The Individuals with Disabilities Education Act (IDEA), Part B: Key Statutory and Regulatory Provisions

Summary

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 FY2016, $12.9 billion was appropriated for IDEA. In the 2014-2015 school year, 6.7 million children ages 3 through 21 received educational services under Part B of the 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 other 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 the child's parents or guardian. 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 the fall of 2014, over 62% 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.

Introduction

(Funding in thousands of dollars)

IDEA Part

Description

FY2016 Funding

Percentage of Total IDEA Funding

Part A—General Provisions

Includes findings, purposes, and definitions

—

—

Part B—Assistance for Education of all Children with Disabilities

Contains provisions relating to the education of school aged children (the grants-to-states program) and state grants program for preschool children with disabilities (Section 619)

94.7%

Part C—Infants and Toddlers with Disabilities

Authorizes state grants for programs serving infants and toddlers with disabilities

$458,556

3.5%

Part D—National Activities to Improve Education of Children with Disabilities

Contains the requirements for various national activities

$227,133

1.8%

IDEA Total

$12,966,775

100%

Source: Table prepared by CRS. Funding amounts are from Department of Education budget tables for FY2016.

Three of the main purposes of IDEA are

(A) to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living; (B) to ensure that the rights of children with disabilities and parents of such children are protected; and (C) to assist states, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities;⁸

The focus of this report will be on how these purposes are to be achieved under Part B of the IDEA, hereinafter referred to as IDEA. The first purpose is addressed primarily in the section of this report titled "Services for Children with Disabilities." The second is addressed in the section on "Procedural Safeguards," and the third is addressed in the section on "Funding, Expenditure Requirements, and Compliance."

Children with disabilities receive specially designed instruction and other services to meet their unique needs. This section addresses (1) criteria children must meet to receive services under IDEA, (2) how the children are identified and evaluated, and (3) the procedures for developing an individualized plan to provide special education and related services.

All children with disabilities receiving special education or related services under IDEA between the ages of 3 and 21, inclusive, residing in a state are entitled to FAPE.¹⁶ The term "free appropriate public education" means:

special education and related services that—(A) have been provided at public expense, under public supervision and direction, and without charge; (B) meet the standards of the state educational agency; (C) include an appropriate preschool, elementary school, or secondary school education in the state involved; and (D) are provided in conformity with the individualized education program required under section 614(d) [Individualized Education Programs (IEP)].¹⁷

FAPE must be made available to all children with disabilities who qualify for special education and related services, including children who have been suspended or expelled from school.¹⁸

The first step in providing FAPE to children with disabilities is identifying them. Each state must have in effect policies and procedures to ensure that all children with disabilities residing in the state who are in need of special education and related services are identified, located, and evaluated. These policies and procedures are referred to in statute as "child find."¹⁹ The children include those with disabilities who are

• homeless or wards of the state,
• attending private schools,
• suspected of having a disability, and
• highly mobile children, including migrant children.

A child who has been identified as having (or possibly having) a disability must be evaluated by the LEA before receiving special education and related services to determine whether a child is a child with a disability and to determine the educational needs of the child.²⁰ Either the parent or the LEA may request an initial evaluation.²¹ In general, the LEA must obtain informed consent from the parent before conducting an initial evaluation.²² Parental consent for an evaluation cannot be construed as consent for special education and related services.²³ The initial evaluation must take place within 60 days of receiving parental consent or within an alternative time frame established by the state.²⁴

In conducting the initial evaluation, the LEA must

• use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the parent;
• use multiple measures or assessments as the criteria for determining whether a child is a child with a disability or determining an appropriate educational program for the child; and
• use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.²⁵

In addition, assessments and other evaluation materials used to assess a child must be selected and administered so as not to be discriminatory on a racial or cultural basis. They must also be provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally.²⁶

Upon completion of the evaluation, the determination of whether the child is a child with a disability is made and the educational needs of the child are decided by a team of individuals that includes qualified professionals and the child's parent or guardian.²⁷ A copy of the evaluation report and the documentation of determination of eligibility must be provided to the parent.²⁸ In making a determination of eligibility, a child shall not be determined to be a child with a disability if the determinant factor is lack of appropriate instruction in reading, lack of instruction in math, or limited English proficiency.²⁹

