Saturday, June 01, 2013

CAD and the AB 455 California Bill

The AB 455 bill is looking more like a bill that needs to be thrown out because it lacks an official definition for the term "Deaf" seen here in the bill. Unless the bill can provide an official definition to the term "Deaf" then perhaps the bill can be saved rather than scrapped.

But there's a problem.

The confusion could be blamed on zealots who wanted to change the definition of the word "Deaf" with the capitalized "D" to mean all inclusive of those with a hearing loss from mild to profound, whether they know sign language or not.  In fact, you have people like Dr. Genie Gertz, Ella Mae Lentz, and  others who are in the same boat and would even agree with what Dr. Grushkin said,
I choose to capitalize "Deaf" for all Deaf (and Hard of Hearing) people, not to signify any cultural affiliation, but to emphasize the common ethnicity of Deaf people. I believe that the d/D distinction is unnecessarily divisive, cumbersome, and ultimately more trouble than it is worth, although it did serve an important purpose in its time. But using Deaf for all does not signify cultural membership, just as not all Black people are necessarily part of Black culture or all Jews are practicing religious Jews.
And compare that to the official definition of "Deaf" according to Carol Padden and Tom Humphries, in Deaf in America: Voices from a Culture (1988) who invented the capitalized, big D, word explains the meaning and difference between "D"eaf and "d"eaf:
We use the lowercase deaf when referring to the audiological condition of not hearing, and the uppercase Deaf when referring to a particular group of deaf people who share a language – American Sign Language (ASL) – and a culture. The members of this group have inherited their sign language, use it as a primary means of communication among themselves, and hold a set of beliefs about themselves and their connection to the larger society. We distinguish them from, for example, those who find themselves losing their hearing because of illness, trauma or age; although these people share the condition of not hearing, they do not have access to the knowledge, beliefs, and practices that make up the culture of Deaf people.
In short, the term "Deaf" has always been defined as people who are culturally deaf and signs in ASL. That already defined word has already entered into the collective conscious minds of people for almost three decades. But people have a nasty habitat on putting the term "Deaf" into a bill or a bylaw without providing an official definition as a clarification.

California Association of the Deaf bylaws is another good example who used the term "Deaf" peppered throughout but no definition explaining the meaning "Deaf." Yet also, their bylaws make no reference to the term "hard of hearing," either. They didn't write down "Deaf and hard of hearing" in their bylaws like the AB 455 bill did but used only the  "Deaf" term instead. In other words they made the term "Deaf" to mean all inclusive those with a hearing loss from mild to profound rather than to mean only for culturally deaf people.

 At the very bottom of the bylaws CAD has a definition of the term "Deaf":
"Deaf is a term that includes all the individuals: born deaf, deafened in early, sometimes late childhood, for whom American Sign Language and Deaf community/culture collectively represent their primary experience and existence regardless of hearing disability they have.”
Was that an official definition of "Deaf" from CAD? Curiously so in their most recently updated bylaws as of August of 2011 they presented no definition for the term "Deaf" in various forms such as "Deaf community," "Deaf individuals," and the single term "Deaf."

Over the last three decades Deaf (culturally deaf) people have made a point that they "own" the word "Deaf" and for it to mean explicitly one thing, a deaf culture group that uses ASL. They have always agreed with Padden and Humphries' definition of that term.
Deaf with a capital D is a cultural term, rather than an audiological one. As defined by Carol Padden and Tom Humphries in Deaf in America: Voices from a Culture (1988), Deaf refers ‘to a particular group of deaf people who share a language—American Sign Language (ASL)—and a culture.”
Hence, it's understandable seeing the confusion of the bill's language writing in "Deaf and hard of hearing" into the bill when earlier it was written as "deaf and hard of hearing."  Exactly what is the official definition of the term "Deaf" seen in the AB 455 bill?

Well? What is it?

I'm waiting.

UPDATE: Of course, this is something that Tara Congdon failed to realize in her "investigative" reporting on CNN that the bill lacked any definition for the term "Deaf" which might become the unexpected monkey wrench. We'll wait and see, and get a more definitive report elsewhere whether the bill might present a problem or not.

3 comments:

Tara Congdon said...

Someone just pointed me to your blog, and I absolutely agree with you that the definition of d/D raises questions about the bill and definition of what group(s) is/are directly affected. I did notice that change; however, for the sake of brevity and to address one specific misconception that was being circulated, I chose to focus on what appeared to be the primary question (would ALL deaf children in California be forced to learn ASL?). I didn't want to drag a half dozen other questions and complex discussions into the article, but to keep it simple and on one topic (if the article was three pages long, who would read the whole thing!? :)). I'd be happy to follow up with another article if people want me to go back and talk to Medina's office and external legislative analysts about your question. I already do have one more question that I'll be pursuing with this bill and either do a follow-up CNN article or post it on my own blog depending on what I get.

But ... my own thoughts about d/D:

The question about the definition of exactly what d/D means is another valid question to ask about the bill. I did not ask Assemblyman Medina or his legislative director specifically about that question because their answers appeared to me to clarify that not all deaf children will be forced to learn ASL; only those who already use it have the option to take the standards via ASL. Could someone in the future take a stand on semantics and argue that the ASL standards apply only to children who identify as D? That's a valid question to ask. Could others attempt to broaden the bill's definition to include ALL deaf children because they believe all deaf children are automatically Deaf? Certainly something to ask, but my understanding is that the clause that limits the standards to those who ALREADY use ASL settled that question for the time being because it intentionally narrows the scope of the first subsection. Again, if it doesn't satisfy some, I'm happy to pursue it further. Feel free to contact me if you'd like to discuss it.

I also saw your question about where I found the action alert ... multiple places on Facebook. I'm not sure which group you were referring to, but several people pointed to several places, including pages and open and closed groups. My copy and paste was from CIO's page. Just filling in that info for the sake of transparency. Always happy to answer questions.

Anonymous said...

Questions: Are they the same people who involved against the AB 2072 to pursue the new AB 455?

Don't forget about the vlog that ASLElla announced about the AB 2072 -- it's similar to this bill, she have said that "we need to push ASL the upmost and first priority to all the Deaf children" all along.

http://www.youtube.com/watch?v=LSDV194yePk&list=UUGr7Xo5tVhG2p9wkqeNHVkg&index=94

Mike said...

Anony @ 5:45 AM,

I have no idea. But changing one of the phrase in the bill from "deaf and hard of hearing" to "Deaf and hard of hearing" was a signature mark of an influential Deaf (culturally deaf) person who had access to Assembly Person Jose Medina in getting that changed.