BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1381|
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                                 THIRD READING


          Bill No:  SB 1381
          Author:   Pavley (D), et al.
          Amended:  4/10/12
          Vote:     21

           
           SENATE HEALTH COMMITTEE  :  7-0, 3/28/12
          AYES:  Hernandez, Harman, Anderson, Blakeslee, De León, 
            Rubio, Wolk
          NO VOTE RECORDED:  Alquist, DeSaulnier


           SUBJECT :    Mental retardation:  change of term to 
          intellectual disability

           SOURCE  :     The Arc and United Cerebral Palsy in California


           DIGEST  :    This bill deletes in state law references to 
          "mental retardation" or a "mentally retarded person" and 
          instead replaces them with "intellectual disability" or "a 
          person with an intellectual disability."  

           ANALYSIS  :    Existing law refers to "mental retardation" or 
          "a mentally retarded person" in numerous state statutory 
          provisions, including provisions relating to psychiatric 
          technician regulation, the state's unfair competition 
          statute, educational and social services, commitment to 
          state facilities, and criminal punishment.

          This bill:

          1. Deletes references to mental retardation or a mentally 
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             retarded person and instead replaces them with 
             "intellectual disability" or "a person with an 
             intellectual disability."  

          2. Prohibits this bill from being construed as making a 
             substantive change in law or a change to services being 
             provided or eligibility standards in effect at the time 
             of enactment of this bill.

          3. States legislative intent to increase respect for people 
             with disabilities by eliminating use of the outdated, 
             offensive, and misleading terms "mental retardation" and 
             "mentally retarded."

          4. States that it is the intent of the Legislature to not 
             make a substantive change in law or a change to services 
             or the eligibility for services in revising this 
             terminology.

          5. States that as used in a state regulation or state 
             publication or other writing, the terms "mental 
             retardation" and "mentally retarded person" have the 
             same meaning as the terms "intellectual disability" and 
             "person with intellectual disability," unless the 
             context or an explicit provision of federal or state law 
             clearly requires a different meaning.

          6. States that it is the intent of the Legislature that 
             state agencies revise state regulations, and state 
             publications and other writings change the terminology 
             as required by this act when there is another reason to 
             revise the regulation, publication, or other writing, 
             thus eliminating any additional state cost.

           Background
           
          The Resource Network International contracted with the 
          Kansas University Center for the Study of Family, 
          Neighborhood and Community Policy to do an in-depth study 
          related to the past and current use of the term "mental 
          retardation" in the context of government programs.  
          Published in 2002, the study, entitled "Usage of the Term 
          'Mental Retardation:' Language, Image and Public 
          Education," found there are many definitions of mental 







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          retardation but four are the most prevalent; the term 
          "mental retardation" is used consistently in the United 
          States far more than other terms and the next most 
          consistent equivalent term is "intellectual disability," 
          which is used in British Commonwealth countries and by the 
          International Society for the Scientific Study of 
          Intellectual Disabilities; there has recently been a move 
          away from the term "mental retardation" but no substitute 
          has been agreed upon; the general consensus among activists 
          and responders to surveys (advocates, clinicians, families, 
          parents, or other professionals) is that the term has 
          negative connotations, although many concede that any 
          substitute for the same population will also soon develop 
          stigmatizing qualities; there is also fear among some that 
          a name change will endanger entitlement programs, but the 
          current momentum is to change the term.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

           SUPPORT  :   (Verified  4/10/12)

          The Arc and United Cerebral Palsy in California (source)
          Advance Education Inc.
          Autism Speaks
          Best Buddies California
          California Academy of Child and Adolescent Psychiatry
          California Disability Services Association
          California Speech-Language Hearing Association
          California Supported Living Network
          California Toolworks, Inc.
          Community Integrated Work Program Inc.
          Contra Costa ARC
          Developmental Disabilities Board Area 5
          Disability Rights Education and Defense Fund
          Futures Explored
          Goodwill Southern California
          The Help Group
          Imperial County Office of Education
          Interdisciplinary Council on Developmental and Learning
          Jay Nolan Community Services
          National Association of Social Workers, California Chapter
          North Bay Regional Center
          PRIDE Industries







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          Regional Center of the East Bay
          ResCare Friendship Developmental Services
          Sacramento | Yolo Mutual Housing Association
          San Diego-Imperial Counties Developmental Services, Inc.
          San Luis Obispo County Special Education Local Plan Area
          San Ramon Valley Unified School District
          Service Employees International Union California
          Special Needs Network, Inc.
          Spectrum Center Schools and Programs
          United Cerebral Palsy of Sacramento and Northern California

           ARGUMENTS IN SUPPORT  :    This bill is sponsored by The Arc 
          and United Cerebral Palsy in California, a coalition of 
          people with intellectual and other disabilities and their 
          families, friends and service providers whose goal is to 
          eliminate the "R-word" in state law.  The sponsors argue 
          eliminating this stigmatized, hurtful term in all usage is 
          a high priority for the developmental disabilities 
          community in order to build respect for people with 
          intellectual disabilities.  The sponsors state the "R-word" 
          was once intended to be a term of respect, but times and 
          terms have changed, and it is now used to inflict 
          intentional or unintentional pain, including bullying and 
          hate crimes.


          CTW:kc  4/10/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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