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 Collection: Congressional Research Service Reports
The Individuals with Disabilities Education Act (IDEA): Overview of P.L. 108-446

The Individuals with Disabilities Education Act (IDEA): Overview of P.L. 108-446

Date: May 5, 2005
Creator: Jones, Nancy L. & Apling, Richard N.
Description: 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.
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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 Individuals with Disabilities Education Act (IDEA): Proposed Regulations for P.L. 108-446

The Individuals with Disabilities Education Act (IDEA): Proposed Regulations for P.L. 108-446

Date: July 18, 2005
Creator: Jones, Nancy Lee & Apling, Richard N
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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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.
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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 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.
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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.
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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.
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Supplemental Security Income (SSI): A Fact Sheet

Supplemental Security Income (SSI): A Fact Sheet

Date: January 8, 2008
Creator: Szymendera, Scott
Description: 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.
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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.
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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: 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
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.
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Veterans Affairs: Health Care and Benefits for Veterans Exposed to Agent Orange

Veterans Affairs: Health Care and Benefits for Veterans Exposed to Agent Orange

Date: August 25, 2008
Creator: Panangala, Sidath Viranga & Weimer, Douglas Reid
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. 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.
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Access to Paper Currency by Visually Impaired Individuals: The American Council of the Blind v. Paulson

Access to Paper Currency by Visually Impaired Individuals: The American Council of the Blind v. Paulson

Date: October 15, 2008
Creator: Toland, Carol
Description: 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.
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The Americans with Disabilities Act (ADA) Coverage of Contagious Diseases

The Americans with Disabilities Act (ADA) Coverage of Contagious Diseases

Date: October 15, 2008
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 telecommunication. This report briefly discusses the Americans with Disabilities Act's statutory provisions relating to contagious diseases and relevant judicial interpretations.
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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).
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Section 811 and Other HUD Housing Programs for Persons with Disabilities

Section 811 and Other HUD Housing Programs for Persons with Disabilities

Date: November 3, 2008
Creator: Perl, Libby
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department