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The Link Between Medicaid and the Individuals with Disabilities Education Act (IDEA): Recent History and Current Issues
Congressional Research Service (CRS) report entailing, the recent history and current issues regarding the link between Medicaid and the Individuals with Disabilities Education Act (IDEA). Topics include, free and public education (FAPE), individualized education plans (IEP), individualized family service plans (IFSP), etc..
Legal Implications of the Contagious Disease or Infections Amendment to the Civil Rights Restoration Act, S.557
This report discusses the civil rights restoration act, S. 557, as it passed the House and Senate. This provision would most likely be interpreted as codifying the existing standards relating to section 504 interpretation concerning discrimination against individuals with handicaps.
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) 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.
The Link Between Medicaid and the Individuals with Disabilities Education Act (IDEA): Recent History and Current Issues
Congressional Research Service (CRS) report entailing, the recent history and current issues regarding the link between Medicaid and the Individuals with Disabilities Education Act (IDEA). Topics include, free and public education (FAPE), individualized education plans (IEP), individualized family service plans (IFSP), etc..
The Americans with Disabilities Act (ADA) Coverage of Contagious Diseases
The Americans with Disabilities Act (ADA), provides broad nondiscrimination protection for individuals with disabilities in employment public services, public accommodations and services operated by private entities, transportation, and telecommunication. This report briefly discusses the Americans with Disabilities Act's statutory provisions relating to contagious diseases and relevant judicial interpretations.
Alert Systems for Missing Adults in Eleven States: Background and Issues for Congress
This report discusses the emerging development of nationwide alert systems to recover missing adults, such as those with mental impairment (such as Alzheimer's disease), developmental disabilities, or suicidal tendencies. This report provides an overview of such alert systems in 11 states: Colorado, Delaware, Florida, Georgia, Kentucky, North Carolina, Ohio, Oklahoma, Rhode Island, Texas, and Virginia. This report also provides a discussion of issues for Congress to consider with respect to the federal role, if any, in developing state alert programs for missing adults.
Social Security and Medicare Taxes and Premiums: Fact Sheet
Financing for social security -- Old Age, Survivors, and Disability Insurance -- and the Hospital Insurance part of Medicare is provided primarily by taxes levied on wages and net self-employment income. Financing for the Supplementary Medical Insurance portion of Medicare is provided by premiums from enrollees and payments from the government. This report describes these taxes and premiums.
Supplemental Security Income (SSI): A Fact Sheet
The Supplemental Security Income (SSI) program, Title XVI of the Social Security Act, was enacted in 1972 and implemented in 1974 to assure a minimum cash income to all aged, blind, or disabled persons. SSI is provided to eligible aged or disabled individuals or couples who have limited income and resources.
Veterans Affairs: Health Care and Benefits for Veterans Exposed to Agent Orange
This report provides an overview of health care services and disability compensation benefits available to Vietnam veterans, Children of Vietnam Era veterans, and non-Vietnam veterans exposed to herbicides. This is followed by a discussion of litigation pertaining to Navy veterans of the Vietnam Era who served offshore and were never physically present on Vietnamese soil. The report concludes with a discussion of epidemiologic research conducted to study the health effects of Agent Orange and dioxin exposure on Vietnam veterans.
The Use of Seclusion and Restraint in Public Schools: The Legal Issues
Seclusion and restraint have been used in various situations to deal with violent or noncompliant behavior. Because of congressional interest in the use of seclusion and restraint in schools, including passage of H.R. 4247 and the introduction of S. 2860, 111th Congress, first session, this report focuses on the legal issues concerning the use of these techniques in schools, including their application both to children covered by the Individuals with Disabilities Education Act (IDEA) and to those not covered by IDEA.
Veterans Affairs: Benefits for Service-Connected Disabilities
This report describes disability compensation, which is a benefit Congress provides to American veterans and their dependents through the United States Department of Veterans Affairs (VA). Disability compensation is a monthly cash benefit program for veterans currently impaired from past service-connected activities.
