Congressional Research Service Reports - 110 Matching Results
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- Americans with Disabilities Act (ADA) Requirements Concerning the Provision of Interpreters by Hospitals and Doctors
- This report briefly discusses the Americans with Disabilities Act (ADA), which prohibits discrimination against individuals with disabilities by places of public accommodation. This report specifically discusses a common question of whether or not the ADA requires medical doctors and hospitals to provide an interpreter when they have a patient with a hearing disability.
- 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 Originally enacted in 1975, the act responded to increased awareness of the need to educate children with disabilities, and to judicial decisions requiring that states provide an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.
- Individuals with Disabilities Education Act (IDEA): Services in Private Schools under P.L. 108-446
- This report examines the Individuals with Disabilities Education Improvement Act of 2004, P.L. 108-446, which makes several changes to the previous law regarding children with disabilities in private schools. Generally, children with disabilities enrolled by their parents in private schools are to be provided special education and related services to the extent consistent with the number and location of such children in the school district served by a LEA pursuant to several requirements. These requirements include new provisions relating to direct services to parentally placed private school children with disabilities, the calculation of the proportionate amount of funds, and a requirement for record keeping.
- Individuals with Disabilities Education Act (IDEA): Current Funding Trends
- CRS Report for Congress entailing information about current funding trends within the Individuals with Disabilities Education Act (IDEA). Topics include, budget requests, federal funding and grants, funding trends, etc..
- Rehabilitation Act of 1973: 109th Congress Legislation and FY2006 Budget Request
- The Rehabilitation Act of 1973 is the nation’s major program to provide comprehensive vocational rehabilitation (VR) services to help persons with physical and mental disabilities achieve employment goals and full integration into society. Authorization of appropriations for the Rehabilitation Act expired in FY2003. Although the 108th Congress considered legislation to reauthorize the Act, no final action was taken.
- 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.
- Social Security Disability Insurance (SSDI) and Medicare: The 24-Month Waiting Period for SSDI Beneficiaries Under Age 65
- No Description Available.
- The Individuals with Disabilities Education Act (IDEA): Proposed Regulations for P.L. 108-446
- The 108th Congress passed P.L. 108-446, which reauthorized and revised the Individuals with Disabilities Education Act (IDEA). IDEA is the major federal the statute authorizing funds for special education and related services for children with disabilities and providing detailed due process provisions to ensure that these children receive a free appropriate public education (FAPE). Although much of the the basic structure of IDEA has been retained, P.L. 108-446 does make a number of significant changes. Among these are the definition of “highly qualified” teachers, calculation of maximum state grants, funding for high-need children with disabilities, revised state performance goals and requirements for children’s participation in state and local assessments, changes in the private school provisions, exceptions to certain financial requirements, changes in procedural safeguards, and changes in compliance monitoring to focus on student performance.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The Link Between Medicaid and the Individuals with Disabilities Education Act (IDEA): Recent History and Current Issues
- Congressional Research Service (CRS) report entailing, the recent history and current issues regarding the link between Medicaid and the Individuals with Disabilities Education Act (IDEA). Topics include, free and public education (FAPE), individualized education plans (IEP), individualized family service plans (IFSP), etc..
- The Link Between Medicaid and the Individuals with Disabilities Education Act (IDEA): Recent History and Current Issues
- Congressional Research Service (CRS) report entailing, the recent history and current issues regarding the link between Medicaid and the Individuals with Disabilities Education Act (IDEA). Topics include, free and public education (FAPE), individualized education plans (IEP), individualized family service plans (IFSP), etc..
- Medicare: History of Part A Trust Fund Insolvency Projections
- This Congressional Research Service Report for Congress contains part A of Medicare (HI or Hospital Insurance) and insolvency projections pertaining to this portion of the Medicare trust fund. Updated May 4, 2006.
- Obesity Discrimination and the Americans with Disabilities Act
- This report outlines the Americans with Disabilities Act (ADA), which provides broad nondiscrimination protection for individuals with disabilities. However, to be covered under the statute, an individual must first meet the definition of an individual with a disability. Questions have been raised as to whether and to what extent obesity is a disability under the ADA and whether the ADA protects obese individuals from discrimination. This report provides background regarding how obesity is covered under the ADA and its supporting regulations. It also discusses some of the ways in which courts have applied the ADA to obesity discrimination claims.
- Military Support to the Severely Disabled: Overview of Service Programs
- The Department of Defense (DOD) and each of the military services have established new programs to care for the severely disabled, ensuring rehabilitative assistance and easing the transition back to civilian life. Congress has followed these initiatives with interest and recently directed DOD to develop policies and procedures to standardize these programs. This report examines the background for the new initiatives and provides a status of each program, including contact information.
