#ocr a in case anyone else is out there too ....

[ess-presso]

did my first bio level on wednesday and me and my mates were discussing the fact that one of the qs was asking for a banned substance in sports , and i put anabolic steroids , another friend put testosterone , and another. put oestrogen

[warrioreowynofrohan]

Noldorin Rulers - A Public Policy Analysis

Fëanor

A civil servant’s nightmare; the kind of person that makes one want to beat their head against the wall. Extremely stubborn once he has chosen a course of action; little to no inclination towards planning ahead; regards anyone who disagrees with him as an enemy.

In his extreme rush to depart from Valinor, he leaves behind items of extreme value for intelligence and communication, the palatíri. If they could see as far as Beleriand from Valinor, using them prior to leaving would have been highly prudent. In addition to preventing him from being completely blindsided by the very existence of Angband, it would have told him that Olwë’s brother was the ruler of a substantial realm in Middle-earth that was under attack by Morgoth, thus providing a much stronger argument when seeking to convince the Teleri to join in the Return (“Your brother needs your help!” is clearly a better case than “You’re all ungrateful assholes”).

Even if the palatíri couldn’t be used at such a distance, bringing them along would still have bern invaluable. Using them upon arrival would have, again, provided the knowledge that Morgoth had a fortress and considerable resources of materiel and personnel. Their surveillance and long-distance-communication capabilities would have been of great value throughout the First Age. They could also have prevented the Nirnaeth, where the lack of communications abilities between the two armies was a key factor in the defeat.

And while we’re on the topic of leaving behind invaluble military resources, let’s not forget the the much larger issue of leaving behind more than half of your army - again, while pursuing a war against a very powerful enemy whose full capacities and resources are unknown to you - on the sole basis that they don’t like you very much. It’s an almost incomprehensibly bad decision, entirely on the basis of personal pride, with no practical merits whatsoever. You’re in unknown territory, about to commence a war that you’ve already been warned is hopeless, and your first decision is “No, we need fewer people”?!

And yet, for all this, Fëanor is not the worst of the Noldorin leaders described here. More on that to come!

Fingolfin

During his time in Beleriand, largely does an excellent job from a policy perspective. Firstly, upon arrival, refrains from immediately attacking Angband - despite Morgoth being at a temporary tactical disadvatage due to the Sun - in order take time to gather intelligence and enable his forces to recover from the crossing of the Helcaraxë. He avoids conflict with the Fëanorians despite he and all his people having a rather substantial grievance against them, and when Fingon provides him with an opportunity to reconcile, he does so, and proceeds to set up surveillance of Angband and seek to establish diplomatic relations with the other peoples of Beleriand.

He doesn’t become offended when Thingol is unwilling to meet, and is satisfied with the practical choice of having Finarfin’s children act as go-betweens. He arranges Mereth Aderthad for mutual intelligence-sharing, strengthing of bonds, and diplomatic engagement, and it is essentially successful, though hampered by Thingol’s isolationism. And he doesn’t lose sight of his goal - of the main Noldorin leaders, he’s the most interested in attempting to attack Angband during the Siege.

Maedhros

Many similar characteristics to Fingolfin, during the period of the Siege. Doesn’t allow himself to be offended easily, avoids and defuses conflict insofar as he is able (even if it means moving his family to the other side of Beleriand), seeks out opportunities to build new alliances. Probably very annoyed that Caranthir lost the opportunity to recruit the Haladin by ignoring them for too long. 

Somewhat more cold-blooded and ruthless about policy and objectives than Fingolfin - his statement that Thingol’s realm consists of the areas Thingol can militarily control, and everything else is in practice Noldor territory, comes to mind. And while his motive for recruiting the Men of the East (the Noldor and Edain have a lot fewer people than Morgoth has orcs) doesn’t have to be characterized as “we’re low on cannon fodder”, it certain can be seen that way. (And if Caranthir, never the most diplomatic, was rather less subtle about that, it could explain certain changes in allegiance.)

Fingon

On the whole, he does well. He’s very much a military leader - in addition to taking on Glaurung, he detects and deals with a party of ocrs that are seeking to carry out a surprise attack on Hithlum from the west. He’s stated to have been on good terms with everyone, a valuable characteristic in the contentious House of Finwë. If there’s a policy flaw, it’s that he leads rather too much from the front, given that he’s the crown prince and (after Turgon’s disappearance to Gondolin) there’s no clear heir after him, something that would leave his advisors biting their fingernails.

Turgon

Tempermentally, the opposite of Fingon: not impulsive, and inclined to be slow and conservative in his decision-making. For example, does a lot of planning on Gondolin, but doesn’t take any action until Ulmo gives him more of a push.

The later choice not to evacuate Gondolin is a wrong one, but it comes from a lack of faith more than from bad policy. The policy-makers and bureaucrats of Gondolin would largely have backed the choice - they have strong and extensive defenses, and the rest of Beleriand is overrun by Morgoth’s forces, with no safe strongholds. If they might be attacked in Gondolin, they undoubtedly would be attacked elsewhere, with no walls and towers guarding them. Staying is clearly the most prudent choice. Policy and prophets rarely mesh well.