Americans with Disabilities Act (ADA) Requirements Concerning the Provision of Interpreters by Hospitals and Doctors
This report briefly discusses the Americans with Disabilities Act (ADA), which prohibits discrimination against individuals with disabilities by places of public accommodation. This report specifically discusses a common question of whether or not the ADA requires medical doctors and hospitals to provide an interpreter when they have a patient with a hearing disability.
The Americans with Disabilities Act and Emergency Preparedness and Response
According to the U.S. Census Bureau, there are 54.4 million individuals with disabilities in the United States. The challenges faced by these individuals, and their civil rights to inclusion in disaster preparedness and response, have received increased attention after September 11, Hurricane Katrina, and other disasters. This report briefly discusses this issue, including the Post-Katrina Emergency Management Reform Act of 2006.
"Who is a Veteran?"-Basic Eligibility for Veterans' Benefits
This report examines the basic eligibility criteria for VA administered veterans' benefits, including the issue of eligibility of members of the National Guard and reserve components.
The Individuals with Disabilities Education Ace: Final Part B Regulations
The Individuals with Disabilities Education Act (IDEA) 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. On December 1, 2008, the Department of Education (ED) issued a final regulation to "clarify and strengthen current regulations" promulgated under the Individuals with Disabilities Education Act. The regulations take effect on December 31, 2008. This report looks at the issues raised by changes from the regulations.
Legal Issues Related to Proving “Service Connection” for VA Disability Compensation: Statutory Presumptions
This report provides a basic overview of various statutory presumptions that help veterans substantiate a service-connected claim for disability compensation.
Veterans' Benefits: Benefits Available for Disabled Veterans
This report provides information on these benefits to assist disabled veterans, including eligibility, history, and the application process. Information regarding spending and the beneficiaries of these benefits is in the Appendix to this report.
Quarantine and Isolation: Selected Legal Issues Relating to Employment
This report examines the employment-at-will doctrine, possible application of the public policy exception in the case of a potential influenza pandemic, the Family and Medical Leave Act (FMLA), and possible application of the nondiscrimination mandates of the Americans with Disabilities Act (ADA).
Veterans Affairs: Health Care and Benefits for Veterans Exposed to Agent Orange
This report provides an overview of health care services and disability compensation benefits available to Vietnam veterans, Children of Vietnam Era veterans, and non-Vietnam veterans exposed to herbicides. This is followed by a discussion of litigation pertaining to Navy veterans of the Vietnam Era who served offshore and were never physically present on Vietnamese soil. The report concludes with a discussion of epidemiologic research conducted to study the health effects of Agent Orange and dioxin exposure on Vietnam veterans.
Housing for Persons Living with HIV/AIDS
This report describes recent research that shows how housing and health status are related and the effects of stable housing on HIV/AIDS patient health. It also describes the Housing Opportunities for Persons with AIDS (HOPWA) program, the only federal program that provides housing and services specifically for persons who are HIV positive or who have AIDS, together with their families. In addition, the report describes how a small portion of funds appropriated through the Ryan White HIV/AIDS program may be used by states and local jurisdictions to provide short-term housing assistance for persons living with HIV/AIDS.
"Who is a Veteran?"-- Basic Eligibility for Veterans' Benefits
This report examines the basic eligibility criteria for VA administered veterans' benefits, including the issue of eligibility of members of the National Guard and reserve components.
Veterans Affairs: Benefits for Service-Connected Disabilities
This report describes disability compensation, which is a benefit Congress provides to American veterans and their dependents through the United States Department of Veterans Affairs (VA). Disability compensation is a monthly cash benefit program for veterans currently impaired from past service-connected activities.
The Americans with Disabilities Act and Emergency Preparedness and Response
This report discusses the Americans with Disabilities Act (ADA), which provides broad nondiscrimination protection for individuals with disabilities in employment, public services, and public accommodations and services operated by private entities. Although the ADA does not include provisions specifically discussing its application to disasters, its nondiscrimination provisions are applicable to emergency preparedness and responses to disasters.
