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

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.
Date: March 9, 2006
Creator: Jones, Nancy Lee
Partner: UNT Libraries Government Documents Department

The Americans with Disabilities Act and Emergency Preparedness and Response

Description: This report discusses the Americans with Disabilities Act (ADA), which provides broad nondiscrimination protection for individuals with disabilities in employment, public services, and public accommodations and services operated by private entities. Although the ADA does not include provisions specifically discussing its application to disasters, its nondiscrimination provisions are applicable to emergency preparedness and responses to disasters.
Date: June 30, 2010
Creator: Jones, Nancy Lee
Partner: UNT Libraries Government Documents Department

The Americans with Disabilities Act and Emergency Preparedness and Response

Description: This report discusses the Americans with Disabilities Act (ADA), which provides broad nondiscrimination protection for individuals with disabilities in employment, public services, and public accommodations and services operated by private entities. Although the ADA does not include provisions specifically discussing its application to disasters, its nondiscrimination provisions are applicable to emergency preparedness and responses to disasters.
Date: January 5, 2010
Creator: Jones, Nancy Lee
Partner: UNT Libraries Government Documents Department

The Americans with Disabilities Act and Emergency Preparedness and Response

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.
Date: December 29, 2010
Creator: Jones, Nancy Lee
Partner: UNT Libraries Government Documents Department

The Americans with Disabilities Act and Emergency Preparedness and Response

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.
Date: September 13, 2005
Creator: Jones, Nancy Lee
Partner: UNT Libraries Government Documents Department

The Americans with Disabilities Act: Legislation Concerning Notification Prior to Initiating Legal Action

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.
Date: October 12, 2005
Creator: Jones, Nancy Lee
Partner: UNT Libraries Government Documents Department

The Americans with Disabilities Act: Supreme Court Decisions

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

The Americans with Disabilities Act: Toyota Motor Manufacturing v. Williams

Description: The Supreme Court, in Toyota Motor Manufacturing v. Williams, held that to be an individual with a disability under the Americans with Disabilities Act (ADA) an individual must have substantial limitations on abilities that are central to daily life,rather than only to those abilities used in the workplace. In an unanimous opinion written by Justice O’Connor, the Court interpreted the definition of individual with disability narrowly to exclude individuals who are limited only in the performance of manual tasks associated with their job. This report will briefly discuss Williams and its implications for the ADA.
Date: January 15, 2002
Creator: Jones, Nancy L.
Partner: UNT Libraries Government Documents Department

Civil Rights of Individuals with Disabilities: The Opinions of Judge Alito

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.
Date: December 2, 2005
Creator: Jones, Nancy Lee
Partner: UNT Libraries Government Documents Department

A CRS Review of 10 States: Home and Community-Based Services — States Seek to Change the Face of Long-Term Care: Indiana

Description: 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.
Date: December 15, 2003
Creator: Tilly, Jane; O'Shaughnessy, Carol & Weissert, Rob
Partner: UNT Libraries Government Documents Department

Education of the Handicapped

Description: Federal involvement in the education of the handicapped increased significantly with the enactment of the Education for All Handicapped Children Act of 1975 (P.L. 94-142) in the 94th Congress. This legislation amended the provisions for State assistance under Part B of the Education of the Handicapped Act (EHA, P.L. 91-230, title VI, as amended) to require that a "free appropriate public education" be available for all handicapped children age 3 through 21 by September 1980. P.L. 94-142 authorized increased Federal financial assistance along with new requirements for participating State agencies and local school districts. Current issues relating to Federal policy for the education of the handicapped include concerns about costs and responsibilities in educating the handicapped, about the level of Federal financial support, about the characteristics of handicapped children actually identified and served, about the implementation of P.L. 94-142 requirements by State and local school districts, and about Administration proposals to revise Part B regulations.
Date: November 14, 1983
Creator: Fraas, Charlotte Jones
Partner: UNT Libraries Government Documents Department

Housing for Persons Living with HIV/AIDS

Description: 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.
Date: January 8, 2009
Creator: Perl, Libby
Partner: UNT Libraries Government Documents Department

The Individuals with Disabilities Education Ace: Final Part B Regulations

Description: 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.
Date: December 11, 2008
Creator: Jones, Nancy Lee & Lordeman, Ann
Partner: UNT Libraries Government Documents Department

Individuals with Disabilities Education Act: Full Funding of State Formula

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.
Date: December 27, 2001
Creator: Apling, Richard N.
Partner: UNT Libraries Government Documents Department

Individuals with Disabilities Education Act (IDEA): Analysis of Changes Made by P.L. 108-446

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.
Date: January 5, 2005
Creator: Apling, Richard N & Jones, Nancy Lee
Partner: UNT Libraries Government Documents Department

Individuals with Disabilities Education Act (IDEA) and Medicaid

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.
Date: January 31, 2003
Creator: Apling, Richard N & Herz, Elicia J
Partner: UNT Libraries Government Documents Department