Finrod

Very good from a policy standpoint, in several respects. He’s proactive, and when he lacks knowledge and expertise on a subject, he seeks out those who have it. We see this with the construction of Nargothrond - first, when considering a place to build, he asks Thingol, since Thingol has greater knowledge of the region. Then he hires the dwarves to help in the building, since they’re the experts on subterranean architecture.

He’s also an skilled diplomat. He stays on good terms with the House of Fëanor (he’s visiting Maedhros and Maglor when he first encounters the Edain). His diplomatic skills are of great benefit to the Edain: for example when he negotiates with Thingol to permit the Haladinto live in Brethil, as well as, earlier, helping Beor’s people to avoid conflict with the Laiquendi. He’s also the only one of the Noldorin princes who consults with Thingol about the Edain, another important indicator of diplomatic tact since the Noldor are inviting the Edain to settle in what is (from Thingol’s point of view, anyway) Thingol’s realm.

He’s certainly more of a diplomat than an administrator, but he is decidedly not a flake or a lightweight. However, it’s certainly possible that the people of Nargothrond felt that they were not a high priority, which could have played a role in later events.

Which brings us to -

Celegorm

If Fëanor is the kind of leader who makes policy types want to beat their head against a wall, Celegorm is the kind who make them want to shoot themselves - or him. Setting aside the patent immorality or everything he does in Nargothrond, and evaluating it solely from the perspective of whether it achieves his goals, it’s still unremittingly terrible.

Let’s begin by granting that in addition to the goal of 1) fighting Morgoth, he and Curufin also have the goals of 2) preventing anyone else from obtaining a Silmaril and 3) consolidating the rule of most of Beleriand under the House of Fëanor by gaining control of Nargothrond and alliance with Doriath.

So. Beren shows up wanting to get a Silmaril out of Angband. There are two possible options here: either it’s impossible, in which case there is no need to impede him, or it’s possible, if which case you want to be involved to at least a sufficient extent to get the Silmaril from him once it’s out of Angband. And you have the ability to talk to animals. So the optimal course is to find a bird that can carry a lightweight, written message to your brothers; proffer assistance in the quest; and have a midsized military force intercept the team on the way out. Moreover, you’ve got the opportunity to try to obtain the other two Silmarils while infiltrating Angband as well - which also gives you a passable non-suspicious motive for the offer of assistance. But going by their actions, actually attempting get the Silmarils away from Morgoth isn’t a priority for Celegorm and Curufin.

So let’s move on to Goal 3, rule of a large segment of Beleriand by the House of Fëanor. Here, again, Celegorm’s methods are not at all conducive to his ends. First, Finrod departs with a very small force on a very dangerous mission into the heart of enemy territory. He is captured. Celegorm regards this as a good thing. However, a little thought would show that Finrod is the person with the most knowledge of Nargothrond - its precise location and means of access, its strengths, its weaknesses, its defenses. He is in the hands of Morgoth’s most skilled torturer. If he breaks, that is a disaster for you. That opens the way to a large-scale invasion, in which case you’ll have no realm and no refuge and no allies, having burned your bridges. And the plans involving Lúthien are even worse, because there is no scenario in which success achieves your goals. Given the nature of Eldarin marriage, if you actually manage to marry her the only possible result in the death of both you and her. (It’s worth noting that Huan’s defection likely saved his master’s life.) And whether she is captive or dead, the most probable result of this plan is the invasion of Nargothrond by Thingol (longer renditions of the Leithian, outside the Silm, note that Thingol was preparing for an attack on Nargothrond when news arrived of the fall of Tol-in-Gaurhoth), which is both bad for you and terrible for the war effort.

So all you’ve managed to do is come up with a succession of actions which are inherently counterproductive to your goals and alienate the two largest realms in Beleriand (with disastrous later consequences for the Nirnaeth).

(I’m barely going to touch on the later attack on Beren and Lúthien, because by that point any long-term goals are entirely forgotten and Celegorm and Curufin are operating solely on the basis of lust and spite, but I will say - If you succeeded, where were you intending to go? Do you think Maedhros will be impressed if you show up on his doorstep with a kidnapped Sindarin princess? Because he won’t be!)

[Many points in the analysis of why Celegorm’s decisions are all terrible can be credited to Philosopher at Large, author of The Leithian Script.]

[kumoriyami-xiuzhen]

Hakuoki Tsukikage no Shou - Kazama Final Chapter Translation

So. [im going to swear.]

