Congressional Acts on behalf of Disabled commonly deploy the language of “as appropriate to [their] individual needs and abilities” in a setting that is “least restrictive of [their] personal liberty” – the language that is effectively used to curtail and often completely suppress the rights of people with Developmental Disabilities.
Below we highlight an excerpt from a Supreme Court ruling that expressly relies on these pronouncements in Congressional Acts as a justification for exclusion of “retarded” people [the old jargon for Developmentally Disabled] from the Equal Protection clause of our Constitutional Law. This 1985 ruling is still in effect in our time in regard to populations classified as Autistic and Developmentally Disabled.
“Thus, the Federal Government has also provided the retarded with the right to receive “appropriate treatment, services, and habilitation” in a setting that is “least restrictive of [their] personal liberty.” Developmental Disabilities Assistance and Bill of Rights Act, 42 U. S. C. §§ 6010(1), (2). In addition, the Government has conditioned federal education funds on a State’s assurance that retarded children will enjoy an education that, “to the maximum extent appropriate,” is integrated with that of nonmentally retarded children. Education of the Handicapped Act, 20 U. S. C. § 1412(5)(B). The Government has also facilitated the hiring of the mentally retarded into the federal civil service by exempting them from the requirement of competitive examination. 444*444 See 5 CFR § 213.3102(t) (1984). The State of Texas has similarly enacted legislation that acknowledges the special status of the mentally retarded by conferring certain rights upon them, such as “the right to live in the least restrictive setting appropriate to [their] individual needs and abilities,” including “the right to live . . . in a group home.” Mentally Retarded Persons Act of 1977, Tex. Rev. Civ. Stat. Ann., Art. 5547-300, § 7 (Vernon Supp. 1985).
Such legislation thus singling out the retarded for special treatment reflects the real and undeniable differences between the retarded and others. That a civilized and decent society expects and approves such legislation indicates that governmental consideration of those differences in the vast majority of situations is not only legitimate but also desirable.”
To get a better feel of the end results of this “legitimate and desirable” treatment we reference here a recent Report by National Council on Disabilities – “The Segregation of Students with Disabilities” – which effectively states that the “most integrated” and/or “least restricted environment” for autistic children as a rule are – the most restrictive currently available in the school systems, both public and private.
The ideal of inclusion for children with disabilities – has translated to confinement in self-contained Special Ed. classrooms and in the segregated schools for developmentally disabled.
Likewise “the exemption from a requirement of competitive examination” – has translated into sheltered workshops and subminimum wage.
“The right to live in least restrictive settings” – has translated into life in mental institutions and strictly controlled segregated group homes.
THESE are the far reaching consequences of the encroached prejudice directed at people with developmental disabilities that still perverts our law!
Here we initiate the list of these Congressional Acts :
Americans with Disabilities Act (ADA),
Individuals with Disabilities Education Act (IDEA),
Americans with Disabilities Act (ADA),
Public Health Service Act ,
—– to be added
Autism Cares Act – Autism Collaboration, Accountability, Research, and Support Act of 2014
Autism CARES Act of 2014
We must bring special attention to the EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES WITH RESPECT TO RESEARCH ON AUTISM SPECTRUM DISORDER by the Autism CARES Act – (Autism Collaboration, Accountability, Research, Education, and Support Act of 2014) – formerly – The Combating Autism Act] !
To help understand this act – its true impact, its history, the driving forces behind it, and what this act represents to human choice we begin with quotes from Wikipedia:
“The Combating Autism Act of 2006, Pub. Law No. 109-416, is an Act of the United States Congress (Senate Bill 843) that was signed into law by President George W. Bush on December 19, 2006. It authorizes nearly one billion dollars in expenditures, to combat the autism spectrum disorders – through screening, education, early intervention, prompt referrals for treatment and services, and research. — The House version grant more authority to scientists to determine research priorities, whereas the Senate’s have included funds for expansion of research into the causes of autism.
– “This bill is a federal declaration of war on the epidemic of autism“, said Jon Shestack, co-founder of Cure Autism Now. “It creates a congressionally mandated road map for a federal assault on autism…”
– “By passing this landmark single-disease legislation, the House has recognized the daily plight of the thousands of families struggling every day with autism, and has once and for all acknowledged autism as a national healthcare crisis,” said Bob Wright, co-founder of Autism Speaks and chairman and CEO of NBC Universal.
– The bill did not include the provisions to research “a broad array of environmental factors that may have a possible role in autism spectrum disorders.”
The way this bill has come to existence follows the same path that in the beginning of the past century has resulted in forceful sterilizations, eugenics, and eventually the genocide of multitudes of ‘mentally retarded people’ all over the world and it is driven by the same forces. History both good and evil repeats itself – this one is hideous. We redirect reader here back to our “Retrospective (Disability)” to refresh our memory.
The forces behind this Congressional Act have the same makeup as those of the past century – clearly epitomized by the powerful parties [quoted above] and their pronouncements – Cure Autism Now, Autism Speaks, and perhaps not by coincidence the NBC – the machinery of falsehoods, scaremongering, and manipulation of public opinion.
Behind them stands an echelon of Special-Interest heavily invested in the bourgeoning human research, constrained by the prohibitions on human experimentation that is rearing its head once again. They have identified and cornered the most vulnerable and they have used their profound influence and wealth to corral them. The public was scared, the lawmakers duped, and the science bought by usual means. Shamefully it is the science which our society has elevated to a position of God which has traded its morality for grants and ambition to underwrite the promise of cure to frightened parents. The Combating Autism Act was unanimously passed, and a few autistic voices of discontent were squelched.
wiki – “The Autistic Self Advocacy Network (ASAN) has criticized the bill. They think that the “‘War on Autism’ approach is not in the interests of people on the [autistic] spectrum” and that it “offends and alienates the autistic community”. Instead of attempts to “cure” autism, ASAN advocates other methods to improve the quality of life of autistic people.”
In the recognition of this discontent – the industry has acquiesced and renamed this act into Autism CARES – why not – the sheepskin of care has worked before, and the new bill is seeking to double the funds.
We unequivocally state here that Autism CARES Act is a war on autistic people of ever increasing proportions [see the money – Public Health Service Act Sec. 399EE, 409C] providing a cover and public money for wide ranging human research and experimentation on autistic populations under the guise of autism care
