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Last Updated: 03/15/2010
 
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 Article of Interest - Lead Poisoning

Ignorance Is Not Bliss
Chapter 6 of A Strange Ignorance http://www.azsba.org/lead6bliss.htm
For more articles on disabilities and special ed visit www.bridges4kids.org


Although the education community appears oblivious to the devastating consequences of lead in the neighborhoods surrounding "failing schools," increasingly they are becoming the only ones to ignore the obvious.

Early in 2000, the wife of the then Vice-President of the United States, Tipper Gore, honorary chair of the Campaign for a Lead Safe America, unveiled what the Health and Human Services department called: a comprehensive government-wide strategy prepared by the President's Task Force on Environmental Health Risks and Safety Risks to Children outlining efforts to achieve a virtual end to childhood lead poisoning in American within ten years.

"... few Medicaid children are screened for blood-lead levels."
-1999 GAO report

A "Task Force" of experts convinced the highest levels of government in the United States that lead poisoning was a serious problem for children. The report of the task-force is available at: http://www.hud.gov/lea/leadhaz.pdf which is linked off of the HHS Office of Healthy Homes and Lead Hazard Control website where extensive information about the federal effort is available at: http://www.hud.gov/offices/lead/index.cfm.  There does not appear to be anything comparable on the U.S. Department of Education website.

The Department of Housing and Urban Development (HUD) issued a press release on October 24, 2001, announcing "over $67 million in grants aimed at protecting children in low-income households from lead-based paint…." The grants were "$59 million in Lead Hazard Control grants to remove lead hazards from approximately 7,000 privately owned homes in 16 states" and $8 million in grants to fund local projects under HUD's Healthy Homes Program for

Blood testing for children living in low-income housing; Removal of lead-based paint hazards from privately owned low-income homes and apartments; Inspecting and testing low-income housing for the presence of lead hazards; Temporarily relocating families during lead control work; Community education and outreach; Job training for lead hazard control workers; and, Collecting and analyzing data to identify housing with lead hazards.

The federal Lead Hazard Reduction Act of 1992 already requires landlords to notify tenants of the presence and hazards associated with lead-based paints. Until recently the law has been largely ignored. However, on July 11, 2001, the federal Department of Housing and Urban Development (HUD) issued a press release announcing that David D. Nuyen, a Washington, D.C., area landlord, pleaded guilty for

… his failure to notify tenants of the presence and hazards associated with lead-based paint. The case is the first-ever criminal prosecution in the United States related to lead hazard warnings that are required by the federal Lead Hazard Reduction Act of 1992. ….

Nuyen will serve two years in prison under the terms of the agreement. "The dangers of lead poisoning have been known for years, but too many children continue to be exposed to lead hazards," said John Cruden, the Acting Assistant Attorney General in charge of the Justice Department's Environment Division. "We will vigorously enforce the federal lead disclosure requirements to protect the public and our children from these unnecessary health risks."

The Vice President of the United States understands the lead poisoning problem. The Department of Health and Human Services has a major anti-lead effort. The United States Department of Justice has instructed U.S. Attorneys to focus on the problem. The United States Department of Education? It is a criminal offense for landlords to remain ignorant of the devastating effects of lead poisoning. Not so for educators. Yet.

Civilian juries seem to understand the problem. On November 7, 2001, the Baltimore Sun reported that a jury awarded $2.16 million to a "19-year-old Baltimore man who suffered lead poisoning as a child" after he sued the landlords who owned the buildings he was raised in. The Sun noted:

As an infant and toddler in the 1980s, Kendall Baker lived in two East Baltimore houses where his blood lead levels rose to four times the level now considered safe by the Centers for Disease Control and Prevention…. As a result, Baker has language and cognitive problems. He dropped out of high school and works as a gravedigger, making $7.50 an hour….