I tried doing something truly fucking insane. I wrote and copied out almost every single stupid shitty word in Chinese from the CH subbed video for this (99% of everything of this was done w/o freaking copy and pasting since it was too fucking hard to locate every stupid duplicated word that i wrote) with my mouse onto google translate (I don't have any other way to input words cuz i don't have a damn input device) before i went and translated this. 

at the time i did this, writing out every stupid shitty word was a lot fucking faster than using an ocr text extractor at the time since i kept having problems with the one i was using... and my fucking gawd did this feel soooo freaking tedious and it really did hurt my hand and arm for a while.... to the point that i’ll still complain about it despite how that was done back around the time i did the tsukikage countdown video....

i fucking demand that everyone who reads this thank me for hurting myself for the sake of getting this stupid chapter translated lol... all in all, i wrote out over 4600 stupid fucking Chinese characters of this in one sitting....

oh and i think i might have forgotten about copying some of the punctuation but idfcrn.

some words/phrases i don’t wanna write in excess ever again: 1) 知道 2) 就 3) 然 4) 一族 5) 着 6) 这 7) 在 8) 我 9) 萨摩 10) 里

you guys better fucking enjoy this lol. or im going to flip a fucking table. or ten. hahaha lol. seriously (not really lol). 

on that note, i also found the Hakuoki stage play with Chinese subs but I refuse to do anything with it as long as those words aren't in text since that's more than 2 hours long, and i’m not that masochistic or insane xD. if anyone wants to volunteer as tribute though to copy/isolate the text though that’s another matter. 

also i had to go read up on more damn history than i'd have liked to in order to translate this damn thing cuz i couldn't understand several words in Chinese since they were Japanese terms which made doing this even annoying since that meant extra work for me to do... and omfg i hated writing this out despite the fact that doing so did save me a significant amount of time cuz I was still pretty bad at using photoshop when i did this...  though I can definitely say that this will be the absolute fucking first and last chapter of anything that i’ll ever write out again since i can say that my photoshop skills have improved enough so that i can extract text at a significantly faster pace and with more accuracy...

images used in this post were snips of the some video of the chapter aside from the last 2 which were from the cgs i posted a loooong while back.

if someone decides to repost this elsewhere, i will seriously stop posting my translations publicly (also i will curse you) :D

(p.s. i don’t have the chapter intro since that wasn’t translated for any of the final chapter tls that were posted online, and as always, edits will be done later)

Hakuoki Tsukikage no Shou - Kazama Chikage - Final Chapter

Translation by KumoriYami

Eighth year of Meiji 7th month

Six years later after what later generations would refer to the "Boshin War." Chikage-san took me away to live at his village within the Satsuma Domain. This is a story of what happened 5 years after I married into the Kazama family.

Eighth year of Meiji, 7th month

My eyes were unfocused.

I was quietly mending something——

Kazama Chizuru: That hurt......!

I accidentally hit my finger with the needle.

Kazama Chizuru:......Messed up again.

This type of housework, would usually be finished quickly.... But today my concentration, from the start until just now, wasn't here.

I know the reason why.

Kazama Chizuru: Ah......

I stopped/lowered my hand and softly sighed. Recently, Chikgae-san has been increasing his visits to human villages. 

It seems that Amagiri-san has also been frequently rushing around to collect information. The oni in this village saw this, and one after another, they began talking about 

——Soon, there will be no more war with humans.

The female oni were especially scared of war.

However I didn't think it wasn't improbable......

But there was no way to say that war wouldn't happen again.

It's hard to think that the world's become so peaceful.

When I was thinking about these things. (door slides)

There was the sound of a door opening.

I didn't need to confirm who this person was——

Kazama Chikage: I didn't see you, so this is where you were.

Kazama Chizuru: Chikage-san......

The instant I saw him, I immdiately felt relieved...... I couldn't help but smile.

Kazama Chikage: What is it? Is there something funny?

Kazama Chizuru: No, That's......

Kazama Chizuru: I always think it's unimaginable in how I am able to recognize you by your breathing, Chikage-san.

Presumably my answer probably surprised him since Chikage-san's eyes widened......

Kazama Chikage: Of course I am also able to recognize you by your breathing, you and I are husband and wife.

If this had been before, I probably would have immediately denied Chikage-san's words.......

Kazama Chizuru:......That's right/Is that so.

There's no need to deny anything now.

Because Chikage-san and I have already had our marriage ceremony in the Kazama village to become husband and wife.

Kazama Chikage: What are you doing here?

Kazama Chizuru: Sewing clothes.

Kazama Chizuru: If the children's clothes aren't taken care of, they might get torn when caught on a branch or from falling down. 

Kazama Chikage: this sort of housework, you can just give it someone else to do.

Kazama Chizuru: But, I have happen to have time......

Kazama Chikage: Accompany me for a walk.

Chikage-san raise his chin, and spoke with an indisputable tone of voice.

Kazama Chizuru: Wait a moment, let me tie this knot......

Kazama Chikage: That thing can wait and be done later, come with me for a walk first.

Really......

Chikage-san's unyielding personality hasn't changed since [even before] we married.

Kazama Chizuru:......I understand, I'll come with you.

Anyway fighting is useless, so I followed him.

It was slightly hot when we reached the forest.

As small birds could clearly be heard chirping nearby, Chikage-san and I walked together.

Kazama Chizuru:......You seem to be so busy lately, have things calmed down yet?

