Guest guest Posted October 10, 2010 Report Share Posted October 10, 2010  FYI ----- Forwarded Message ---- To: lrgreen_4@... Sent: Thu, October 7, 2010 2:01:10 PM Subject: 's Law Passes October 8, 2010 President Obama Signs ’s Law ’s Law, a law that would remove the terms “mental retardation†and “mentally retarded†from federal health, education and labor policy and replace it with the term, “intellectual disability†and/or “individual with an intellectual disability†has been signed by President Obama and now becomes law.  The changes would occur as laws and documents come up for revision over the next several years. Sen. Barbara Mikulski, D-Md., the bill’s sponsor stated: “For far too long we have used hurtful words like ‘mental retardation’ or ‘MR’ in our federal statutes to refer to those living with intellectual disabilities.  ’s Law will make a greatly-needed change that should have been made well before today — and it will encourage us to treat people the way they would like to be treated.†The language does not change the rights of individuals with disabilities but requires use of a more acceptable term. Tolleson, Executive Director of NDSC states: “While some may view ’s Law as nothing more than ‘political correctness’, the truth is that language matters, particularly when it comes to governmental laws and policies. One simple change of wording can positively impact how lawmakers and administrators approach legislation related to individuals with disabilities.†’s Law is named for Marcellino, a land girl with Down syndrome.  Restraint and Seclusion Bill Introduced in Senate Senator Dodd (D-CT) and Senator Burr (R-NC) have introduced The Keeping All Kids Safe Act (S 3895). The House version of this bill, which passed earlier this year, strongly supported by NDSC, prohibited inclusion of restraint and seclusion in individual education programs (IEPs).  This bill was prompted by several reports (e.g. Government Accounting Office, National Disability Rights Network) that showed widespread use of these dangerous techniques which resulted in the deaths of students. Unfortunately, however, the new Senate version of the bill would allow school districts to include restraint and seclusion in (IEPs) if students had a two-year history of dangerous behaviors that could result in serious bodily injury and a functional behavioral assessment and behavioral intervention plan that was developed and implemented by professionals. School administrators strongly advocated for a bill that would allow use of these techniques. NDSC has serious concerns about a bill that would allow the restraint and seclusion to be included in IEPs. An excellent summary of concerns can be found at www.ourchildrenleftbehind.com. This site also includes a link to the Senate bill.   Senators Introduce Bill to Repeal CLASS Act  On September 23, 2010 Senator Lindsey Graham (R-SC) along with Senators Chambliss (R- GA), Coburn (R-OK), Cornyn (R-TX), and McCain (R-AZ) introduced theLong-Term Care Bailout Prevention Act S. 3829, a bill to repeal the Community Living Assistance Services and Supports Act (CLASS Act).  The CLASS Act, which passed as part of the Affordable Care Act, creates a new nationwide long term insurance program that will assist people in meeting their long term service needs and still have assets in their own name. Currently Medicaid, which is the only funding stream for expensive long-term services requires that individuals have no more than $2000 in assets and limited income. NDSC will strongly oppose this bill.  To read more about the CLASS Act go to http://capwiz.com/ndsccenter/utr/1/ASSKNIGFFW/ANPONIGYBG/5892136021.    If you no longer wish to receive e-mail from us, please click here. Quote Link to comment Share on other sites More sharing options...
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