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 Collection: Congressional Research Service Reports
Individuals with Disabilities Education Act Reauthorization Legislation: An Overview
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Individuals with Disabilities Education Act (IDEA): Current Funding Trends
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Individuals with Disabilities Education Act (IDEA): Issues Regarding "Full Funding" of Part B Grants to States
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Individuals with Disabilities Education Act (IDEA): State Grant Formulas
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Individuals with Disabilities Education Act (IDEA): State Grant Formulas
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Individuals with Disabilities Education Act (IDEA) and Medicaid
This report begins with an overview of Individuals with Disabilities Education Act (IDEA). It then discusses the distinction made in IDEA between medical services and health services. The report then summarizes the provisions in law that link Medicaid funding to IDEA. Next the report provides an overview of the complexities of Medicaid eligibility and covered services. Following that discussion, the report analyzes possible reasons why Medicaid appears to cover relatively little of IDEA health-related costs. Finally the report outlines possible legislative approaches with respect to Medicaid and IDEA. digital.library.unt.edu/ark:/67531/metacrs7575/
Individuals with Disabilities Education Act (IDEA): Analysis of Changes Made by P.L. 108-446
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 Originally enacted in 1975, the act responded to increased awareness of the need to educate children with disabilities, and to judicial decisions requiring that states provide an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. digital.library.unt.edu/ark:/67531/metacrs8437/
The Individuals with Disabilities Education Act (IDEA): Selected Changes that Would be Made to the Law by S. 1248, 108th Congress
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Individuals with Disabilities Education Act: Full Funding of State Formula
This report discusses Individuals with Disabilities Education Act (IDEA), which assists participating states to serve school-age children with disabilities. The state funding formula, which provides a foundation amount based on states’ FY1999 grants and allocates remaining amounts based on states’ shares of school-age children and of school-age poor children, authorizes a maximum allotment per disabled child served of 40% of the national average per pupil expenditure (APPE). Annual appropriations have never been sufficient to provide each state its maximum allotment; in FY2002, states will receive approximately 16.5% of the national APPE per disabled child served. Some advocates for the program have called upon the Congress to fully fund the formula. An estimated $18.2 billion would be required to provide states the maximum allotment allowed per disabled child served in FY2002, about 2.4 times more than the appropriation of $7.5 billion for FY2002. digital.library.unt.edu/ark:/67531/metacrs1410/
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)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. digital.library.unt.edu/ark:/67531/metacrs9670/
The Individuals with Disabilities Education Act (IDEA): Overview of Major Provisions
The Individuals with DisabilitiesEducation Act (IDEA) providesfundsto statesfor the education of children with disabilities. It contains detailed requirements for the receipt of these funds, including the core requirement of the provision of a free appropriate public education (FAPE). IDEA was comprehensively revised in 1997 by P.L. 105-17, but Congress has continued to grapple with issuesrelating to the Act. This report provides a brief overview of the Act with particular attention paid to issues of recent congressional concern, such as funding and the provision of FAPE for children with disabilities found to have brought a weapon to school. digital.library.unt.edu/ark:/67531/metacrs2207/
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. digital.library.unt.edu/ark:/67531/metacrs9679/
Individuals with Disabilities Education Act (IDEA): Possible Voucher Issues
Congress is considering reauthorization of the Individuals with Disabilities Education Act (IDEA) program (the main federal program providing special education and related services to children with disabilities). Among the options being discussed is increasing parental choice under IDEA. This report provides background on current federal choice programs and on the Florida McKay Scholarship program, which provides scholarships for children with disabilities enrolled in the state’s public schools to attend other public schools or to attend participating private schools. The report concludes with a discussion of possible issues that a federal special education voucher program might raise. digital.library.unt.edu/ark:/67531/metacrs2205/
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. digital.library.unt.edu/ark:/67531/metadc501714/
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. digital.library.unt.edu/ark:/67531/metadc770606/
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. digital.library.unt.edu/ark:/67531/metadc26150/
Education of the Handicapped
Federal involvement in the education of the handicapped increased significantly with the enactment of the Education for All Handicapped Children Act of 1975 (P.L. 94-142) in the 94th Congress. This legislation amended the provisions for State assistance under Part B of the Education of the Handicapped Act (EHA, P.L. 91-230, title VI, as amended) to require that a "free appropriate public education" be available for all handicapped children age 3 through 21 by September 1980. P.L. 94-142 authorized increased Federal financial assistance along with new requirements for participating State agencies and local school districts. Current issues relating to Federal policy for the education of the handicapped include concerns about costs and responsibilities in educating the handicapped, about the level of Federal financial support, about the characteristics of handicapped children actually identified and served, about the implementation of P.L. 94-142 requirements by State and local school districts, and about Administration proposals to revise Part B regulations. digital.library.unt.edu/ark:/67531/metacrs8810/
