc.) of the services established to meet the requirements of that person’s Individual Education Program (IEP) and concurrent ADA rights to the amelioration of medically determined conditions.
From a behavioral, “Constructional” approach, it is the “expressive association” aspect of this civil right that determines what “LRE” is for an individual learner — that is, the environment that evokes the most Verbal Behavior ASRs in both captured and contrived teaching moments AND that builds upon those moments to most rapidly build a person’s Verbal Behavior repertoire and associated constellations of Verbal Behavior cusps IS that Learner’s Expressive LRE (as implied by NAACP v Alabama, 1958).
As a civil right, arguments asserting LRE based on an individual’s actual and potential Verbal Behavior development must only meet, as established by legal precedent, a preponderance of evidence to satisfy which Verbal Behavior community affords, in fact, the Least Expressively Restrictive Environment (LERE) for an individual.
Freedom of Association - The Free Speech Center
https://firstamendment.mtsu.edu/article/freedom-of-association/