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Forest Park Southeast Neighborhood Spotlight on Carole Anne von Eschen
Carole Anne Von Eschen is a 35-year resident of the Forest Park Southeast neighborhood and is the Block Captain on the 4400 block of Arco. In her words, she describes her experience as a block captain and FPSE resident. For more information about the Block Captain Program in FPSE, please contact Ashley Johnson, Community Development at the Washington University Medical Center Redevelopment Corporation at (314) 747-2336 or at johnsonas@wustl.edu
In your opinion, how has the Block Captain Program positively impacted FPSE?
The Block Captain Program has increased safety and the sense of security in the community. And it's helped to make people more aware of the Neighborhood Association and to establish better information-sharing and direct contact between residents and the alderman and development community.
What kinds of activities have you gotten involved with as a block captain?
It's mainly just getting to know your neighbors and introducing people to groups so they can get involved in different activities going on the neighborhood. It's someone for you to go to when something happens or to ask about things in the neighborhood. In 2014, we organized a block party before GroveFest so people could walk to the festival together, but mainly it's just listening, sharing information, and connecting neighbors in the community.
Would you recommend becoming a block captain to other residents?
Of course! I'm always inviting people to get involved as a block captain and with the Neighborhood Association. When people are more aware of the network of block captains and the Neighborhood Association, they can get a better sense of connections in the community and a sense of safety.
What are your favorite things about living in FPSE?
Proximity to Forest Park and the schools and universities has been great, but really, it's our relationships with our neighbors. I've been here for 35 years, and raised my two kids here in the neighborhood. It's been very important to me to be a part of a neighborhood where people are really working together to build a stronger community. We stayed here through the hard times because our neighbors are invested in building a sense of trust in each other and a better life for everyone in the community. Living here through the challenging times opened up the world to my children and made them better people in the world today.
What would be your vision for FPSE in ten years?
It would be that people in the neighborhood are interacting and participating in a community with each other. It's not about the buildings. It's about whether you're building a community together. It's important to me that we preserve the diversity in FPSE, because it is so vital for our world that we experience and grow from diversity with each other.
By Forest Park Southeast – WUMCRC|2019-09-28T18:19:11+00:00February 22nd, 2016|Archive|Comments Off on Forest Park Southeast Neighborhood Spotlight on Carole Anne von Eschen
About the Author: Forest Park Southeast – WUMCRC
Cancelled National Night Out (August 7, 2018)
Transit Safety and Security
National Night Out Forest Park Southeast Style – August 7th
Lead Exposure in St. Louis and FPSE


Join us for a day packed with investment opportunity updates, dynamic panel discussions (including spotlights on young investors and women entrepreneurs), a delicious "Taste of Pottstown" lunch, and a tour of Pottstown followed by a networking happy hour.
This conference is geared toward real estate investors, developers, business owners, entrepreneurs, state and federal officials, and Pottstown community leaders.
Contact Stephanie Trauner, Administrative Manager of Hobart's Run, at strauner@thehill.org or 610-705-1018.


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23 February, 2015 23 February, 2015 Darryl Chamberlain
Greenwich Tory candidate comes out for Silvertown Tunnel
Essex boys: Alex Wilson, Matt Hartley, Thomas Turrell, Harry Methley and James Worron hit the campaign trail in Thurrock
Greenwich & Woolwich's Conservative candidate Matt Hartley has come out in favour of the Silvertown Tunnel, the same day he helped canvass for a MP who supports the controversial road scheme.
Hartley revealed his support for the tunnel in a blog post discussing last week's council scrutiny meeting with officials from Transport for London and rail operator Southeastern.
"I support the Silvertown Tunnel in principle with two significant caveats," he wrote.
"That TfL make a stronger case over how it intends to mitigate the environmental impact, and that the tunnel brings with it a significant public transport element to address congestion concerns (namely, bringing the DLR to Eltham as Greenwich Conservatives have long been lobbying for)."
When asked on Twitter if he'd withdraw his support if TfL didn't come up with the goods, he didn't respond.
Hartley's comments came the same day he and a team from Greenwich Conservatives went to Essex to help canvass for Thurrock MP Jackie Doyle-Price, who claims the Silvertown Tunnel is "desperately needed" to alleviate problems at the Dartford Crossing.
Doyle-Price objects to a new crossing between Dartford and Thurrock on the grounds that it will cause more congestion and pollution in the area – precisely the same flaw the Silvertown proposal suffers from.
TfL admits the Silvertown Tunnel will increase traffic levels by 20%, while deputy mayor Isabel Dedring told MPs last month that its river crossings proposals could see traffic on local roads double.
There is also a strong body of evidence linking road-building to generating traffic, a phenomenon known as "induced traffic".
Hartley's position is much the same as Labour-run Greenwich Council, which has added a long set of caveats to its past unconditional support for the crossing.
But it's unclear quite how the environmental impact of building a new road can be mitigated beyond planting a few token trees, while a report suppressed by Greenwich Council concluded that a DLR extension along the A102 would not be feasible unless it only ran as far as Kidbrooke. TfL has also said it is unwilling to back an Eltham DLR link.
Labour candidate Matt Pennycook has previously indicated his doubts about the Silvertown Tunnel scheme; Green candidate Abbey Akinoshun has said he is opposed, although the local party has left campaigning on the issue to colleagues at City Hall.
The Liberal Democrats are also opposed, althouh the local party is in such disarray it has not yet selected a Greenwich & Woolwich candidate. It is not known what Ukip candidate Ryan Acty thinks of the scheme.
(See also: Silvertown Tunnel: The perils of the path of least resistance)
matt hartley
silvertown tunnel
Previous Silvertown Tunnel: The perils of the path of least resistance
Next Greenwich Tories' tall ships scrap scheme scuttled by Labour
Paul C says:
23 February, 2015 at 13:31
Disarray? Not at all, we've just been piloting a cutting edge 'driverless campaign' for HQ. However, the results have been disappointing so we'll be going back to the classic format and announcing a candidate shortly.
Shivanee says:
Why are Greenwich Conservatives spending their efforts in Essex, they should be out talking to people on the the streets of Greenwich. One could be forgiven for thinking the Conservatives and Lib Dems don't even have a branch here. If they can't be bothered to even try or field candidates, are they in a position to complain about the lack of democratic accountability of Greenwich Labour Party?

redpajama_set_name: RedPajamaCommonCrawl


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1. 100-Meter Resolution Color Shaded Relief of Alaska
2013. Geological Survey (U.S.). The Color Shaded Relief of Alaska map layer is a 100-meter resolution color-sliced elevation image of Alaska, with relief shading added to accentua... National Atlas of the United States.
2. 100-Meter Resolution Color Shaded Relief of Hawaii
2013. Geological Survey (U.S.). The Color Shaded Relief of Hawaii map layer is a 100-meter resolution color-sliced elevation image of Hawaii, with relief shading added to accentua... National Atlas of the United States.
3. 100-Meter Resolution Color Shaded Relief of Puerto Rico and the U.S. Virgin Islands
2013. Geological Survey (U.S.) . The Color Shaded Relief of Puerto Rico and the U.S. Virgin Islands map layer is a 100-meter resolution color-sliced elevation image of Puerto Rico ... National Atlas of the United States.
4. 100-Meter Resolution Color-Sliced Elevation of Alaska
2012. Geological Survey (U.S.). This layer is a georeferenced raster image displaying color-sliced elevation data for Alaska at 100-meter resolution, using an Albers Equal-Area Co... National Atlas of the United States.
5. 100-Meter Resolution Color-Sliced Elevation of Hawaii
2012. Geological Survey (U.S.). This layer is a georeferenced raster image displaying color-sliced elevation data for Hawaii at 100-meter resolution, using an Albers Equal-Area Co... National Atlas of the United States.
6. 100-Meter Resolution Color-Sliced Elevation of Puerto Rico and the U.S. Virgin Islands
2012. Geological Survey (U.S.). This layer is a georeferenced raster image displaying color-sliced elevation data for Puerto Rico and the U.S. Virgin Islands at 100-meter resoluti... National Atlas of the United States.
