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(4.23) Besides state law, what other laws give me communication rights?

(4.23) Besides state law, what other laws give me communication rights?

The state agency that monitors the regional centers – Department of Developmental Services (DDS) – is a public entity within Title II of the Americans with Disabilities Act (ADA). Under Title II, public entities must furnish appropriate auxiliary aids and services to those with disabilities. [1]42 U.S.C. section 12132 et seq. Since DDS contracts with the regional centers to provide services for people with developmental disabilities, the regional centers as well as DDS are prohibited from discriminating against individuals with disabilities. [2]42 U.S.C. section 12132; 28 C.F.R. section 35.130(a) and (b)(1). This means that regional centers services must include appropriate auxiliary aids and services where necessary. In deciding how to communicate with you, the regional center must consider the auxiliary aids and services you requested. [3]42 U.S.C. section 12131; see also 28 C.F.R. section 35.160(b).

A regional center may avoid these responsibilities only if it can demonstrate that complying would fundamentally alter the services the regional center is providing or would be an undue burden on the regional center [4] 28 C.F.R. section 35.150(a)(3). If you believe a regional center is violating the ADA, you should file a complaint with the Department of Justice; information on how to file an ADA complaint can be found at https://www.ada.gov/file-a-complaint/

References
1 42 U.S.C. section 12132 et seq.
2 42 U.S.C. section 12132; 28 C.F.R. section 35.130(a) and (b)(1).
3 42 U.S.C. section 12131; see also 28 C.F.R. section 35.160(b).
4 28 C.F.R. section 35.150(a)(3).