I spoke to him in this way......

Kazama Chikage:............ [he sighs/breathes out  here]

Not hearing my words, Chikage-san showed a distressed expression, and was silent.

Kazama Chizuru: Chikage-san....... Chikage-san.

After using a slightly heavier tone, he finally stopped.

Kazama Chikage:......What's wrong?

Kazama Chizuru: To ask me what's wrong......

Kazama Chizuru: Just now I called you several times just now and you didn't respond, it's very concerning

Kazama Chikage: So it's like that, I apologize.

Kazama Chizuru: No, I'm not upset......

Kazama Chizuru: What's bothering you?

Kazama Chizuru: If it's alright, you can talk about it with me.

Kazama Chikage:............ [he sighs/breathes again here... this one sounds more like a sigh imo]

Kazama Chizuru: If there's anything that's difficult to talk about, I won't force you to say anything.......

Kazama Chikage: No.......it's not something that cannot be said.

Kazama Chikage: As the leader's wife, I think you should know about this matter.

It felt like there was a different weight to the way he was saying "the leader's wife."

After moving to this village, Chikage-san has told me those words [in that manner] several times...... The subjects that followed afterwards, were matters that directly concerned the village.

As I nervously waited for his next words, Chikage-san spoke in a solemn and careful tone.

Kazama Chikage:......There are rumours, that the Satsuma shizoku has been engaging in suspicious activities. [check audio]

Kazama Chizuru: Shizoku......?

After entering the Meiji era, former samurai are now referred to as "shizoku"...... No longer able to receive an official's salary, I've heard that they have had difficulties in securing their livelihoods.

Kazama Chikage: After last year's "conscription notice," it is said that official talks to forbid carrying of blades were given with the "conscription notice."

Kazama Chizuru: Forbidding the carrying of blades? That is to say......

Before I asked my question, Chikage-san nodded.

Kazama Chikage: Banning the wearing of katana

Kazama Chikage: [Meaning] Depriving warriors of the rights associated with them.

Kazama Chizuru: Doing that sort of thing...... aren't the Satsuma shizoku unlikely to accept that?

The Satsuma shizoku were [perhaps: had been] proud to be part of the Meiji Restoration, and before I heard that it was their greatest pride. They had overthrown the Shogunate with great difficulty, but they [however it seems that they] haven't received a decent reward [pay-off is prob more accurate]......

If they are deprived of their privileges that they had and are again forced into having difficult lives, it is obvious that there will be resentment.

Kazama Chikage:......Last year, reportedly Saigo's defeat at the central government and his return to the Satsuma, appeared to be the cause of riots breeaking out in human villages. [refers to Seikanron]

Chikage-san's words caused me to let out a cold breath.

I've heard that Saigo is the Satsuma's most powerful individual.

If indignant warriors gather assemble together under his banner——

Kazama Chizuru: Then, where are you going [probably planning?]?

Kazama Chikage: Come on...... let's walk for a while.

Speaking like that, Chikage-san urged me......

No mater what, I wanted to confirm this matter.

Kazama Chizuru: Chikage-san......

Kazama Chikage:......Nn?

Kazama Chizuru: Will Chikage-san have no choice, but to once again move for the Satsuma?

Kazama Chizuru: Just like when the Shogunate was destroyed......

Because there is a sense of righteousness and companionship with the Satsuma [i'd assume this is more sense of gratitude and debt based on Kyoto Winds/Edo Blossoms], there's nothing to be done on the matter......

If that’s the case, I don't want Chikage-san to once again be dragged into humanity's wars.

He is my beloved husband—— we have many precious things to protect now.

Kazama Chikage:......Do not worry, our Kazama family/clan has promised to help the Shimazu clan.

Kazama Chikage: There is no involvement in the Satsuma right now. I have no plans to be involved in wars between humans.

Kazama Chizuru: Really?

Kazama Chikage: Have I [ever] lied to you?

Kazama Chizuru:.......No

Kazama Chizuru: Chikage-san, thank you. Hearing what you said just now, I can be at ease.

Even so I felt that nothing was stronger than the promise he made just now.

Chikage-san will certainly use all of his strength to protect us.

Kazama Chikage:......Perhaps, in the near future, war may occur in the Satsuma. [the Satsuma may go to war is likely more accurate given the Satsuma Rebellion]

Kazama Chikage: In order to prepare for such a situation, [we] must consider temporarily moving into hiding elsewhere.

Kazama Chizuru:......Yes

The oni of the Kazama village...... everything must be done to protect them. In the past my clan——the disaster that befell the Yukimura clan's oni must not be repeated.

(scene changes to ocean) ~3100 words by now

Afterwards, Chikage-san and I arrived at place....... a place outside the village and near the beach.

The deep blue sea could clearly be seen in the distant horizon, as well as the rolling waves. It's was a symbol and scene of peace and stability.

............However.

Kazama Chizuru:......Is war really going to erupt again?

It seemed as if war would break this sea of tranquility.

