Kyrie E. Dragoo
Analyst in Education Policy
The Individuals with Disabilities Education Act (IDEA) is both a grants
statute and a civil rights statute. As a grants statute, 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) (i.e., specially designed instruction provided at no
cost to parents that meets the needs of a child with a disability). In
FY2013, $12 billion was appropriated for IDEA. In 2011, 6.5 million
children ages 3 through 21 received educational services under IDEA.
As a civil rights statute, IDEA contains procedural safeguards, which are
provisions intended to protect the rights of parents and children with
disabilities regarding the provision of FAPE. These procedures include
parental rights to resolve disputes through a mediation process, and present and
resolve complaints through a due process complaint procedure, and through state
complaint procedures. IDEA’s procedural safeguards also address
disciplinary issues. In general, a child with a disability is not immune
from discipline, but the procedures are not the same as for nondisabled children.
To be covered under IDEA, a child with a disability must meet the categorical
definition of disability in the act, and the child must require special
education and related services as a result of the disability in order to
benefit from public education. Once a child meets IDEA’s eligibility criteria,
FAPE is implemented through the Individualized Education Program (IEP), which
is the plan for providing special education and related services by the
local educational agency (LEA). The IEP is developed by an IEP team
composed of school personnel and parents. IDEA requires that children with
disabilities be educated in the least restrictive environment. That is, to the maximum
extent appropriate they are to be educated with children who are not disabled.
In 2011, over 60% of all children with disabilities served by IDEA spent
80% or more of their time in a regular classroom.
To implement IDEA, states and other entities (i.e., the District of Columbia,
Puerto Rico, the Bureau of Indian Education, the outlying areas, and the
freely associated states) receive grants based on a statutory formula.
Most of the federal funds received by states are passed on to LEAs based
on a statutory formula. IDEA also contains state and local maintenance of
effort (MOE) requirements and supplement, not supplant (SNS) requirements
aimed at increasing overall educational spending, rather than substituting
federal funds for education spending at the state and local levels.
Originally enacted in 1975, IDEA has been the subject of numerous
reauthorizations to extend services and rights to children with
disabilities. The most recent reauthorization of IDEA was P.L. 108-446,
enacted in 2004. Funding for Part B, Assistance for Education of all Children
with Disabilities, the largest and most often discussed part of the act,
is permanently authorized. Funding for Part C, Infants and Toddlers with
Disabilities, and Part D, National Activities, was authorized through
FY2011. Funding for the programs continues to be authorized through annual appropriations.
Date of Report: October 31, 2013
Number of Pages: 35
Order Number: R41833
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T.J. Halstead
Legislative Attorney
This memorandum provides as overview of
statutory provisions governing the establishment and operation of Regional
Depository Libraries (RDLs) with a focus on the degree to which the Public
Printer of the Government Printing Office (GPO) may direct and control their
activities.
Date of Report: November 6, 2007
Number of Pages: 5
Order Number: M-110607
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Gail McCallion
Specialist in Social Policy
Jody Feder
Legislative Attorney
Many Members of Congress have become increasingly concerned about what can
be done to address student bullying. This concern has arisen in response
to high-profile bullying incidents that have occurred in recent years, and
due to a growing body of research on the negative consequences of school
bullying. Congress is interested in ensuring that schools are safe,
secure places for students, so that they can receive the full benefits of
their education. Several bills that address school bullying have already
been introduced in the 113th Congress, although none has been enacted as of the date of this
report.
Some of the research on anti-bullying programs has found mixed success,
particularly in the United States. However, a meta-analysis of 44
evaluations identified particular characteristics of school-based bullying
programs that may help reduce bullying. This study found the intensity
and duration of a program, as well as the number of program elements, to
be linked with effectiveness. Other factors found to be important to
effectiveness were parent training, parent meetings, firm disciplinary
methods, classroom rules, classroom management, and improved playground
supervision.
Currently, there is no federal statute that explicitly prohibits student
bullying or cyber-bullying. Under some circumstances, however, bullying
may be prohibited by certain federal civil rights laws. In addition,
bullying may, in some instances, constitute a violation of state criminal
or tort law.
There are several federal initiatives that are specifically focused on student
bullying, including interagency initiatives. In addition, there are a
variety of federal initiatives that are not solely or primarily focused on
student bullying, but permit some funds to be used for this
purpose. Representatives from the U.S. Departments of Agriculture,
Defense, Education, Health and Human Services, the Interior, and Justice,
as well as the Federal Trade Commission and the White House Initiative on
Asian Americans and Pacific Islanders, have formed a Federal Partners
in Bullying Prevention Steering Committee. The Federal Partners work to
coordinate policy, research, and communications on bullying topics. The Federal
Partners have created a website, http://www.stopbullying.gov,
which provides extensive resources on bullying, including information on
how schools can address bullying.
Although there is currently no federal anti-bullying statute, there has been a
surge in state legislation in recent years. A Department of Education (ED)
study found that between 1999 and 2010, 120 bills and amendments to
existing bills were introduced by states. Currently, 49 states have passed
anti-bullying legislation. The majority of these laws direct school districts
to adopt anti-bullying policies. However, the requirements placed on
schools by these laws are quite varied. In addition, many of these laws do
not contain all the key components of anti-bullying legislation that the U.S.
Department of Education identified as important in a document
it distributed to school districts.
Date of Report: October 18, 2013
Number of Pages: 29
Order Number: R43254
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