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 Country: United States
 Collection: Congressional Research Service Reports
Handicapped Infants: The Final Section 504 Regulation and Legislative Proposals

Handicapped Infants: The Final Section 504 Regulation and Legislative Proposals

Date: February 8, 1984
Creator: Smith, Mary F.
Description: This report discusses the final rule regarding handicapped infants published in the Federal register by HHS on January 12, 1984. Legislative action in response to the Infant Doe issue is also discussed.
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Legal Implications of the Contagious Disease or Infections Amendment to the Civil Rights Restoration Act, S.557

Legal Implications of the Contagious Disease or Infections Amendment to the Civil Rights Restoration Act, S.557

Date: March 14, 1988
Creator: Jones, Nancy Lee
Description: 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.
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Individuals with Disabilities Education Act: Full Funding of State Formula

Individuals with Disabilities Education Act: Full Funding of State Formula

Date: December 27, 2001
Creator: Apling, Richard N.
Description: 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.
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The Individuals with Disabilities Education Act (IDEA): Overview of Major Provisions

The Individuals with Disabilities Education Act (IDEA): Overview of Major Provisions

Date: January 11, 2002
Creator: Apling, Richard N. & Jones, Nancy L.
Description: 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.
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Individuals with Disabilities Education Act (IDEA): Possible Voucher Issues

Individuals with Disabilities Education Act (IDEA): Possible Voucher Issues

Date: July 3, 2002
Creator: Apling, Richard N.; Jones, Nancy L. & Smole, David P
Description: 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.
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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

A CRS Review of 10 States: Home and Community-Based Services — States Seek to Change the Face of Long-Term Care: Indiana

Date: December 15, 2003
Creator: Tilly, Jane; O'Shaughnessy, Carol & Weissert, Rob
Description: 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.
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Americans with Disabilities Act (ADA) Requirements Concerning the Provision of Interpreters by Hospitals and Doctors

Americans with Disabilities Act (ADA) Requirements Concerning the Provision of Interpreters by Hospitals and Doctors

Date: July 8, 2004
Creator: Jones, Nancy Lee
Description: 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.
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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.
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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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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.
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