Congressional Research Service Reports - 87 Matching Results

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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 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

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

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

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

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

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

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

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

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 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

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

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

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

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.
Date: October 15, 2008
Creator: Jones, Nancy Lee
Partner: UNT Libraries Government Documents Department