History

State and national activities, events and policies impacting people with developmental disabilities.

This pamphlet is dedicated to the thousands of people who have committed their time, effort and leadership to create public policies that help individuals with developmental disabilities have access to the same quality of life that we all enjoy in this country.

1886

State

An Act to establish a school for the “deaf, mute, blind, and feebleminded” youth of Washington Territory. “That a territorial school be established to be known as The Washington School for Defective Youth” located in Vancouver, Washington.

1915

State

A Territorial School is established at Medical Lake and serves 1530 people (now called Lakeland Village).

1935 - 1939

State

Children’s Benevolent League of Washington (The Arc of Washington State) is established. A group of parents organize to “arouse public interest in all mentally and physically handicapped individuals in the State of Washington and the raising of the standards of care which they receive.”

Western State Custodial School was established (now called Rainier School).

Federal

Social Security Act adopted.

1950 - 1960

State

More families keep their children at home and establish “special education programs.”

Families requesting more support than government provided (1,000 people on waiting list).

Yakima Valley School established.

Fircrest School established.

State funding approved to provide grants to agencies for sheltered workshops and supervised work opportunities.

Establishment of Adult Developmental Centers for people with more significant disabilities.

Federal

First meeting of the National Association of Parents and Friends of Mentally Retarded Children (National Arc)

1960 - 1968

State

Legislative Budget Committee report explored the future of facilities which served people with mental retardation—focus on “prevention and expanded” services including half-way houses (group homes) and sheltered workshops.

Epton Center Act to establish “Group Training Homes” was passed.

Washington adopted a mixed system of state and county services and county developmental disabilities advisory boards were established.

Marks the highest number of people who lived at state schools (4,200) – newspapers printed “horror” stories of conditions of facilities and lack of staffing.

Federal

President’s Panel of Mental Retardation established.

1970 - 1974

State

Governor Evans consolidated the Department of Institutions, Health; Public Assistance and Vocational Rehabilitation into the Department of Social and Health Services (DSHS) and services for people with developmental disabilities were placed there.

House Bill 90, “Education for All”, passed mandating special education legislation in Washington State.

Francis Haddon Morgan Center established to treat children with Autism.

The Mental Retardation Facilities Construction Act was adopted.

The Americans with Disabilities Administration was funded, providing each state with University Affiliated Programs, Protection and Advocacy and Developmental Disabilities Councils.

Establishment of Case Services Section within the Office of Developmental Disabilities to provide and/or coordinate a comprehensive community based care service program that was readily accessible and responsive to the needs of people with developmental disabilities.

Federal

Federal “Education for All” (Public Law 94-142) was adopted.

Federal Title XIX regulations were finalized and Washington began accepting federal dollars.

Title XIX Amendment to the Social Security Act was passed, establishing Medicaid services.

The Rehabilitation Act was adopted.

1975 - 1979

State

The Legislature authorized the Bureau of Developmental Disabilities to formulate a plan to reduce the populations in current institutions by moving people into community facilities that meet new Title XIX requirements.

Home Aid program was established to provide family’s therapy services and respite care both in and out of the home.

People First (a self-advocacy organization) created several chapters in Washington.

1980 - 1986

State

Funding was provided to establish “tenant support” residential placements in the community.

Depicted as “the worst [year] in recent memory for disabled person.” Budgetary cutbacks meant less money for support services in education; staff decreases at state institutions; and fewer monthly days of service at developmental centers.

Washington special education law amended to include preschoolers.

Child Abuse Amendments, which contained Baby Doe protections, were adopted.

Federal

The Omnibus Budget Reconciliation Act allowed the state to apply for waivers to Medicaid to allow for federal Medicaid funds to be utilized for community services. Washington applied for and received a community alternatives waiver that provided Title XIX funding for community services.

1987 - 1993

State

State Developmental Disability statutes were revised to include the community services that had developed over recent years.

Title XIX surveyors decertified five of six state institutions and several large community nursing homes. The Legislature agreed to appropriate money to move people out of large facilities.

State Operated Living Alternatives (where state employees provide community residential services) established.

Naive Offender legislation was passed.

The Legislature decided some parts of state institutions should be certified as nursing homes.

The Legislature appropriated funding for students who were leaving public schools and transitioning into jobs or day programs.

