Mikulski, Enzi Applaud Passage of Rosa's Law

Press Release

.S. Senators Barbara A. Mikulski (D- Md.) announced that her bill introduced to eliminate the terms "mental retardation" and "mentally retarded" from federal education, health and labor laws passed the Senate on Thursday night by unanimous consent. Senator Mike Enzi (R-Wyo.), ranking member of the Senate Health, Environment, Labor and Pensions Committee, was one of the original co-sponsors.

"This bill was driven by a passion for social justice and a compassion for the human condition," Senator Mikulski said.

The inspiration for the law came from the actions of a family in Edgewater, Maryland. Last year, a mother of four named Nina Marcellino found out her youngest daughter, Rosa, a child with Down syndrome, had been labeled retarded at school. Nina didn't allow the R-word in her house, and none of her children described their sister that way. Nina teamed up with other parents and her state delegate to introduce a bill to change the terminology in Maryland state law. Before the bill was brought up for consideration in the Maryland General Assembly, they held a hearing on the implications of changing the term.

There were several witnesses at that hearing, but the testimony that had the greatest impact was given by an 11-year-old boy: Rosa's brother, Nick. "What you call people is how you treat them," Nick said. "What you call my sister is how you will treat her. If you believe she's "retarded,' it invites taunting, stigma. It invites bullying and it also invites the slammed doors of being treated with respect and dignity."

Senator Mikulski met Nina at a roundtable discussion on special education last April. Nina told the Senator about Rosa's Law and their plans to bring it up for consideration in the state Assembly. Senator Mikulski promised Nina that if the state law passed the Assembly, she'd take it to the Senate floor. Two weeks later, Rosa's Law was unanimously approved by the General Assembly and then signed into law by Governor O'Malley.

Rosa's Law changes the phrase "mentally retarded" to "an individual with an intellectual disability" in health, education and labor law. It makes the language in federal law consistent with that used by the Centers for Disease Control, the health arm of the United Nations, and the White House through the President's Committee for People with Intellectual Disabilities.

"The bill is simple in nature but profound in what it will do when it is enacted," Senator Enzi said. "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. While the way people feel is important, the way people are treated is equally important. Rosa'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 Marcellinos story is a perfect example of effective citizen advocacy," Senator Mikulski said. "They pulled together to pull us all to another way of thinking. They fought for the respect and dignity of a loved one. The more than 6 million people with intellectual disabilities in America deserve that same respect and dignity."

A similar bill has been introduced in the House and has 63 cosponsors. The law does not affect any services, rights, responsibilities or educational opportunities for people with intellectual disabilities.

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