On July 10, 2001, Kweisi Mfume, President & CEO of the National Association for the Advancement of Colored People (NAACP) issued a press release titled MFUME CALLS LEAD PAINT POISONING "THE SILENT EPIDEMIC" that noted:

Ruth Ann Norton, Executive Director, of the Coalition to End Childhood Lead Poisoning, said: "Lead is a neurotoxin that damages the reading and reasoning ability of children. Children who are poisoned by lead are seven times more likely to drop out of school but they also have a preponderance to be more violent, to have Attention Deficit Disorder, to have hearing loss and therefore they have a handicap of being able to compete fairly."

The NAACP issued another press release on October 4, 2001, which stated:

Mfume has been meeting with officials from several states to begin a coordinated action against the lead paint industry. He is asking the states to join the NAACP, which may file a class action lawsuit against the industry to end the threat of lead poisoning in children.

In November, 2000, California voters defeated Proposition 37 (dubbed by opponents the "polluter protection act") partly because the real Erin Brockovich, who was the subject of the Academy Award-winning Hollywood movie about corporate polluters, campaigned against the proposition. The California Catholic Conference provided this pre-election summary of the ballot proposition:

In 1991 the Legislature authorized the collection of 'mitigation fees' from a paint company to pay for a lead poisoning prevention program. In 1997 the California Supreme Court upheld the collection of such fees. The sponsors of Proposition 37 want to reclassify such fees as taxes, a more stringent threshold (requiring a two-thirds vote of the Legislature or voters).

This "lead poisoning prevention program," as described by The San Diego Union-Tribune, "involved a surcharge on paint to offset the cost of screening children for lead contamination." The California Chamber of Commerce, California Taxpayers Association, and California Manufacturers and Technology Association supported Proposition 37 to stop the surcharges that would fund the screening of children for lead, but the proposition was opposed by the American Cancer Society, California Nurses Association, League of California Cities, and the League of Women Voters.

Soon after the voters rejected this "polluter protection act" a San Francisco judge ordered the California Department of Health Services to begin implementing the lead screening of Medicaid children in California (see: http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2000/12/01/MNL36289.DTL).  Although there is already a federal requirement that Medicaid children be screened for lead poisoning, not much actual screening occurs.

In January, 1999, the United States General Accounting Office released a report titled "LEAD POISONING, Federal Health Care Programs Are Not Effectively Reaching At-Risk Children." The New York Times reported (August 22, 1999, pg. A1)

Federal investigators say most states are flouting a 1989 law requiring that young children on Medicaid be tested for lead poisoning. … The General Accounting Office [GAO], an investigative arm of Congress, found that 'few Medicaid children are screened for blood-lead levels,' even though the problem of lead poisoning is concentrated among low-income children on Medicaid.

In fact, the GAO report noted that Centers for Disease Control (CDC) statistics show

More than 8 percent of the surveyed children aged 1 through 5 who were served by federal health care programs had a harmful blood lead level, a rate almost five times the rate for children who were not in these federal programs. Despite federal policies, most children in or targeted by federal health care programs have not been screened. For nearly, two-thirds of the surveyed children aged 1 through 5 identified by CDC as having elevated lead levels, the blood lead test conducted as part of the CDC survey was the first such test they had received.

Read that carefully: nearly two-thirds of the children actually found to be poisoned and who by law were supposed to be screened by federal programs "have not been screened." Conversely it means that for every child found to be lead poisoned by federal programs, there are at least two other poisoned children unidentified. Or put more simply, it means that the actual rate of lead poisoning among children is at least three times the official rate. The GAO report noted

One underlying reason for low screening rates is the widespread belief among providers that lead exposure is no longer a problem in their communities. Most state officials GAO contacted lacked reliable, representative data on the prevalence of elevated blood lead levels and the extent of screening in their states. Another problem is that many children are not receiving adequate preventive health care services, visiting the doctor only when they are sick.

