Senate Law Seeks to Replace "Mental Retardation" with "Intellectual Disability" - Community Applauds

Press Release from Senator Mikulski (11/17/09):

SENATOR MIKULSKI INTRODUCES BILL TO STRIKE TERMS “MENTAL RETARDATION” AND “MENTALLY RETARDED” FROM FEDERAL LAWBOOKS

“Rosa’s Law” honors young girl whose brother said, “… what you call people is how you treat them.”

WASHINGTON, D.C. – U.S. Senator Barbara A. Mikulski today introduced “Rosa’s Law,” a bill that will eliminate the terms “mental retardation” and “mentally retarded” from the federal law books. U.S. Senator Michael B. Enzi (R-Wyo.), Ranking Member of the Health, Education, Labor and Pensions Committee, is the Republican sponsor of the bill.

Under Rosa’s Law, those terms would be replaced with “intellectual disability” and “individual with an intellectual disability” in federal education, health and labor law. The bill does not expand or diminish services, rights or educational opportunities. It simply makes the federal law language consistent with that used by the Centers for Disease Control, the World Health Organization and the President of the United States, through his Committee on Individuals with Intellectual Disabilities.

Rosa’s Law replicates a law recently adopted in Maryland. Senator Mikulski first heard about the state law from Rosa’s mother during a roundtable discussion about special education held in Edgewater, Maryland. Due to requirements in the Individuals with Disabilities Education Act (IDEA), each student who receives special education services at public schools has an individualized education program (IEP) that describes the student’s disability and the special education and services that child will receive. Rosa has an intellectual disability – Downs Syndrome – and so was designated as a student with “mental retardation” in her IEP, giving way to people at the school referring to Rosa as retarded. Senator Mikulski promised Rosa’s mother that if the bill became law in Maryland, she would take it to the floor of the United States Senate.

“This bill is driven by a passion for social justice and compassion for the human condition,” said Senator Mikulski, a senior member of the HELP Committee. “We’ve done a lot to come out of the dark ages of institutionalization and exclusion when it comes to people with intellectual disabilities. I urge my colleagues to join me to take a step further. The disability community deserves it. Rosa deserves it.”

 “Mental retardation” and “mentally retarded” are terms commonly used in federal laws, including the Individual With Disabilities Education Act, the Higher Education Act, the Elementary and Secondary Education Act, also known as No Child Left Behind, and the Rehabilitation Act of 1973.

“We know now that words have meaning, sometimes far beyond what we intend,” added Senator Enzi.  “Therefore, we must be very careful about the way we describe the people we see every day, including those with disabilities, or those who are undergoing treatment for a variety of health issues.  Unfortunately, the federal government has not dropped this term from our laws and it still appears in the regulations and statutes that come before our legislative bodies and our courts. I am pleased to have this opportunity to join my colleague from Maryland, Senator Mikulski, in introducing Rosa’s law.  I would like to thank her for her leadership and her commitment on this issue.  Simply put, this legislation will make an important change in the words we use to refer to those with intellectual disabilities.  It is a much needed change in the law that is fully deserving of our support.”

When Rosa’s Law was being considered by the Maryland General Assembly, Rosa’s 13-year-old brother, Nick, successfully testified on her behalf for a substitution of mentally retarded with intellectual disability. He explained, “Some people say they are just words, and it’s not going to make a difference if we just change the words. Some say we shouldn’t worry about the words, just the way we treat people. But when you think about it, what you call people is how you treat them! If we change the words, maybe it’ll be the start of a new attitude towards people with intellectual disabilities. They deserve it.”

“Senator Mikulski’s bill is a most welcome and necessary step in ending the pervasive discrimination against the 7 million people living with intellectual disabilities in this country,” stated Peter V. Berns, the Chief Executive Officer of The Arc of the U.S. “With federal adoption of the term ‘intellectual disability’ perhaps our society and others will begin to understand the legitimacy of the condition and treat those living with it in a more respectful fashion.”

The Arc is the world’s largest community based organization of and for people with intellectual and developmental disabilities. It provides an array of services and support for families and individuals and includes over 140,000 members affiliated through more than 780 state and local chapters across the nation. The Arc is devoted to promoting and improving supports and services for all people with intellectual and developmental disabilities.

Rosa’s Law has garnered support from six additional cosponsors from both sides of the aisle, Senator Sherrod Brown (D-Ohio), Senator Benjamin L. Cardin (D-Md.), Senator Lamar Alexander (R- Tenn.), Senator John Barrasso (R-Wyo.), Senator Richard Burr (R-N.C.), Senator Judd Gregg (R-N.H.), Senator Tom Harkin (D-Iowa), and Senator John Thune (R-S.D.), as well as more than 30 national organizations to date: http://mikulski.senate.gov/_pdfs/Press/Organizations.pdf.

