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 Collection: Congressional Research Service Reports
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 Originally enacted in 1975, the act responded to increased awareness of the need to educate children with disabilities, and to judicial decisions requiring that states provide an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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"Who is a Veteran?"-- Basic Eligibility for Veterans' Benefits

"Who is a Veteran?"-- Basic Eligibility for Veterans' Benefits

Date: January 23, 2014
Creator: Moulta-Ali, Umar
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Veterans Exposed to Agent Orange: Legislative History, Litigation, and Current Issues

Veterans Exposed to Agent Orange: Legislative History, Litigation, and Current Issues

Date: November 18, 2014
Creator: Panangala, Sidath Viranga & Shedd, Daniel T.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
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).
Contributing Partner: UNT Libraries Government Documents Department
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
Contributing Partner: UNT Libraries Government Documents Department
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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The Americans with Disabilities Act and Emergency Preparedness and Response

The Americans with Disabilities Act and Emergency Preparedness and Response

Date: December 29, 2010
Creator: Jones, Nancy Lee
Description: 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.
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Veterans' Benefits: Benefits Available for Disabled Veterans

Veterans' Benefits: Benefits Available for Disabled Veterans

Date: July 31, 2009
Creator: Scott, Christine & Davis, Carol D.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Legal Issues Related to Proving “Service Connection” for VA Disability Compensation: Statutory Presumptions

Legal Issues Related to Proving “Service Connection” for VA Disability Compensation: Statutory Presumptions

Date: March 3, 2011
Creator: Reid Weimer, Douglas
Description: This report provides a basic overview of various statutory presumptions that help veterans substantiate a service-connected claim for disability compensation.
Contributing Partner: UNT Libraries Government Documents Department
"Who is a Veteran?"-Basic Eligibility for Veterans' Benefits

"Who is a Veteran?"-Basic Eligibility for Veterans' Benefits

Date: January 23, 2012
Creator: unknown
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Veterans' Benefits: Benefits Available for Disabled Veterans

Veterans' Benefits: Benefits Available for Disabled Veterans

Date: January 23, 2012
Creator: Scott, Christine; Davis, Carol D. & Perl, Libby
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Veterans Affairs: Benefits for Service-Connected Disabilities

Veterans Affairs: Benefits for Service-Connected Disabilities

Date: May 15, 2008
Creator: Weimer, Douglas Reid
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Quarantine and Isolation: Selected Legal Issues Relating to Employment

Quarantine and Isolation: Selected Legal Issues Relating to Employment

Date: May 11, 2009
Creator: Jones, Nancy L. & 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).
Contributing Partner: UNT Libraries Government Documents Department
Veterans' Benefits: An Overview of Benefits for Disabled Veterans

Veterans' Benefits: An Overview of Benefits for Disabled Veterans

Date: August 21, 2008
Creator: Miller, St Jalisa E.; Scott, Christine & Davis, Carol D.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
The Americans with Disabilities Act (ADA): Allocation of Scarce Medical Resources During a Pandemic

The Americans with Disabilities Act (ADA): Allocation of Scarce Medical Resources During a Pandemic

Date: August 18, 2008
Creator: Lee Jones, Nancy
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Veterans' Benefits: The Vocational Rehabilitation and Employment Program

Veterans' Benefits: The Vocational Rehabilitation and Employment Program

Date: August 21, 2008
Creator: Crane, Beverley A.; Scott, Christine & Davis, Carol D.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Veterans' Benefits: Benefits Available for Disabled Veterans

Veterans' Benefits: Benefits Available for Disabled Veterans

Date: January 27, 2009
Creator: Scott, Christine & Davis, Carol D.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
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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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.
Contributing Partner: UNT Libraries Government Documents Department
The Link Between Medicaid and the Individuals with Disabilities Education Act (IDEA): Recent History and Current Issues

The Link Between Medicaid and the Individuals with Disabilities Education Act (IDEA): Recent History and Current Issues

Date: March 9, 2006
Creator: Herz, Elicia J
Description: None
Contributing Partner: UNT Libraries Government Documents Department