Ethan's transportation reinstated

Tom DiVerde, who was an advocate with the Office of Clients' Rights Advocacy in San Diego at the time, won an administrative hearing. The decision secured transportation for Ethan Blackhurst, who had severe autism. He was 6 years old. With transportation, he could get from his special education placement to his behavior therapy program, and from his therapy program back home.

Provider replaced

After two good years with one transportation provider, San Diego Regional Center (SDRC) replaced the provider. On the first day, the new service did not pick Ethan up -- not from his special education placement and not from his therapy program. Then the provider would not tell Ethan's mother, Cheryl Rosenblatt, where her son was.

Cut off transportation

Because Ethan was the only person on that bus, Rosenblatt demanded that the service set up a way for her to track her son's whereabouts. SDRC said her demands were unreasonable and cut off Ethan's transportation. SDRC, they said, was not a bus service. Rosenblatt, a single parent with a low-paying job, had to enroll Ethan in a private placement so that she could keep her job.

Placement was not a good fit

According to Rosenblatt, the private placement was not a good fit for Ethan. "They were not willing to go outside the box, said Rosenblatt. "They would not modify the program for Ethan. Their staff was not properly trained. They even expelled Ethan a couple of times, saying it was a day care issue."

Treated Ethan like a piece of paper

"Ethan was high maintenance. He ran off. He resisted toileting. He sometimes hit people." says Rosenblatt. "I was sad because no one wanted to take responsibility. They treated Ethan like a piece of paper, not a person."

Rosenblatt moderated her demands. She kept trying to resolve the matter informally.

Filed a petition

Two years later, DiVerde, who by that time had become a staff attorney with PAI, filed a petition. The petition charged that SDRC had violated its duty to comply with the administrative hearing decision.

Reinstated Ethan's transportation

SDRC hired a lawyer. Negotiations produced a settlement agreement that reinstated Ethan's SDRC-provided transportation. SDRC also reimbursed Rosenblatt for her costs in the private placement. DiVerde filed a motion for attorney fees.

Tom was tenacious

"Thanks to Tom, it all came to fruition," said Rosenblatt. "He was tenacious. He would not let go. He made them listen. He's a really good guy."

Ethan has extra tutoring

Rosenblatt also said that Ethan was doing much better. He was back at the Stein Center, where he had one-to-one staffing. According to Rosenblatt, Ethan loved the people there, and they loved him. He also had extra tutoring to help with his behavior. And his behavior was improving.