Kazama Chikage: I am afraid that it will.

Kazama Chikage: But do not worry. I will certainly protect you all

Kazama Chizuru:......Nn, I believe you.

Our conversation drew to a close once more, but it didn't feel out of sorts.

The sound of the tide carried away all of my worries.

In this way, looking out towards the majestic sea......

Kazama Chizuru:......This reminds me of when the two of us disembarked back then.

Chikage-san was quiet as he turned towards me.

His pair of red eyes looked at me, almost as if to ask for the truth of what I meant just now.

Kazama Chikage: The people [or officials?] from the Satsuma fled, similarly to how the warriors of Aizu did.

Kazama Chikage: It wasn't only the Aizu. The former Shogunate who fought the Sat-cho probably also hated the Satsuma and wanted to go to war with them.

Kazama Chikage: They were pardoned, no longer are they an enemy seeking revenge......

Kazama Chikage: For what reason would they need to repeat a disastrous policy/the same mistake......

Kazama Chizuru:......Yes. I also......don't understand

Kazama Chizru:......However it's already...... fighting between humans, oni must not participate again.

Kazama Chizuru: That's what I think, ever since I chose to live here as an oni.

Kazama Chizuru:.....Yes. Even though——

Kazama Chizuru: Even if  there's a new battle, the surviving members of the Shinsengumi might take part in it, as will others who are the same——

Among them, I heard that some of them had been pardoned.

That possibility of that is entirely possible.

But——

I've truly observed the conclusion to the Shinsengumi's existence.

They cannot be involved, they can no longer live while fighting against the trajectory [of history? alt:against the flow/tide]/ They can't——it's not possible for them to get involved again, and they can no longer survive against the tide.

Right, though it's difficult to say that/sorry/sad to admit to that.

Kazama Chikage: In front of me, you don't need to be strong [put up a brave front]

Kazama Chizuru:......It's alright. I'm not trying to be strong.

Kazama Chizuru: It's true that I have nothing to do with the Shinsengumi anymore——

Kazama Chizuru: Because of that, there have been things [that I have] obtained.

Kazama Chikage: Oh? Such as?

Kazama Chizuru: Yes......

Options

(Choosing to live together with you)<--- (Understanding how samurai/warriors chose to live)

Kazama Chizuru: Your...... being at Chikage-san's side, it was my choice.

Kazama Chikage: Usually you're only complaining, today you're being quite frank.

Kazama Chizuru: Com-complaining......! I didn't say [anything like] that.

Kazama Chizuru: You and the children never listen and don't even know it......!

I tried to argue——

Kazama Chikage: No need to speak. Come. He took me by my arms then held me tightly.

Kazama Chizuru: Ah......!

There wasn't enough time to respond since I was confused, and he grabbed my chin [face/cheek looks to be more accurate] with his fingers.

(Kazama's kiss with Chizuru cg 1)

Kazama Chizuru: Nn......

It was like saying that everything I was belonged to him, as he gave me a fierce kiss.

I also used my lips to respond to his warmth.

Kazama Chikage:......You don't need to be worried.

Kazama Chikage: Even if the Satsuma ['s lands/domain] becomes a battlefield......

Kazama Chikage: I will do everything to protect you, the children, as well as the village's oni.

Although he spoke in a natural tone......

He however was shouldering the fates of me and the children, and of the entire clan.

[To be the one] dealing with this huge amount of pressure, I couldn't imagine it.

Kazama Chizuru:......I will support you. 

While living as a human, then recalling the everyone from the Shinsengumi, I feel sad, although there are times [Although there are times I feel sad when I think of when I lived as a human, and recall everyone from the Shinsengumi......]

But I, have chosen to to support him on this path.

Kazama Chizuru: As a wife...... as an oni, I will do everything to support you......

So, as long as I'm alive, I will always support him.

Kazama Chizuru: Ah. Please stay at my side. You absolutely will not regret it.

(kiss cg 1 again) ——He never broke his promise.

Chikage-san will stay with never go against this agreement, and will stay with me for a lifetime.

So I shall make a promise to him here.

Kazama Chizuru: I will forever be at your side......

——This is the promise of an oni.

——Tsukikage no Shou Kazama Final Chapter End—— 

maybe i’ll go translate yamazaki’s final tsukikage no shou chapter... in like 2 years. or something. if someone hasn’t done it by then. lol. unfortunately, tsukikage is not on my priority list since 95% of what CH TL I’ve seen is only available as videos... and while I’d very much prefer to translate Saito’s ginse no shou route, the only thing that I’ve found with CH TL so far is a short clip from the 2nd common route chapter.... plus, i still have ssl to worry about... and even then, there are some dramas that i really wanted translated along with the rest of kyoka-roku... 

final edits will be done when i start caring about them... later.

also this is chapter 8 for kazama’s route. each route in tsukikage and ginsei no shou has their own unique ending music.

p.s.s. i always love to complain about unnecessary extra free labour.