7. 100-Meter Resolution Color-Sliced Elevation of the Conterminous United States
2012. Geological Survey (U.S.). This layer is a georeferenced raster image displaying color-sliced elevation data for the Conterminous United States at 100-meter resolution, using... National Atlas of the United States.
8. 100-Meter Resolution Elevation of Alaska, Albers projection
2010. Geological Survey (U.S.). This layer is a georeferenced raster image displaying elevation data for Alaska using an Albers projection. The elevation data were derived from Na... National Atlas of the United States.
9. 100-Meter Resolution Elevation of Hawaii, Albers projection
2010. Geological Survey (U.S.). This layer is a georeferenced raster image displaying elevation data for Hawaii, using an Albers Equal-Area Conic projection. These data were deriv... National Atlas of the United States.
10. 100-Meter Resolution Elevation of Puerto Rico and the U.S. Virgin Islands, Albers projection
2010. Geological Survey (U.S.). This layer is a georeferenced raster image displaying elevation data for Puerto Rico and the U.S. Virgin Islands, using an Albers Equal-Area Conic ... National Atlas of the United States.
11. 100-Meter Resolution Elevation of the Conterminous United States
2012. Geological Survey (U.S.). This layer is a georeferenced raster image displaying elevation data for the conterminous United States. These data were derived from the National ... National Atlas of the United States.
12. 100-Meter Resolution Grayscale Shaded Relief of Alaska
2013. Geological Survey (U.S.). This map layer is a 100-meter resolution grayscale shaded relief image of Alaska, in an Albers Equal-Area Conic projection. Shaded relief was creat... National Atlas of the United States.
13. 100-Meter Resolution Grayscale Shaded Relief of Hawaii
2013. Geological Survey (U.S.). This map layer is a 100-meter resolution grayscale shaded relief image of Hawaii, in an Albers Equal-Area Conic projection. Shaded relief was creat... National Atlas of the United States.
14. 100-Meter Resolution Grayscale Shaded Relief of Puerto Rico and the U.S. Virgin Islands
2012. Geological Survey (U.S.). This map layer is a 100-meter resolution grayscale shaded relief image of Puerto Rico and the U.S. Virgin Islands, in an Albers Equal-Area Conic pr... National Atlas of the United States.
15. 100-Meter Resolution Impervious Surface of Alaska, 2001
2001. Geological Survey (U.S.). This raster layer is a georeferenced image containing impervious surface data for Alaska. Data are in an Albers Equal-Area Conic projection and hav... Geological Survey (U.S.).
16. 100-Meter Resolution Impervious Surface of Hawaii, 2001
2001. Geological Survey (U.S.). This raster layer is a georeferenced image containing impervious surface data for Hawaii. Data are in an Albers Equal-Area Conic projection and hav... Geological Survey (U.S.).
17. 100-Meter Resolution Impervious Surface of Puerto Rico and the U.S. Virgin Islands, 2001
2001. Geological Survey (U.S.). This raster layer is a georeferenced image containing impervious surface data for Puerto Rico and the Virgin Islands. Data are in an Albers Equal-A... Geological Survey (U.S.).
18. 100-Meter Resolution Impervious Surface of the Conterminous United States, 2001
2001. Geological Survey (U.S.). This raster layer is a georeferenced image containing impervious surface data for the conterminous United States. Data are in an Albers Equal-Area ... Geological Survey (U.S.).
19. 100-Meter Resolution Land Cover of Alaska, 2001
2001. Geological Survey (U.S.). This raster layer is a georeferenced image containing land cover data for Alaska, in an Albers Equal-Area Conic projection and at a resolution of 1... Geological Survey (U.S.).
20. 100-Meter Resolution Land Cover of Hawaii, 2001
2001. Geological Survey (U.S.). This raster layer is a georeferenced image containing land cover data for Hawaii, in an Albers Equal-Area Conic projection and at a resolution of 1... Geological Survey (U.S.).


THE SUNDAY TIMES NUMBER 1 BESTSELLER WITH A NEW FOREWORD BY THE AUTHOR. A spectre is haunting Europe - the spectre of failed capitalism. In this startling account of Europe's economic rise and catastrophic fall, Yanis Varoufakis pinpoints the flaws in the European Union's design - a design that was thought up after the Second World War, and is responsible for Europe's fragmentation and the resurgence of racist extremism across the Continent. When the financial crisis struck in 2008, the political elite's response ensured that it would be the weakest citizens of the weakest nations that would pay the price for the bankers' mistakes. Drawing on his personal experience of negotiations with the eurozone's financiers, and offering concrete policies to reform Europe, Varoufakis shows how we concocted this mess, and points the way out of it. And The Weak Suffer What They Must? reminds us of our history, in order to save European capitalism and democracy from the abyss.


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Woman almost dies from sepsis after accidentally leaving tampon in for five days
Ellen ScottSaturday 10 Oct 2020 4:21 pm
Amy Williams was hospitalised with septic shock after accidentally leaving a tampon in for five days (Picture: HotSpot Media)
Amy Williams, 24, from Basildon, Essex, was left fighting for her life after she forgot about a tampon and accidentally left it inside her for five days.
Amy developed toxic shock syndrome, which then caused her body to go into septic shock, which can cause multiple organ failure and death if left untreated.
The PA is now sharing her story to make others aware of the dangerous risks of toxic shock syndrome and hopefully stop anyone going through what she did.
Amy said: 'I had heard of toxic shock syndrome but didn't think it would ever happen to me.
'I'd been using tampons for ten years, but I'll never use one again now.
'I want to warn women and young girls to be extra careful when using them.'
In June 2019, Amy was on a night out with her boyfriend, Samuel Mullen, 30, an IT account manager, when she went to the toilet to change her tampon.
The PA and mum-of-one had put in a tampon, couldn't find it, so put in another (Picture: HotSpot Media)
When she couldn't find the string or feel the tampon, she thought didn't have one in, so she inserted another.
She says: 'I was really drunk at the time and couldn't remember if I already had one in. Plus I couldn't locate it.'
After that, Amy carried on changing her tampons as and when necessary.
But five days later, she noticed a strong smell coming from her vagina.
She said: 'It smelt like death and it wasn't normal.
'So, I got in the shower to wash, but the smell was still there after I got out and dried myself.
'I laid down on the bed and checked inside myself.
Then she noticed a smell 'like death' coming from her vagina (Picture: HotSpot Media)
'I felt something with my fingernail and it dawned on me that there was a tampon inside me. I was mortified."'
The tampon had turned on its side and become lodged, meaning it took Amy half an hour to remove it. She nearly passed out from the pain.
'When it came out, I felt an overwhelming rush, like I was going to faint,' she said.
'The tampon was black. It was disgusting.'
But even after the tampon had been removed, Amy suffered excruciating cramps in her lower abdomen.
Going vegan made me afraid of losing connection to my Pakistani heritage
Two days later she began to feel nauseous and a coworker commented that she 'looked like she was on death's door'.
When she was rushed to A&E at Basildon University Hospital, Amy's temperature was 40 degrees and she began to vomit.
Amy said: 'They rushed me to a ward and hooked me up to an antibiotic drip while they took blood tests.
'I'd told staff I'd left a tampon in for five days and they looked worried.
'I was then informed that my CPR levels were 264, the normal amount was 5.'
By this point, Amy's organs had started to fail and she had gone into septic shock.
Shortly after she was diagnosed with toxic shock syndrome.
Amy is sharing her story in the hopes of raising awareness of the risk of toxic shock syndrome from using tampons (Picture: HotSpot Media)
'The doctor said to me that if I'd had gone home that day, I wouldn't have woken up,' Amy said.
'I was terrified. I cried to the nurse and asked her if I'd ever see my three-year-old son, Archie again.'
For the next four days, Amy slipped in and out of consciousness while her body was pumped full of antibiotics to fight the blood poisoning.
Luckily, after nearly a week in hospital the mum was discharged, and was sent home for continued monitoring and a ten-day course of antibiotics.
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Since then, Amy has suffered heavy and irregular periods and she was even warned it could affect her chances of conceiving – but a year on she is now expecting her second child.
She hopes her story will make people aware of the risks of misusing tampons.
Amy said: 'I couldn't believe a tampon nearly killed me.
