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 Decade: 2000-2009
 Year: 2005
 Collection: Congressional Research Service Reports
Individuals with Disabilities Education Act (IDEA): Services in Private Schools under P.L. 108-446

Individuals with Disabilities Education Act (IDEA): Services in Private Schools under P.L. 108-446

Date: February 7, 2005
Creator: Jones, Nancy Lee
Description: This report examines the Individuals with Disabilities Education Improvement Act of 2004, P.L. 108-446, which makes several changes to the previous law regarding children with disabilities in private schools. Generally, children with disabilities enrolled by their parents in private schools are to be provided special education and related services to the extent consistent with the number and location of such children in the school district served by a LEA pursuant to several requirements. These requirements include new provisions relating to direct services to parentally placed private school children with disabilities, the calculation of the proportionate amount of funds, and a requirement for record keeping.
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The Individuals with Disabilities Education Act (IDEA): Proposed Regulations for P.L. 108-446

The Individuals with Disabilities Education Act (IDEA): Proposed Regulations for P.L. 108-446

Date: July 18, 2005
Creator: Jones, Nancy Lee & Apling, Richard N
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Rehabilitation Act of 1973: 109th Congress Legislation and FY2006 Budget Request

Rehabilitation Act of 1973: 109th Congress Legislation and FY2006 Budget Request

Date: February 25, 2005
Creator: Panangala, Sidath Viranga & O'Shaughnessy, Carol
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Individuals with Disabilities Education Act (IDEA): Current Funding Trends

Individuals with Disabilities Education Act (IDEA): Current Funding Trends

Date: February 11, 2005
Creator: Apling, Richard N
Description: None
Contributing Partner: UNT Libraries Government Documents Department
The Individuals with Disabilities Education Act (IDEA): Overview of P.L. 108-446

The Individuals with Disabilities Education Act (IDEA): Overview of P.L. 108-446

Date: May 5, 2005
Creator: Jones, Nancy L. & Apling, Richard N.
Description: The Individuals with Disabilities Education Act (IDEA) is the main federal program concerning the education of children with disabilities. It authorizes state and local aid for special education and related services for children with disabilities and contains detailed due process protections for children with disabilities and their parents. On December 3, 2004, President Bush signed “the Individuals with Disabilities Education Act Improvement Act” (P.L. 108-446), a major reauthorization and revision of IDEA. The new law preserves the basic structure and civil rights guarantees of IDEA but also makes significant changes in the law. Most provisions of P.L. 108-446 go into effect on July 1, 2005. This report will briefly discuss several of the major changes made by the reauthorization.
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Individuals with Disabilities Education Act (IDEA): Analysis of Changes Made by P.L. 108-446

Individuals with Disabilities Education Act (IDEA): Analysis of Changes Made by P.L. 108-446

Date: January 5, 2005
Creator: Apling, Richard N & Jones, Nancy Lee
Description: This report discusses the Individuals with Disabilities Education Act (IDEA — 20 U.S.C. §1400 et seq.), which is both a grants statute and a civil rights statute. It provides federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). The statute also contains detailed due process provisions to ensure the provision of FAPE. Originally enacted in 1975, the act responded to increased awareness of the need to educate children with disabilities, and to judicial decisions requiring that states provide an education for children with disabilities if they provided an education for children without disabilities.
Contributing Partner: UNT Libraries Government Documents Department
Civil Rights of Individuals with Disabilities: The Opinions of Judge Alito

Civil Rights of Individuals with Disabilities: The Opinions of Judge Alito

Date: December 2, 2005
Creator: Jones, Nancy Lee
Description: Judge Samuel Alito Jr. was nominated by President Bush to the U.S. Supreme Court on October 31, 2005. This report examines the opinions written by Judge Alito relating to civil rights for individuals with disabilities and includes a discussion of cases relating to the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), section 504 of the Rehabilitation Act of 1973, and the Fair Housing Amendments Act. In addition, Judge Alito’s federalism decisions are briefly analyzed and their potential impact on disability related issues is discussed. Decisions authored by Judge Alito, as well as selected dissents and decisions where he joined the majority are examined.
Contributing Partner: UNT Libraries Government Documents Department
Social Security Disability Insurance (SSDI) and Medicare: The 24-Month Waiting Period for SSDI Beneficiaries Under Age 65

Social Security Disability Insurance (SSDI) and Medicare: The 24-Month Waiting Period for SSDI Beneficiaries Under Age 65

Date: July 14, 2005
Creator: Whittaker, Julie M
Description: None
Contributing Partner: UNT Libraries Government Documents Department
The Americans with Disabilities Act and Emergency Preparedness and Response

