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Legal Implications of the Contagious Disease or Infections Amendment to the Civil Rights Restoration Act, S.557

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.
Date: March 14, 1988
Creator: Jones, Nancy Lee
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

The Individuals with Disabilities Education Act (IDEA): Overview of Major Provisions

Description: The Individuals with DisabilitiesEducation Act (IDEA) providesfundsto statesfor the education of children with disabilities. It contains detailed requirements for the receipt of these funds, including the core requirement of the provision of a free appropriate public education (FAPE). IDEA was comprehensively revised in 1997 by P.L. 105-17, but Congress has continued to grapple with issuesrelating to the Act. This report provides a brief overview of the Act with particular attention paid to issues of recent congressional concern, such as funding and the provision of FAPE for children with disabilities found to have brought a weapon to school.
Date: January 11, 2002
Creator: Apling, Richard N. & Jones, Nancy L.
Partner: UNT Libraries Government Documents Department

Rehabilitation Act: Summary of 1998 Reauthorization Legislation

Description: This report discusses the Rehabilitation Act of 1973, which provides comprehensive vocational rehabilitation (VR) services designed to help individuals with physical and mental disabilities become employable and to facilitate independence and integration into society.
Date: January 14, 2002
Creator: O’Shaughnessy, Carol
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

Individuals with Disabilities Education Act (IDEA): Possible Voucher Issues

Description: Congress is considering reauthorization of the Individuals with Disabilities Education Act (IDEA) program (the main federal program providing special education and related services to children with disabilities). Among the options being discussed is increasing parental choice under IDEA. This report provides background on current federal choice programs and on the Florida McKay Scholarship program, which provides scholarships for children with disabilities enrolled in the state’s public schools to attend other public schools or to attend participating private schools. The report concludes with a discussion of possible issues that a federal special education voucher program might raise.
Date: July 3, 2002
Creator: Apling, Richard N.; Jones, Nancy L. & Smole, David P
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

Expulsion, Censure, Reprimand, and Fine: Legislative Discipline in the House of Representatives

Description: This report discusses the Rehabilitation Act of 1973, which is the nation's major program providing comprehensive vocational rehabilitation (VR) services to help persons with physical and mental disabilities become employable and achieve full integration into society.
Date: April 28, 2003
Creator: Panangala, Sidath V.
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

Americans with Disabilities Act (ADA) Requirements Concerning the Provision of Interpreters by Hospitals and Doctors

Description: 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.
Date: July 8, 2004
Creator: Jones, Nancy Lee
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): Services in Private Schools under P.L. 108-446

Description: 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.
Date: February 7, 2005
Creator: Jones, Nancy Lee
Partner: UNT Libraries Government Documents Department

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

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

The Individuals with Disabilities Education Act: Schaffer v. Weast

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.
Date: December 21, 2005
Creator: Jones, Nancy L.
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)

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.
Date: December 22, 2005
Creator: Apling, Richard N. & Jones, Nancy L.
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)

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.
Date: December 22, 2005
Creator: Apling, Richard N. & Jones, Nancy Lee
Partner: UNT Libraries Government Documents Department

Military Support to the Severely Disabled: Overview of Service Programs

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.
Date: March 29, 2007
Creator: Henning, Charles A.
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

Veterans Affairs: Benefits for Service-Connected Disabilities

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.
Date: May 15, 2008
Creator: Weimer, Douglas Reid
Partner: UNT Libraries Government Documents Department