The Arizona Health Care Cost Containment System (AHCCCS - pronounced "access") is the Medicaid provider for indigent children in Arizona. The Arizona Department of Health Services published a report in 2000 titled "Childhood Lead Poisoning Prevalence Rates in Children Enrolled in AHCCCS" on blood lead screening for children "ages five years and younger" which noted that AHCCCS only screened "11% of the AHCCCS population for this age group." In other words, slightly over one-tenth (11%) of those indigent children who managed to surmount the bureaucracy to actually qualify for AHCCCS were ultimately screened for lead poisoning.

Indigent children represent the population most likely to be affected by lead poisoning (five times as likely according to the GAO report). Yet only a minority will qualify for AHCCCS because surmounting the bureaucracy is not easy. In a weeklong Tucson Citizen newspaper series on children's health care in southern Arizona in May, 2000, a Tucson pediatrician wrote in a guest column:

I know that our Medicaid system is held up as a national model of how to provide health care to the poor while containing costs. Yet, from my perspective, AHCCCS is a failure. It should be called BARRIER. Despite changes in the past few years, it still is very difficult to apply for AHCCCS and to maintain AHCCCS eligibility.

Children of parents who earn more than the limits to be ineligible for AHCCCS can be served by a federal matching-fund program implemented in Arizona as "KidsCare." A Tucson Citizen article on November 28, 2000, reported:

Parents already face obstacles to enrolling their children in KidsCare, the state's 2-year-old health-care program for poor children, said Dana Wolfe Naimark, assistant director of the Children's Action Alliance. A lack of enrollment in KidsCare lost the state $76 million in federal matching funds for the program earlier this year. In particular, public schools are still banned from contracting with the state to do outreach for the program, Wolfe Naimark said. Outreach through the schools could add thousands of youngsters to the KidsCare program. Ironically, state law requires any child who would be covered under the program to go without health coverage entirely for six months before enrollment.

But even among the few eligible indigent children who did manage to qualify for AHCCCS, where blood lead screening is mandated by federal law, only 11% were actually screened. The AHCCCS Medicaid system in Arizona is funded in a manner that encourages doctors not to look for, nor find, medical problems. Arizona uses an "HMO" model for AHCCCS, and such "managed care" programs, according to a report by U.S. Surgeon General David Satcher, "may also lead to denial of needed treatment." Doctors are paid a fixed amount per patient from which to treat all ailments they discover.

Thus for doctors to discover asymptomatic ailments such as lead poisoning is economically foolhardy, a point made clear by Dr. Stephen Ragusea, a clinical psychologist at the Child, Adult, and Family Psychological Center in Pennsylvania in commenting on managed care in general: "So, the only incentive to us is to provide less care. My group thinks that's inherently unethical." (see: http://www.erasethestigma.org/stories/kids.html)

Compounding that, children in Arizona who are undocumented immigrants from Mexico are generally not eligible for low-income healthcare. Yet these children attend Arizona schools and are the most likely to be severely affected by lead poisoning. Not only do they have the exposure to lead paint in low-income housing, but they commonly bring lead-glazed ceramicware for food use with them from Mexico, and typically employ the lead-laced folk remedies Azarcon and Greta. Indeed the Arizona Department of Health Services has an active advertising campaign to dissuade Hispanics from using these remedies. In addition, Mexico has not outlawed leaded fuel and many immigrants have elevated blood lead levels absorbed from ambient air pollution.

Therefore the children most likely to be suffering from the preventable brain damage of lead poisoning that results in poor academics and disruptive behaviors in Arizona schools are excluded from the screening and treatment for lead poisoning. These same children are required to be taught by "failing schools" because politicians claim "All Children Can Learn" even though it is the politicians that determine these children are ineligible for health care that might detect the poisoning that prevents them from learning.

As a consequence, each actual case of lead poisoning detected in Arizona children likely resulted from only the 11% of the AHCCCS population that was screened. That, in turn, means for each child found to be lead poisoned there are likely nine more lead poisoned children among those 89% who were not screened. In addition, since only about one-third of the indigent population overcomes the bureaucratic barriers to qualify for healthcare, there are likely to be another twenty undetected lead poisoned children for each detected case of lead poisoning left unseen in the two-thirds of the eligible population that did not qualify. Therefore it is extremely likely there are actually 30 times more lead poisoned Arizona children than actually discovered.