- Obesity Discrimination and the Americans with Disabilities Act
- This report outlines the Americans with Disabilities Act (ADA), which provide broad nondiscrimination protection for individuals with disabilities. It provides background regarding how obesity is covered under the ADA and its supporting regulations. The report also discusses some of the ways in which courts have applied the ADA to obesity discrimination claims.
- The Americans with Disabilities Act: Supreme Court Decisions
- 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 telecommunications. Enacted in 1990, the ADA is a civil rights statute that has as its purpose “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” It has been the subject of numerous lower court decisions, and the Supreme Court has decided 20 ADA cases, most recently United States v. Georgia. This report examines the Supreme Court decisions on the ADA.
- Social Security: Substantial Gainful Activity for the Blind
- This report examines the Social Security disability program, the level of earnings that constitute "substantial gainful activity" (SGA), and therefore disqualifies a person from receiving benefits, is set by regulation at $940 a month for 2008. However, for the blind, the law provides a different SGA level, $1570 a month for 2008, which is adjusted annually to reflect growth in average wages. This report discusses the reasons for these differing amounts and proposals to change them.
- 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.
- Medicare: History of Part A Trust Fund Insolvency Projections
- This Congressional Research Service Report for Congress contains part A of Medicare (HI or Hospital Insurance) and insolvency projections pertaining to this portion of the Medicare trust fund.
- Additional Standard Tax Deduction for the Blind: A Description and Assessment
- This report covers the history, reasoning, and current policy that surrounds tax deductions for the blind. Moreover, the report highlights the current policy (as of May 7th 2008) as one that recognizes the higher cost of living for a blind person because many blind taxpayers have low incomes. However, the report points out that because of this many of them have access to an additional deduction for being in a lower income bracket.
- Additional Standard Tax Deduction for the Elderly: A Description and Assessment
- This report briefly summarizes the history, reasoning, and current tax deductions (as of May 7th 2008) for the elderly. The report suggests that the current tax deduction for both the elderly and the blind will result in the loss of 9 billion in tax revenue. Moreover, the report suggests that corrections could be made with alternative solutions.
- 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.
- 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.
- 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.
- 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.
- 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.
- Section 202 and Other HUD Rental Housing Programs for Low-Income Elderly Residents
- No Description Available.
- The ADA Amendments Act: P.L. 110-325
- This report summarizes the Americans with Disabilities Act (ADA). Moreover, the report specifically considers the purpose of the ADA, threshold issues, and other court decisions. The report highlights that many Supreme Court decisions and lower court decisions have interpreted the definition of disabled strictly.
- Access to Paper Currency by Visually Impaired Individuals: The American Council of the Blind v. Paulson
- In May 2008, the United States Court of Appeals for the District of Columbia issued a decision in The American Council of the Blind v. Paulson. The court held that under Section 504 of the Rehabilitation Act of 1973, the Treasury Department of the U.S. government discriminates against blind and visually impaired individuals through the issuance of currency in denominations which are not readily distinguishable by touch. The Treasury Department did not file an appeal of the decision, and the case was remanded to the United States District Court for the District of Columbia to address the American Council of the Blind’s request for injunctive relief. The House Subcommittee on Domestic and International Monetary Policy, Trade, and Technology held a hearing on this issue on July 30, 2008. This report discusses the court of appeals’ decision and factors and viewpoints by affected parties that may have implications for a proposed remedy.
- 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.
- 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).
- Section 811 and Other HUD Housing Programs for Persons with Disabilities
- This report describes how federal funds are used to develop housing designated for persons with disabilities. It also discusses current issues surrounding housing for persons with disabilities.
- Public Transportation Providers’ Obligations Under the Americans with Disabilities Act (ADA)
- This report discusses the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq., which is a broad nondiscrimination statute that includes a prohibition of discrimination in public transportation.
- The Individuals with Disabilities Education Ace: Final Part B Regulations
- The Individuals with Disabilities Education Act (IDEA) 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. On December 1, 2008, the Department of Education (ED) issued a final regulation to "clarify and strengthen current regulations" promulgated under the Individuals with Disabilities Education Act. The regulations take effect on December 31, 2008. This report looks at the issues raised by changes from the regulations.
- The Americans with Disabilities Act (ADA) Proposed Regulations
- The Americans with Disabilities Act (ADA) has often been described as the most sweeping nondiscrimination legislation since the Civil Rights Act of 1964. As stated in the act, its purpose is “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” This report discusses recently proposed regulations that would adopt accessibility standards consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board.
- 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.
- 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.
- 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).
- Section 811 and Other HUD Housing Programs for Persons with Disabilities
- No Description Available.
- 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.
- 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).
- 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.
- Section 811 and Other HUD Housing Programs for Persons with Disabilities
- No Description Available.
- Section 202 and Other HUD Rental Housing Programs for Low-Income Elderly Residents
- No Description Available.