5344.01
December 2002
This is a summary of a chapter from PAI’s Accessing Assistive Technology Manual. If you would like more information on this topic, ask us to send you the chapter (or the entire manual).
Regional centers are nonprofit corporations that contract with the Department of Developmental Services (DDS). They provide assessment and case management for people with developmental disabilities. They also buy necessary services and equipment based upon individual needs. There are 21 regional centers throughout California. Each serves a specified geographical area. The law that established regional centers and authorizes services for people with developmental disabilities is called the Lanterman Act.
Assistive technology is part of the services and supports offered by regional centers that can help in social, personal, physical, or economic habilitation or rehabilitation. The Lanterman Act calls assistive technology adaptive equipment and supplies and transportation services. Regional centers must make sure that you get the assistive technology that will help you meet the goals of the Lanterman Act and of your own Individual Program Plan.
If you are not a regional center consumer, you must apply for eligibility to the regional center. The regional center does assessments to determine the nature of your disability. Once you become a regional center consumer, you, your representative and the regional center develop an Individual Program Plan (IPP). The IPP describes your goals and objectives and the services and supports you need to achieve them. The IPP should list any assistive technology you need. Services should include training in the use and care of a device for you, your family, and your assistants.
Decisions on services, supports (including technology) and where you will get them must be made by an agreement between you, your authorized representative, your family (if appropriate) and the regional center. The planning team must make these decisions at the meeting.
The regional center has the primary responsibility to make sure that you get needed supports and services, including assistive technology. It can pay for technology itself by contracting with private agencies, organizations or businesses for the services and supports you need. When possible, it can help you get the technology through other agencies, such as school districts and Medi-Cal. The regional center has the responsibility to monitor your supports and services to make sure that they meet your needs and that they are satisfactory. Regional Center staff may also help you get upgraded equipment when necessary.
If you disagree with any regional center or developmental center decision to deny technology (or any other service or support) that you believe you need, you can appeal by requesting a fair hearing.
The regional center must give you written notice by certified mail before taking certain actions affecting your services or supports. For example, it must send you notice no more than 5 working days after denying a request for a new service or support. If the regional center decides to cut back, stop or change any services in your IPP or to end your eligibility, it must send you notice at least 30 days (in most cases) before taking action.
You must appeal a decision to stop, change or cut back a service or support within 10 days of being notified if you want that service or support to continue until the appeal process is over. Otherwise you have 30 days to file a request for a fair hearing on a form provided by the regional center.
Upon receiving your request for a fair hearing, the regional center must immediately give you notice of your fair hearing rights, including your right to an informal meeting or mediation. You (and your representative, if you have one) have the right to request an informal meeting with the director (or her or his representative) to try to resolve the dispute. You can decide to not have an informal meeting.
The next step in the appeal process is mediation. The mediation is to be held no later than 30 days after the regional center receives the fair hearing request, unless you ask for more time. Either you or the regional center can "waive" mediation (decide not to mediate). If that happens, you still have a right to a fair hearing, the last step in the process, without meeting with the regional center informally. It is your choice.
The hearing will be in front of an administrative law judge (also called a hearing officer). The hearing will be scheduled to be held no later than 50 days of filing the fair hearing request, unless you have a good reason for postponing it.
If the hearing decision is unfavorable, you can appeal to superior court. You must file your appeal within 90 days of receiving the hearing decision. You should ask an attorney to represent you in any appeal to superior court.