Reevaluations are required if the child's teacher or parent makes a request or if the LEA determines that the child's educational and service needs, academic achievement, or functional performance warrant a reevaluation. For example, a reevaluation might be warranted if the child's performance in school significantly improves, suggesting that he or she no longer requires special education and related services, or if the child is not making progress toward the goals in his or her IEP, indicating that changes are needed in the education or related services the LEA is providing. A reevaluation may not be done more than once a year unless the parent and LEA agree, and must be done at least once every three years unless the parent and the LEA agree that a reevaluation is not necessary.³⁰ In general, parental consent is required for reevaluations as well as for the initial evaluation.³¹ In addition, the LEA cannot change the eligibility of a child until a reevaluation is done, unless the child graduates from high school with a regular diploma or reaches the age at which state law no longer provides for FAPE.³²

As noted above, more than a third of children ages 3 through 21 receiving special education and related services under IDEA have SLDs. It is therefore worth noting the procedures required for identifying a child with an SLD. In addition to the procedures addressed above for identifying a child with a disability, the statute and regulations allow additional procedures.³³ In general, a state must adopt criteria for determining whether a child has an SLD, and an LEA must use the state criteria.³⁴ The state criteria cannot require the use of a severe discrepancy between intellectual ability and achievement for determining whether a child has a specific learning disability;³⁵ must permit the use of a process based on the child's response to scientific, research-based intervention;³⁶ and may permit the use of other alternative research-based procedures for determining whether a child has an SLD.³⁷

In general, the group members who determine whether a child has an SLD must include the child's parents, the child's regular education teacher, and at least one person qualified to conduct individual diagnostic examinations of children (e.g., a school psychologist, speech-language pathologist, or remedial reading teacher).³⁸ The group may determine that a child has an SLD if three criteria are met:³⁹

• The child does not achieve adequately for the child's age or meet state-approved grade-level standards in one or more of eight areas⁴⁰ when provided with learning experiences and instruction appropriate for the child's age or state-approved grade-level standards.
• The child either does not make sufficient progress to meet age or state-approved grade-level standards in one or more of the eight areas when using a process based on the child's response to scientific, research-based intervention; or the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, state-approved grade-level standards, or intellectual development that is determined by the group to be relevant to the identification of an SLD.
• If the child is found to have an SLD, it is not primarily the result of a visual, hearing, or motor disability; intellectual disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency.

To ensure that underachievement in a child suspected of having an SLD is not due to lack of appropriate instruction in reading or math, the group must consider, as part of the evaluation, (1) data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and (2) data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child's parents.⁴¹

If prior to a referral for an evaluation, a child has not made adequate progress after an appropriate period of time when provided instruction, an LEA must promptly request parental consent to evaluate the child.⁴² The regulations also specify that the child must be observed in the child's learning environment to document the child's academic performance and behavior in the areas of difficulty.⁴³ Finally, the regulations detail the specific documentation for determining eligibility for a child suspected of having an SLD.⁴⁴

FAPE is implemented through the IEP, which is the program plan that lays out how the LEA will provide special education and related services to each child with a disability. The IEP is developed by an IEP team composed of school personnel and parents. In general, the IEP team must consider the strengths of the child; the concerns of the parents; the results of the initial evaluation (or most recent evaluation); and the academic, developmental, and functional needs of the child.⁴⁵ The IEP team meets at least once a year to review the IEP to determine if goals are being met and to make necessary changes.⁴⁶ The team must meet to develop the initial IEP for a child within 30 days of determining that the child needs special education and related services. In addition, as soon as possible following the development of the IEP, special education and related services must be made available to the child in accordance with the IEP.⁴⁷

Specifically, IDEA requires that the IEP include the following:

• the child's present levels of academic achievement and functional performance;
• measurable annual goals, including academic and functional goals, designed to
• meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; and
• meet each of the child's other educational needs that result from the child's disability;
• how the child's progress toward meeting the above annual goals will be measured and when periodic reports on the progress the child is making toward meeting the annual goals will be provided;
• the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and the program modifications or supports for school personnel that will be provided for the child to
• advance appropriately toward attaining the annual goals;
• be involved in and make progress in the general education curriculum and participate in extracurricular and other nonacademic activities; and
• be educated and participate with other children with disabilities and nondisabled children;
• the extent, if any, to which the child will not participate with nondisabled children in the regular class;
• any individual appropriate accommodations⁴⁹ that are necessary to measure the academic achievement and functional performance of the child on state and district-wide assessments; if the IEP team determines that the child will take an alternate assessment on a particular state or district-wide assessment of student achievement, the IEP should detail why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child;⁵⁰
• the projected date for the beginning of the assessments and their frequency, location, and duration.

