Barajas & Rivera, APC

34 years ago today, the Americans with Disabilities Act (ADA) was signed into law. The ADA was passed to ensure people with disabilities have the same rights and opportunities as everyone else. We are honored to work alongside the disability community to make real the promise of the ADA.

Celebrating a win! 🎉 On June 28, 2024, U.S. District Court Judge Jesus G. Bernal issued an historic permanent injunction ordering Moreno Valley USD to make extensive district-wide changes to reduce its reliance on school police and security officers when responding to students with disabilities including overhauling policies, training of staff, and collection of data. A court appointed independent monitor will oversee the reforms over a 4-year term.

Data shows that rather than promote safety, the presence of school police contributes to the criminalization of students resulting in them being punished, isolated, and pushed out of school. This order puts other school districts on notice that they cannot rely on untrained school police to address disability-related behavior.

In 2019, our client, C.B., a then 10-year-old Black student with disabilities, was repeatedly handcuffed at school for exhibiting disability-related behaviors. During that same school year, the school district’s own data revealed that Black disabled students were 3.63 times more likely to be referred to law enforcement than their non-disabled peers.

Barajas & Rivera APC is co-counsel with Hadsell Stormer Renick & Dai LLP, and ⚖️📚

Barajas & Rivera filed a stay put motion to keep a first grader at his school after the school district unjustly revoked his interdistrict transfer permit based on suspected disability-related behaviors.

Today, we’re thrilled to announce the court agreed and found that our client was entitled to remain at his school pending the results of an administrative hearing. 🎉📚

Barajas & Rivera APC proudly represented a student with juvenile arthritis who faced unjust barriers to her graduation. Despite completing her work with the accommodation of extra time, school administrators threatened to exclude her from the ceremony.

We stepped in, highlighting that this exclusion would be disability discrimination.

Today, we’re thrilled to announce our client will walk in her graduation! Thanks to our dedicated team, she’s rightly celebrating this milestone with her peers. 
Congratulations! 🎉👩🏽‍🎓

A local story highlighting our case and the potential positive impact for students.

Federal Judge Rules Moreno Valley School District Violated Disabilities Act "Federal judge orders Moreno Valley Unified School District to change its policing policy after violating American With Disabilities Act. This could be the first such ruling in the nation and could eventually change the state of policing in schools across the country. Read more to find out why. ...

In 2019, C.B., a then 11-year old Black disabled student, was handcuffed and restrained multiple times at school for exhibiting disablity-related behavior. Now, after Barajas & Rivera APC, alongside Disability Rights California, Disability Rights Education and Defense Fund (DREDF), and the law firm Hadsell Stormer Renick & Dai LLP, filed a lawsuit on C.B.'s behalf, U.S. Federal District Court Judge Jesus G. Bernal has found that Moreno Valley USD's school police program discriminates against disabled students in violation of federal disablity rights laws. Hear Anna Rivera, partner at Barajas & Rivera APC, talk with CBSLA/KCAL9 about the case.

Moreno Valley schools to change policing policy after shocking arrest of disabled student A federal court ruling involving a controversial arrest within Moreno Valley Unified School District could lead to big changes in school policies nationwide. Ross Palombo reports.

Celebrating a win! 🎉
On October 13, 2023, U.S. District Court Judge Jesus G. Bernal found that Moreno Valley USD's school police program discriminates against disabled students in violation of federal disability rights laws.

In 2019, our client, C.B., a then 10-year-old Black student with disabilities, was repeatedly handcuffed at school for exhibiting disability-related behaviors. During that same school year, the school district's own data reveals that Black disabled students were 3.63 times more likely to be referred to law enforcement than their non-disabled peers.

Recognizing that "discrimination against students with disabilities is a serious and pervasive issue in our education system," Judge Bernal's ruling holds the district accountable for its' systemic discrimination against both our client and the thousands of other disabled students in its care. The Court has ordered Plaintiff and Moreno Valley USD to work together on how to bring the district into compliance with federal disability rights laws. ⚖️📚

Although IEPs must be reviewed every year, parents can request an IEP team meeting at any time to discuss concerns like - lack of progress, behavior concerns, or a child's refusal to attend school. The meeting must be held within 30 days of a written request. If you need assistance advocating at an IEP meeting, contact us.

📢 CALL FOR STORIES

Have you tried to make a hotel reservation for an accessible room online and had to take extra steps to ensure you get what you need? If so, please complete our survey by June 30.

Survey link: https://forms.gle/fg3REajZo6nbU7ZB7

We celebrate Ed Roberts today. A leader in the disability rights and independent living movement.

Disability Activist Ed Roberts on "60 Minutes" with Harry Reasoner As Broadcast on CBS in 1989. More Information Available At: http://www.mnddc.org/ed-roberts/index.html

Mucho aprecio por las siguientes empresas que están apoyando nuestra 2da Exposición Anual de Deaf Latinos con patrocinio monetario y en especie. Más que agradecido! 🙏🏽🙏🏽

Supervisora del Condado de Los Ángeles Hilda Solís
So Cal Gas
Molina Healthcare
JC Print & Design
ProBono ASL
Dawn Sign Press
Southern California Resource Services for Independent Living
LOUD

¡Ayúdanos a agradecerles uniéndose a nosotros en un día cultural lleno de diversión con su familia y amigos!

