By MITCHELLE STEPHENSON For the Capital
Published January 29, 2009
The first step in getting a bill turned into law in the Maryland General Assembly is to have it heard in committee.
On Tuesday, with a gentle snow falling outside the House Health and Government Operations Committee meeting room, HB-20, also known as "Rosa's Law," got its first hearing. The law would mandate that the current terminology, "mentally retarded," be changed to "intellectually disabled" on state health and education paperwork.
Rosa Marcellino, 7, of Edgewater is the Rosa of Rosa's Law. She was born with Down syndrome. When her mother Nina Marcellino went to Central Elementary School to enroll Rosa in kindergarten in 2007, she was shocked to learn that the state attached the label mentally retarded to the paperwork for the incoming student. "I considered this term an insult," Mrs. Marcellino said.
In fact, many in the disability community consider the term "retarded" to be an outmoded label for people with a variety of intellectual disabilities - not just those affected with Down Syndrome.
Christine Marchand, executive director of the Maryland Arc, explained that the change in terminology has been ongoing in the disability community over the course of several decades.
"In the 1980s, families and people with developmental disabilities marched forward at The Arc's national convention to have the name changed," Ms. Marchand said. The Arc was previously known as the Association for Retarded Citizens. "Even the A-R-C as an acronym was dismissed because of the 'R'," she added.
Mrs. Marcellino's encounter with the school system not only upset her but also motivated her to take action. She started making phone calls to anyone who would listen. She called the PTA; The Arc of Anne Arundel County; Maryland Arc.
Eventually, she contacted Del. Ted Sophocleus, D-Linthicum, who drafted a bill to have that designation changed in state health and education paperwork. That bill, HB-20, was pre-filed in November 2008, and got its first committee hearing in the new session of the General Assembly on Tuesday.
Mrs. Marcellino helped to identify witnesses to testify. One of the first on the panel was Nick Marcellino, Rosa's 13-year-old brother. He came representing not only himself, but also his sisters Gigi and Maddie.
He gave moving testimony from a sibling's perspective. "On any given day at school, at the mall, on a sports field or in the movies, me and my sisters hear, 'that's so retarded,' or 'you're such a retard,' " Nick said. Throughout his testimony, he talked about how it felt to have kids say those words. "We're not allowed to use that word, so when my mom told me that my sister's school was using the words 'Mentally Retarded' to describe Rosa, I couldn't understand that," he said.
He wrapped up by saying, "some say we shouldn't worry about the words, just the way we treat people, but when you think about it, what you call people is how you treat them."
Nick's testimony was followed by some VIPs in the disability and education communities, among them: the executive director of Maryland Arc, a representative from school principals, a representative from the school psychologists' association. In all over 20 people spoke to the importance of changing this law, and even more delivered written testimony supporting the change.
But not one person testified that the label should remain.
"The bill will pass, there is no opposition. The bill will pass and become law," said Del. Bob Costa, R-Deale, who represents Mrs. Marcellino's district, adding that he wanted to make a motion during the hearing to pass it in committee, but that the staff attorney wanted to make sure that there wouldn't be any conflicts with federal law.
"It's a great bill and Rosa's brother was a deciding factor. He presented himself well and his leadership convinced everybody that this was a great bill," Mr. Costa said yesterday.
The next step for the bill will be to move from committee to the floor of the House, then for the Senate to adopt similar legislation. Hopefully at the end of the 90-day session, a conference bill will be approved, reconciling any differences between the two chambers. Then it will be up to the governor to sign it into law. As the bill is written, it would take effect Oct. 1 of this year.
