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 Collection: Congressional Research Service Reports
Social Security: Reexamining Eligibility for Disability Benefits
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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/
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/
Survey of State Statutes Affecting Voting by the Physically Handicapped
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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 Originally enacted in 1975, the act responded to increased awareness of the need to educate children with disabilities, and to judicial decisions requiring that states provide an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: 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/
Prohibiting Discrimination Against Handicapped Individuals in Federally Aided Programs: Section 504 of The Rehabilitation Act of 1973, As Amended
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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 (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: Congressional Intent
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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 Disability Insurance (SSDI) and Medicare: The 24-Month Waiting Period for SSDI Beneficiaries Under Age 65
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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 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/
Rehabilitation Act of 1973: 109th Congress Legislation and FY2006 Budget Request
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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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Medicaid: Eligibility for the Aged and Disabled
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The Individuals with Disabilities Education Act (IDEA): Proposed Regulations for P.L. 108-446
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Individuals with Disabilities Education Act (IDEA): State Grant Formulas
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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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The Individuals with Disabilities Education Act: Paperwork in Special Education
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The Individuals with Disabilities Education Act: Discipline Legislation in the 106th Congress
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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/
Individuals with Disabilities Education Act (IDEA): Current Funding Trends
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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): State Grant Formulas
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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 Reauthorization Legislation: An Overview
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Rehabilitation Act: Major Programs, 105th Congress Legislation, and Funding
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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/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): 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/metacrs1460/
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): 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/
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/