But considering that the population of children most likely to be lead poisoned (from deteriorating paint, imported pottery, folk medicines and air pollution) are undocumented immigrants (a consequence of laborers and hospitality workers from Mexico being low-paid) who are not eligible for healthcare, there are far more than just 30 lead poisoned children in Arizona schools for each one actually discovered. The population where we know there are 30 times as many lead poisoned children as we actually find, does not include the population in Arizona schools most likely to be lead poisoned.

But ironically, even this vastly understates the problem. Detected cases of lead poisoning are defined as blood lead levels above the 10 microgram/dL level. Recent medical research has shown that the most damage from lead poisoning occurs at lead exposures BELOW the 10 microgram/dL level. Thus the children we find are only the extreme cases, a small percentage of those who actually suffer from lead poisoning. So even though those children found to be lead poisoned in Arizona represent only a tiny fraction (certainly less than one-thirtieth, maybe less than one percent) of those who likely are "officially" lead poisoned, even that greater group is only a tiny fraction of those who have brain damaging blood lead levels below that "official" level.

If we only count blood lead levels above 20 micrograms/dL we have a far smaller number of children than those with blood lead levels between 10-20 micrograms/dL because those above 20 micrograms/dL are extreme cases. Likewise, the number of children with blood lead levels between 1-10 micrograms/dL is a far larger population than those above 10 micrograms/dL. So the number of children who are officially designated as lead poisoned, even if we count the thirty times more we know exist from official surveys, and even if we count the children we know must be in the immigrant population that we do not count, that combined total is certainly smaller than the count of children who have brain damaging blood lead levels below 10 micrograms/dL. And all of these children will be concentrated in schools around low-income neighborhoods.

Thus for every single case of lead poisoning discovered among low-income children in Arizona, hundreds more have been overlooked and are attending public schools.

BUT, in addition, it is important to understand that blood lead levels only measure existing toxicity. As the 1991 Newsweek cover story noted "While it can be removed from the bloodstream through chelation, most of the lead that is absorbed into a child's brain sits there, literally, forever." Just because there is no lead detected in the blood of children when they are tested, does not mean it wasn't there creating irreversible damage during their early brain development. So, even though there may be a hundred times as many children with brain damaging blood lead levels equal to those actually "officially" detected, and even though there may be a hundred times more than that with brain-damaging blood lead levels below that official standard, even that does not count those Arizona children whose brains have been permanently crippled by lead poisoning in their early development but who currently lack lead in their blood.

Thus for every single case of lead poisoning discovered among low-income children in Arizona, hundreds more have been overlooked and are attending public schools. And that population will not be spread evenly across the geography of Arizona schools. They will be concentrated in the low-income neighborhoods around schools that become labeled as "failing." These "asymptomatic" brain-damaged children will sit in ordinary classrooms with unsuspecting teachers and fail to learn. Schools staffed by professional educators using the most effective educational techniques on children whose brains are jammed with a neurotoxic metal that prevents them from learning, prevents them from paying attention, prevents them often from even attending, will not be able to overcome the physiological damage that occurred years before the children ever set foot in a school.

We know this has to be true because the lead is out there in the low-income housing environment, and it is foolish to think children in any low-income neighborhood are not being exposed to it. A federal Housing and Urban Development report issued in April, 2001, titled "National Survey of Lead and Allergens in Housing" concluded its executive summary with "one in three homes with resident children under 6 years old have significant lead-based paint hazards." This is an overall average, however, that would indicate the percentage in low-income housing is much higher: well over one-third of low-income children are exposed to environmental lead. But even if it only applies to low-income neighborhoods, one in three homes in those neighborhoods are crippling the brains of the children who reside in them. This is not speculation, "significant lead-based paint hazards" means that those homes which are not poisoning the children were not counted in the one-third statistic.