The Legislative Budget Committee funded three different studies to review services and costs provided by the Division of Developmental Disabilities.

Interlake School at Medical Lake was closed.

Federal

The Americans with Disabilities Act (ADA) was passed federally.

Federal Title XIX regulations were revised.

1994 - 1999

State

SB 5800 was passed which allows any savings in the Division of Developmental Disabilities system to stay in the system to be used for the unserved.

The Birth to Three project was placed under DDD management.

Management of adult family home funding for people with
developmental disabilities was transferred from Aging and Adult Services to DDD.

SB 6751 was passed which calls for a choice driven service system and a long-range plan to serve all people with developmental disabilities over the next 6 years.

Management of foster homes for children with developmental disabilities, who were not under child protective services, was transferred from the Children’s Administration to the DDD.

SB 5693 established the Developmental Disabilities Endowment Trust Fund.

The Arc of WA State filed a suit against the state of WA claiming discrimination against people with developmental disabilities in receiving Medicaid services.

The Allen lawsuit, filed by WA Protection & Advocacy System was settled.

Federal

On June 22nd the US Supreme Court issued the “Olmstead v. L.C.” decision, re-affirming the right of persons with disabilities to move out of institutions and receive care in the community.

The Federal Rehabilitation Act was reauthorized for five more years.

The Individuals with Disabilities Education for All Act (IDEA) was reauthorized.

2000

State

4 cottages were closed in the state institutions.

SHB 1218 expanded nurse delegations to group homes.

SJR 8214 amended the state Constitution to allow trust fund monies in the DD Endowment Trust Fund to be invested in a portfolio.

SSB 6502 added additional training requirements for adult family homes, boarding homes and group homes that serve people with developmental disabilities.

The Attorney General of Washington signed onto an amicus brief supporting the ADA against attack in the Garret case heard before the Supreme Court.

Providers of adult family homes for people with developmental disabilities were finally paid the same as providers for the aging population.

Federal

The federal Developmental Disabilities Act, including a family support section, was reauthorized for another 7 years.

H.R.4074 was offered in Congress – The Developmental Disability Endowment Act, to create tax-exempt status.

2001

State

DDD received a 12.1 per cent increase in its budget, raising it to $1.18 billion.

H.B. 2230 Ticket to Work maintains medical coverage for people who go to work.

SSB 5184 gives DSHS responsibility to notify relevant agencies of investigative outcomes.

SHB 1320 has DSHS develop a program to mitigate dislocation of residents of adult family homes.

Arc vs. Quasim lawsuit settled.

2002

State

Passage of HB 1444 anti-bullying legislation. This law requires school districts to develop policies that prohibit harassment, intimidation, and bullying on school grounds and at school activities.

Legislature appropriated $14 million as first phase of Arc vs. Quasim wait list suit.

Legislature converted $21 million of DDD state Family Support and Transition service dollars into a “cash subsidy” (SSP).

Legislature eliminated state SSI supplement and other important state funded services due to economic downturn associated with September 11 attacks on World Trade Center and the passage of several Washington state initiatives that reduced state revenue sources.

2003

State

State faced a $2.6 billion dollar shortfall; unemployment second highest in USA. Adult Medicaid dental cut by 25%, eliminating essential dental coverage; children’s health care premiums used to balance the budget; no new funding for graduating high school transition students to receive employment services.

Budget provided funding to “downsize” Fircrest.

$2.5 million increase in community residential for up to 14 persons in crisis.

$17.3 million to provide a 75 cent wage increase for home care workers.

Waiting list for Family Support grew to 8,000.

Judge dismissed The Arc of Washington State, et al v. Quasim lawsuit; Arc appealing.

Federal

President’s Committee on Mental Retardation changed its name to President’s Committee on Intellectual Disabilities.

2005

State

In the closest Governor’s race ever, the Secretary of State and Legislature certified democrat Christine Gregoire, Governor of the state.

State faced a projected $2.2 billion deficit.

2SHB 1791 - Creating community developmental disabilities trust account (aka the Dan Thompson Memorial Trust Account) with proceeds from unused property at Rainier School and Lakeland Village.

SHB 1711 - Revising marking requirements for parking places for persons with disabilities to remove “disabled” language.  This is legislation initiated by Self Advocates in Leadership (SAIL).

