HOUSE BILL REPORT
2SHB 2008
As Passed Legislature
Title: An act relating to eliminating the use of intelligence quotient scores in determining eligibility for programs and services for individuals with developmental disabilities.
Brief Description: Eliminating the use of intelligence quotient scores in determining eligibility for programs and services for individuals with developmental disabilities.
Sponsors: House Committee on Appropriations (originally sponsored by Representatives Taylor, Fitzgibbon, Peterson, Ramel, Santos, Sells, Shewmake, Valdez, Ryu, Macri, Berg, Bateman, Ormsby, Frame, Davis, Lekanoff and Pollet).
Brief History:
Committee Activity:
Housing, Human Services & Veterans: 1/25/22, 1/28/22 [DPS];
Appropriations: 2/4/22, 2/5/22 [DP2S(w/o sub HHSV)].
Floor Activity:
Passed House: 2/11/22, 68-28.
Senate Amended.
Passed Senate: 3/4/22, 43-5.
House Concurred.
Passed House: 3/7/22, 57-41.
Passed Legislature.
Brief Summary of Second Substitute Bill
  • Prohibits the Developmental Disabilities Administration from using intelligence quotient scores in determining eligibility for programs and services beginning July 1, 2025.
HOUSE COMMITTEE ON HOUSING, HUMAN SERVICES & VETERANS
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass.Signed by 6 members:Representatives Peterson, Chair; Taylor, Vice Chair; Bateman, Chopp, Donaghy and Leavitt.
Minority Report: Without recommendation.Signed by 2 members:Representatives Caldier, Ranking Minority Member; Gilday, Assistant Ranking Minority Member.
Staff: Serena Dolly (786-7150).
HOUSE COMMITTEE ON APPROPRIATIONS
Majority Report: The second substitute bill be substituted therefor and the second substitute bill do pass and do not pass the substitute bill by Committee on Housing, Human Services & Veterans.Signed by 30 members:Representatives Ormsby, Chair; Bergquist, Vice Chair; Gregerson, Vice Chair; Macri, Vice Chair; Stokesbary, Ranking Minority Member; Chambers, Assistant Ranking Minority Member; Corry, Assistant Ranking Minority Member; MacEwen, Assistant Ranking Minority Member; Caldier, Chandler, Chopp, Cody, Dolan, Fitzgibbon, Frame, Hansen, Harris, Hoff, Jacobsen, Johnson, J., Lekanoff, Pollet, Rude, Ryu, Senn, Springer, Steele, Stonier, Sullivan and Tharinger.
Minority Report: Without recommendation.Signed by 3 members:Representatives Boehnke, Dye and Schmick.
Staff: Mary Mulholland (786-7391).
Background:

The Developmental Disabilities Administration (DDA) is a division of the Department of Social and Health Services (DSHS) that assists persons with developmental disabilities and their families to obtain services and support based on individual preferences, capabilities, and needs.  People served by the DDA live in the community, in residential habilitation centers, and in institutional settings.

 

Eligibility for DDA services depends on whether a person has a qualified developmental disability, has a functional need, and meets certain income and asset standards.  The services provided are designed to promote everyday activities, routines, and relationships common to most people, and include housing, medical care, personal care, and job training.

 

To qualify for DDA services, a person must have an intellectual disability, cerebral palsy, epilepsy, autism, or another neurological or other condition similar to an intellectual disability or require treatment similar to that required for individuals with intellectual disabilities.  The disability must:

  • have originated before the person turned eighteen;
  • be expected to continue indefinitely; and
  • result in substantial limitations.

 

The DDA may not use intelligence quotient (IQ) scores as the sole determinant of developmental disability.
Summary of Second Substitute Bill:

Beginning July 1, 2025, the DDA may not use IQ scores for determining an individual has a developmental disability.  Individuals determined eligible for DDA services under criteria in place prior to July 1, 2025, must maintain their eligibility for services.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.
Staff Summary of Public Testimony (Housing, Human Services & Veterans):

(In support) The IQ scores are an outdated and antiquated measure based on racist and eugenic ideas.  The IQ scores are not a good measure of support needs and are weighted too heavily in determining eligibility for services.  Eligibility should be based on functional assessment and diagnosis.  People can have very high IQ scores but need help with daily needs, such as bathing and dressing.  People with borderline IQ scores are denied services they need.  The state needs to build and fund systems that serve people with developmental disabilities.  The IQ scores act as a budget gatekeeper that prevents people from accessing needed services.  Fetal alcohol syndrome should be included in the definition of developmental disability.

 

(Opposed) There are lots of questions about how this bill will impact people currently receiving services.  People currently receiving services need to be able to weigh in on any changes to eligibility criteria.

 

(Other) This bill may create unintended consequences.  It is already difficult to qualify for services.  The IQ scores should be allowed as a presumptive determination for services.
Staff Summary of Public Testimony (Appropriations):

(In support) The use of intelligence quotient (IQ) scores is not necessary for DDA eligibility determinations because individuals must already show that they have support needs.  The IQ standard causes harm to an already under-resourced community.

 

(Opposed) None.
Persons Testifying (Housing, Human Services & Veterans): (In support) Representative Jamila Taylor, prime sponsor; Ramona Hattendorf, The Arc of King County; Ros Damm and Ivanova Smith, People First of Washington; Jennifer Wisdahl; Robert Wardell; Adana Protonentis, Washington State Developmental Disabilities Council; Emily Fung and Ky Ly, Open Doors for Multicultural Families; Ayen Elmi, Washington Multicultural Services Link; and Adrienne Stuart, Washington State Developmental Disabilities Council.
(Opposed) Kelley Nesbitt.
(Other) Ashley Greenberg, Northwest Justice Project; and Darya Farivar, Disability Rights Washington.
Persons Testifying (Appropriations): Adrienne Stuart, Washington State Developmental Disabilities Council.
Persons Signed In To Testify But Not Testifying (Housing, Human Services & Veterans): None.
Persons Signed In To Testify But Not Testifying (Appropriations): None.