People with developmental disabilities in California are protected by two important legal frameworks. At the state level, there is the California Department of Developmental Services (“DDS”) system. And at the federal level, the Americans with Disabilities Act (“ADA”) prohibits discrimination on the basis of disability. While both promote equality and inclusion for developmentally disabled individuals, they also serve different purposes. To understand fully the rights and opportunities available to developmentally disabled individuals, it’s important to understand ADA vs DDS rights in California.
An Overview of DDS Rights
To be clear, the California DDS does not itself grant, enforce, or protect legal rights. Rather, it is an agency through which the services to which developmentally disabled people are legally entitled are administered.
But the actual legal rights that undergird the DDS, and that offer protections to Californians with disabilities, arise largely from California’s Lanterman Developmental Disabilities Services Act. Pursuant to this piece of legislation, individuals with qualifying developmental disabilities have the right to services that promote independence, community integration, and personal choice.
These rights are exercised through DDS regional centers, which assess eligibility, develop Individual Program Plans (“IPPs”), and fund services such as residential care, job coaching, behavioral supports, transportation, day programs, and many more. Additionally, under the Lanterman Act, you also have a right to appeal any DDS decision or action you may disagree with.
Ultimately, DDS rights in California focus on ensuring that each person receives the supports needed to live a fulfilling life. Services are entitlements—meaning eligible individuals have a legal right to them—and the system must tailor supports to their specific needs.
An Overview of ADA Rights
On the other hand, the ADA is a federal law. In general, it guarantees equal access to public life for all people with disabilities. The ADA covers employment, housing, public transportation, schools, and government programs.
Additionally, the ADA requires employers and public agencies to provide reasonable accommodations. In essence, reasonable accommodations are any changes that allow disabled individuals to participate. The ADA also prohibits policies or practices that discriminate based on disability.
Key Differences Between ADA Rights and DDS Rights
The starting place to understand ADA vs DDS rights in California is knowing that the DDS does not itself grant rights. The DDS provides services and resources. On the other hand, the ADA is a federal law that grants disabled folks specific rights.
With that said, the DDS is still an important part of California law. Through it, disabled individuals can exercise their right to receive individualized care.
Another key difference is that the ADA does not provide any services. But DDS provides a broad range of services. Put simply, DDS rights ensure access to specific services and supports. Meanwhile, ADA rights protect all people with disabilities from discrimination nationwide. The DDS and the ADA, while different, ultimately work together to ensure individualized care and equal participation in society.