How to Request Reasonable Modifications (ADA Title II)
The Americans with Disabilities Act (“ADA”) establishes key legal standards for disability accessibility. Essentially, the ADA requires that services and resources be available and accessible to everyone, regardless of disability status. One of the key aspects of the ADA is the concept of “reasonable modification.” Specifically, under Title II of the ADA, public entities are required to make changes to policies, practices, or procedures in order to make them fully accessible to folks with disabilities. If you or your loved one ever encounters something within the California Department of Developmental Services (“DDS”) that is not accessible, you need to know how to request reasonable modifications (ADA Title II). Doing so ensures that nobody is locked out of the resources they need because of accessibility issues.
California DDS and Reasonable Modifications
As outlined briefly above, a reasonable modification is a change in policies, practices, or procedures that removes barriers to access. Examples might include things like providing sign language interpreters at meetings, publishing documents in accessible formats such as Braille or large print, or adjusting the procedures for scheduling appointments in such a way that accommodates specific needs.
These types of modifications are required under the ADA Title II. However, if a modification fundamentally alters the nature of the service or imposes an undue burden on the public entity, such modifications may not be required.
Because California DDS is a public agency, it is bound by the rules of the ADA. That means that, barring the one exception mentioned above, the DDS is required to make reasonable modifications when a program participant requests them.
How to Request Reasonable Modifications from California DDS
To request a modification, start by contacting your regional center. Alternatively, you can reach out to your service coordinator. Clearly explain what the problem is and what modification you are seeking. Be sure to explain how the modification you’re requesting will solve the problem by making the services you are seeking accessible. Be as specific as you can in your request. Similarly, be ready to provide supporting documentation.
You may make the request in writing, by email, or verbally. In general, it’s a good idea to make you request in writing. That way there is a record of your interactions with the DDS.
If your request is denied, the regional center must explain the reason. You have the right to appeal the decision through the DDS complaint or fair hearing process.
Understanding how to request reasonable modifications (ADA Title II) is important for all DDS participants. These protections ensure that a person’s disability does not become a barrier to receiving resources, care, and support.