'I'll never use one again and now only use sanitary towels.
'Please, be careful when using tampons.
'It nearly cost me my life.'
Get in touch by emailing MetroLifestyleTeam@Metro.co.uk.
MORE : I'm 28 and don't know how to use tampons
MORE : Mum who lost both legs to sepsis juggles a newborn and her own business
MORE : Dad-of-four died of sepsis 'after hospital appointment delayed by lockdown'
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Kitchen Cabinet Refacing – If your cupboards are starting to look dated and unappealing, kitchen cabinet refacing can improve the look of the room at a fraction of the cost of replacing the entire cabinetry in the kitchen. In the refacing process, the doors and drawer fronts are removed. The remaining frame work may be refaced with wood veneer, plastic or RTF, a malleable foil that is printed to look like wood grain. Similar material is placed on the face of the cabinet doors and drawer fronts before they are replaced. New hardware can be added to complete the updated look of the kitchen.
There are several reasons to consider kitchen cabinet refacing in place of replacing. Many older cabinets were built in place. They remain much sturdier than the modular units normally used to replace them. Cost is another factor. Refacing is much less expensive and less time consuming than an entire replacement. Refacing works well as long as the basic structure of the cabinets is in good shape and solid. It is not a good choice if the flow of the kitchen needs to be reworked. If you simply need more cabinet space, additional cabinets can be added to match the refaced existing cabinets.
Kitchen cabinet refacing is an excellent way to give you kitchen a new and updated look. The process can transform a kitchen that is stuck in the 1960s to a modern looking kitchen that looks great for entertaining guests. Your kitchen can once again be a place where you can enjoy work. That's simple. With refinishing, you get a low price but you don't really get anything new. Only a change of color sprayed over your old cabinets. It's like bandaging a broken leg. It looks good for a while, but soon you will begin to see the same old problems of broken doors, broken drawers, ugly old style grain and eventually the refinish begins to peel up. This leaves you right back where you started, only a few thousand dollars poorer because now you have to do the job over.
With kitchen cabinet refacing, you get all new exterior cabinet parts without having to gut the kitchen. Most cabinet interiors are in pretty good shape VS the outside. This allows refacing companies to use the old interior as a foundation for new exteriors. You get new doors and drawers in a style and color of your choosing. Refaces should also include soft close hinges and drawer slides, new end panels, larger crown molding and trim. And, in most cases professional kitchen specialists can have your kitchen install completed in just 3 days!


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Updated on : Thursday, August 15, 2019, 3:10 PM IST
Pakistan observes 'Black Day' on India's Independence Day to protest New Delhi's move on Kashmir
Black flags were hoisted on roof tops and vehicles across the country to symbolise the protest
Islamabad: Pakistan on Thursday observed 'Black Day' on the occasion of India's Independence Day to protest New Delhi's move to revoke the special status to Jammu and Kashmir.
Black flags were hoisted on roof tops and vehicles across the country to symbolise the protest. Protest rallies were taken out in major cities, while seminars were organised at various places to highlight Pakistan's stand on the Kashmir issue.
The profile pictures of the Twitter handles of Prime Minister Imran Khan, Foreign Office, ISPR Director General, Radio Pakistan and many others were also blacked out in protest.
On Wednesday, Pakistan also observed its Independence Day as 'Kashmir Solidarity Day' to protest India's move to scrap the special status to Jammu and Kashmir and bifurcate the state into two Union Territories.
Pakistan has approached the UN Security Council against India's decision with the help of its closest ally, China. India has categorically told the international community that its decision on Jammu and Kashmir is an internal matter and has also asked Pakistan to accept the reality.
Meanwhile, Pakistan Prime Minister Imran Khan has questioned the international community's silence on the Kashmir issue and warned that it will have severe "repercussions" in the Muslim world, "setting off radicalisation" and "cycles of violence".
"Will world silently witness...I want to warn international community if it allows this to happen, it will have severe repercussions & reactions in the Muslim world setting off radicalisation & cycles of violence," he tweeted.
Vladimir Putin extends cordial greetings to India on Independence Day, says New Delhi enjoys "high authority in international arena"
Earlier on Wednesday, Khan vowed to become the voice of Kashmir and raise the issue at every global forum, including the United Nations. In a special session of Pakistan-occupied Kashmir's (PoK) Legislative Assembly in Muzaffarabad, Khan said if a war breaks out between Pakistan and India, the world community will be responsible.
On Thursday, addressing the nation from the ramparts of Red Fort on the occasion of Independence Day, Prime Minister Narendra Modi said the abrogation of Article 370 was a step towards 'one nation, one Constitution'. He said a new approach was needed as the special provision for Jammu and Kashmir failed to yield desired results in the past 70 years.
On revoking provisions of Article 370 and Article 35(A) in Jammu and Kashmir, the prime minister said, "We neither nurse problems nor let them fester."
-By Sajjad Hussain
kashmir issue
India's Independence Day
observes Black Day
protest New Delhi's move


It�s so easy to repeat yourself with a favourite word or expression when writing an important document and maybe at times we may all be guilty of this misdemeanour! Often of course phrases and words are repeated for effect and emphasis, which is fine. But on the whole English is a language that does not take kindly to repetition of words and phrases and in fact offers a rich choice of synonyms (alternative words with similar meanings). A few are offered in the thesaurus facility in MS Word and usually there is something that can help you out, but otherwise dictionary.com is a complete resource for tracking down those too often elusive synonyms.
If you find that you do occasionally overuse a favourite word or expression it�s a good idea to read aloud to yourself what you have written � you�ll soon notice any repetitions and be able to replace them with alternatives. It�s also a good way to increase your vocabulary and this is especially true if English is not your first language. If this is the case avoiding repetition can sometimes be a challenge. In my work proofreading and editing student theses I have often noticed repeated nouns and phrases in either the same sentence or in nearby text. For example, the person�s name may be repeated a number of times when it could be replaced with the correct pronoun such as he, she, her, him or it, and sometimes relative pronouns such as who, what and which. However, this is more easily said than done.
There is such a thing as �native speaker competence� - as I learned when training as an English language teacher (ESOL) - which is the natural way we speak our own language without having to stop and think why we speak and write the way we do; we don�t have to wonder why we use a certain word or construction. It is very difficult to achieve this level of linguistic competence with a second or subsequent language simply because years of familiarity with the thought patterns of the language are missing from the second language user�s experience. The fact is that no one achieves fluency by learning a heap of rules, but only by regularly using the language - listening to it being spoken and reading a variety of books, newspapers and magazines.
Grammatical rules have their place of course � but they are not the way to achieve a natural fluency in a second language. Indeed, the most common problem with foreign students� work is the use of the definite and indefinite articles � the and a before a noun. This is extremely difficult to get right if English is not your first language and the rules don�t always help. I�m sure no other language has such a complicated set of rules for knowing whether to put the before a noun!
How Waitrose used the grocer's apostrophe Both parents should influence the choice of schoolwear Do you have a book in you?


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Major Federal Right to Education Lawsuit Filed in the U.S
Michael Rebell - 12th December 2018
Image Credit: Brian Crawford via Filckr. Used under a Creative Commons License available at https://creativecommons.org/licenses/by/2.0/
Last month, 14 students and parents filed a class action law suit, Cook v. Raimondo, asking the U.S. District Court in the state of Rhode Island to declare that all students in Rhode Island–and all students throughout the United States–have a right under the U.S. Constitution to an education adequate to prepare them to be productive citizens, capable of effectively exercising their rights to vote, to serve on juries, to petition the government, and to participate in civic affairs.
At the core of the plaintiffs' claim is an issue that the U.S. Supreme Court left open in its 1973 decision in San Antonio Ind't Sch. Dist. v. Rodriguez, 411 U.S. 1, and has never addressed since. Although the Court held there that there is no right to equity in school funding under the federal constitution, the Court left for another day the issue of whether there may be a right to basic level of education needed for capable citizenship under the equal protection clause of the Fourteenth Amendment. The Cook plaintiffs are also raising additional claims under the due process and privileges and immunities clauses of the Fourteenth Amendment, the Sixth and Seventh Amendments and under Art. 4, section 4 of the U.S. Constitution that guarantees that there will be a "republican form of government" in each state.
