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 Collection: Congressional Research Service Reports
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/
Veterans' Benefits: Benefits Available for Disabled Veterans
This report provides information on benefits provided by the Department of Veterans Affairs (VA) specifically created to assist disabled veterans. It disucsses the benefits' eligibility, history, and the application process. An appendix provides information regarding spending and the beneficiaries of these benefits. digital.library.unt.edu/ark:/67531/metadc743564/
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/
Legal Implications of the Contagious Disease or Infections Amendment to the Civil Rights Restoration Act, S.557
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. digital.library.unt.edu/ark:/67531/metacrs9610/
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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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/
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/metadc491175/
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/
Housing for Persons Living with HIV/AIDS
This report describes recent research that shows how housing and health status are related and the effects of stable housing on HIV/AIDS patient health. It also describes the Housing Opportunities for Persons with AIDS (HOPWA) program, the only federal program that provides housing and services specifically for persons who are HIV positive or who have AIDS, together with their families. In addition, the report describes how a small portion of funds appropriated through the Ryan White HIV/AIDS program may be used by states and local jurisdictions to provide short-term housing assistance for persons living with HIV/AIDS. digital.library.unt.edu/ark:/67531/metadc462650/
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 the recent litigation pertaining to Navy veterans of the Vietnam Era who served offshore and were never physically present on Vietnamese soil. digital.library.unt.edu/ark:/67531/metadc627054/
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/
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/
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/
Social Security: Reexamining Eligibility for Disability Benefits
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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/metadc29668/
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/metadc29704/