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 Collection: Congressional Research Service Reports
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.
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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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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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): Interactions with Selected Provisions of the No Child Left Behind Act (NCLBA)

Date: December 22, 2005
Creator: Apling, Richard N. & Jones, Nancy L.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
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): Interactions with Selected Provisions of the No Child Left Behind Act (NCLBA)

Date: December 22, 2005
Creator: Apling, Richard N. & Jones, Nancy Lee
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
The Americans with Disabilities Act (ADA): The Definition of Disability

The Americans with Disabilities Act (ADA): The Definition of Disability

Date: March 9, 2006
Creator: Jones, Nancy Lee
Description: 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.
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
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
Military Support to the Severely Disabled: Overview of Service Programs

Military Support to the Severely Disabled: Overview of Service Programs

Date: March 29, 2007
Creator: Henning, Charles A.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
The Americans with Disabilities Act: Supreme Court Decisions

The Americans with Disabilities Act: Supreme Court Decisions

Date: December 12, 2007
Creator: Jones, Nancy Lee
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department