FY 10 Annual Report

Download the Fiscal Year (FY) 2010 Annual Report in PDF

October 1, 2009 - September 30, 2010

• From the Executive Director
• WVA Programs & Services
• Funding by Program
• WVA’s Services
• Services Provided
• Protection and Advocacy for Individuals with Developmental Disabilities (PADD)
• Protection and Advocacy for Individuals with Mental Illness (PAIMI)
• Protection and Advocacy for Individual Rights (PAIR)
• Protection and Advocacy for Individuals with Traumatic Brain Injury (PATBI)
• Protection and Advocacy for Assistive Technology (PAAT)
• Client Assistance Program (CAP)
• Protection and Advocacy for Beneficiaries of Social Security (PABSS)
• Protection and Advocacy for Voting Access (PAVA)
• Potomac Center
• Litigation
• Systemic Advocacy
• Community Advocacy
• Funding

From the Executive Director

Every year when we do the Annual Report, I have an opportunity to step back from the swift moving daily demands of leading and managing West Virginia Advocates and look at what all that leadership, managing, and hard work by our staff looks like as a snapshot of the year. FY 2010, which began in October 2009, was a very exciting, rewarding, demanding, and challenging year. In addition to the planned work we did, it seemed, almost weekly, new challenges burst into the lives of people with disabilities in WV.

Bureau of Medical Services’s plan to radically change Medicaid from ‘fee for service’ to ‘managed care’ for most people on SSI was both a surprise and a major challenge. WVA became involved in this issue to assure that all federal requirements are met and people do not lose access to services.

2010 was the year a new Title XIX MR/DD Waiver application was due to be submitted, by WVDHHR, to the Centers for Medicaid and Medicare (CMS) in order to continue operating that program for the next five years. The application has been approved and will make significant changes in people’s lives in 2011. The long promised option of self-directed services becomes available when the new Waiver Manual goes into effect, hopefully in the Spring of 2011. While not the option of choice for everyone, it is an excellent opportunity for many.

The Hartley Case Management and TBI Order proceeded in 2010 with some service related results becoming reality in FY 2011. A collaborative project between the Developmental Disabilities Council and WVA to create a high quality, comprehensive, special education tool kit for parents to use in advocating their children’s educational rights moved ahead, and should be available at no cost to families by Summer 2011.

FY 2010 brought two new and exciting opportunities to WVA. We had our first ever summer law intern from the WVU School of Law. As a result we accomplished needed research on voting rights and guardianship, and produced a brochure on the voting rights of people with disabilities, with and without guardians in WV. The project was so successful that WVU Law School has accepted WVA as a regular participant in their summer law intern program! The other event was hiring an Advocate who has part of their duties dedicated to representing WVA at the WV Legislature. It has been more than a decade since WVA has been able to do this.

Employment and the economy did not do well in America in FY 2010, and employment rates for people with disabilities, which are always lower than the rest of the workforce, were definitely impacted. WVA spent the year trying to build new networks to improve the situation. WVA hosted two major conferences in FY 2010 targeted at employment and housing, two essential services that are real issues in WV.

I mention these things because for WVA, an agency with about 20 staff, they required a high level of expertise and considerable resources in addition to our direct services to clients and planned systems work. They are a critical part of what we do at WVA, because they have impact on policy making, budgeting, and legislation; all of which pave the road to the future. Unfortunately, they do not fit well into graphs and pie charts.

2010 taught us, at a level beyond what we already recognized, just how fragile the service delivery system is in WV, and just how little control people with disabilities and their families really have over the services they depend upon, not only for quality of life, but, all too often, for survival itself. I mention these things, because when you look at a year’s worth of data, it only captures part of the story. It is like a photo taken on graduation day. You get the moment, but cannot see what it took to get to the moment.

WVA Programs & Services

We are designated as West Virginia’s Protection and Advocacy System (P&A). Every State is mandated by the Federal government to have a P&A. WVA has eight programs that are federally mandated and funded, as well as one West Virginia State contract. Each program serves individuals with different disabilities and related rights issues. Our services are confidential and free of charge.

We can help people by giving information and providing referrals, investigating abuse and neglect, providing direct advocacy, providing training on self-advocacy, providing legal representation, and engaging in systemic advocacy and litigation.

WVA sets specific priorities and objectives (P&O’s) each year for selecting cases for representation and/or advocacy services. Our P&O’s can be found on our website (wvadvocates.org). WVA’s acceptance of direct advocacy and legal cases is determined by a variety of criteria: disability related eligibility criteria established by our funders, our annual priorities and objectives, our budget, as well as related fiscal factors.

Funding by Program

Text description of the Funding by Program chart.

