Understanding Rosa's Law: Its Impact And Provisions

Rosa's Law is a United States law that replaced instances of the term mental retardation with intellectual disability in federal legislation. The bill was introduced in 2009 by Barbara Mikulski and was signed into law by President Barack Obama in 2010. The law is named after Rosa Marcellino, a nine-year-old girl with Down syndrome who advocated for the removal of the term mentally retarded from health and education codes in her home state of Maryland. This change in terminology aims to address the negative public sentiment associated with the previous term and provide respect and equality for individuals with intellectual disabilities.

The term mental retardation is replaced with intellectual disability in federal law

Rosa's Law is a United States law that replaces the term "mental retardation" with "intellectual disability" in federal legislation. The bill was introduced in 2009 by Barbara Mikulski and was signed into law by President Barack Obama in 2010. The law is named after Rosa Marcellino, a nine-year-old girl with Down syndrome who advocated for the removal of the term "mentally retarded" from health and education codes in her home state of Maryland.

The term "mental retardation" has been used in court documents and diagnoses for decades and has often been considered inappropriate and offensive. The negative public sentiment surrounding this term and its derivatives has led to its removal from federal statutes. Rosa's Law is a part of an ongoing euphemism treadmill, with previous terms such as "idiot", "moron", and "imbecile" being replaced due to their negative connotations.

Rosa's Law amends several federal laws and regulations related to education and healthcare, including the Rehabilitation Act of 1973, the Individuals with Disabilities Education Act, the Elementary and Secondary Education Act of 1965, the Higher Education Act of 1965, and the Health Research and Health Services Amendments of 1976. The law also amends the Public Health Service Act, the Health Professions Education Partnership Act of 1998, the National Sickle Cell Anemia, Colley's Anemia, Tay-Sachs, and Genetic Diseases Act, and the Genetic Information Nondiscrimination Act of 2008.

The amendments specify that the term "intellectual disability" will carry the same meaning as "mental retardation" and that "individuals with intellectual disabilities" will refer to those previously termed "mentally retarded". The law also stipulates that federal agencies must state in their regulations that "intellectual disability" was previously referred to as "mental retardation". Additionally, it clarifies that the measure is not intended to change coverage, eligibility, rights, responsibilities, or definitions in existing laws or compel states to make similar changes in state laws.

The Rehabilitation Act of 1973 is amended by Rosa's Law

Rosa's Law is a United States law that came into effect in 2010. It mandates the replacement of the term "mental retardation" with "intellectual disability" in federal legislation. The bill was introduced by Barbara Mikulski (D-MD) in the United States Senate on November 17, 2009, and was named after Rosa Marcellino, a nine-year-old girl with Down syndrome. Rosa Marcellino, along with her parents and siblings, had successfully advocated for the removal of the term "mentally retarded" from the health and education code in her home state of Maryland.

Rosa's Law is a significant step towards respecting the dignity of individuals with intellectual disabilities and removing insensitive and stigmatizing language from official documents. The law amends the Rehabilitation Act of 1973, which previously used the term "mental retardation" to refer to individuals with significant limitations in intellectual and cognitive functioning. The new law replaces this outdated terminology with the term "intellectual disability," reflecting the current understanding of the medical community and respecting the rights of individuals with such disabilities.

The Rehabilitation Act of 1973, as amended by Rosa's Law, now includes specific substitutions for the term "mental retardation." For example, in section 7(21)(A)(iii) of the Act, "mental retardation" has been replaced with "intellectual disability." Similarly, in section 204(b)(2)(C)(vi), "mental retardation and other developmental disabilities" has been substituted with "intellectual disabilities and other developmental disabilities." These changes ensure that the law aligns with the latest medical terminology and respects the individuals to whom it refers.

Rosa's Law also amends the definition of "individual with a significant disability" in the Rehabilitation Act of 1973. This definition now includes individuals with "one or more physical or mental disabilities," including intellectual disabilities, that result in substantial functional limitations. This change ensures that individuals with intellectual disabilities are recognized and protected under the Act.

The amendments made by Rosa's Law to the Rehabilitation Act of 1973 are not intended to alter the coverage, eligibility, rights, responsibilities, or definitions in the existing law. They are solely focused on updating the terminology used to refer to individuals with intellectual disabilities. Additionally, the law does not compel states to make similar changes in their state laws, respecting their autonomy to use terminology as they deem fit.

The Individuals with Disabilities Education Act is amended by Rosa's Law

On November 19, 1975, Congress passed the first federal special education law, the Education of All Handicapped Children Act (EHA) or Public Law 94-142. This law established the right of school-aged students with disabilities to receive a "free appropriate public education" (FAPE). In 1990, the EHA was amended and renamed the Individuals with Disabilities Education Act (IDEA).

