R E M O V I N G R E M A I N I N G B A R R I E R S T O F U L L I N C L U S I O N1996 – 2005“Though progress has been made in the lastdecade, too many barriers remain. Too manyAmericans with disabilities remain trapped inbureaucracies of dependence and are deniedthe tools and access necessary for success...People with disabilities want to be employed,educated, participating, tax-paying citizensliving in the community and contributing tothe economic and social fabric of Americanlife. And, in today’s global new economy,America must be able to draw on the talentsand creativity of all its citizens.”President George W. BushAnnouncing his “New Freedom Initiative”on February 1, 2001During this decade…The U.S. Supreme Court further advancesdeinstitutionalization and creation of community alternativesby holding that federal law prohibits unjustified isolationof people with disabilities in institutions. The court alsosupports the notion that a state can be required to fundcommunity placements by moving resources from theinstitution to the community. President George W. Bushissues an executive order calling for swift implementationof this decision.The federal government, through the Medicaid Waiverprogram, supports implementation of “self-directedservices,” through which people with disabilities and theirfamilies are given an individual budget and responsibility toindependently purchase services and supports as identifiedin their individual program plan. California implements pilotprograms in five regional centers and signals its intent toexpand this policy initiative in coming years.For the first time ever in California, a governor is recalled.In the face of the biggest budget deficit in the state’shistory, Governor Gray Davis loses his office to ArnoldSchwarzenegger. The continuing fiscal crisis in the stateis acutely felt by regional centers and many providers ofcommunity services. The controversy over the funding ofcommunity services becomes a major issue for regionalcenters, clients, families and advocates, and the stateLegislature.Twenty-five years after the first closure of a state institution,Stockton Developmental <strong>Center</strong> closes. A year later theinstitution in Camarillo also closes. State institutionscontinue to be cited for their failure to protect the healthand welfare of their residents even after more than 40 yearsof scrutiny, judicial orders toimprove conditions, and successin moving many residents to thecommunity. In the face of theseconditions and of the clearmandate to de-populateinstitutions, a vocal group ofparents supported by stateemployees within theinstitutions, resist furtherclosings. While the state’scommitment to closure ismaintained, it becomes clear that the pace of movingpeople out of institutions and into the community willbe unacceptably slow.22
Historical highlights…1996 StocktonDevelopmental<strong>Center</strong> closes. Asatellite campusof California StateUniversity, Stanislaus,opens on this site thefollowing year.Napa State Hospitalagain starts servingpeople withdevelopmental disabilities, after an eight-year hiatus.Seven state hospitals – Agnews, Camarillo,<strong>Lanterman</strong>, Fairview, Napa, Porterville and Sonoma –serve a total of 4,500 people with developmentaldisabilities.Two inmates with developmental disabilitiesincarcerated in the California prison system file aclass action suit (Clark v. State of California) againstthe state, alleging that they have been discriminatedagainst on the basis of their disability by notreceiving adequate accommodations, protectionand services necessary for them to adapt toprison. A settlement two years later establishes aDevelopmental Disability Program under which theDepartment of Corrections screens inmates fordevelopmental disabilities and places identifiedinmates in designated institutions with staffingand programming to meet their needs.1997 The Individuals with Disabilities Education Act isreauthorized and includes a provision for the fundingof Parent Training andInformation <strong>Center</strong>s,funded by the Officeof Special EducationPrograms of the U.S.Department ofEducation. Thepurpose of thesecenters is to providetechnical assistance toparents of infants,children and youngadults with disabilities,and professionals whowork with theirfamilies. This assistance helps parents participatemore effectively with professionals in meeting theeducational needs of children and youth withdisabilities.Camarillo State Hospital and Developmental <strong>Center</strong>closes. The authorizing legislation passes by anoverwhelming majority.The net reduction of 2,000 persons from the statedevelopmental centers, as specified in the CoffeltSettlement of 1993, is achieved one and one-halfyears ahead of schedule. This is a majorachievement for regional centers.David Strauss and several colleagues release the“Strauss Report” that uses statistical analysis of astate database to argue that there is a higher rate ofmortality among clients living in the community thanamong clients residing in developmental centers.While its methodology is questioned and its findingsare never replicated, the study generates wide presscoverage throughout California. The San FranciscoChronicle runs a series of articles presentingcommunity-based services as a system in crisisbecause of underfunding and poorly qualified directcare staff, particularly in residential facilities. <strong>Regional</strong>centers are criticized for not ensuring the quality ofservices provided in the community.Basing their argument on the “Strauss Report,”unions representing state employees and theCalifornia Association of State Hospital ParentCouncils for the Retarded argue against additionalclosures of state developmental centers. As a result,Agnews State Developmental <strong>Center</strong>, scheduledto close, is removed from the closure list. DennyAmundson, the director of DDS, resigns in protestamid controversy.Prompted by the “Strauss Report” and theaccompanying controversy, Senator Mike Thompsonconducts statewide hearings tosolicit recommendations forimproving community-basedsupports and services. Provisionsin two subsequent bills, SB 1039(Thompson) and SB 391 (Solis) areintended to ensure appropriatemonitoring of people who movefrom state developmental centersinto the community. Provisionsinclude reinstatement of quarterlymonitoring of clients living inresidential care facilities; transferof formal assessment of qualityof life of people living in thecommunity from regional centers to area boards;and movement of the position of client rightsadvocate from regional centers to Protectionand Advocacy, Inc. (PAI).23