HHS Office for Civil Rights Secures Agreement with the University of California to Ensure that Children with Disabilities Have Equal Access to Early Intervention Program

The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a Voluntary Resolution Agreement (Agreement) with the Regents of the University of California over its early intervention program, the University of California Los Angeles (UCLA) Intervention Program, resolving a complaint alleging that the program violated federal disability rights laws. Section 504 of the Rehabilitation Act, Title II of the Americans with Disabilities Act, and Section 1557 of the Affordable Care Act are laws that prohibit discrimination on the basis of disability. Today’s settlement resolves allegations that the UCLA Intervention Program violated these laws by terminating the participation of a toddler with developmental disabilities in its early intervention program and failing to make reasonable modifications to its policies, practices, and procedures that would have allowed the toddler to participate.

“OCR is committed to removing discriminatory barriers that deny and limit opportunities for people with disabilities, including children with disabilities, to participate in and benefit from critical programs and services,” said OCR Director Melanie Fontes Rainer. “Early intervention programs provide important services that support the development and well-being of young children with disabilities. OCR will continue to rigorously enforce civil rights laws to ensure children with disabilities have equal access to these vital services.”

The complaint alleged that the UCLA Intervention Program dismissed the toddler after the toddler experienced a seizure on their second day attending the program. UCLA Intervention Program refused to make reasonable modifications (such as permitting a support person or one-on-one aide) that were necessary to ensure the toddler’s access to early intervention services. After OCR’s investigation, UCLA Intervention Program agreed to take action under the Agreement to resolve potential noncompliance with federal disability rights laws.

The Agreement requires UCLA Intervention Program to:

• Comply with applicable Federal civil rights laws by providing individuals with disabilities an equal opportunity to participate in the UCLA Intervention Program.
• Implement policies and procedures for providing services in a nondiscriminatory manner to individuals with disabilities, including a process to make reasonable modifications to UCLA Intervention Program’s policies, practices, or procedures when necessary to avoid discrimination on the basis of disability. This will include:
  • A process to document and respond to requests for reasonable modifications;
  • The method for determining, at the administrative level, whether making a requested modification would fundamentally alter the nature of UCLA Intervention Program’s services, programs, or activities; and
  • The process for identifying an alternative modification that does not result in a fundamental alteration to ensure the individual with a disability receives the benefits or services in question.
• Train all personnel on UCLA Intervention Program’s policies, procedures, and obligations to not discriminate against individuals with disabilities.
• Report to OCR on implementation of the Agreement and be monitored for a two-year term.

A copy of the Agreement may be found at: https://www.hhs.gov/civil-rights/for-providers/compliance-enforcement/agreements/vra-uclaip/index.html.

This action is the latest in a series of efforts OCR has made to advance and protect the civil rights of people with disabilities. This includes the announcement of the Section 504 of the Rehabilitation Act of 1973 final rule and the Section 1557 of the Affordable Care Act final rule.

For more information on nondiscrimination on the basis of disability, including Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, visit: https://www.hhs.gov/civil-rights/for-individuals/disability/index.html.

If you believe that you or someone else has been discriminated against because of race, color, national origin, disability, age, sex, or religion in programs or activities that HHS directly operates or to which HHS provides federal financial assistance, you may file a complaint with the HHS Office for Civil Rights at:  https://www.hhs.gov/civil-rights/filing-a-complaint/index.html.