In addition, beginning not later than when the first IEP is in effect when the child is 16, and updated annually thereafter, the IEP must include appropriate measurable postsecondary goals related to training, education, employment, and, where appropriate, independent living skills and the transition services⁵¹ needed to assist the child in reaching those goals.

Each child identified as a child with a disability must have an IEP developed by an IEP team. In general, the composition of the team includes

• the parents of a child with a disability;
• one or more regular education teachers, if the child is or may be participating in the regular education environment;
• one or more special education teachers;
• a representative of the LEA who is qualified to provide or supervise the provision of special education; is knowledgeable about the general education curriculum; and is knowledgeable about the availability of resources of the LEA;
• an individual who can interpret the instructional implications of evaluation results;
• at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel, as appropriate; and
• whenever appropriate, the child with a disability.⁵³

The provision of special education and related services is a key component of FAPE. Special education means "specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including—(A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and (B) instruction in physical education."⁵⁴ Specially designed instruction, which is delineated in the IEP, means that the content, methodology, or delivery of instruction is adapted to address the unique needs of the child that result from the child's disability. The instruction must ensure the child's access to the general curriculum, so that the child can meet the educational standards that apply to all children. While specially designed instruction is provided at no cost to parents, parents can be required to pay any incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.⁵⁵

In general, related services are transportation and those developmental, corrective, and other supportive services required to help a child with a disability to benefit from special education. Both the statute and federal regulations define related services and provide a list of related services.⁵⁶ The regulations also further define the services that may be provided to a child with a disability. The list is not exhaustive; other related services could be provided to a child with a disability. Related services include the following:

• speech-language pathology and audiology services;
• interpreting services for children who are deaf, hard of hearing, or deaf-blind;
• psychological services;
• physical therapy and occupational therapy;
• recreation, including therapeutic recreation;
• social work services in schools;
• school health services and school nurse services;
• counseling services, including rehabilitation counseling;
• orientation and mobility services provided to blind or visually impaired children;
• parent counseling and training;
• medical services for diagnostic and evaluation purposes only;⁵⁷ and
• early identification and assessment of disabilities through the implementation of a formal plan for identifying a disability.

With some restrictions, LEAs may use up to 15% of their allocations⁵⁸ "to develop and implement coordinated, early intervening services, which may include interagency financing structures, for students in kindergarten through grade 12 (with a particular emphasis on students in kindergarten through grade 3) who have not been identified as needing special education or related services but who need additional academic and behavioral support to succeed in a general education environment."⁵⁹ CEIS may not, however, delay an appropriate evaluation of a child suspected of having a disability.⁶⁰

In its analysis of comments and changes to the final regulations, ED discusses the potential benefits of CEIS as follows:

The authority to use some Part B funds for early intervening services has the potential to benefit special education, as well as the education of other children, by reducing academic and behavioral problems in the regular educational environment and reducing the number of referrals to special education that could have been avoided by relatively simple regular education interventions.⁶¹

LEAs may use CEIS funds for both professional development for teachers and other school staff and for educational and behavioral evaluations, services, and supports to students.⁶² Funds may also be used to carry out CEIS that are aligned with activities funded by, and carried out under, the Elementary and Secondary Education Act of 1965 (ESEA) if the funds supplement, and do not supplant, ESEA funds.⁶³

A state must require an LEA to use up to 15% of its funds for CEIS if the state has determined through statutorily required data collection that "significant disproportionality"⁶⁴ based on race and ethnicity is occurring with respect to the identification of children with disabilities; their placement in particular education settings; and the incidence, duration, and type of disciplinary actions, including suspensions and expulsions.⁶⁵ The funds are to be used to provide CEIS "to serve children in the LEA, particularly, but not exclusively, children in those groups that were significantly overidentified."⁶⁶

One way that coordinated early intervening services are provided is through an approach called Response to Intervention (RTI). RTI "is a multi-level framework to maximize student achievement by providing support to students at risk for poor learning outcomes."⁶⁷ While there are many models of RTI, ED notes that

the core characteristics that underpin all RTI models are: (1) students receive high quality research-based instruction in their general education setting; (2) continuous monitoring of student performance; (3) all students are screened for academic and behavioral problems; and (4) multiple levels (tiers) of instruction that are progressively more intense, based on the student's response to instruction.