SHB 1876 - Expanding the voting rights of persons under guardianship.

ESHB 2126 - Providing accommodations to dependent persons who are victims and witnesses.

SB 5311 - Creating an Autism Task Force.

SHB 2124 - Increasing state participation in public transportation.

$4.1 million to support 600 students graduating from high school.

$2.5 million for 1,500 low income families to be served by Family Support pilot.

$4.2 million to expand community residential services for 39 people.

$182,000 to create a DD Advisory Council to the Governor to study a “preferred continuum of developmental disabilities residential services.”

Fircrest was “downsized” to 190 residents.

Ninth Circuit rules on Arc vs. Quasim lawsuit that the state has the right to limit the number of people on the Home and Community based waivers.

2006

State

For the first time in several years, the state did not face a deficit.  Instead, it had a $1.5 billion surplus, though most of it needed to go to entitlement programs, collective bargaining agreements and pension funds.

Significant legislation passed:

HB 1107 - Mandates school district participation in birth-to-three early intervention services for children with disabilities by the year 2009.

SB 6630 - Puts DD Community Protection Program policy into state statute.

HB 2479 - Requires all counties to provide disability access voting 20 days prior to (and including the day of) an election.  It also requires county elections advisory councils that include people with disabilities.

HB 2475 - Gives independent providers the right to collectively bargain over personal care hours.

SB 5305 - Prohibits vaccinating pregnant women and children under three with vaccines that contain murcury.

HB 2914 - Imposes fines and actions against DD residential service providers who are out of compliance with certification standards.

HB 1080 - Expands the definition of criminal mistreatment to include the withholding of basic necessities of life by a person responsible for providing those necessities.

HB 2759 - Allows public bodies that have purchased or improved properties under Referendums 29 and 37 to transfer those properties to non-profits serving people with disabilities.

Budget Highlights:

$1.4 million to support 250 students graduating from high school.

$1.4 million for additional case management support.

$2.0 million Supported Living rate increase.

$784 thousand to expand community residential and support services for 12 individuals.

$483 thousand to provide community residential and support services for 7 clients.

$300 thousand to fund DD Community Protection legal services for clients entering or receiving services in this program.

$1.1 million to respond to a Special Education lawsuit.

2007

State

State again finds itself with surplus funds.

Significant legislation passed:

SB 5467 - Individual & Family Services, also known as the Lance Morehouse Jr. bill - Puts in state law the Individual and Family Services Program.  Program is without regard to parental income and allows the provision of respite to Medicaid Personal Care Parent Providers.

HB 1050 - Graduation Ceremonies; also known as “Kevin’s Law.”  Allows students receiving Special Education services to participate in graduation ceremonies with their peers.

HB 2284 - Training for In Home Care Providers; creates a committee to develop the curriculum and hours necessary to be an individual provider.

SB 5320 - Creates a pilot program using public guardians.

SB 5340 - Definition of Disability; reinstates a group of individuals with a disability back into the ADA definition.

Budget Highlights:

$5.0 million for employment of 748 graduates and other adults.

$1.1 million for 40 adults living with senior parents.

$4.9 million for 1,300 families to receive Family Support.

$14.2 million for 236 individuals to be supported in the community.

$125 thousand to create a DVD for professionals and parents of children with autism.

$60 thousand for Autism Parent Support in Eastern Washington.

$8.8 million for 112 individuals needing community protection.

$500 thousand for legal services.

$15.3 million for provider wage increases.

Other:

A very controversial medical intervention provided to a 6 year old girl with profound disabilities was performed.  It consisted of high doses of estrogen to bring about permanent attenuation of her size, removal of her breast buds, and a hysterectomy.

The American College of Obstetricians and Gynecologists recommend that all pregnant women, regardless of age, be given a prenatal test to detect Down Syndrome.

2008

State

Adds excess property identified at Francis Haddon Morgan Center, Yakima, Lakeland and Rainier Residential Habilitation Centers to the Dan Thompson Trust account.  Proceeds in the account provide Family Support and Employment services to unserved individuals.

Establishes October for Disability History month established in K-12 and higher education.

Recommend an autism supplement for educational plans regarding autism.

Awareness of autism through Childfind.