The 45-page complaint alleges that public schools were established in the United States 200 years ago because the founders recognized that the unique experiment in democratic government that they were establishing could not survive if its citizens were not educated sufficiently to undertake the responsibilities of democratic citizenship.
Over the past half century, however, most American schools have substantially neglected their responsibility to prepare students for civic participation. Policy makers and educators, have downgraded the teaching of social studies and civics, focusing in recent decades on basic reading and math instruction and on the economic value of education to individual students.
Claiming that basic democratic values and institutions are being challenged today in the United States as never before, the plaintiffs argue that schools, being dedicated to rational inquiry, open discussion and perpetuating democratic values provide the best hope for re-vitalizing American democracy, and that it is, therefore, imperative that the schools rise to occasion and prepare students to meet the challenges of democratic citizenship in the 21st century.
A pending case in Michigan, Gary B. v. Snyder, is also asking the federal courts to rule on the education for citizenship issue left open in Rodriguez. That case emphasizes the importance of basic literacy as a pre-requisite for capable citizenship. The Rhode Island complaint, in addition to raising a broader array of constitutional claims, advances a more robust definition of preparation for citizenship that includes not only basic literacy but also substantial civic knowledge, civic skills, civic experiences and civic values.
The Michigan District Court last summer granted the defendants' motion to dismiss the case. Finding a technical standing problem, the judge there did not rule on the core constitutional issue raised by the Rodriguez precedent. The Michigan plaintiffs have now asked the United States District Court for the Sixth Circuit to reverse that decision and send the case back to the trial court to consider the substantive constitutional issues.
Michael A. Rebell, Executive Director of the Center for Educational Equity at Teachers College, Columbia University and lead counsel for the plaintiffs in the Rhode Island case expects that the defendants there will also file a motion to dismiss their complaint. Such motions, in which the courts assume for purposes of the motion that all facts alleged by the plaintiffs are true, focus exclusively on the major legal issues, i.e. in this case, whether there is indeed a right to an education adequate for citizenship under the U.S. Constitution. Assuming that defendants proceed with such a motion, Rebell expects the Rhode Island judge to decide it relatively quickly, that the losing party will then appeal his decision to the U.S. Circuit Court for the First Circuit and that the losing party there will then petition the U.S. Supreme Court to make a final decision on whether the right to education does indeed exist under the U.S. Constitution.
The U.S. Supreme Court has the discretion to accept or deny jurisdiction of the case, but one of the main criteria the Court uses to decide whether to hear cases is whether there is a conflict among rulings of the Circuit Courts of Appeal on a major constitutional issue. With suits now pending in both the First and Sixth Circuits, such an outcome is a distinct possibility.
Michael A. Rebell is a Professor and Executive Director
of the Campaign for Educational Equity at
Teachers College, Columbia University. He is also an
Adjunct Professor at Columbia Law School. Rebell
was co-counsel for plaintiffs in the CFE litigation and is currently
co-counsel for plaintiffs in NYSER v. State of New York.
Michael A. Rebell, "Major Federal Right to Education Lawsuit Filed in the U.S" (OxHRH Blog, 12 December 2018) <http://ohrh.law.ox.ac.uk/major-federal-right-to-education-lawsuit-filed-in-the-u-s> [Date of Access]
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text:
PART 6.1. HEALTH DISABILITY INSURANCE CONVERSION [12670 - 12692.5]
( Part 6.1 added by Stats. 1981, Ch. 1096, Sec. 2. )
It is the intent of the Legislature to ensure that persons covered by a group policy, who become ineligible for that coverage have access to benefits pursuant to this part by requiring employers, employee organizations, and other entities that provide that coverage to their employees or members to also make available conversion policies for those persons and to ensure that insurers as herein defined offer conversion policies. The conversion policy shall be the most popular preferred provider organization product offered to residents of this state under the provisions of the federal Health Insurance Portability and Accountability Act of 1996. In addition, it is the intent of the Legislature to encourage the continuation of group health coverage by requiring the entities herein defined to make available continuation benefits for widows, widowers, divorced spouses, and dependents who were covered by the group policy on the date of termination of coverage.
(Amended by Stats. 2002, Ch. 799, Sec. 1. Effective January 1, 2003. Operative September 1, 2003, by Sec. 5 of Ch. 799.)
As used in this part, the following terms have the following meanings:
(a) "Group policy" means a group health insurance policy providing medical, hospital, surgical, major medical, or comprehensive medical coverage issued by an insurer, a group contract issued by a hospital service corporation, or medical, hospital, surgical, major medical, or comprehensive medical coverage otherwise provided by a policyholder to its employees or members, except for self-insurance programs provided by employers that are not exempt from the federal Employee Retirement Income Security Act of 1974 (ERISA), as specified in subdivision (i). For the purposes of this part, a group policy not having an established annual renewal date shall be considered renewed on each anniversary of its effective date.
(b) "Conversion coverage" means health insurance benefits providing hospital, surgical, major medical, or comprehensive medical coverage issued to an individual under a converted policy.
(c) "Converted policy" means a policy or contract providing conversion coverage issued by an insurance company or by a hospital service corporation, or individual hospital, surgical, major medical, or comprehensive medical coverage otherwise provided by a policyholder to its employees or members.
(d) "Insurer" means the entity issuing a group policy, an individual or converted policy, a hospital service contract or an employer or employee organization otherwise providing medical, hospital, surgical, major medical, or comprehensive medical coverage to its employees or members.
(e) "Insurance" refers to health insurance, major medical, or comprehensive coverage paid by premium or contribution under a group policy, a hospital service contract, or as otherwise provided by a policyholder to its employees or members other than by self-insuring except in the case of a plan that is exempt from ERISA, but does include an employer plan that is exempt from ERISA as specified in subdivision (i). "Insurance" does not include any of the following:
(1) Coverage provided solely as an accrued liability or by reason of a disability extension.
(2) Medicare supplement insurance.
(3) Vision-only insurance.
(4) Dental-only insurance.
(5) CHAMPUS supplement insurance.
(6) Hospital indemnity insurance.
(7) Accident-only insurance.
(8) Short-term limited duration health insurance. "Short-term limited duration health insurance" means health insurance coverage provided pursuant to a health insurance policy that has an expiration date specified in the policy that is less than 12 months after the original effective date of the coverage.
(9) Specified disease insurance that does not pay benefits on a fixed benefit, cash payment only basis.
(f) "Policyholder" means the holder of a group policy issued by an insurer, a holder of a group contract issued by a hospital service corporation or an employer, employee association, or other entity otherwise providing medical, hospital, surgical, major medical, or comprehensive medical coverage on a group basis to its employees or members.
(g) "Premium" means contribution or other consideration paid or payable for coverage under a group policy or converted policy.
(h) "Medicare" means Title XVIII of the United States Social Security Act as added by the Social Security Amendments of 1965 or as later amended or superseded.
(i) "Employer plan that is exempt from ERISA" means an employer plan that, pursuant to Section 1003 of Title 29 of the United States Code, is not covered by or that is exempt from Subchapter I (commencing with Section 1001) of Chapter 18 of Title 29 of the United States Code, except that, in the case of a governmental plan, it only includes a self-insured governmental plan as defined in subdivision (j).
(j) "Self-insured governmental plan" means a self-insured plan established or maintained for its employees by a public entity, as defined in Section 811.2 of the Government Code, that is a governmental plan as defined in subdivision (32) of Section 1002 of Title 29 of the United States Code.
(Amended by Stats. 2018, Ch. 687, Sec. 13. (SB 910) Effective January 1, 2019.)
(a) Any group policy issued, amended, or renewed in this state on or after January 1, 1983, which provides insurance for employees or members on an expense-incurred or service basis, other than for a specific disease or for accidental injuries only, shall contain a provision that an employee or member whose coverage under the group policy has been terminated for any reason except as provided in this part, shall be entitled to have a converted policy issued to him or her by the insurer under whose group policy he or she was covered, without evidence of insurability, subject to the terms and conditions of this part.
(b) (1) This section shall be inoperative on January 1, 2014.