Veterans Exposed to Agent Orange: Legislative History, Litigation, and Current Issues
This report provides an overview of how Congress and the judiciary have addressed the concerns of Vietnam-era veterans and briefly describes some of the current issues raised by Vietnam-era veterans.
The United Nations Convention on the Rights of Persons with Disabilities: Issues in the U.S. Ratification Debate
This report discusses the United Nations Convention on the rights of persons with disabilities; its purpose is to promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities.
The Americans with Disabilities Act and Emergency Preparedness and Response
This report discusses the Americans with Disabilities Act (ADA), which provides broad nondiscrimination protection for individuals with disabilities in employment, public services, and public accommodations and services operated by private entities. Although the ADA does not include provisions specifically discussing its application to disasters, its nondiscrimination provisions are applicable to emergency preparedness and responses to disasters.
Veterans Affairs: Health Care and Benefits for Veterans Exposed to Agent Orange
This report provides an overview of health care services and disability compensation benefits available to Vietnam veterans, Children of Vietnam Era veterans, and non-Vietnam veterans exposed to herbicides. This is followed by a discussion of the recent litigation pertaining to Navy veterans of the Vietnam Era who served offshore and were never physically present on Vietnamese soil.
Veterans' Benefits: Benefits Available for Disabled Veterans
This report provides information on benefits for disabled veterans, including eligibility, history, and the application process. Information regarding spending and the beneficiaries of these benefits is in the Appendix to this report.
Quarantine and Isolation: Selected Legal Issues Relating to Employment
This report examines the employment-at-will doctrine, possible application of the public policy exception in the case of a potential influenza pandemic, the Family and Medical Leave Act (FMLA), and possible application of the nondiscrimination mandates of the Americans with Disabilities Act (ADA).
Veterans Affairs: Benefits for Service-Connected Disabilities
This report describes disability compensation, which is a benefit Congress provides to American veterans and their dependents through the United States Department of Veterans Affairs (VA). Disability compensation is a monthly cash benefit program for veterans currently impaired from past service-connected activities.
Veterans' Benefits: Benefits Available for Disabled Veterans
This report provides information on benefits provided by the Department of Veterans Affairs (VA) specifically created to assist disabled veterans. It disucsses the benefits' eligibility, history, and the application process. An appendix provides information regarding spending and the beneficiaries of these benefits.
The Americans with Disabilities Act (ADA): Allocation of Scarce Medical Resources During a Pandemic
This report examines selected proposed priorities in light of the nondiscrimination provisions of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973.
Veterans' Benefits: An Overview of Benefits for Disabled Veterans
This report provides an overview of health care services and disability compensation benefits available to Vietnam veterans, children of Vietnam-era veterans, and non-Vietnam veterans exposed to herbicides.
Veterans' Benefits: The Vocational Rehabilitation and Employment Program
This report describes Vocational Rehabilitation & Employment Service (VR&E) program services available to veterans with service-connected disabilities and to their families. It provides a brief history of the program as well as information about eligibility and entitlement, the application process, and resources available through other agencies.
Medicaid and Schools
This report discusses the recent history and current issues facing Medicaid funding for certain health related costs under the Individuals with Disabilities Education Act (IDEA).
Section 811 and Other HUD Housing Programs for Persons with Disabilities
This report describes how federal funds are used to develop housing designated for persons with disabilities. It also discusses current issues surrounding housing for persons with disabilities.
Access to Paper Currency by Visually Impaired Individuals: The American Council of the Blind v. Paulson
This report summarizes the details of The American Council of the Blind v. Paulson. The lawsuit occurred due to paper currency not being readily distinguishable by touch, which the United States Court of Appeals for the District of Columbia held under the Rehabilitation Act of 1973 as discrimination against the blind. Finally, the report notes the implications for proposed solutions to the issue.