*Descripción del volante en los comentarios*
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Much appreciation for the following companies that are supporting our 2nd Annual Deaf Latinos Expo with monetary and in-kind sponsorship. Beyond grateful! 🙏🏽🙏🏽

Los Angeles County Supervisor Hilda Solis
So Cal Gas
Molina Healthcare
JC Print & Design
ProBono ASL
Dawn Sign Press
Bravo Foods USA
Southern California Resource Services for Independent Living
LOUD

Help us thank them by joining us for a fun filled cultural day with your family and friends!


💖

* Flyer description in comments *

New resource alert!

Summer is starting to fade, but there’s still time to have some outdoor fun and your regional center may be able to help with the cost!

If you or your child has a developmental disability, learn how your regional center could possibly pay for camping, social recreation, and other related services under the Lanterman Act.

In this new self-advocacy resource from DRC, learn about:

Who gets these services
How to request these services
Advocacy Tips
And more…

This resource is available in multiple languages – select your preferred language from the right side of your screen or the bottom of your screen if you are using a smart phone.

Learn more here: http://ow.ly/NmCL50KgaLe

: The RULA Manual website is now updated, live, and available in English and Spanish!

What is the RULA? RULA stands for “Rights Under Lanterman Act,” and our RULA Manuel explains:

• The Regional Center system and the rights under the law;
• How to get and use regional center services; and
• What to do if you disagree with regional centers.

Check out this new page for full instructions on how to use DRC’s RULA Manuel, with step-by-step instructions and an information video by DRC’s supervising attorney and self-advocate Bebo Saab.

Learn more here: http://ow.ly/FFQu50JGa8K

You have the opportunity to provide feedback to the Department of Rehabilitation (DOR)!

DOR is proposing updates and changes to some of these regulations. Before any changes are made, the law requires that the public has an opportunity to provide comments. This opportunity is especially important for people with disabilities, because these rules can directly affect us.

Learn about these proposed changes and find out how you can provide feedback here: http://ow.ly/zg9w50JsZhs

The deadline to make public comment is June 24, 2022.

This Saturday! (May 21)

Do you or someone you know need reasonable accommodations due to a disability to succeed in college? Learn about your rights and the process for receiving reasonable accommodations at our upcoming online drop-in clinic. You’ll be able to speak with an advocate about your rights at your college, university, or vocational training program.

May 21, 10 AM – 12 PM

Drop in any time during the session, first come, first served. Limited availability.

Find the link to join here: http://ow.ly/wLxQ50JbBNE

Barajas & Rivera proudly signed on in support of Judge Jackson’s confirmation. Read the statement and learn more Judge Jackson below.
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After releasing our preliminary review of Judge Ketanji Brown Jackson’s previous court decisions, 45 organizations have signed on to our statement. These organizations support our research and want to voice their support for her confirmation. We all agree that Judge Jackson has a track record demonstrating her understanding of the importance of disability and other civil rights laws. She has continually proven that she is fair in her application of the law and is committed to upholding justice for everyone. We are urging for the swift confirmation of Judge Jackson as we believe she will be a much needed voice on the Supreme Court and will continue advocating for those with disabilities. Read our statement with signatories and take action with link in bio or here: https://conta.cc/3CSzFfi

The Americans with Disabilities Act (ADA) does not require service dogs to wear a vest, ID tag, or special harness identifying them as service dogs. Businesses or organizations covered by the ADA, such as a school, supermarket or bank, are not allowed to require documentation as a condition for entry. They also cannot ask about the nature of the person's disability.

Where it’s not obvious that the dog is a service animal, staff may ask only two specific questions: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform?
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We had an amazing time today volunteering with Pride Republic to stuff over 2,000 backpacks with school supplies to help get kids ready for classes this fall. These backpacks are destined for clients of AltaMed, a community based health clinic in LA that provides health services to underserved communities regardless of ability to pay. 🎒🏳️‍🌈

Pride Republic is the official home for LGBTQ+ supporters of Los Angeles Football Club providing a diverse community for active support, service, and kinship. They are dedicated to access, equality, and justice in sport by providing an affirming home where everybody belongs.

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Did you know July Is Disability Pride Month? Giving people with disabilities a platform is important. Please share and help amplify this post to get the word out. 💜

Are you a student or parent of a student who attends school in the Inland Empire? Do you have concerns about your student’s special education program? Join us to share your concerns and learn about the Disability Justice Law & Organizing Project and it’s work to support quality special education for all students.

There will also be a Q&A session with attorneys from Barajas & Rivera to answer questions regarding student and parent rights in special education and related federal and state disability law.

The session will be in English and Spanish.

Registration link in bio. ************

¿Es usted estudiante o padre de un estudiante que asiste a la escuela en Inland Empire? ¿Tiene preocupaciones sobre el programa de educación especial de su estudiante? Únase a nosotros para compartir sus inquietudes y aprender sobre el Disability Justice Law and Organizing Project y su trabajo en apoyar la educación especial de calidad para todos los estudiantes.