WVA’s Services

Systemic Advocacy Services

Activities or projects which have the potential to impact populations or systems, such as advocacy on behalf of groups, investigations, monitoring and research. It also includes collaboration, agency support or participation on committees, task forces, and class action/group impact litigation.

Community Advocacy Services

Activities or projects that provide outreach and educational presentations to people with disabilities, professionals, and the community at large. It also includes training in self-advocacy, training professionals, needs assessments, publications, and media.

Information and Referral

The provision of brief written or oral information about the P&A, including information about additional programs and resources external to WVA that relate to the individual’s service needs and statutory or constitutional rights as a person with a disability.

Direct Advocacy Services

Abuse/Neglect Allegation

A systemic and thorough examination of information, records, evidence, and circumstances surrounding an allegation of abuse and neglect. Investigations are undertaken for the purpose of determining if there is basis for administrative or legal action on behalf of the client. Investigations require a significant allocation of time that includes interviewing witnesses, gathering evidence, and generating reports.

Litigation

A service request is being handled by an attorney using the court system for complaint resolution.

Representation at Hearings

A service request where the resolution lies in representing the client in an administrative hearing.

Representation at Meetings

A service request where the resolution lies in representing the client at a meeting or series of meetings.

Short-term Assistance

Time limited advice and counseling assistance including reviewing information, counseling a client on actions one may take, and assisting the client in preparing letters, documents or making telephone calls to resolve the issue.

Technical Assistance

Includes provision of information, referral, or advice to a client by an attorney or advocate (e.g. coaching the client in self-advocacy, explaining service delivery system(s) available to meet needs, dissemination of information and materials to client, etc.).

Services Provided

Service Area

In Fiscal Year (FY) 2010, West Virginia Advocates provided services to individuals with disabilities in 54 counties in West Virginia. Total Number of Services Provided: 1081

Services Provided by Program

Text description of the Services Provided by Program chart.

Services Provided by Service Type

Text description of the Services Provided by Type chart.

Protection and Advocacy for Individuals with Developmental Disabilities (PADD)

Established by Congress under the Developmental Disabilities Assistance Bill of Rights (DD) Act of 1975. In 1977, the PADD program was established in West Virginia. The PADD program serves to advocate that individuals (adults and children) with developmental disabilities are afforded appropriate services in accordance with their individual needs. PADD is funded by the Administration on Developmental Disabilities, Administration for Children and Families, U.S. Department of Health and Human Services.

Problem Areas

Text description of PADD’s Problem Area pie chart.

Highlights

A parent requested WVA attend a manifestation determination meeting on behalf of a student. The school wanted to expel the student. WVA provided technical assistance, explaining the manifestation determination process and points for the parent to bring up during the meeting that showed the school system failed to implement and provide training on the behavior plan. Due to WVA’s assistance, the parent successfully advocated for the student at the meeting. The student’s behavior was determined to be a manifestation of his disability, and the student was allowed to remain in his current placement. The school was found at fault regarding both issues related to the behavior plan.

A parent requested representation at an IEP meeting related to a student’s removal from the school setting outside of the IEP process and without a manifestation determination meeting. WVA provided technical assistance by suggesting the parent write a letter outlining events from the time she was contacted by the school and to request an IEP meeting as soon as possible. The parent then informed WVA that the issues were completely resolved.

In FY 10, WVA received eleven (11) separate reports of alleged abuse/neglect at an institutional setting for children with developmental disabilities. Instead of investigating each allegation separately, WVA ensured that all reports were passed along to the appropriate State agencies for their investigation. Upon investigation by the State, the facility was placed on a provisional license and their admissions were frozen pending correction of the problems found. WVA also participated on a committee responsible for reviewing all aspects of the services received by the children at this institution and ensured their continued safety throughout FY 10. The employment of several facility staff members was terminated following the investigations that were conducted by the State. WVA intends to continue to diligently monitor this facility throughout FY 11.

Protection and Advocacy for Individuals with Mental Illness (PAIMI)

Established by Congress under the Protection and Advocacy for Individuals with Mental Illness Act of 1986. PAIMI was formed to help individuals with mental illness in both institutional and community settings and to investigate abuse, neglect and rights violations on their behalf. PAIMI is funded by the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Center for Mental Health Services.

Problem Areas

Text description of PAIMI’s Problem Area pie chart.

Highlights

WVA monitored at WV state psychiatric hospitals a total of 52 times; 29 visits at Bateman Hospital, and 23 visits at Sharpe Hospital. During monitoring, WVA also collected data for the WVA attorneys and parties to the Hartley litigation. The key problem identified was persistent overcrowding at both hospitals. Two new treatment units were opened at Bateman Hospital which alleviated overcrowding at that hospital. WVA successfully advocated that the new seclusion rooms at Bateman Hospital be provided with amenities to comply with Title 64 CSR 59. WVA completed numerous face-to-face intakes with patients and provided information to patients regarding their rights. The overcrowding at Sharpe Hospital persists and has become an issue the Hartley Court Monitor is addressing through the court order implementation process.