For example, an RTI model with a three-tier continuum of school-wide support might include the following tiers and levels of support: (1) Tier one (Primary Intervention), for all students using high quality scientific research-based instruction in their general education setting. It would not be appropriate to use EIS funds for these activities since these students do not need additional academic and behavioral support to succeed in a general education environment. (2) Tier two (Secondary Intervention), for specialized small group instruction of students determined to be at risk for academic and behavioral problems. It would be appropriate to use EIS funds to support these activities. (3) Tier three (Tertiary Intervention) for specialized individualized instructional/behavioral support for students with intensive needs. EIS funds could not be used if these students were currently receiving special education or related services.⁶⁸

Notes: Percentages by disability may not add to 100% because of rounding. Total number of students is 5.94 million.

A child with a disability may be placed in a private elementary or secondary school by an LEA as part of an IEP if the IEP team determines that a private school placement is needed to fulfill the FAPE requirements for the child. In this situation, the private school placement is made at no cost to the parents, and the child has all of the rights of a child with a disability who is served in a public school.⁸⁰

A child with a disability may also be unilaterally placed in a private elementary or secondary school by his or her parents.⁸¹ In this situation, the "parentally placed" child is not entitled to FAPE, and the cost of the private school placement is not paid by the LEA unless a court or hearing officer makes certain findings.⁸² The LEA must, however, spend a share of its IDEA funds to provide services to children enrolled with disabilities by their parents in private schools located in the LEA based on the proportion of parentally placed children to the total number of children with disabilities in the LEA.⁸³ Except where there is a court order, the LEA makes the final decision about the services to be provided to parentally placed private school children.⁸⁴ In making this decision, the LEA must engage in a consultation process with the private school officials and representatives of parents.⁸⁵ The LEA is also responsible for devising a service plan for every parentally placed child with a disability receiving special education or related services from the LEA.⁸⁶

Procedural safeguards⁸⁷ are provisions protecting the rights of parents and children with disabilities regarding FAPE. The various types of procedures include parental rights to

• inspect and review educational records;⁸⁸
• participate in meetings related to the identification, evaluation, and educational placement of their child;⁸⁹
• obtain an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the LEA;⁹⁰
• receive prior written notice in the native language of the parents when an LEA proposes to initiate or change, or refuses to initiate or change, the identification, evaluation, or educational placement of the child or the provision of FAPE to the child;⁹¹
• receive a procedural safeguards notice, which is a comprehensive written explanation of IDEA's legal rights and protections for children with disabilities and their parents;⁹²
• resolve disputes through a mediation process;⁹³
• present and resolve complaints through the due process complaint procedures, which include a right to file suit in federal district court;⁹⁴ and
• present and resolve complaints through state complaint procedures.⁹⁵

Three of the procedural safeguards listed above pertain to dispute resolution between parents and the LEA. These are mediation, due process complaint procedures, and state complaint procedures, which are discussed below. IDEA's disciplinary provisions, discussed in this section as well, also include procedural safeguards to protect the rights of children with disabilities to FAPE.

Mediation is a process of resolving disputes initiated by either the parent or LEA involving any matter under IDEA. It is a way of resolving complaints without the formal due process hearing, discussed below. Either a parent or an LEA can initiate the mediation process, which must be voluntary for each party. The mediation must be conducted by a qualified and impartial mediator who is trained in effective mediation techniques. The cost of the mediation process is borne by the state.

If the school and parent resolve a dispute through the mediation process, they must execute a legally binding agreement that is signed by the parent and a representative of the LEA. This agreement is enforceable in state or U.S. district court. Discussions that occur during the mediation process must be confidential and may not be used in any subsequent due process hearing or civil proceeding of any federal or state court.

The due process complaint procedure begins with filing a due process complaint, which is in effect a request for a due process hearing, on matters relating to the identification, evaluation, or educational placement of a child with a disability, or the provision of FAPE to the child. Generally, unless the SEA or LEA and the parent otherwise agree, the child must remain in his or her current educational placement pending the outcome of the due process complaint procedures or of a court proceeding. This requirement is referred to as "stay put."⁹⁷

Either a parent or an LEA may file a due process complaint.⁹⁸ The due process complaint must allege a violation that occurred not more than two years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the due process complaint, or, if the state has an explicit time limitation for filing a due process complaint, occurred in the time period allowed by state law.⁹⁹