[autisticadvocacy]

March 23, 2020

SEATTLE – As COVID-19 cases increase, the experience in other countries and predictions of U.S. health officials is that there will not be enough acute care services or equipment, such as ventilators, to meet the demand of patients with the virus who require intensive treatment. Health care professionals in the United States are already developing protocols for responding to COVID-19, including treatment rationing that will determine who will and will not have access to life-saving treatment.

Self Advocates in Leadership (SAIL), Disability Rights Washington (DRW), and The Arc of the United States (The Arc) filed a complaint with the U.S. Department of Health and Human Services Office for Civil Rights (OCR) about their grave concerns that the plans being put in place discriminate against people with disabilities and put their lives at risk. This discrimination violates federal disability rights laws, including the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act (Section 504) and Section 1557 of the Affordable Care Act (ACA). ASAN, the Center for Public Representation, the Bazelon Center for Mental Health Law, and disability rights scholar Sam Bagenstos joined as counsel.

The complaint focuses specifically on the plan released Friday by the Washington Department of Health and the Northwest Healthcare Regional Network that even those who developed the plan admit “is not going to be pretty.”

“I know already that intellectually disabled people get denied care because of being seen as lacking value,” said Ivanova Smith, Chair of Self Advocates in Leadership and individual complainant in the letter filed today with HHS OCR. “I deserve the same rights as anyone else. These policies discriminate against me and put my life at risk.”

Published descriptions of the goals and flow charts in the WA DOH and NHRN plan mirror the existing policy of the state-run University of Washington Medical Center (UWMC), which gives priority to treating people who are younger and healthier and leaves those who are older and sicker—people with disabilities—to die.

A Seattle area patient of the University of Washington Medical Center explained that “I am concerned that a doctor will see my diagnosis of cystic fibrosis in my chart and make lots of erroneous assumptions about me. Cystic fibrosis often comes with significant breathing difficulties and a life expectancy of 30 years,” said Rose, not her real name due to fear of retaliation. “However, tests show that I have better breathing capacity than most people without cystic fibrosis and although I’m 28 years old, I have never been hospitalized and I am not anywhere close to dying. If I get COVID-19 and need intensive treatment like a ventilator, I fear the person making decisions about who gets treatment and who doesn’t will see my file among dozens or even a hundred or more people all competing for limited spots and my diagnosis will stand out and be used to exclude me from getting treatment despite what my individual medical tests and record say.”

Rose’s case shows how this plan will have a heavy impact on people with disabilities. While medical knowledge of COVID-19 is constantly evolving, it is known that having an underlying medical condition heightens the effect of the virus. The conditions frequently mentioned include compromised immune, respiratory, cardiovascular and endocrine systems. All of these are common symptoms of many different physical disabilities and when significant enough form the basis of the disability on their own.

“The disability community is a broad, inclusive community where individuals with a variety of unique life experiences join forces to fight the many ways they are similarly discriminated against. We will not sit by as members of our community are left for dead. We stand up for those with preexisting disabilities and those with newly acquired disabilities who are impacted by COVID-19. We implore OCR to rein in and provide urgently needed guidance to the health care professionals who are prepared to relegate members of our community to die,” said David R. Carlson, Director of Advocacy, Disability Rights Washington.

“As COVID-19 sweeps our country, we are reminded once again that for far too long, the lives of people with disabilities have been undervalued. It is cruel that a person with a disability seeking medical treatment during this pandemic may not receive the care they need or they may be left to suffer or die because they are seen as less than or other. It is urgent that the federal government make very clear right now, on the front end of this health emergency, that it will swiftly enforce federal laws that protect against medical rationing plans discriminating against people with disabilities. We know this is just the beginning, and that there are many more days and months to come. The federal government must get it right, now, from the start. The lives of millions of people with disabilities across the nation are at stake – and those lives do have value,” said Peter Berns, CEO, The Arc.

The complaint stresses that OCR has a very brief moment to intercede. “If OCR fails to act swiftly to clearly and firmly articulate the violation of civil rights implicated by the rationing plan about to be unveiled in Washington, there will be no way to undo the lethal outcome of the discriminatory plans that have been formulated without OCR’s guidance. We request that you enforce the obligations of the healthcare professionals in Washington to develop non-discriminatory approaches to the delivery of care before it is too late.”

“Even in the midst of the current crisis, Washington State must abide by its obligation to not discriminate against people with disabilities. The complainants are on the front lines of a vital civil rights struggle. Their lives are at stake. I urge the HHS Office for Civil Rights to take swift action to protect them,” said Ari Ne’eman, Visiting Scholar with the Lurie Institute for Disability Policy at Brandeis University.

We call for OCR to take immediate action to address this discrimination and assist local jurisdictions and providers to develop non-discriminatory approaches before there are lethal consequences to application of these illegal policies.

