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Rosa’s Law and HB 1481

Rosa’s Law and HB 1481. TETN August 16, 2011. Federal Law. January 5, 2010 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:s2781enr.txt.pdf Strikes “mental retardation” and inserts “intellectual disability” in federal laws and regulations

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Rosa’s Law and HB 1481

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  1. Rosa’s Law and HB 1481 TETN August 16, 2011

  2. Federal Law • January 5, 2010 • http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:s2781enr.txt.pdf • Strikes “mental retardation” and inserts “intellectual disability” in federal laws and regulations • No intent to compel states to change terminology

  3. HB 1481 Excerpts (b) In enacting or revising statutes or resolutions, the legislature and the Texas Legislative Council are directed to replace, as appropriate, terms and phrases listed by Subsection (a) with the following preferred phrases or appropriate variations of those phrases: (1) "persons with disabilities"; (2) "persons with developmental disabilities"; (3) "persons with mental illness"; and (4) "persons with intellectual disabilities." SECTION 4. Subchapter C, Chapter 7, Education Code, is amended by adding Section 7.063 to read as follows: Sec.7.063. PERSON FIRST RESPECTFUL LANGUAGE PROMOTION. The commissioner shall ensure that the agency uses the terms and phrases listed as preferred under the person first respectful language initiative in Chapter 392, Government Code, when proposing, adopting, or amending the agency’s rules, reference materials, publications, and electronic media.

  4. SAAH References Page 183 Example 4: A student in special education attends a special education class at the nearby Mental Health Mental Retardation (MHMR) Center (sheltered workshop). School district personnel teach this class Page 344 (Glossary) NoncategoricalEarly Childhood – Term used to describe a student aged 3 through 5 who meets the eligibility criteria for intellectual disability244, emotional disturbance, learning disability, or autism. 244 The term "mental retardation" has been replaced with "intellectual disability" in this handbook per the provisions of House Bill 1481, 82nd Texas Legislature, 2011, related to use of person first respectful language in reference to individuals with disabilities. Note that this revised terminology has not been incorporated in 19 Texas Administrative Code Chapter 89, Subchapter AA, Commissioner's Rules Concerning Special Education Services, as of the publication date of this handbook .

  5. PEIMS References This will be updated for the 2011-2012 Data Standards ASAP

  6. Legal Framework • Mental Retardation Framework has been updated and will become Intellectual Disability Framework

  7. Guidance • Districts should begin referring to students as students with intellectual disabilities and not mentally retarded students or students with mental retardation. • Avoid references to mentally ill, developmentally disabled, or disabled. • Refer to persons or students with • mental illness • developmental disabilities • disabilities

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