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. digital.library.unt.edu/ark:/67531/metadc821148/
The Link Between Medicaid and the Individuals with Disabilities Education Act (IDEA): Recent History and Current Issues
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The Link Between Medicaid and the Individuals with Disabilities Education Act (IDEA): Recent History and Current Issues
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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). digital.library.unt.edu/ark:/67531/metadc795504/
The Americans with Disabilities Act: Toyota Motor Manufacturing v. Williams
The Supreme Court, in Toyota Motor Manufacturing v. Williams, held that to be an individual with a disability under the Americans with Disabilities Act (ADA) an individual must have substantial limitations on abilities that are central to daily life,rather than only to those abilities used in the workplace. In an unanimous opinion written by Justice O’Connor, the Court interpreted the definition of individual with disability narrowly to exclude individuals who are limited only in the performance of manual tasks associated with their job. This report will briefly discuss Williams and its implications for the ADA. digital.library.unt.edu/ark:/67531/metadc822472/
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. digital.library.unt.edu/ark:/67531/metadc822450/
The Individuals with Disabilities Education Act: Schaffer v. Weast
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. digital.library.unt.edu/ark:/67531/metacrs8327/
The Individuals with Disabilities Education Act (IDEA): Overview of P.L. 108-446
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. digital.library.unt.edu/ark:/67531/metacrs8077/
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). digital.library.unt.edu/ark:/67531/metadc700683/
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. digital.library.unt.edu/ark:/67531/metadc821695/
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. digital.library.unt.edu/ark:/67531/metacrs10648/
The Americans with Disabilities Act (ADA): Pending Supreme Court Decisions 2002-2003
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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. digital.library.unt.edu/ark:/67531/metadc821527/
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. digital.library.unt.edu/ark:/67531/metadc29521/
The Americans with Disabilities Act (ADA): Statutory Language and Recent Issues
This report summarizes the major provisions of the Americans with Disabilities Act (ADA), and also discusses selected recent issues, including ten ADA Supreme Court cases. digital.library.unt.edu/ark:/67531/metacrs1460/
The Americans with Disabilities Act (ADA): Statutory Language and Recent Issues
This report summarizes the major provisions of the Americans with Disabilities Act (ADA), and also discusses selected recent issues, including ten ADA Supreme Court cases. digital.library.unt.edu/ark:/67531/metacrs2253/
The Americans with Disabilities Act (ADA): Statutory Language and Recent Issues
This report summarizes the major provisions of the Americans with Disabilities Act (ADA), and also discusses selected recent issues, including ten ADA Supreme Court cases. digital.library.unt.edu/ark:/67531/metacrs3932/
The Americans with Disabilities Act (ADA): Statutory Language and Recent Issues
This report summarizes the major provisions of the Americans with Disabilities Act (ADA), and also discusses selected recent issues, including ten ADA Supreme Court cases. digital.library.unt.edu/ark:/67531/metacrs3931/
The Americans with Disabilities Act (ADA): The Definition of Disability
The threshold issue in any Americans with Disabilities Act (ADA) case is whether the individual alleging discrimination is an individual with a disability. The ADA definition is a functional one and does not list specific disabilities. This report discusses the definition of "disability." It also briefly discusses the Supreme Court's opinions and analyze how the lower courts are interpreting the Supreme Court's holdings. digital.library.unt.edu/ark:/67531/metacrs9274/
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. digital.library.unt.edu/ark:/67531/metadc490879/
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. digital.library.unt.edu/ark:/67531/metadc505473/
The Americans with Disabilities Act and Emergency Preparedness and Response
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. digital.library.unt.edu/ark:/67531/metacrs7521/
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. digital.library.unt.edu/ark:/67531/metadc31453/
The Americans with Disabilities Act: Eleventh Amendment Issues
This report provides a brief overview of the Eleventh Amendment to the Americans with Disabilities Act (ADA). digital.library.unt.edu/ark:/67531/metacrs1147/
The Americans with Disabilities Act: Legislation Concerning Notification Prior to Initiating Legal Action
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. digital.library.unt.edu/ark:/67531/metacrs7520/
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. digital.library.unt.edu/ark:/67531/metadc821411/
Civil Rights of Individuals with Disabilities: The Opinions of Judge Alito
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. digital.library.unt.edu/ark:/67531/metacrs8080/
The Individuals with Disabilities Education Act: Congressional Intent
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The Individuals with Disabilities Education Act: Discipline Legislation in the 106th Congress
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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. digital.library.unt.edu/ark:/67531/metadc822411/
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. digital.library.unt.edu/ark:/67531/metacrs9610/
The Individuals with Disabilities Education Act (IDEA): Comparison and Analysis of Selected Provisions in H.R. 1350 as Passed by the House and by the Senate, 108th Congress
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The Individuals with Disabilities Education Act (IDEA): Proposed Regulations for P.L. 108-446
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