A copy of the Dear Colleague letter circulated by Senators Mikulski and Enzi is available here: http://mikulski.senate.gov/_pdfs/Press/RosasLawDearColleageLetter.pdf.

Senator Mikulski’s full floor statement is here: http://mikulski.senate.gov/Newsroom/PressReleases/record.cfm?id=319975.

From the Disability Policy Collaboration (11/17/09):

The Disability Policy Collaboration Applauds the U.S. Senate’s Introduction of Legislation to Use the Term “Intellectual Disability

Washington, D.C.  – The Disability Policy Collaboration (DPC), a partnership of The Arc of the United States (The Arc) and United Cerebral Palsy (UCP) to advance federal disability public policy, applauds today’s introduction of “Rosa’s Law,” a bipartisan bill introduced by U.S. Senators Barbara Mikulski (D-MD) and Michael Enzi (R-WY). Modeled after a recently enacted law in the state of Maryland, this legislation would substitute the outdated, stigmatizing terms “mental retardation” and “mentally retarded” with the terms “intellectual disability” and “individual with an intellectual disability” in federal health, education and labor policy statutes. The term “intellectual disability” covers the same population of individuals who were previously diagnosed with the term “mental retardation,” and “mentally retarded.” Therefore, the change in terminology would in no way alter the eligibility requirements for services and supports.  “This bill is very important for people with intellectual disabilities who understand that language plays a crucial role in how they are perceived and treated in society and are actively advocating for terminology changes in federal and state laws.   ‘Retard,’ ‘retarded’ and ‘retardation,’ once accepted medical terms, are now often used to demean and insult people,” stated Peter V. Berns, Chief Executive Officer of The Arc. “The Arc believes that changing how we talk about people with disabilities is a critical step in promoting and protecting their basic civil and human rights.” According to Stephen Bennett, President and CEO, UCP, “By using the term ‘intellectual disability,’ we expect citizens of the U.S. and the world to understand and treat people experiencing this condition – whether it is a result of genetics, injury, illness or unknown causes – with dignity and respect. The descriptions of people are very important and imply how we value people, and the Senate’s introduction of ‘Rosa’s Law’ is aligned with the aim of UCP and its nationwide network of affiliates to ensure the inclusion of persons with disabilities in every facet of society.” Senator Mikulski’s statement to the U.S. Senate upon introduction of the bill is available at: http://mikulski.senate.gov/record.cfm?id=319975&. While the DPC supports the U.S. Senate’s introduction of Rosa’s Law, it is only the first step in a lengthy process towards enactment. The Arc and UCP will continue to work together to ensure the bill’s introduction in the U.S. House of Representatives and its progression through the entire legislative process.

Comments

[Lisa]

applaud the senate...
please read this article and add it to your toolbox of people first language, correct/current usage of how we refer to individuals with disabilities.
just take a minute to think about it. its easy to do.
thanks.

[Furball]

That's sad but bad at the same time! I wouldn't want to not like the name of autistic if society uses it inaccurately! I at least wouldn't go against the name of what I have for that! If the word is used in the accurate way and it is what it is in that way it's just like saying autistic or someone is an aspie. Society misuses the word of retardation and inaccurizes it so everyone's so glad to give in to it and change it. That's too bad. I have some friends """with intelectual disabilities""" (at least it doesn't sound as bad as mentally challenged!) and they are amazing. I would say they have retardation in a complimentery way of course like if I say that I also have a friend who has Asperger's Syndrome or something. I'm glad I wasn't involved. Eewwwey!

I'm glad to say that I like what I have.

-mad BPASD Furball

[Brent]

I find it interesting that the ARC was mentioned as a supporter of this, however completely fails to acknowledge that "Retarded" is in THEIR OWN NAME! When will that be changed?

[Dee Wheat]

Sadly, there will be thousands and thousands AND THOUSANDS of dollars spent to replace one label with another, which will in time become just as distasteful as the first. That money could be used much better to actually do some concrete good for people with disabilities...which of course is yet another label that replaced crips, gimps, and similar terms. *Sigh*.

Honestly, I prefer the keychain I found for one of my disability clients.It says," You laugh because I'm different. I laugh because you're ugly." Short, simple,straight to the point and not a single label.

[D.C. Russell]

Orwellian Newspeak!

[Stephanie]

Labels have become outdated throughout history and this is an opportunity to continue changing them to reflect our growing respect for people with disabilities. There is no substitute for the respect that comes with person-first language. Hooray for the attention this is calling to the issue!

[Selma Disabilities Advocacy Program]

It comes a time when all bad things must end, and this is the time to end retard, retardation, mentally challenged and mentally retarded. I say why not, just call all people by their God given names and leave out the medical conditions.Or, we can solicitate to pass a law that will allow people to call each other as they appear to us, such as, round face, big ears, fat lips and see how you will like people calling you names. This comment is submitted by Selma Disabilies Advocacy Program, 701 Lauderdale Street, Selma, AL 36702, (334) 875-6001.