Amendments Relating to the Discipline of Children with Disabilities in H.R. 1 and S.1, 107th Congress
This report discusses the Better Education for Students and Teachers Act, which would eliminate the requirement for educational services to children with disabilities in certain situations.
Military Support to the Severely Disabled: Overview of Service Programs
The Department of Defense (DOD) and each of the military services have established new programs to care for the severely disabled, ensuring rehabilitative assistance and easing the transition back to civilian life. Congress has followed these initiatives with interest and recently directed DOD to develop policies and procedures to standardize these programs. This report examines the background for the new initiatives and provides a status of each program, including contact information.
The Americans with Disabilities Act (ADA): Pending Supreme Court Decisions 2002-2003
No Description Available.
The ADA Amendments Act: P.L. 110-325
This report summarizes the Americans with Disabilities Act (ADA). Moreover, the report specifically considers the purpose of the ADA, threshold issues, and other court decisions. The report highlights that many Supreme Court decisions and lower court decisions have interpreted the definition of disabled strictly.
The Americans with Disabilities Act (ADA) Proposed Regulations
The Americans with Disabilities Act (ADA) has often been described as the most sweeping nondiscrimination legislation since the Civil Rights Act of 1964. As stated in the act, its purpose is “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” This report discusses recently proposed regulations that would adopt accessibility standards consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board.
The Americans with Disabilities Act: Supreme Court Decisions
The Americans with Disabilities Act (ADA) provides broad nondiscrimination protection for individuals with disabilities in employment, public services, public accommodations and services operated by private entities, transportation, and telecommunications. Enacted in 1990, the ADA is a civil rights statute that has as its purpose “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” It has been the subject of numerous lower court decisions, and the Supreme Court has decided 20 ADA cases, most recently United States v. Georgia. This report examines the Supreme Court decisions on the ADA.
Public Transportation Providers’ Obligations Under the Americans with Disabilities Act (ADA)
This report discusses the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq., which is a broad nondiscrimination statute that includes a prohibition of discrimination in public transportation.
Additional Standard Tax Deduction for the Blind: A Description and Assessment
This report covers the history, reasoning, and current policy that surrounds tax deductions for the blind. Moreover, the report highlights the current policy (as of May 7th 2008) as one that recognizes the higher cost of living for a blind person because many blind taxpayers have low incomes. However, the report points out that because of this many of them have access to an additional deduction for being in a lower income bracket.
Obesity Discrimination and the Americans with Disabilities Act
This report outlines the Americans with Disabilities Act (ADA), which provides broad nondiscrimination protection for individuals with disabilities. However, to be covered under the statute, an individual must first meet the definition of an individual with a disability. Questions have been raised as to whether and to what extent obesity is a disability under the ADA and whether the ADA protects obese individuals from discrimination. This report provides background regarding how obesity is covered under the ADA and its supporting regulations. It also discusses some of the ways in which courts have applied the ADA to obesity discrimination claims.
Individuals with Disabilities Education Act (IDEA): Services in Private Schools under P.L. 108-446
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.
Social Security: Substantial Gainful Activity for the Blind
This report examines the Social Security disability program, the level of earnings that constitute "substantial gainful activity" (SGA), and therefore disqualifies a person from receiving benefits, is set by regulation at $940 a month for 2008. However, for the blind, the law provides a different SGA level, $1570 a month for 2008, which is adjusted annually to reflect growth in average wages. This report discusses the reasons for these differing amounts and proposals to change them.
Rehabilitation Act: Summary of 1998 Reauthorization Legislation
This report discusses the Rehabilitation Act of 1973, which provides comprehensive vocational rehabilitation (VR) services designed to help individuals with physical and mental disabilities become employable and to facilitate independence and integration into society.
Individuals with Disabilities Education Act: House and Senate Amendments to Juvenile Justice Legislation
This report discusses legislative issues regarding the Individuals with Disabilities Education Act (IDEA), which provides federal funds to the states to assist them in providing an education for children with disabilities.
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