Complainants are represented by their counsel who are available for comment:

David Carlson, Disability Rights Washington

davidc@dr-wa.org

Shira Wakschlag, The Arc of the United States

Wakschlag@thearc.org

Sam Crane, Autistic Self Advocacy Network (ASAN)

scrane@autisticadvocacy.org

Jennifer Mathis, The Bazelon Center for Mental Health Law

jenniferm@bazelon.org

Cathy Costanzo and Alison Barkoff, Center for Public Representations

ccostanzo@cpr-ma.org; abarkoff@cpr-us.org

Samuel Bagenstos

sbagen@gmail.com

[coffeetreesandhoneybees]

A-levels!

Hi everybody! I’ve been very dead on this account recently, and I’m sure you all understand. Exams are tough, but I finished today! Here’s just a little post I wanted to make about my time doing A-levels at Sixth Form in the UK for any year 11s or anyone who wants to know a bit more from someone with the benefit of hindsight. 

My Subjects

I began my 2 years doing five subjects - Biology, Chemistry, Physics, Music and AS Maths. I knew I was a scientist from GCSEs and I couldn’t bear to leave music behind, so I was lucky enough to know straight away what I was going to pick. My school also allowed us the option to take AS maths as a fifth subject, but after about 2 weeks I ended up dropping this as I knew my heart wasn’t in it - I was just taking it because I could. And you know what? There’s no shame in taking a subject to see what it’s like, then dropping it. After this, I kept all my others because I felt that I could keep up with them and enjoyed them all. I’m so glad I did - don’t feel like you have to drop down to three if you don’t want to, but on the flip side, if you really feel like one of your subjects isn’t working out for you, don’t feel guilty about dropping!

Studying

I don’t know about other places, but my school certainly turned up the pressure when we started each new year. They would constantly tell us that we needed to be putting minimum 5 hours per subject extra per week at home or during frees, but realistically, this is not always sustainable. Especially if you’re still doing four or five subjects. You need to learn pretty quickly to prioritise, and put out fires as they crop up. And relax! You are not a work machine, and I promise your teachers will understand if you miss one or two pieces of homework occasionally. However if you’re like me and have one teacher who’s really totally unforgiving, the only thing you can do is prioritise work for this teacher. It’s likely that their method of teaching revolves around using the fear factor to make you learn things, and, as much as it sucks, in my experience it does tend to work if you just get on with it. Hang in there - a lot of the time it can feel quite overbearing, but I promise it’s temporary, and if you stick it out, more often than not it will pay off. Just do your best and that’s all anyone can ask :)

Universities

UCAS is a terrifying word at the start of year 12, and people will be chucking the term “personal statement” around a lot too. The important things here is to, maybe counter-intuitively, take a step back from academia and think about you, and what you want to get out of your studying career. If you are passionate about a particular subject already, like I was, great. Find that as a degree, or a degree in that field, and talk about why you love it. If you’re not so sure, the deadlines probably feel really intimidating. There’s a lot of choice, but in this case, why not try picking a university before you pick a subject. A guy came to our school and advised us to make a list of all the qualities our dream uni has, and there is probably one in the uk (or abroad!) that fits the bill. Once you’ve found one, think about the courses it has to offer, and if one takes your fancy. But having said all that, here’s a tip - there is more to life that higher education !! Square peg in a round hole - if you don’t think uni is your thing, don’t force it to be!

Other Commitments

Ok, I won’t brag, but it’s fair to say I know a good deal about signing up for extra-curricular commitments. Firstly, as an A-level musician, a lot of my time was spent in the music department, helping out with clubs, school productions, even starting my own ensemble, for which I did all the arranging. The key thing about this though is that it didn’t feel like a chore, because I really loved music and enjoyed helping out, so even though I spent so much of my own time doing these things, my fondest sixth-form memories are in that department. Point being, extra-curriculars aren’t just things to put on your personal statement and then ditch - if you find something you’re really passionate about, you’re winning. Outside of music, I taught myself Japanese and took JLPT N4, took an EPQ and became deputy head girl. All of these things also took considerable chunks of time out of my week, but again, I enjoyed them. Ok, the EPQ was a tough slog with all the editing and researching that went in, but I’m so glad I did it. (Let me know if you guys want a post on research reports or my EPQ experience as well :P)

Exams

Across my four subjects I had 10 exams - 3 for each science, and 1 for music. Music was mostly coursework (performing and composing), which is why there was only one. Exams season is obviously a stressful time, but what I found really helpful was that your teachers are there to help you and if you approach them, they will, 9 times out of 10, go out of their way to do so. Ok, there may be some stinky teachers who won’t be so helpful, but even if they don’t teach you, approach your head of department, or a teacher your friend recommends. Having a good teacher who you can count on to help you really relieves the stress, and makes working through past papers and stuff much more productive, as you don’t have to wind yourself up for hours over 1 really tough question. With regards to actual exams - it’s a total gamble what’s going to be on the paper, so if you’re on those forums that tell you what’s going to be on it, forget it. Exam boards like OCR and Edexcel love to throw curveballs, so you’re better off not psyching yourself out over it. You’re going to get some rough ones - I had one today. And it feels pretty terrible at first. But I promise you won’t be the only person who found it rough, even if your friends didn’t. If you’ve put in the work and you’ve done your best, that’s fine. You are not a failure for skipping questions or running out of time.