(2) If Section 5000A of the Internal Revenue Code, as added by Section 1501 of PPACA, is repealed or amended to no longer apply to the individual market, as defined in Section 2791 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-91), this section shall become operative on the date of that repeal or amendment.
(3) For purposes of this subdivision, "PPACA" means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any rules, regulations, or guidance issued pursuant to that law.
(Amended by Stats. 2013, Ch. 441, Sec. 23. (AB 1180) Effective October 1, 2013. Inoperative, by its own provisions, on January 1, 2014, subject to condition for resuming operation.)
Conversion coverage shall be required to be made available to an employee or member unless such coverage under the group policy terminates for one or more of the following reasons:
(a) The group policy or the policyholder's participation in the group policy terminates and the insurance is replaced by similar coverage under another group policy within 60 days of the date of termination of the group coverage or the policyholder's participation.
(b) The employee or member has failed to make any required payment of the premium or contribution when due.
(c) The employee or member had not been continuously covered during the three-month period immediately preceding the employee's or member's termination of coverage.
(Amended by Stats. 1982, Ch. 1186, Sec. 5.)
A converted policy shall be issued effective on the day following the termination of coverage under the group policy if written application and the first premium payment for the conversion policy are made to the insurer not later than 31 days after the termination of insurance, unless such requirements are waived in writing by the insurer.
(Added by Stats. 1981, Ch. 1096, Sec. 2. Operative January 1, 1983, by Sec. 5 of Ch. 1096.)
The premium for the conversion coverage shall be determined in accordance with the insurer's rates applicable to the age and class of risk of each person to be covered and to the type and amount of coverage provided.
The conversion coverage shall cover the employee or member and his or her dependents who were covered by the group policy on the date of termination of coverage. At the option of the insurer, a separate converted policy may be issued to cover any dependent.
The insurer shall not be required to issue a converted policy covering any person if such person is entitled to be covered by Medicare.
The insurer shall not be required to issue a converted policy covering any person if any of the following exists:
(a) The person is covered for similar benefits by another individual policy.
(b) The person is covered or is eligible to be covered for similar benefits by another group policy.
(c) The person is covered or is eligible to be covered for similar benefits under any arrangement of coverage for persons in a group whether insured or uninsured.
A converted policy may provide that the insurer may at any time request information from any person covered thereunder as to whether he or she is covered for the similar benefits described in Section 12678. The converted policy shall provide that as of any premium due date the insurer may refuse to renew the policy or the coverage of any insured person for the following reasons only:
(a) Failure of the individual covered by the converted policy to provide the requested information.
(b) Fraud or material misrepresentation by the individual covered by the converted policy in applying for any benefits under the converted policy.
(c) Eligibility of the individual covered by the converted policy for coverage under Medicare or under any other state or federal law providing for benefits similar to those provided by the converted policy. As used in this section, "state or federal law" does not include Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or Title XIX of the United States Social Security Act.
(d) Nonpayment of premium.
(e) Coverage of the individual for similar benefits under another individual policy.
(f) Eligibility of the individual covered by the converted policy for coverage under any arrangement for coverage for persons in a group whether insured or uninsured.
(g) Other reasons approved by the Insurance Commissioner.
(Amended by Stats. 1982, Ch. 1186, Sec. 7.5.)
If conversion coverage is issued and benefits are also provided to a person under Section 12678, the insurer may limit the conversion benefits provided or available for such person so that such conversion benefits together with benefits provided or available from the sources referred to in Section 12678 shall not exceed 100 percent of the charges for covered benefits. Priority of any coverages involved shall be determined by the effective dates, the earlier one being first.
An insurer shall not be required to issue a converted policy providing benefits in excess of those provided under the group policy from which conversion is made.
The converted policy shall not exclude, as a preexisting condition, any condition covered by the group policy. The converted policy may provide for a reduction of its benefits by the amount of any such benefits payable under the group policy after the individual's insurance terminates thereunder. The converted policy may also provide that during the first policy year the benefits payable under the converted policy, together with the benefits payable under the group policy, shall not exceed those that would have been payable had the individual's coverage under the group policy remained in effect.
This section does not apply to a policy that primarily or solely supplements Medicare. The commissioner may adopt rules consistent with federal law to govern the discontinuance and replacement of plan policies that primarily or solely supplement Medicare.
(a) (1) Every group policy entered into, amended, or renewed on or after September 1, 2003, that provides hospital, medical, or surgical expense benefits for employees or members shall provide that an employee or member whose coverage under the group policy has been terminated by the employer shall be entitled to convert to nongroup membership, without evidence of insurability, subject to the terms and conditions of this section.
(2) If the health insurer provides coverage under an individual health insurance policy, other than conversion coverage under this part, it shall offer one of the two health insurance policies that the insurer is required to offer to a federally eligible defined individual pursuant to Section 10785. The health insurer shall provide this coverage at the same rate established under Section 10901.3 for a federally eligible defined individual.
(3) If the health insurer does not provide coverage under an individual health insurance policy, it shall offer a health benefit plan contract that is the same as a health benefit contract offered to a federally eligible defined individual pursuant to Section 1366.35. The health insurer shall offer the most popular preferred provider organization plan that has the greatest number of enrolled individuals for its type of plan as of January 1 of the prior year, as reported by plans by January 31, 2003, and annually thereafter, that provide coverage under an individual health care service plan contract to the department or the Department of Managed Health Care. A health insurer subject to this paragraph shall provide this coverage with the same cost-sharing terms and at the same premium as a health care service plan providing coverage to that individual under an individual health care service plan contract pursuant to Section 1399.805. The health insurer shall file the health benefit plan contract it will offer, including the premium it will charge and the cost-sharing terms of the contract, with the Department of Insurance.
(b) A conversion policy shall not be required to be made available to an employee or insured if termination of his or her coverage under the group policy occurred for any of the following reasons:
(1) The group policy terminated or an employer's participation terminated and the insurance is replaced by similar coverage under another group policy within 15 days of the date of termination of the group coverage or the employer's participation.
(2) The employee or insured failed to pay amounts due the health insurer.
(3) The employee or insured was terminated by the health insurer from the policy for good cause.
(4) The employee or insured knowingly furnished incorrect information or otherwise improperly obtained the benefits of the policy.
(5) The employer's hospital, medical, or surgical expense benefit program is self-insured.
(c) A conversion policy is not required to be issued to any person if any of the following facts are present:
(1) The person is covered by or is eligible for benefits under Title XVIII of the United States Social Security Act.
(2) The person is covered by or is eligible for hospital, medical, or surgical benefits under any arrangement of coverage for individuals in a group, whether insured or self-insured.
(3) The person is covered for similar benefits by an individual policy or contract.
(4) The person has not been continuously covered during the three-month period immediately preceding that person's termination of coverage.
(d) Benefits of a conversion policy shall meet the requirements for benefits under this chapter.
(e) Unless waived in writing by the insurer, written application and first premium payment for the conversion policy shall be made not later than 63 days after termination from the group. A conversion policy shall be issued by the insurer which shall be effective on the day following the termination of coverage under the group contract if the written application and the first premium payment for the conversion contract are made to the insurer not later than 63 days after the termination of coverage, unless these requirements are waived in writing by the insurer.
(f) The conversion policy shall cover the employee or insured and his or her dependents who were covered under the group policy on the date of their termination from the group.
(g) A notification of the availability of the conversion coverage shall be included in each evidence of coverage or other legally required document explaining coverage. However, it shall be the sole responsibility of the employer to notify its employees of the availability, terms, and conditions of the conversion coverage which responsibility shall be satisfied by notification within 15 days of termination of group coverage. Group coverage shall not be deemed terminated until the expiration of any continuation of the group coverage. For purposes of this subdivision, the employer shall not be deemed the agent of the insurer for purposes of notification of the availability, terms, and conditions of conversion coverage.
(h) As used in this section, "hospital, medical, or surgical benefits under state or federal law" do not include benefits under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or Title XIX of the United States Social Security Act.
(i) (1) On and after January 1, 2014, and except as provided in paragraph (2), this section shall not apply to any health insurance policies.