Rosa's Law is a United States law that replaced instances of "mental retardation" in several acts, including IDEA, with "intellectual disability". The bill was introduced in the United States Senate on November 17, 2009, by Barbara Mikulski and was signed into law by President Barack Obama on October 5, 2010. The law is named after Rosa Marcellino, a girl with Down syndrome who, along with her family, successfully advocated for the removal of the words "mentally retarded" from Maryland's health and education code.

Rosa's Law amended IDEA by substituting "intellectual disabilities" for "mental retardation" in sections 601(c)(12)(C) (20 U.S.C. 1400(c)(12)(C)) and 602(3)(A)(i) and (30)(C) (20 U.S.C. 1401(3)(A)(i) and (30)(C)). These amendments were implemented through regulatory revisions to IDEA, which did not change any substantive requirements.

The Individuals with Disabilities Education Act, as amended by Rosa's Law, continues to uphold and protect the rights of infants, toddlers, children, and youths with disabilities and their families.

The Elementary and Secondary Education Act of 1965 is amended by Rosa's Law

The Elementary and Secondary Education Act of 1965 (ESEA) has been amended several times since its enactment, including through the Every Student Succeeds Act (ESSA) in 2015 and Rosa's Law.

Rosa's Law is a United States federal law that replaced references to "mental retardation" with "intellectual disability" or "intellectual disabilities" in several pieces of legislation, including the Elementary and Secondary Education Act of 1965. The bill was introduced in the United States Senate in 2009 by Barbara Mikulski and was named after Rosa Marcellino, a nine-year-old girl with Down syndrome who successfully advocated for the removal of the term "mentally retarded" from Maryland's health and education code.

Rosa's Law amended section 7202(16)(E) (20 U.S.C. 7512(16)(E)) of the ESEA by substituting "intellectual disabilities" for "mental retardation." This change brought the ESEA into alignment with evolving terminology and sentiments regarding intellectual disabilities. The law also revised the authority section for 34 CFR 222 and 34 CFR 222.50 to include a citation to Rosa's Law, ensuring proper attribution and recognition of the legislative change.

The amendments made by Rosa's Law to the ESEA are part of a broader shift in terminology that has occurred since the early 1900s. Previously, terms like “idiot,” “imbecile,” and “moron” were commonly used in court documents and diagnoses. In the 1960s, the term "mental retardation" came into use, and with the passage of Rosa's Law, these terms are now described as profound, severe, and moderate levels of intellectual disability.

In addition to the ESEA, Rosa's Law also amended sections of the Rehabilitation Act of 1973, the Individuals with Disabilities Education Act (IDEA), the Higher Education Act of 1965 (HEA), and the regulations within the Code of Federal Regulations (CFR) that pertain to these laws. These amendments ensured consistency in terminology across various pieces of legislation and their associated regulations.

The ESEA, as amended by the ESSA and informed by Rosa's Law, continues to play a crucial role in shaping elementary and secondary education in the United States. The act provides federal funding to support educational programs, instructional materials, professional development, and parental involvement, with a focus on equal access to education and closing achievement gaps between students.

The Higher Education Act of 1965 is amended by Rosa's Law

Rosa's Law is a United States law that replaced instances of the term "mental retardation" with "intellectual disability" in federal legislation. The bill was introduced in 2009 by Barbara Mikulski, passed the Senate unanimously in 2010, and was signed into law by President Barack Obama on October 5, 2010. The law is named after Rosa Marcellino, a nine-year-old girl with Down syndrome who successfully advocated for the removal of the term "mentally retarded" from health and education codes in her home state of Maryland.

Rosa's Law amended several acts, including the Rehabilitation Act of 1973, the Individuals with Disabilities Education Act (IDEA), the Higher Education Act of 1965 (HEA), and the Elementary and Secondary Education Act of 1965 (ESEA). Specifically, Rosa's Law amended section 760(2)(A) of the HEA by removing the words "mental retardation or." This change was implemented in the Code of Federal Regulations, where the reference to "mental retardation or" was removed from 34 CFR 668.231(b)(1) and the words "mentally retarded" were replaced with "individuals with intellectual disabilities" in 34 CFR 674.51(l)(1).

The Higher Education Act of 1965 was signed into law by President Lyndon B. Johnson on November 8, 1965, as part of his Great Society domestic agenda. The act aimed to increase federal funding for universities, create scholarships, provide low-interest loans for students, and establish a National Teachers Corps. It has been reauthorized and amended multiple times since its passage, with the most recent reauthorization occurring in 2008 through the Higher Education Opportunity Act (HEOA). The HEA provides financial assistance to college students and strengthens the educational resources of colleges and universities in the United States.

The HEA has eight titles or sections, each covering different aspects of higher education. Title IV, for example, authorizes and provides funding for scholarships, low-interest loans, and work-study programs for students. It includes well-known programs such as Pell Grants and Stafford Loans. The HEA also directly funds college continuing education programs, school libraries, and teaching resources.

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