The City of Phoenix has an active "lead abatement" program. Virtually the entire central core of Phoenix (see: http://www.ci.phoenix.az.us/NSD/enterprise.html) and several neighborhood islands (see: http://www.ci.phoenix.az.us/NSD/nia.html), have been declared lead risk areas. The city has an active policy of remediating homes which house children under six years of age. However, even the City of Phoenix program exists only because the City receives special funding from the federal government. The City of Phoenix itself spends no money on lead abatement, expending only the federal grant money it receives.

By all measures, the City of Phoenix program is outstanding. Homes selected for lead abatement are pre-tested and post-tested both inside and outside to locate the problems and ensure they have been remediated. In the last four years the City of Phoenix has completed lead abatement on 600 homes within the ten square mile area designated for lead abatement. They remediate approximately 6 to 8 homes a month.

The U.S. Department of Housing and Urban Development (HUD) cites the Phoenix program as exemplary and utilizes the City of Phoenix lead abatement training video. One of the bullets under the "Revitalization Division" in the Neighborhood Services homepage on the City of Phoenix website shows "Remediates lead hazards in privately owned low-income housing," and the webpage for the Revitalization Division has a link to "More information about Lead Hazard Control Program." However, the Phoenix program primarily "remediates" by covering the lead with new paint, only removing the lead-based paint on surfaces that are likely to be contacted by small children, such as window sills. This increases the efficacy of scarce dollars in protecting children, but much of the lead, though temporarily sequestered, remains.

Still, the Arizona Department of Health Services annual report on lead poisoning (see: http://www.hs.state.az.us/edc/oeh/pbannual99.htm for the 1999 report, the 2000 report is out but was not listed on the website) lists two central Phoenix zip codes as having the most reported childhood lead poisoning cases in Arizona.

Among Arizona cities, however, the Phoenix abatement program appears to be an anomaly. Tucson has a housing program and Slum Abatement and Blight Enforcement Response (SABER) program. When asked what lead abatement programs were active in Tucson, a program manager involved in the SABER program said "None that I know of." The City website for Tucson's housing program states:

The Community Services Department operates several programs to assist lower income homeowners to repair their homes. These include such programs as emergency home repair, home repair for elderly persons, deferred loans, and target neighborhoods. Together these programs assist approximately 200 families annually, and provide reinvestment in some of the community's poorest neighborhoods. (see: http://www.ci.tucson.az.us/csd/Housing/Home_Repairs/home_repairs.html)

But there is no mention of lead poisoning or the hazards of rehabilitating older homes that contain lead paint.

Another page for the City of Tucson Housing Rehabilitation Collaboration page, posted in October, 2000, notes:

DID YOU KNOW THAT ………

56,000 of the housing units within the City of Tucson are 50 years old or older. This is approximately 30% of the City's housing stock. By the year 2010, it is estimated that 87,000 units will be over 50 years old. While newer homes are being constructed outside the City center, many homes in the older urban neighborhoods are in need of repair. Many of the families living in these older homes do not have the resources to make necessary repairs and neighborhoods continue to decline. (see: http://www.ci.tucson.az.us/csd/Housing/Home_Repairs/Rehab_2000/rehab_2000.html)

Again, there is no reference to lead or lead abatement.

While children's history books tell them of the post-WWII housing boom, the explosion of tract housing ("Levittowns") and the transformation of America into a suburban society, it doesn't mention that these homes were painted with lead-based paints banned in other industrialized countries in the first quarter of the twentieth century. Paints that were not banned in the United States until the last quarter. Paints that were advertised for use in children's rooms that now are laced with lead. Paints that now, thirty or forty or fifty years later, are peeling and powdering in old neighborhoods where low-income infants crawl on floors and put their lead-dust encrusted fingers, as well as everything they find, in their mouths. And scientists say that lead paint chips have a sweet taste.
 

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