(2) If Section 5000A of the Internal Revenue Code, as added by Section 1501 of PPACA, is repealed or amended to no longer apply to the individual market, as defined in Section 2791 of the federal Public Health Service Act (42 U.S.C. Section 300gg-91), paragraph (1) shall become inoperative on the date of that repeal or amendment and this section shall apply to health insurance policies issued, renewed, or amended on or after that date.
(Amended by Stats. 2013, Ch. 441, Sec. 24. (AB 1180) Effective October 1, 2013.)
(a) (1) At least 60 days prior to the policy renewal date, an insurer that does not otherwise issue individual health insurance policies shall issue the notice described in paragraph (2) to any policyholder of an individual health insurance policy issued pursuant to Section 12682.1 that is not a grandfathered health plan.
(2) The notice shall be in at least 12-point type and shall include all of the following information:
(A) Notice that, as of the renewal date, the individual policy will not be renewed.
(B) The availability of individual health coverage through Covered California, including at least all of the following:
(i) That, beginning on January 1, 2014, individuals seeking coverage may not be denied coverage based on health status.
(ii) That the premium rates for coverage offered by a health care service plan or a health insurer cannot be based on an individual's health status.
(iii) That individuals obtaining coverage through Covered California may, depending upon income, be eligible for premium subsidies and cost-sharing subsidies.
(iv) That individuals seeking coverage must obtain this coverage during an open or special enrollment period, and describe the open and special enrollment periods that may apply.
(b) (1) At least 60 days prior to the policy renewal date, an insurer that issues individual health insurance policies shall issue the notice described in paragraph (2) to a policyholder of an individual health insurance policy issued pursuant to Section 10785 or 12682.1 that is not a grandfathered health plan.
(2) The notice shall be in at least 12-point type and shall include all of the following:
(A) Notice that, as of the renewal date, the individual policy shall not be renewed.
(B) Information regarding the individual health insurance policy that the insurer will issue as of January 1, 2014, which the insurer has reasonably concluded is the most comparable to the individual's current policy. The notice shall include information on premiums for the possible replacement policy and instructions that the individual can continue their coverage by paying the premium stated by the due date.
(C) Notice of the availability of other individual health coverage through Covered California, including at least all of the following:
(c) No later than September 1, 2013, the commissioner, in consultation with the Department of Managed Health Care, shall adopt uniform model notices that health insurers shall use to comply with subdivisions (a) and (b) and Sections 10127.16, 10786, and 10965.13. Use of the model notices shall not require prior approval by the department. The model notices adopted for purposes of this section shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The commissioner may modify the wording of these model notices specifically for purposes of clarity, readability, and accuracy.
(d) The notices required under this section are vital documents, pursuant to clause (iii) of subparagraph (B) of paragraph (1) of subdivision (b) of Section 10133.8, and shall be subject to the requirements of that section.
(e) For purposes of this section, the following definitions shall apply:
(1) "Covered California" means the California Health Benefit Exchange established pursuant to Section 100500 of the Government Code.
(2) "Grandfathered health plan" has the same meaning as that term is defined in Section 1251 of PPACA.
(3) "PPACA" means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any rules, regulations, or guidance issued pursuant to that law.
(Added by Stats. 2013, Ch. 441, Sec. 25. (AB 1180) Effective October 1, 2013.)
Subject to the provisions and conditions of this part, if the group policy from which conversion is made covers the employee or member for basic hospital or surgical expense, the employee or member shall be entitled to obtain a converted policy providing at least the following minimum benefits:
(a) Plan A.
(1) Hospital room and board daily expense benefits up to two hundred dollars ($200) for a duration of 70 days.
(2) Miscellaneous hospital expense benefits up to an amount of 10 times the hospital room and board daily expense benefits.
(3) Surgical expense benefits according to a surgical procedures schedule consistent with those customarily offered by the insurer under a group or individual health insurance policy and providing a maximum benefit of four thousand eight hundred dollars ($4,800).
(b) Plan B—75 percent of the dollar amounts of Plan A.
(c) Plan C—50 percent of the dollar amounts of Plan A.
(d) The maximum dollar amount for Plan A's hospital room and board daily expense and surgical benefit may be redetermined by the Insurance Commissioner as to conversion coverage issued subsequent to that redetermination. The redetermination shall not be made more often than once in three years. The maximum dollar amount redetermined by the commissioner for hospital room and board shall not exceed 80 percent of the average semiprivate room rate then charged in the state.
(e) Covered expenses under this section shall include benefits for expense incurred by the employee, member, or spouse in connection with pregnancy, provided that:
(1) The pregnancy commenced while covered under the group policy from which conversion was made.
(2) The expense is of a type which would have been covered under such group policy.
(3) The conversion policy is in force when the expense is incurred.
(Amended by Stats. 1993, Ch. 1210, Sec. 10. Effective January 1, 1994.)
Subject to the provisions and conditions of this part, if the group policy from which conversion is made provides the employee or member with major medical or comprehensive medical insurance, the employee or member shall be entitled to obtain a converted policy providing comprehensive medical coverage providing at least the following benefits:
(a) A payment per covered person for all covered medical expenses incurred during the person's lifetime equal to one hundred thousand dollars ($100,000); provided, however, that for treatment of mental illness payment may be limited to ten thousand dollars ($10,000) during the person's lifetime.
(b) Payment of benefits at the rate of 75 percent of covered medical expenses; provided, however, that if coverage is provided for expenses incurred for outpatient treatment of mental illness, payment of benefits may be at the rate of 50 percent of such covered expenses, and the insurer may limit the amount of covered expense for each outpatient visit and the amount of benefits payable for expenses incurred during each calendar year for that outpatient treatment.
(c) A cash deductible for each benefit period at the option of the insured of two hundred dollars ($200), five hundred dollars ($500), or one thousand dollars ($1,000), but not less than the cash deductible which applied to the insured under the group policy which entitles him or her to a converted policy.
(d) Covered medical expenses shall include the charges for a semiprivate hospital room and board, but need not exceed the lesser of two hundred dollars ($200) per day or the hospital's most common charge for a semiprivate room, covered expenses for intensive care shall be at least two and one-half times the covered hospital room and board charge. The maximum dollar amount for hospital room and board daily covered expense may be redetermined by the commissioner as to conversion coverage issued after the redetermination. That redetermination shall not be made more often than once in three years. The maximum dollar amount redetermined by the commissioner shall not exceed the average semiprivate room rate then charged in the state.
(f) Covered expense under this section need not include expense for dental or vision care, or other optional benefits not normally offered by the insurer under a major medical or comprehensive medical expense plan.
The insurer may, at its option, offer alternative plans for group health conversion in addition to those required by this part.
(a) In the event coverage would be continued under a group policy on an employee or member following his or her retirement prior to the time he or she is or could be covered by Medicare, the employee or member may elect, in lieu of the continuation of group insurance, to have the same conversion rights as would apply had that coverage terminated at retirement by reason of termination of employment or membership.
(b) The converted policy may provide for reduction or termination of coverage of any person upon his or her eligibility for coverage under Medicare or under any other state or federal law providing for benefits similar to those provided by the converted policy. As used in this section, "state or federal law" does not include Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or Title XIX of the United States Social Security Act.
(c) Subject to the conditions set forth herein, the conversion coverage shall also be available to:
(1) A covered dependent spouse and such children whose coverage terminates under the group policy by reason of the death of the employee or member, or a covered dependent spouse in the event such person ceases to be a qualified family member by reason of the termination of the marriage.
(2) A child, solely with respect to himself or herself, whose coverage terminates because the child ceases to be a qualified family member under the group policy.
(d) If the benefit levels required in Section 12683 or Section 12684 exceed the benefit levels provided under the group policy, the converted policy may offer benefits which are substantially similar to those provided under the group policy in lieu of those required in Section 12683 or Section 12684.
(e) The insurer may elect to provide conversion coverage through a group insurance policy issued for that purpose in lieu of an individual policy.
(f) An insurer required by this part to provide conversion coverage may provide such coverage through one or more other insurers authorized to provide disability insurance coverage in this state.
(Amended by Stats. 1982, Ch. 1186, Sec. 10.5.)
Notwithstanding any other provision in this part, whenever an employee or member chooses among two or more conversion policies, such choice shall be made within 31 days from the last date when the employee or member was eligible for benefits under a group policy from which conversion is available.
