Tag Archives: ocr

Feds to Provide Technical Assistance to Ventura County HSA on Civil Rights Compliance

Complaint alleged discrimination on behalf of consumer with disabilities seeking services to overcome homelessness.

In late October 2013, I was assisting one of our adult students with disabilities with his matters involving Ventura County’s Human Services Agency (HSA). His disabilities arising from traumatic brain injury (TBI) had contributed to a 10-year spell of homelessness; it was necessary for us to help him overcome homelessness in order for him to go back to school and get trained in a vocation that would earn him a living.

This was beyond the scope of the work we usually do, plus it was a pro bono case. I only took this case on because I already knew the consumer, have been friends with his family for over 20 years, and was horrified by what I was hearing from them about their efforts to help him. I had no idea I’d end up having to file for fair hearings against every agency we turned to for services on multiple occasions just to access the basic floor of rights promised him under the law.

As bad as special education is, the Universe of adult services is even more screwed up. This is why we have people with mental illness living in the bushes under the freeway. They either have no idea where to begin to get help or are jerked around by the government when they try to get help and lack the skills to advocate effectively for themselves to see their situations resolved. This is exactly why my friend’s family was so thankful that I offered to see what I could do to help.

So, in October 2013, after a series of ridiculous encounters with HSA’s General Relief program staff, I filed a complaint with the United States Department of Health & Human Services, Office of Civil Rights (OCR), alleging violations of Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act (ADA). I’d had enough of the silliness and was so disgusted and offended by how our consumer was being treated by HSA that I did what I do: I wrote a letter to the authorities and narced.

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The Differences Between 504 Plans & IEPs

Click here to listen to the podcast version of this article.

KPS4Parents assists parents pursue a Free and Appropriate Public Education (“FAPE”) for children who need IEPs or 504 Plans. We help in both venues.

Most of the families we serve are involved in the special education process, which calls for an Individualized Education Plan (“IEP”), but we still have a few who are not eligible for an IEP but are eligible for a 504 Plan. Many parents and educators struggle to understand the difference between these two types of legally binding and enforceable documents, so today’s post/podcast is meant to explain how they are similar and how they are different.

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OCR Finds Policy Violates Section 504

On October 29, 2010, the U.S. Department of Education Office of Civil Rights issued an investigation finding regarding the use of temporary aides for special education. We are publishing it here in the hopes that the information can provide a constructive heads-up to other Local Education Agencies (“LEAs”) and empower parents facing similar situations.

The issue, in a nutshell, is the matter of LEAs creating policies that prohibit the application of a student’s unique needs to the development of an offer of a Free and Appropriate Public Education (“FAPE”).?In this case, the issue was the provision of aide services to children who require 1:1 aide support.

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