Direct OSPI to submit a plan for teacher training on autism by November 2008.

Establishes an access coordinator for the administrative office of the courts.

Budget Highlights:

$1.9 million to create an Intensive Behavior Support program to provide in-home services that assist families with children with behavior issues to avoid out of home placement.

$15 million dollars appropriated to implement “shared living” lawsuit settlement.

2009

State

Once again our country and state faced a huge economic downturn.

The unemployment rate for the state was 9.3% and Governor Gregoire and the legislature faced an $8 billion dollar deficit.  The federal government intervened by providing states federal stimulus money so more jobs could be created to get the economy moving. The legislature took a different tactic and took state dollars from the state budget and replaced them with federal funding that ends in 11 months.  This helped stopped some of the more drastic cuts from happening but when the federal monies are gone there will be huge state budget shortfalls.

In regard to cuts in the Division of Developmental Disabilities, $88 million dollars of state funding has been eliminated.

Reductions were:

  • Medicaid Personal Care (MPC) hours reduced by 3 percent
  • Individual and Family Support reduced by $1 million
  • Service providers and counties were cut on average 3%
  • Legal services for Community Protection eliminated
  • Adult Day Health reduced by $1.8 million
  • Medicaid vision/hearing eliminated (dental rates reduced back to 2005 rates)
  • DD institutions consolidated cottages and reduced staff
  • 9 DD central office positions were eliminated
  • Once again the closure of a state institution failed to pass the House, even though the Governor and Senate supported it.

On the positive side funding was provided for 60 people to have an alternative other than a state institution; funding was provided for 32 people with community protection needs, and about 1,000 people who had been “state only” funded for employment or residential were placed on the waiver to obtain the federal Medicaid match.  In regards to bills supported, passed and signed by the Governor, they included:

  • Intensive In-home Behavior Supports to help families learn how to support their child at home
  • Allows siblings and grandparents who are primary caregivers to receive respite Prohibits in-home care providers who are family members to become agency providers
  • Replaces the term “mental retardation” to “intellectual disabilities” in our state statutes
  • Initial work for adults with developmental disabilities who are in jail to be served properly by jail staff (develop a screening tool and training for adults with DD in jails or correctional facilities)

In addition, a JLARC (Joint Legislative Audit and Review Committee) study on county administered services such as employment day and child development services will be conducted. The report, due September 1, 2010, must provide a description of how funds are used and the rates paid to vendors, and a recommendation on best practices the agency may use for the development of a consistent, outcome-based contract for services provided under contract with the counties. DDD must develop and implement the use of a consistent, statewide outcome-based vendor contracts for employment and day services by April 1, 2011. The rates paid to vendors under this contract must also be made consistent.

The legislators also directed the Office of Financial Management (OFM) to do a study of the feasibility of closing state institution beds by contracting with consultants with expertise in this area. They need to consider alternate facilities, the cost of operating the facility, impact of the facility on the local economy and alternative uses for a facility recommended for closure. They will also look at the impact on clients in the facility and their families. OFM has to submit a final report by November 1, 2009. The report must provide a recommendation and a plan to eliminate 250 funded beds in the residential habilitation centers through closure or consolidation of facilities.

2009 - 2010

State

National recession creates a state $12 billion dollar deficit that is made whole by tax increases and state service cuts

Significant legislation passed:

Establishes the Children’s Intensive Behavior Support program to provide in-home assistance for children with significant behavioral challenges and their families

Allows respite care for primary care providers who receive the state only Individual/Family Support Program

Provides for equitable access to mental health services for children

Replaces the term “mental retardation” with ”intellectual disabilities” in state statutes

Budget Highlights:

Added state only funded employment participants to the Basic Medicaid waiver to retain their services and gain federal financial funding

Reduce state institution expenditures but failed to close either Yakima Valley Nursing Facility or Francis Haddon Morgan

$500,000 to study consolidation/closure of state institutions

Reduce employment and residential providers by 3%

Fund Joint Legislative Audit and Review Committee to study county employment services

Directs DSHS to assess all state institution clients with same assessment as used for individuals in community services

Provides employment funding for ’09 and ‘10 high school graduates

Federal Highlights:

Congress and President pass federal stimulus funding to help states deal with their budget crisis

Congress and President pass major health care overhaul