McCullough v. California Department of Developmental Services

In April 2020, Disability Rights Advocates and Disability Rights California filed a class action lawsuit against the California Department of Developmental Services (DDS) on behalf of deaf individuals with intellectual and developmental disabilities (I/DD). The lawsuit sought to address the state agency’s discrimination against deaf people who depend on regional center programs and services funded and administered by DDS. DDS’s data indicates that there are more than 10,000 deaf consumers who rely on its program.

On October 2, 2020, a federal judge denied DDS’s motion to dismiss the case. In asking to dismiss the lawsuit, DDS argued that it was not responsible for any discrimination by local regional centers. U.S. District Court Judge Susan Illston disagreed with DDS and said that “DDS is charged with ensuring ‘the regional centers operate in compliance with federal and state law and regulation,’ including by ‘tak[ing] all necessary actions’ to secure compliance.”

After that, we engaged in lengthy negotiations with DDS and ultimately agreed on a robust proposed settlement to resolve the class claims that DDS has systemically failed to ensure deaf consumers receive effective communication through accommodations such as sign language interpreters and video phones, in violation of Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and California Government Code section 11135. Read the Settlement Agreement here.

In September 2023, a federal judge approved the class settlement, and it became effective.

Under the settlement agreement, DDS will work with the 21 regional centers that coordinate I/DD services to offer communication assessments to deaf consumers, offer specialized training to regional center staff and service providers, develop a housemate matching system for deaf consumers, and conduct outreach to work with local agencies that have experience providing services to deaf people. In addition, DDS will:

• hire a statewide deaf specialist with knowledge about providing services and supports to deaf people;
• work with experts to help DDS make decisions about how to support deaf people;
• provide funding to each regional center to hire a deaf services specialist to better serve deaf consumers;
• make services for deaf consumers a priority for specific grant funding;
• create a webpage with information about deaf services; and
• send a reminder to Regional Centers of the ADA’s requirements for the provision of effective communication to individuals who are deaf.

The case is McCullough, et al. v. Cal. Dept. of Developmental Servs., et al., Civ. No. 3:20-cv-02958-SI (N.D. Cal.) and was filed in the United States District Court for the Northern District of California by three deaf Californians who receive services from DDS. Plaintiffs are represented by Disability Rights Advocates and Disability Rights California, the state’s federally mandated protection and advocacy agency. Plaintiffs did not seek and will not recover monetary damages.