(Amended by Stats. 1982, Ch. 1186, Sec. 11.)
Notwithstanding any provision in this part to the contrary, a hospital service corporation or any insurer which customarily offers individual conversion coverage on a service basis may, in lieu of the expense incurred conversion coverage provided in Sections 12683 and 12684, make available conversion coverage on a service basis which complies with the intent of this part as approved by the commissioner.
A notification of the conversion coverage shall be included in each certificate of coverage or other legally required document explaining coverage; provided, however, that it shall be the sole responsibility of the policyholder to notify its employees or members of the availability, terms and conditions of conversion coverage which responsibility shall be satisfied by notification within 15 days of termination of group coverage. Group coverage shall not be deemed terminated until the expiration of any continuation of the group coverage. For purposes of this part, the policyholder shall not be deemed to be the agent of the insurer for purposes of notification of the availability, terms and conditions of conversion coverage.
(Amended by Stats. 1984, Ch. 914, first Sec. 5.)
Nothing in this part shall prohibit insurers from establishing one or more pools from which the converted policies provided for on this part may be issued.
A converted policy which is delivered in a jurisdiction other than this state may be in a form which could be delivered in such jurisdiction as a converted policy had the group policy been issued in such jurisdiction.
On and after January 1, 1985, every insurer and nonprofit hospital service plan issuing group disability insurance which covers hospital, medical, or surgical expenses shall offer to group policyholders a continuation benefit which, if selected, shall have a duration of at least 90 days and which shall be offered consecutively to any federal requirement for continuation benefits. The terms and conditions shall include continuation benefit coverage for widows, widowers, divorced or legally separated spouses, spouses of covered employees becoming entitled to benefits under Title XVIII of the Social Security Act, and their dependents, including dependent children who cease to be dependent children under the plan, who were covered by the group contract on the date of termination of coverage. However, any existing provisions of law regarding termination of a dependent child status shall not be affected by this section.
The continuation of coverage shall be available only under the following conditions:
(a) Those eligible remain within the State of California, although the departure of a dependent child to another state shall not invalidate the continuation provisions for any other family members.
(b) Those eligible do not marry or remarry, although the marriage of any dependent child shall not invalidate the continuation provisions for other family members.
(c) Those eligible are not eligible for any comparable state, federal, or private group medical plan, although the eligibility of any dependent child shall not invalidate the continuation provisions for other family members.
(d) Those eligible do not find employment with an employer that has a group plan of its own, even if the plan is less substantive, although the entry into such an employee plan by a dependent child shall not invalidate the continuation provisions for other family members.
(e) The group policy is not terminated or the employer's participation in the group policy is not terminated.
(f) Those eligible do not knowingly furnish incorrect information or otherwise improperly obtain the benefits of the plan.
(g) The continuing individual shall pay the premium amount in the manner specified in the group policy for both his or her share of the premium and the group policyholder's share, if any.
(h) Eligible persons under this section shall be notified in the same manner required for conversion notification pursuant to Section 12689. Every insurer shall communicate the availability of such coverage to all group policyholders and to all prospective group policyholders with whom they are negotiating.
(Amended by Stats. 1988, Ch. 960, Sec. 2.)
Notwithstanding any other provision of this part, Sections 12672, 12673, 12674, 12675, 12676, 12677, 12678, 12679, 12680, 12681, 12682, 12683, 12684, 12685, 12686, 12687, 12688, 12689, 12690, 12691, and 12692 shall not apply to a group policy that is issued, amended, or renewed on or after September 1, 2003.
(Added by Stats. 2002, Ch. 799, Sec. 4. Effective January 1, 2003. Operative September 1, 2003, by Sec. 5 of Ch. 799.)


Yes, we can go on for ages about how wonderful aspirin is to stop heart attacks, or how Levitra can give you wood for weeks, but really, Bayer is most important for given heroin its name. The drug was promoted as having "heroic" properties, which is ironic since it by all accounts turns you into a shivering shell of a man..
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#YouOKSis? It's Time For Men To Be Proactive In Helping Women Fight Street Harassment
Written By Terrell Jermaine Starr
Terrell J. Starr is Associate Editor at NewsOne. He has more than four years of journalism experience in public radio, television, magazines and online reporting. Starr has a bachelor's degree in English from Philander Smith College and two master's degrees (M.S. in Editorial Journalism) and (M.A. in Russian, East European and Eurasian Studies) from the University of Illinois at Urbana-Champaign. He is a Fulbright Journalism Scholar (Ukraine 2009-2010) and a Returned Peace Corps Volunteer (Georgia 2003-2005)
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On any given day of the week Melanie Ennis leaves her studio apartment and steps on to the streets of her Brooklyn neighborhood, there's a strong likelihood of her being called a "bitch," "stuck-up hoe," or verbally abused by a man whose overtures — often quite lewd — she ignores.
Ennis, 25, says she has learned to create buffers around herself so that the verbal abuse doesn't penetrate her psyche: putting her earbuds on and pretending to listen to music (even though she isn't) or talking in to her iPhone as if she's speaking with her mother in Detroit (even though she isn't). Her tactics work in many cases, until a man grabs her arm and she has to forcefully pull it from his grasp. The salacious catcalls are so troubling that Ennis tries not to process them. She admits, however, it's difficult to hear someone say, "Damn girl, you thick. I bet you feel good,"and continue walking down the street as if it was never said.
Qachelle Dozier can relate. She recalled one afternoon when a man made his intentions perfectly clear: "When you gonna let me hit that?" Courtney Hayward told me that she also deals with men on the street constantly catcalling her and finds it frustrating.
"It's kind of annoying, because I'm just minding my own business, trying to shop and look around," Hayward, 21, told me during an interview on Fulton Avenue in downtown Brooklyn. "I know I look nice, dress a little sexy, but sometimes you just want to be left alone."
But during the two weeks I've spent speaking with more than two dozen women in New York City about street harassment, many of them said they feel powerless to fend off men whose advances are almost always unwelcome. No matter how humiliating it can be for a woman to have a random man ask, "Can I lick your p*ssy," it's not illegal. Some of the women I've interviewed tell me all they get is a shrug from the beat cops they approach to complain about it.
While interviewing women on the street, alone with a female videographer, several men who passed by could not resist walking in to our space — literally within inches — just to take a closer look at the bodies of the women I was speaking with. This, to me, had more to do with just a general curiosity about two reporters with large cameras; these men felt a territorial comfort invading the space of women, even with a male reporter present. One woman told me that a man grabbed her arm just minutes before I approached her for an interview. Soon after, another woman I spoke with told me she had just been harassed.
According to a recent study commissioned by Stop Street Harassment (SSH), 65 percent of women in the United States reported being harassed in the street by men, 57 percent of them report being verbally harassed, while 41 percent claim they were physically assaulted. Holly Kearn, the author of the study and founder of SSH, told me that street harassment, as an academic subject, is in its infancy and that few comprehensive studies on the issue have been conducted. But Kearn said what is known so far is that there is no set profile of a street harasser; it isn't germane to race nor does it have a direct link to any economic class.
"Street harassment does seem to cut across all economic spectrums, from the man on Wall Street to [men in] lower-income areas," Kearn said. "I think lower-income men may be more visible as harassers because they may be out on the street more, whereas wealthier men may be driving places or not hanging out on the streets in the same way."
But regardless of who the street harasser is, Kearn says it's directly linked to male privilege."Men feel entitled to everything and everyone because they're in such a position of power in society and that includes women's bodies," she said. "They just feel entitled to seeing or touching them. And then for men who may be more marginalized, harassing women may be a way for them to try and feel powerful, to try to put someone they see as lower than them down."
The Attack On Black Women
The issue of street harassment isn't new, and woman have taken to Twitter to express their frustrations over it, using hashtags #StreetHarassment, #YesAllWomen, and #NotJustHello to coordinate the dialogue. Melissa Harris Perry, perhaps American's most well-known feminist, uses her weekend show on NBC to lead discussions on the issue, and Brooklyn-based artist Tatyana Fazlalizadeh started a visual campaign called "Stop Telling Women To Smile" that has made national headlines.
