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 Decade: 2000-2009
 Collection: Congressional Research Service Reports
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 (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): 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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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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Individuals with Disabilities Education Act (IDEA) and Medicaid

Individuals with Disabilities Education Act (IDEA) and Medicaid

Date: January 31, 2003
Creator: Apling, Richard N & Herz, Elicia J
Description: 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.
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Quarantine and Isolation: Selected Legal Issues Relating to Employment

Quarantine and Isolation: Selected Legal Issues Relating to Employment

Date: November 1, 2008
Creator: Jones, Nancy Lee & Shimabukuro, Jon O.
Description: 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).
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Civil Rights of Individuals with Disabilities: The Opinions of Judge Alito

Civil Rights of Individuals with Disabilities: The Opinions of Judge Alito

Date: December 2, 2005
Creator: Jones, Nancy Lee
Description: 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.
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Social Security Disability Insurance (SSDI) and Medicare: The 24-Month Waiting Period for SSDI Beneficiaries Under Age 65

Social Security Disability Insurance (SSDI) and Medicare: The 24-Month Waiting Period for SSDI Beneficiaries Under Age 65

Date: July 14, 2005
Creator: Whittaker, Julie M
Description: None
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The Americans with Disabilities Act and Emergency Preparedness and Response

The Americans with Disabilities Act and Emergency Preparedness and Response

Date: September 13, 2005
Creator: Jones, Nancy Lee
Description: 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.
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The Americans with Disabilities Act: Legislation Concerning Notification Prior to Initiating Legal Action

The Americans with Disabilities Act: Legislation Concerning Notification Prior to Initiating Legal Action

Date: October 12, 2005
Creator: Jones, Nancy Lee
Description: 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.
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