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 Collection: Congressional Research Service Reports
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 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: 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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Prohibiting Discrimination Against Handicapped Individuals in Federally Aided Programs: Section 504 of The Rehabilitation Act of 1973, As Amended
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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 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. digital.library.unt.edu/ark:/67531/metadc29568/
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/
Handicapped Infants: The Final Section 504 Regulation and Legislative Proposals
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. digital.library.unt.edu/ark:/67531/metacrs9045/
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/
Medicaid: Eligibility for the Aged and Disabled
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Rehabilitation Act of 1973: 109th Congress Legislation and FY2006 Budget Request
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Individuals with Disabilities Education Act (IDEA): State Grant Formulas
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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/
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/
Individuals with Disabilities Education Act Reauthorization Legislation: An Overview
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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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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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Individuals with Disabilities Education Act (IDEA): Current Funding Trends
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The Individuals with Disabilities Education Act: Paperwork in Special Education
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The Individuals with Disabilities Education Act: Congressional Intent
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Survey of State Statutes Affecting Voting by the Physically Handicapped
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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/
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/
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/
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: 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/
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/
"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. digital.library.unt.edu/ark:/67531/metadc462449/
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. digital.library.unt.edu/ark:/67531/metadc491655/
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/metadc463420/
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/
Social Security Disability Insurance (SSDI) and Medicare: The 24-Month Waiting Period for SSDI Beneficiaries Under Age 65
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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/
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/
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. digital.library.unt.edu/ark:/67531/metadc689239/
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. digital.library.unt.edu/ark:/67531/metadc103110/
"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. digital.library.unt.edu/ark:/67531/metadc84021/
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. digital.library.unt.edu/ark:/67531/metadc122327/
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/
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/
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/
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: 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/