Strikes term ‘mentally retarded’ from federal statutes

Chicago Sun-Times, Southern Maryland Online

The measure will eliminate the terms “mental retardation” and “mentally retarded” from federal education, health and labor laws.

“This law takes ‘mentally retarded’ out of the federal law books and replaces it with ‘intellectual disability,’ a change that will have a positive effect on more than 6 million Americans,”  said Sen. Barbara Mikulski (D-Md.), one of the measure’s sponsors.

Earlier posts here.

Would eliminate term ‘mentally retarded’ from federal law

Press releases from Sen. Barbara Mikulski, The ARC of the United States:

Acting unanimously, the House of Representatives last night approved a bill to remove the terms “mentally retarded” and “mental retardation” from federal education, health and labor laws. The measure, called “Rosas’ Law” in honor of a Maryland girl who has Down syndrome, has already passed the Senate and is expected to be signed into law by President Obama.

“This law is about families fighting for the respect and dignity of their loved ones,” said Sen. Barbara Mikulski (D-Md.), one of the measure’s sponsors. “This change will have a positive effect on more than 6 million Americans.” She said the law will make the language of federal law consistent with that used by the Centers for Disease Control and the United Nations, and will not affect any services, rights, responsibilities or educational opportunities for people with intellectual disabilities.

Rosa’s law substitutes the terms “intellectual disability” and “individual with an intellectual disability” for the earlier terms, now considered outdated and stigmatizing by many self-advocates and their families. It does not cover entitlement programs, which include SSI, Medicare, Medicaid and Social Security.

Peter V. Berns, CEO of The ARC of the United States, hailed the measure’s passage as “another historic milestone in our movement.”

“We understand that language plays a crucial role in how people with intellectual disabilities are perceived and treated in society,” Berns said in a statement. “Changing how we talk about people with disabilities is a critical step in promoting and protecting their basic civil and human rights.”

From Thegovmonitor.com:

New Jersey Gov. Chris Christie this week signed legislation that removes outdated and demeaning descriptions of people with disabilities from state law and regulation.

The bill eliminates such terms as “mentally retarded” and “feeble-minded,” which are considered offensive by many. Replacing them are terms like “intellectual disability” and “developmental disability.” The new law also promotes what is called “person-first” language, as in “a person with a disability,” rather than “a disabled person.”

“We live in the 21st Century and our laws must reflect that distinction,” said Governor Christie. “Those with intellectual disabilities are an important part of the fabric of New Jersey.  Using antiquated, degrading terms to describe individuals with disabilities is an affront to the integrity of the person and their family, and below our common decency as a people.  I am proud to move the language of New Jersey’s laws and regulations beyond such terminology.”

See also:

Gov. Chris Christie approves NJ law removing offensive references to people with disabilities — NJ.com

NJ bans the word ‘retarded’ — Newser.com

Christie signs law updating how NJ refers to ‘disabled’ — NorthJersey.com

New law removes disrespectful language from statutes — NewJerseyNewsroom.com

From KGTV-10News, San Diego, Business Week:

A federal appeals court has ruled that two Chipotle Mexican Grill restaurants violated the ADA by denying customers in wheelchairs the “Chipotle experience” of watching their food prepared because the restaurants’ counters are too high.

Marking the 20th anniversary of the signing of the Americans with Disabilities Act, Cincinnati writer and advocate Deborah Kendrick says the law has brought lasting improvements to American society. An excerpt from her essay in the Columbus [Ohio] Dispatch:

… the ADA sent a clear message to the American people — indeed, to the world — that every person counts. That’s what the law said in essence, and if we care enough to make a law about a thing, then it seeps into our bones and changes how we look at things.

Some subsequent laws and unspoken courtesy codes have eliminated rude words like cripple and spastic and retard. Instead of telling people who have physical or mental disabilities to stay home, as we once did, we more often now celebrate their accomplishments. The unemployment rate may still be at a staggering 70 percent, but most employers know not to fire or decline to hire a qualified worker because of his or her disability.

The 1990 Americans with Disabilities Act may not have brought utopia, but as I tell a young college student with a disability that my college did not have to accept me based on my qualifications, that landlords and insurance agents could legally refuse to sell me services, as I tell her these things and witness her total incredulity, I know we have much to celebrate.

From NBC Washington:

Officials in Alexandria, Virginia, have decided the city can no longer afford to offer free metered parking to drivers using disabled parking placards. The change, which goes into effect in September, is expected to generate $133,000 in revenue for the city in its first year alone.

City officials say the switch is designed to combat parking fraud, as well as to respond to gripes by consumers without disabilities. Critics say the city should step up enforcement, not penalize legitimate placard holders.

“We get complaints: Why is this segment of the public actually parking at no cost, and that cost is then being borne, then, by the general user of parking within the right of way?” said Richard Baier, Director of Alexandria’s Transportation and Environmental Services.

Related posts here.

From the Sacramento Bee,  San Francisco Chronicle, and the Central Valley [CA] Business Times:

The California Third District Court of Appeal has struck down a state regulation that had allowed trained school personnel — not just school nurses — to administer insulin shots to students with diabetes.

The 2007 regulation had been adopted after parents argued that a shortage of school nurses meant kids with diabetes were in jeopardy of being deprived of a free and appropriate public education unless parents were prepared to come to school throughout the school day to administer injections.

The regulation was challenged by organizations representing school nurses. The American Diabetes Association and California Department of Education argued for keeping the regulation.

Related story from KING5-TV, Seattle:  Nurse shortage pushes students with diabetes into one school; Parents cry foul

A Washington state school district has clustered medically fragile kids in one elementary school, claiming that the students would be served most safely and economically in one location. Most of the relocated students have diabetes.

Parents and advocates complain that consolidating nurses and relocating students with disabilities amounts to a violation of the children’s rights under the Americans with Disabilities Act, and has the effect of separating them from their peers.

“Really, this idea of segregating kids with diabetes isn’t sustainable,” said Scott Heinze, a board member with the American Diabetes Association. He says moving all medically fragile children to the same school sends the wrong message to kids with a manageable illness.

“This idea that we would take young people and segregate them because of the standard of care that they need to manage their disease essentially ostracizes these kids,” said Heinze.

Legal cases challenging similar practices have been launched in at least seven states.

Related posts here and here.