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 Collection: Congressional Research Service Reports
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 Individuals with Disabilities Education Act: Discipline Legislation in the 106th Congress
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Individuals with Disabilities Education Act (IDEA): Issues Regarding "Full Funding" of Part B Grants to States
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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): 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/
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): 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/
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. digital.library.unt.edu/ark:/67531/metadc821065/
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/
The Individuals with Disabilities Education Act: Paperwork in Special Education
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Individuals with Disabilities Education Act (IDEA): State Grant Formulas
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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/
Medicaid: Eligibility for the Aged and Disabled
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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): Pending Supreme Court Decisions 2002-2003
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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/
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/
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/
Expulsion, Censure, Reprimand, and Fine: Legislative Discipline in the House of Representatives
This report discusses the Rehabilitation Act of 1973, which is the nation's major program providing comprehensive vocational rehabilitation (VR) services to help persons with physical and mental disabilities become employable and achieve full integration into society. digital.library.unt.edu/ark:/67531/metadc824660/
The Individuals with Disabilities Education Act (IDEA): Selected Changes that Would be Made to the Law by H.R. 1350, 108th Congress
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A CRS Review of 10 States: Home and Community-Based Services — States Seek to Change the Face of Long-Term Care: Indiana
Many states have devoted significant efforts to respond to the desire for home and community-based care for persons with disabilities and their families. Nevertheless, financing of nursing home care, chiefly by Medicaid, still dominates most states’ spending for long-term care today. To assist Congress in understanding issues that states face in providing long-term care services, the Congressional Research Service (CRS) undertook a study of 10 states in 2002. This report, one in a series of 10 state reports, presents background and analysis about long-term care in Indiana. digital.library.unt.edu/ark:/67531/metacrs7715/
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. digital.library.unt.edu/ark:/67531/metadc26042/
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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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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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/
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/
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/
Individuals with Disabilities Education Act (IDEA): Current Funding Trends
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Rehabilitation Act of 1973: 109th Congress Legislation and FY2006 Budget Request
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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/
Social Security Disability Insurance (SSDI) and Medicare: The 24-Month Waiting Period for SSDI Beneficiaries Under Age 65
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The Individuals with Disabilities Education Act (IDEA): Proposed Regulations for P.L. 108-446
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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: 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/
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: 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): 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): 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/
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 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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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 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/
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. digital.library.unt.edu/ark:/67531/metadc26046/
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. digital.library.unt.edu/ark:/67531/metadc700710/
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. digital.library.unt.edu/ark:/67531/metadc770578/
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. digital.library.unt.edu/ark:/67531/metadc770592/
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/
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. digital.library.unt.edu/ark:/67531/metadc462214/