También habrá una sesión de preguntas y respuestas con abogados de Barajas & Rivera para responder preguntas sobre los derechos de los estudiantes y los padres en la educación especial y las leyes federales y estatales relacionadas con la discapacidad.

La sesión será en inglés y español.

Enlace de registro en la biografía.

Court Denies Motion to Dismiss Legal Case Against Moreno Valley Unified School District

In February, DRC, Barajas & Rivera, APC Disability Rights Education and Defense Fund (DREDF) filed a lawsuit seeking an injunction and damages against the Moreno Valley Unified School District & others for harm caused to an 11-year-old Black student injured by school police.

Read more here: http://ow.ly/Rehe50Fliqb

Celebrating a win! 🎉 Yesterday, U.S. District Court Judge Jesus G. Bernal ruled that our client, C.B., an 11-year-old Black student with disabilities could proceed with his civil rights lawsuit against the County of Riverside, Moreno Valley USD, and several individual officers. C.B. brought his lawsuit to address, among other things, the fact that he was unlawfully handcuffed while at school. In rejecting the County’s and District’s motions to dismiss, Judge Bernal ruled that C.B.’s Fourth Amendment claims against unreasonable seizures, as well as his disability and race discrimination claims and related state law claims could be litigated. We are pleased with the Court’s very thorough and thoughtful decision. We are also gratified with the Court’s expectation that the County must address C.B.’s racial discrimination claims “with the same rigor as any other claims by offering legal authorities and arguments as to why they fail[,]” instead of relying on “facile jargon, which is both offensive and legally insignificant” to rebut C.B.’s race based claim. Barajas & Rivera is working with co-counsel Disability Rights California and Disability Rights Education and Defense Fund (DREDF) on this case.

This is a fitting win to share on the eve of Juneteenth as Barajas & Rivera honors the history of Black Americans and continues the fight for racial equality. ⚖️

Entities covered by the Americans with Disabilities Act (ADA), which include places like schools, supermarkets, and banks, may not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, as a condition for entry.

There are individuals and organizations that sell service animal certification and/or registration documents. However, these documents do not convey any rights under the ADA and the U.S. Department of Justice has stated that it does not recognize them as proof that the dog is a service animal. 🦮

In recognition of April as Autism Acceptance Month, we're highlighting a short film about representation made by and with nonspeaking autistic people.

Repost Communication First
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On December 24, 2020, the musician Sia publicly offered to fund CommunicationFIRST to make an introductory short to her new movie MUSIC. The short was intended to help humanize and spread awareness about real nonspeaking autistic people, who were left out of MUSIC, despite being the subject of the movie. After a team of nonspeaking and autistic people brought together by CommunicationFIRST in January 2021 previewed MUSIC and provided feedback and recommendations to Sia on how to improve it, they received no response from her team. In early February 2021, CommunicationFIRST decided to move forward to produce a self-funded short by and with real nonspeaking autistic people, and to launch it on February 12, 2021, the MUSIC US release date. The film LISTEN is the result. https://communicationfirst.org/LISTEN/

LISTEN | CommunicationFIRST LISTEN LISTEN Movie Shorter Versions Audio-Described Versions Transcripts Press Releases LISTEN in the News LISTEN to Us Toolkit Nonspeaker Feedback on MUSIC The Making of LISTEN On December 24, 2020, the musician Sia publicly offered to fund CommunicationFIRST to make an introductory short to her n...

Here is an important article in USA TODAY and The Hechinger Report about the long lasting negative impact that suspensions, expulsions and in-school arrests have on students of color. “For Black boys and other children of color, the increased risk of being punished at school begins as early as preschool, according to government data. And by middle school, the school-to-prison pipeline for Black, Latino and Native children can be unsparingly direct.”

William, our client’s father, shares in the article that even now, over a year after being handcuffed and injured at school for exhibiting disability-related behaviors, his son has trouble sleeping “ and often comments that “everybody thinks he’s bad.’ “

Suspensions, handcuffs, jail — middle school discipline falls heavily on vulnerable kids Middle school remains a key entry point to the criminal justice system, especially for Black, Latino and Native students and those with disabilities.

If a parent audio records an IEP meeting, California law allows the school district to also audio record. However, if the school district initiates the notice of recording a meeting and the parent objects or refuses to attend because the meeting will be tape recorded then the IEP meeting cannot be audio recorded.

From helping to interrupt self-harming behaviors to picking up a set of dropped keys, service animals can help people with a wide range of disabilities lead safe and more independent lives.

California school districts are allowed to charge a reasonable copying fee that doesn’t exceed the actual copying costs. If a parent cannot afford the copying fee, the copies must be provided at no cost.

Disability Rights California, Barajas & Rivera APC, and Disability Rights Education & Defense Fund filed a lawsuit in federal court after a Moreno Valley Unified School District student was forcibly detained

“He was handcuffed at least four times in four months for doing nothing wrong -- except being born Black with disabilities.”- Mother of the child

Read the full press release: https://www.disabilityrightsca.org/press-release/lawsuit-claim-seeks-injunctive-relief-and-damages-for-black-child-with-disabilities