The Americans with Disabilities Act and Emergency Preparedness and Response

Date: September 13, 2005
Creator: Jones, Nancy Lee
Description: This report briefly discusses the nondiscrimination provisions of the Americans with Disabilities Act (ADA), which are applicable to emergency preparedness and responses to disasters. The ADA does not include provisions specifically for disasters, such as Hurricane Katrina, for example.
Contributing Partner: UNT Libraries Government Documents Department
The Americans with Disabilities Act: Legislation Concerning Notification Prior to Initiating Legal Action

The Americans with Disabilities Act: Legislation Concerning Notification Prior to Initiating Legal Action

Date: October 12, 2005
Creator: Jones, Nancy Lee
Description: The Americans with Disabilities Act (ADA) provides broad nondiscrimination protection in employment, public services, and public accommodation and services operated by private entities. Since the 106th Congress, legislation has been introduced to require plaintiffs to provide notice to the defendant prior to filing a complaint regarding public accommodations. In the 109th Congress, H.R. 2804 was introduced by Representative Foley to amend title III of the ADA to require notification.
Contributing Partner: UNT Libraries Government Documents Department
The Individuals with Disabilities Education Act: Schaffer v. Weast

The Individuals with Disabilities Education Act: Schaffer v. Weast

Date: December 21, 2005
Creator: Jones, Nancy L.
Description: This report discusses the Individuals with Disabilities Education Act (IDEA), which is the main federal program concerning the education of children with disabilities. It authorizes state and local aid for special education and related services for children with disabilities and contains detailed due process protections for children with disabilities and their parents. On December 3, 2004, President Bush signed “The Individuals with Disabilities Education Act Improvement Act” (P.L. 108-446), a major reauthorization and revision of IDEA. One issue which was not addressed in the reauthorization was whether the parents or the school bears the burden of proof in special education due process hearings. On November 14, 2005, the Supreme Court resolved a split in the circuits and held that the burden of proof in an administrative hearing challenging a child’s individualized education program is on the party seeking the relief.
Contributing Partner: UNT Libraries Government Documents Department
The Individuals with Disabilities Education Act (IDEA): Interactions with Selected Provisions of the No Child Left Behind Act (NCLBA)

The Individuals with Disabilities Education Act (IDEA): Interactions with Selected Provisions of the No Child Left Behind Act (NCLBA)

Date: December 22, 2005
Creator: Apling, Richard N. & Jones, Nancy L.
Description: The Individuals with Disabilities Education Act (IDEA)1 and the No Child Left Behind Act (NCLBA)2 are two of the most significant federal statutes relating to education. Although both have the goal of improving education — IDEA for children with disabilities and NCLBA for all children — the two statutes take different approaches. IDEA focuses on the individual child, with an emphasis on developing an individualized education program (IEP) and specific services for children with disabilities, while NCLBA takes a more global view, with an emphasis on closing gaps in achievement test scores and raising the aggregate scores of all demographic groups of pupils to specific levels. The relationship of IDEA and NCLBA has become of increasing significance because of the recent reauthorization of IDEA and guidance and regulations from the U.S. Department of Education (ED) on NCLBA issues related to the education of children with disabilities. This report will provide a brief overview of IDEA and NCLBA, a discussion of the intersection of selected provisions of IDEA and NCLBA, and a discussion of ED regulations and guidance regarding IDEA and NCLBA. The report concludes with a discussion of possible issues related to the interaction of IDEA and NCLBA.
Contributing Partner: UNT Libraries Government Documents Department
The Individuals with Disabilities Education Act (IDEA): Interactions with Selected Provisions of the No Child Left Behind Act (NCLBA)

The Individuals with Disabilities Education Act (IDEA): Interactions with Selected Provisions of the No Child Left Behind Act (NCLBA)

Date: December 22, 2005
Creator: Apling, Richard N. & Jones, Nancy Lee
Description: The Individuals with Disabilities Education Act (IDEA) and the No Child Left Behind Act (NCLBA) are two of the most significant federal statutes relating to education. Although both have the goal of improving education — IDEA for children with disabilities and NCLBA for all children — the two statutes take different approaches. IDEA focuses on the individual child, with an emphasis on developing an individualized education program (IEP) and specific services for children with disabilities, while NCLBA takes a more global view, with an emphasis on closing gaps in achievement test scores and raising the aggregate scores of all demographic groups of pupils to specific levels. The relationship of IDEA and NCLBA has become of increasing significance because of this recent reauthorization of IDEA and guidance and regulations from the U.S. Department of Education (ED) on NCLBA issues related to the education of children with disabilities. This report will provide a brief overview of IDEA and NCLBA, a discussion of the intersection of selected provisions of IDEA and NCLBA, and a discussion of ED regulations and guidance regarding IDEA and NCLBA. The report concludes with a discussion of possible issues related to the interaction of IDEA and NCLBA.
Contributing Partner: UNT Libraries Government Documents Department