Within 15 days of receiving the due process complaint, the LEA must convene a resolution session to attempt to resolve the issues unless the parents and LEA agree to waive the session. If the issues are not resolved, the due process hearing may occur. If the complaint is not resolved through mediation, a resolution meeting, or a due process hearing, either party to the complaint can file a civil suit.¹⁰⁰

The due process hearing is conducted by an impartial hearing officer.¹⁰¹ The decision of the hearing officer is final, except that any party in a state where the hearing is conducted by the LEA may appeal the findings and decision to the SEA, who in turn must conduct an impartial review. If the hearing was held in a state where the SEA conducted the hearing, then either party can file a civil lawsuit. The party filing the lawsuit has 90 days from the date of the decision of the hearing officer or, if applicable, the decision of the state review official, to file the lawsuit; or, if the state has an explicit time limitation for bringing civil action, the lawsuit must be filed in the time period allowed by state law.¹⁰²

The IDEA regulations require each state to adopt written procedures for resolving complaints that allege LEA violations of the statute or regulations. In its analysis of comments and changes to the final regulations, ED distinguishes between the due process complaint process and the state complaint process as follows:

The due process complaint procedures and the State complaint procedures are separate and distinct. The State complaint procedures remain a viable alternative to the due process procedures for parents to resolve disputes with public agencies in a less formal and more cost effective manner.¹⁰⁴

Unlike requests for mediation or for complaints filed under due process procedures, where only a parent or an LEA can file a complaint, a state complaint can be filed by any organization or individual, including those from another state. State complaint procedures must ensure that complaints will be resolved within 60 calendar days from the date the complaint is filed unless an extension is permitted.¹⁰⁵

IDEA's disciplinary provisions are intended to "balance school safety issues with the need to ensure that schools respond appropriately to a child's behavior that was caused by, or directly and substantially related to, the child's disability."¹⁰⁷ IDEA addresses both the school's authority in disciplining students with disabilities and the rights of the students to receive FAPE. In general, a child with a disability is not immune from disciplinary procedures; however, these procedures are not identical to those for children without disabilities.¹⁰⁸

If a child with a disability commits an action that would be subject to discipline, school personnel have several immediate options. These include

• removing a child from his or her current placement to another setting or suspension for up to 10 school days;¹⁰⁹
• placing the child in an interim alternative education setting for up to 45 school days for situations involving weapons or drugs, or if the student has inflicted serious bodily injury on another person while at school;¹¹⁰ and
• asking a hearing officer to order a child to be placed in an interim alternative educational setting for up to 45 school days if the hearing officer determines that maintaining the current placement of the child is substantially likely to result in injury to the child or others.¹¹¹

If an LEA seeks to change the placement of a child with a disability for more than 10 days, the LEA must first determine

(I) if the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or (II) if the conduct in question was the direct result of the local educational agency's failure to implement the IEP.¹¹²

This determination is referred to as a "manifestation determination." The reason for the determination is IDEA's recognition "that a child with a disability may display disruptive behaviors characteristic of the child's disability and the child should not be punished for behaviors that are a result of the child's disability."¹¹³

If the child's behavior is not a manifestation of a disability, long-term disciplinary action such as expulsion may occur, except that educational services may not cease.¹¹⁴ If the behavior is a manifestation of the disability, the IEP team must conduct a functional behavior assessment and implement a behavior intervention plan for the child, if this has not been done before.¹¹⁵ If there was a behavioral intervention plan, it must be reviewed and modified as necessary to address the behavior.¹¹⁶

Except for certain circumstances involving weapons, illegal drugs, or serious bodily injury, when the conduct is a manifestation of the disability, the child must return to the placement from which he or she was removed unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.¹¹⁷ If the parent of a child with a disability disagrees with any decision regarding placement or the manifestation determination, or an LEA believes that maintaining the current placement of the child is substantially likely to result in injury to the child or others, either may request a due process hearing.¹¹⁸

Nothing in IDEA is to be construed as prohibiting an LEA from reporting a crime committed by a child with a disability to the appropriate authorities. An LEA reporting a crime committed by a child with a disability will ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the agency reports the crime.¹¹⁹

IDEA provides federal funding for the education of children with disabilities and imposes certain conditions for the receipt of federal funds. This section addresses state and local (1) funding allocations; (2) expenditure requirements, including maintenance of effort provisions; and (3) compliance with IDEA provisions through federal and state monitoring and enforcement requirements.

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Acknowledgments

This report draws on previous reports written by [author name scrubbed], Legislative Attorney, and former CRS analysts [author name scrubbed] and [author name scrubbed].