And I will leave this very long post there! Hopefully this was a bit informative?? Just wanted to share some of my experiences. Well done to all my fellow Yr 13 on making it through, enjoy the rest of our very long summer! (Also if anyone else sat the OCR Chemistry Paper 3 and wants to talk about how stinky it was with me hit up my inbox lol)

CTandHB :)

[duaneodavila]

The Other End of the School To Prison Pipeline

Lawprof and member of the United States Civil Rights Commission Gail Heriot is no greater fan of the School to Prison pipeline than anyone else. And yet, her approach comes from a direction that few consider, and fewer still find acceptable.

During the Obama Administration, one of the Department of Education’s primary missions was to stop schools from suspending or otherwise disciplining African American students at higher rates than white or Asian American students:

… One of its primary strategies would be for its Office for Civil Rights (OCR) to pore over statistical evidence from every school district, looking for evidence of racial disparate impact in discipline. When a school district was found to be disciplining African-American students at a significantly higher rate than Asian or white students, the school district could expect to be subjected to an investigation. As one media report put it, rather than waiting for “cases [to] come in the door,” the Obama Administration “plans to use data to go find [civil rights] problems.”

Baked into this approach are three things of significance. First is disparate impact. Second is empricism. Third is the elimination of an outcome that has proven societally disastrous, that black students grow up to be black prisoners.

But there is a fourth aspect to the DoE’s approach, one that is tacitly understood by every grocery clerk with a checklist.

Almost everyone has had experience with distant bureaucracies. Even when their edicts are reasonably nuanced, by the time they reach the foot soldiers on the ground (in this case classroom teachers), any subtlety has disappeared. “Don’t discipline minority students unless it is justified” is naturally understood by school district administrators as “Don’t discipline a minority student unless you are confident that you can persuade some future federal investigator whose judgment you have no reason to trust that it was justified.”

In turn, this is presented to principals as “Don’t discipline a minority student unless you and your teachers jump through the following time-consuming procedural hoops designed to document to the satisfaction of some future federal investigator whose judgment we have no reason to trust that it was justified.”

Finally, teachers hear the directive this way: “Just don’t discipline so many minority students; it will only create giant hassles for everyone involved.” This is in the nature of bureaucracy. Those who complain that schools overreact to governmental directives are howling at the moon. It is inevitable.

Regardless of the validity of the first three, and the assumptions upon which they’re premised, the lofty goals at the top of the bureaucratic food chain are simplified, then oversimplified, then simplified against, until they’re ultimately carried out in the classroom by teachers who are instructed to do nothing to produce numbers that will bring the wrath of Washington down upon their school.

But does this solve anything?

The danger should have been obvious. What if an important reason more African-American students were being disciplined than white or Asian students was that more African-American students were misbehaving? And what if the cost of failing to discipline those students primarily falls on their fellow African-American students who are trying to learn amid classroom disorder?

This is what’s meant by the “soft prejudice of low expectations,” as if black kids can’t control themselves and not misbehave in school, so we need to cut them a special break. And as Heriot notes, the burden of the break falls on other black kids who want to learn.

But that, unfortunately, isn’t the end of the story. What other studies show is that when white students engage in the same disciplinary problems as black kids, they don’t get suspended or expelled as readily. Teachers are wont to treat students the same for the same conduct, finding rationalizations for cutting white kids a break when they can’t manage to excuse black kids. This is the input side of the School to Prison pipeline, as students who get suspended and expelled don’t end up learning, don’t end up going to Harvard, don’t end up vested in society.

The question seems to be whether we’re better off with a Type 1 or Type 2 error, but this is a false dichotomy. These are all kids, children for whom their future depends on the ability of a teacher to both teach them as well as guide them toward a future as productive, law-abiding and educated adults. When the input side is blown on racial assumptions that treat black kids more harshly than white kids for the same conduct, the outcome is predetermined.

Heriot’s point, that ignoring disciplinary breaches by kids based on race is not only counterproductive, but harmful to the very students it purportedly seeks to help. The other kids in the class can’t learn if the teacher’s time is squandered on dealing with disciplinary problems because they’re given rules precluding their dealing with the problem.

But if they can tolerate a white kid with disciplinary problems, then there’s no rational basis for the inability to deal with any other kid disrupting their classroom. Perhaps the problem here has less to do with kids being disruptive than it does with teachers being incapable of doing their job to control disruption and recognizing their own prejudice in dealing with it.

Even more than teachers, however, is the dictates from on high that filter down to the classroom to not think but run the numbers to keep the DoE bean counters at bay. If we cannot expect teachers to police their own failures, their own prejudice, to think, then these kids have little chance of not getting shoved into the pipeline. Yet another example of the soft prejudice of low expectations, but this time of the very people charged with educating our youth. Is it really too much to ask of a school administrator, or a teacher, to think?

The Other End of the School To Prison Pipeline republished via Simple Justice