Injunctive Relief and Damages Sought for Black Student with Disabilities Who Was Handcuffed, Forcibly Detained by Moreno Valley Campus Security Officers and Riverside County Sheriffs

February 4, 2021
Disability Rights California, Barajas & Rivera APC, and Disability Rights Education & Defense Fund filed a lawsuit in federal court seeking an injunction and damages against the Moreno Valley Unified School District (MVUSD), District Superintendent Martinrex Kedziora, Riverside County, the Riverside County Sheriff’s Department, and Riverside County Sheriff Chad Bianco for harm caused to an 11-year-old Black student (C.B.) injured by school police. The initials of the child and his parents have been abbreviated to protect their identities. [...]

New Analysis of COVID-19 Mortality Risk for Californians with Disabilities Under Age 65

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January 31, 2021
H. Stephen Kaye, Ph.D., released a new data analysis of COVID-19 mortality risk for Californians who receive in-home supportive services (IHSS) or services from the Department of Developmental Services (DDS) — including recipients under age 65. Dr. Kaye finds that the increased risk for mortality among IHSS and DDS service recipients puts them in a risk category equivalent to other Californians in a higher age group. He finds, for example, that disabled recipients of IHSS or DDS services between 45 and 64 years of age are at greater mortality risk from COVID-19 than the general, community-resident population between 65 and 74 years of age. [...]

DREDF Condemns Domestic Terrorism

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January 8, 2021
The Disability Rights Education and Defense Fund condemns the violent insurrectionists loyal to Donald Trump who stormed the U.S. Capitol Wednesday, January 6, in an attempt to overturn the presidential election, threaten the nation’s democracy, and keep a duly elected President from taking office.[...]

DREDF Comment opposes CMS’s Interim Final Rule on COVID-19

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January 4, 2021
When Congress enacted the Families First Coronavirus Response Act (FFCRA) in March 2020, it included "Maintenance of Effort" (MOE) protections that would require a state to preserve existing levels of Medicaid enrollment and service coverage before the state could receive enhanced federal Medicaid funding rates for the public health emergency. With the new Interim Final Rule, the Centers for Medicare and Medicaid (CMS) tries to interpret the MOE protections as allowing a state to reduce "optional" Medicaid benefits that are critical to people with disabilities such as home and community-based services, physical and occupational services, behavioral health services, and dental and vision services during the pandemic, while still drawing down enhanced federal funds. DREDF's comment opposes both the substance of the rule as well as CMS's use of an "interim final rule" which bypasses the usual public comment processes and timeline. [...]

In Honor of Richard “Dick” Thornburgh 1932-2020

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January 1, 2021
"Perhaps the most satisfying change the ADA has brought about is a change in attitude. As new generations of Americans have worked, lived and played side-by-side with persons with disabilities, the debilitating barriers of stereotypes and prejudices are disappearing. Participation in everyday American life has brought a sense of self-worth for persons with disabilities."
- Richard A. "Dick" Thornburgh, Pittsburgh Post-Gazette, May 2, 2015

Prioritizing People with Disabilities for COVID-19 Vaccination

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December 29, 2020
DREDF, along with four other disability or aging organizations that are represented on the California Community Vaccination Advisory Committee, sent a letter to the state’s Vaccination Drafting Guidelines Committee prior to its December 29 meeting. The letter advocates for prioritized vaccination for lower-income persons with disabilities of all ages who receive home and community-based long-term services and supports, as well as those with disabilities who are at great risk of COVID-19 infection and severe illness or death, particularly in light of medical rationing concerns.

DREDF Submits Comments Opposing HHS’ Proposed Regulatory “Sunset Rule”

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December 4, 2020
DREDF submitted comments on HHS' proposed "Sunset Rule," which would impose an automatic expiration date on most HHS regulations unless the agency completes a detailed review and determines to retain it. DREDF's comments urge HHS to immediately withdraw the proposal, as it would create a tremendous administrative burden for HHS and create chaos across HHS programs and regulated entities, including Medicaid, Medicare, the Food and Drug Administration (FDA), and the Centers for Disease Control and Prevention (CDC). DREDF's comments detail how this increased burden could cause regulations essential to the health care needs of people with disabilities to be arbitrarily rescinded. [...]

DREDF Comments Urging TCAC to Adopt Increased Accessibility Standards

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November 20, 2020
On Friday, November 20th, DREDF submitted comments strongly urging California's Tax Credit Allocation Committee (TCAC) to adopt proposed regulatory changes that would increase the number of required mobility and sensory access features in new Low Income Housing Tax Credit (LIHTC) developments. The LIHTC program is one of the state's largest affordable housing development programs. TCAC initially proposed cutting these accessible housing requirements in half, but in response to overwhelming and compelling public testimony, TCAC has now proposed to increase accessible housing in new construction projects. If adopted, these regulatory changes provide an opportunity for California to address the accessibility gap in our state and set an example for the rest of the nation. [...]

Comments on Proposed Decision of California PUC Commissioner Shiroma Authorizing Deployment of Autonomous Vehicle Passenger Service

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November 2, 2020
Autonomous vehicles ("AVs") have the potential to dramatically improve mobility, vehicle and road safety for people with disabilities, including people with sensory, cognitive and physical disabilities. However, the promise and safety of AVs will only be realized if the vehicles and the surrounding infrastructure are fully accessible, and the safety elements consider the needs of all disabled people. [...]

DREDF Files Amicus Brief Defending Landmark College Admission Decision

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October 9, 2020
DREDF, along with other disability rights organizations, filed an amicus brief in Smith v. Regents of the University of California defending the issuance of a preliminary injunction that required the University of California (UC) school system to stop using the SAT and ACT as part of their admission process. The ruling recognized that, under UC's so-called "test-optional" policy, SAT and ACT scores afforded privileged, non-disabled students a "plus factor" in admissions that students with disabilities could not achieve due to a lack of appropriate accommodations and accessible testing sites—a problem highlighted and exacerbated by the COVID-19 pandemic. UC Regents sought a stay of the injunction, in hopes of retaining their discriminatory policy. DREDF's brief details why the case was rightly decided.