BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             ACR 60              
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          |Author:    |Santiago                                             |
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          |Version:   |May 20, 2015                               Hearing   |
          |           |Date:   June 17, 2015                                |
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          |Urgency:   |No                     |Fiscal:    |No              |
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          |Consultant:|Lynn Lorber                                          |
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          Subject:  Education:  students with disabilities

            SUMMARY
          
          This resolution resolves that the Legislature affirms that state  
          policies and procedures should use People First Language to the  
          greatest extent possible.

            BACKGROUND
          
          Existing federal and state law require that every pupil with  
          exceptional needs be provided a free appropriate public  
          education in the least restrictive environment.  (United States  
          Code, Title 20, § 1400 et seq. and Education Code § 56000 et  
          seq.)

            ANALYSIS
          
          This resolution resolves that the Legislature affirms that state  
          policies and procedures should use People First Language to the  
          greatest extent possible, especially those used by State and  
          local educational agencies.  Specifically, this resolution:

          1)States that:

             a)   The language used to refer to students with disabilities  
               has a profound impact in shaping beliefs and attitudes  
               about these students, driving policies and laws,  
               influencing our feelings and decisions, and affecting  
               students' daily lives.







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             b)   Old, inaccurate, and inappropriate descriptors about  
               students with disabilities perpetuate negative stereotypes  
               and attitudinal barriers.

             c)   When we identify or describe students with disabilities  
               primarily in terms of their disability or medical  
               diagnosis, we undervalue and stigmatize them.

             d)   People First Language is an objective form of  
               communication that eliminates generalizations and  
               stereotypes by focusing on the person rather than the  
               disability.

          2)Resolves that the Legislature affirms that state policies and  
            procedures should use People First Language to the greatest  
            extent possible, especially those used by state and local  
            educational agencies.



          STAFF COMMENTS

       1)Need for the bill.  According to the author, "Using thoughtful  
            terminology can foster positive attitudes about students with  
            disabilities.  One of the major improvements in communicating  
            verbally or in writing with or about students with  
            disabilities is People First Language, which places the person  
            ahead of his or her disability.  ACR 60 will encourage greater  
            respect for children with special needs."

       2)Existing efforts to use People First Language.  The California  
            Strategic Plan on Reducing Mental Health Stigma and  
            Discrimination was adopted by the Mental Health Services  
            Oversight and Accountability Commission on June 25, 2009.   
            This plan supports the use of non-stigmatizing terms, such as  
            People First Language.

       Members of the Advisory Commission on Special Education received  
            orientation and information on the use of People First  
            Language at their August 13, 2014 meeting.

       Several areas of State statutes have been amended in recent years  
            to update terminology, using People First Language (see  








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            Comment # 4).

       3)Fiscal impact.  This resolution is keyed as non-fiscal.

       4)Prior legislation.  AB 1847 (Chesbro, Ch. 144, 2014) among other  
            things, changed references from "incompetent person" to  
            "person lacking legal capacity to make decisions," and from  
            "the mentally ill, mentally defective or epileptic" to  
            "persons with developmental disabilities or mental health  
            disorders."

       SB 364 (Steinberg, Ch. 567, 2013) among other things, changed  
            references from "mentally disordered persons" to "persons with  
            mental health disorders," and from "developmentally disabled  
            persons" to "persons with developmental disabilities."

       SB 1381 (Pavley, Ch. 457, 2012) among other things, changed  
            references from "mentally retarded persons" to "persons with  
            intellectual disabilities." 

       AB 2662 (Committee on Education, Ch. 589, 2012) among other things,  
            changed references from "mentally retarded pupils" to "pupils  
            with intellectual disabilities."

            SUPPORT
          
          United Domestic Workers of America - American Federation of  
          State, County and 
               Municipal Employees Local 3930

            OPPOSITION
           
           None received.

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