But during my reporting, I found that, while women of all races experience street harassment, the online assaults against Black women are particularly harsh and seem coordinated. The following tweets are just a small sampling of the vile rhetoric aimed at Black women:
https://twitter.com/Exodus_1831/status/486849979198078976
And some even come after me:
Mark Anthony Neal, professor of African and African American Studies at Duke University, says the vitriol doesn't surprise him at all nor does the refrain from men that they don't see street harassment as a serious issue. For many men, Neal said, it's viewed as a rights of passage activity.
"It becomes one of the ways they can articulate their sense of their own masculinity," he said. "One of the ways they can articulate their sexual virility, their own desirability. In so many cases when we talk about men and their desire for women, it very rarely takes into account women's humanity."
Perhaps the most visible online voice speaking out against street harassment against Black women — and, arguably, the most targeted by trolls — is Michelle, known on Twitter as Feminista Jones. Her Twitter timeline and comments section on her blog is, at times, a continual stream of the most-vile language imaginable, including threats of rape and other forms of violence. She doesn't use her full name on any of her writing because of it.
Michelle was 11 years old when she had her first experience with street harassment. On a late night after leaving school in the Bronx, she heard a man saying, "Hey, girl. I wish I could get some of that" and "ooh, work it, girl." Standing at nearly 6-foot-0, Michelle had the body of a grown woman, but she says if you look at photos of her from that time, she clearly had the face of a child. But she says it did little to stop the man from following.
"He acknowledged that I was young because he said something like, 'Hey little girl,' or something where he [indicated] that I was underage," Michelle recalls of the incident. He eventually stopped his pursuit, but that would be one of many she would experience for the next two decades of her life. She is also a victim of sexual assault, something that exacerbates her street harassment experiences.
"For me, street harassment is somewhat of a trigger," Michelle told me one Friday evening near Union Square, Manhattan. It is one of the areas she regularly receives unwanted attention from men. "For a long time, I was able to block a lot of it out. I've learned defense mechanisms. I'll wear my headphones. I'll keep my head down or I'll wear a scowl on my face that kind of says, 'Don't mess with me.' But a lot of times, it still gets through. It's still the comments. It's still men walking entirely too close to me and whispering in my ear or hissing at me or 'damn, girl. That shit is phat' or 'look at that ass.'"
For many women, street harassment traumatizes them to the point that they constantly change the routes they walk to work or choose to jog for fear of running in to men whose verbal advances may turn physical. But what if you are a teenage girl on her way to school? There aren't too many routes you can take. Three weeks ago, I ran in to four girls between the ages of 14 and 16 and asked them how often they were harassed by men. Not only did they say daily, but they told me the men don't care about their age.
"He's old enough to be my grandpa," one girl said of a man who tried to get her number. None of the girls looked a day over 16: One wore a backpack with a cartoon emblem on the front pocket. Another wore a chain with a large "Barbie" nameplate hanging from it. Their attire screamed, "Child! Child! Child!"
How Do We Stop Street Harassment?
Getting men to see that referring to a woman's body in a sexual matter as street harassment and not a compliment isn't a simple task but Neal, whose scholarship has focused on gender dynamics, said reverse psychology may get some Black men to realize the wrong in their behavior.
"You have to get men to think, 'What if the positions were switched,'" he said. "What if we were to take it outside of gender or talk about it in the context of race. How would most Black men feel if those catcalls were now coming from White men — who they obviously might have viewed as more powerful — who are commenting on every little move that they make and then it strikes a chord when you place gender in this race context."
Veralyn Williams, the communications organizer at the Brooklyn Movement Center, said that her organization's anti-street harassment working group, No Disrespect, has spent the last year discussing their experiences with street harassment and has recently launched a new Central Brooklyn initiative, No Disrespect. In the future, No Disrespect wants to create male groups that can serve as allies to help spread the anti-street harassment message.
"The next step is for the male allies to advise us of how they want to spread that work among men," Williams said. "We want to leave it to them to talk to other men and we will be a support as far as laying the groundwork on the definition of street harassment and how we see the issue. Our goal is to change the culture of our community as opposed to criminalizing this behavior.
Many of the Black women I spoke with were very resistant to criminalizing street harassment. As much as they despise the sexual comments directed at them, their cultural affinity kicks in, as if they do not want to create another excuse for the criminal justice system to disenfranchise Black men.
"They're are brothers, in a metaphorical sense and quite literally, this could be my homegirl's brother bothering me on the street," Anthonine Pierre, a community organizer at BMC who is also working on the "No Disrespect" initiative, told me during a phone interview. "When you're talking about neighborhoods of color, we don't have the luxury of saying, 'Half of our neighborhood is bothering us, so we're just going to fight them or refer to them in a derogatory term. We can't treat y'all the same way because you might be the same dude on my block who will protect me when the cops come by.'"
Michelle agrees.
"I love my brothers, more than anything," she said. "The last thing I want is to see them locked up or mistreated by police. This isn't about criminalizing Black men– I've been harassed by White men, Latino men, Arab men, too. This is about wanting to feel safe as a woman and asking Black men, my brothers, especially, to not make us feel unsafe and to treat us with respect."
It's an interesting point. Would White women moving in to predominately Black neighborhoods under rapid gentrification, for example, feel the same sense of cultural affinity or be equally reserved for calls to criminalize street harassment? The question is important because it can reveal how complex reactions to street harassment are and how vital it is for organizations to fund a variety of studies that question how different ethnic groups feel the problem can be addressed.
Watch women talk about street harassment here:
Michelle believes getting directly involved while a woman is being harassed can discourage the behavior. Over a month ago, she noticed a woman being harassed by a man on 125th Street trying to sell her his mixtape. Michelle, who was walking several feet behind them with her young son, said the woman politely declined, saying she had no money. But instead of leaving her alone, the man began asking her intrusive questions: 'Where are you from? What's your name? Where do you hang out?' The woman was pushing a baby stroller, but that didn't stop the man from following her an entire block. He was walking inches away from her at this point. After some quick thinking, Michelle decided to take action.
"I walked past her, looked in to her eyes, and I said, You OK, Sis? And she smiled, looked at me, and said, 'Yeah, I'm OK. I'm OK. I got this.' And I felt like she did. I just wanted to make sure. I wanted to be in that moment in case she wasn't. I wanted to give her an out. And I called her 'sis' to have that familiarity," Michelle said.
She never made eye contact with the gentleman selling the mixtape, but Michelle says the man was very angry at her for "interfering in his business" and that all he was trying to do was "feed his daughter." The woman went about her way, which is what Michelle wanted to accomplish: divert the attention from the victim on to herself. But the man, who she says looked no older than 21 years old, was still very angry about her intervention, calling her a "nosy old b*tch." Michelle took a moment to compose herself over concerns her son would see her react in a violent matter. Michelle determined that the man wasn't a danger; he just wanted to complain. During their exchange, she sensed that the young man was frustrated because she may have viewed him as dangerous or a criminal. Michelle tried to explain that she wasn't trying to criminalize him personally but wanted to express how his actions could be perceived.
Her words didn't seem to resonate.
"In that moment, he didn't understand that randomly grabbing a woman on the street or following her all the way down the block past the point where she said, "No," was a problem," Michelle said. "All he saw was, 'He's trying to talk to this woman, and I interfered.'"
Most women likely would not have been as patient with that young man as Michelle, but she has no problem taking the lead on street harassment. She started the hashtag #YouOKSis? in an effort to help organize women on Twitter, especially those of color, to express their frustrations over their street harassment experiences. Besides being a safe space for women to open up, she also hopes the hashtag will be used to help women and men learn how to help women they observe being harassed on the street.
"We have done so little to address it," she said. "People have accepted it as a normal thing, and I think what we're seeing now is women saying, 'No, we don't want to deal with this anymore,' and I think because of social media and online awareness, we have more and more people speaking up about their experiences and thinking, What can we do to stop this? I'm not alone. I don't have to deal with this alone anymore. So now I think this is the time to focus on this particular kind of harassment because it's happening across the world. And, as someone who has dealt with it for over two decades, I feel like I can be a voice to try to help women who have not fully processed the effects it's having on them."
#YouOKSis? Feminista Jones Street Harassment


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