An individual with mental illness in a state psychiatric hospital who was ready for discharge contacted WVA for assistance with discharge from the hospital. However, financial resources and appropriate placement were barriers. WVA provided assistance to the treatment team at the hospital with the initial application for SSI and medical insurance for the individual after discharge. Also, WVA filed an appeal regarding denial of placement in the community, which was resolved by getting the individual on the list for a transitional group home. As a result, the individual was approved for SSI and medical insurance, and was discharged to a transitional home.

An individual contacted WVA for assistance because his representative payee purchased a pre-needs burial contract for the individual, with his funds, without his input, and falsely represented themselves as the individual’s legal representative. WVA filed complaints with the payee organization’s CEO and with the Social Security Administration. WVA’s attorney communicated with the payee organization’s attorney. As a result, the individual’s money was returned to him and the burial plan was cancelled.

Protection and Advocacy for Individual Rights (PAIR)

PAIR was established by Congress under the Rehabilitation Act of 1993. In 1994, WVA was designated the Protection and Advocacy for Individual Rights (PAIR). The PAIR program was formed to assist individuals with disabilities who are not eligible for other advocacy programs within WVA. PAIR is funded by the Rehabilitation Services Administration, Office of Special Education and Rehabilitative Services, U.S. Department of Education.

Problem Areas

Text description of PAIR’s Problem Area pie chart.

Highlights

A parent requested information regarding her child’s rights and options for an upcoming Manifestation Determination Review meeting. WVA provided technical assistance by presenting options for different potential outcomes for the meeting. WVA made suggestions on how to argue that the school was at fault for the issues in question. The behavior in question was determined to be a result of the student’s disability. The team agreed that the school had not implemented the student’s behavior plan and had failed to write a goal in the student’s IEP for impulsiveness, which was listed as a weakness in on the IEP. WVA gave suggestions to the parent regarding the upcoming IEP meeting.

An individual in a state prison contacted WVA for assistance with getting an unused feeding tube removed after neck cancer surgery. WVA corresponded with the prison’s medical staff both verbally and in writing; as a result, the individual’s feeding tube was removed.

Parents requested assistance in getting the school to provide special education services to their son. WVA provided technical assistance and information to the parents regarding eligibility, prior written notice and IEP development. As a result of WVA’s guidance, the parents were able to advocate for their child’s educational needs and obtained an appropriate IEP.

A parent requested assistance with the school not fully implementing their child’s IEP. The child was frustrated because he cannot do the reading/written work in class. WVA suggested the parent send a letter to the special education director regarding the reduction of reading services, lack of Prior Written Notice (PWN), non-implementation of the IEP by the teachers in the General Education Environment (GEE), and the GEE teachers not being provided copies of the IEP. WVA also sent the parent information regarding transition, our employment conference and an education packet. As a result of WVA’s interaction, the parent was educated about special education policy 2419 and is better prepared to advocate for the child throughout his education.

Protection and Advocacy for Individuals with Traumatic Brain Injury (PATBI)

PATBI was created in 2002 to expand advocacy services for individuals with traumatic brain injuries and to expand the service delivery system for this group of individuals. PATBI is funded by the Health Resources and Services Administration, U.S. Department of Health and Human Services.

Problem Areas

Text description of PATBI’s Problem Area pie chart.

Highlights

WVA obtained toolkits from the Centers for Disease Control (CDC) entitled “Heads Up: Concussion in Youth Sports” and “Heads Up: Concussion in High School Sports.” They were distributed to one hundred ten (110) high schools and three hundred twenty-six (326) YMCAs and Middle Schools throughout the state to raise awareness of TBI and concussion in adolescents. These kits can provide sports organizations with a tool to be used to prevent TBI in youth sports activities and improve immediate response when TBI occurs. A press release was sent to two hundred sixty-three (263) media outlets around the state via eNR Services NewsWire One press release service.

A individual requested WVA’s assistance in getting discharged from the State psychiatric hospital into the community. WVA provided assistance to the treatment team in seeking a placement of the individual’s choice. WVA contacted the individual’s guardian for access to the individual and records. WVA met regularly with the individual over the telephone and in person. WVA assisted the individual’s WVDHHR social worker, hospital social worker, and the WVUCED behavior specialist to obtain placement in the community. WVA provided the individual with information about rights as a person with TBI receiving services and educated the individual to advocate on his own behalf. Due to WVA’s advocacy, the individual was discharged from the State hospital with supports and services in the community.

An individual’s legal guardian requested representation at a hearing regarding a reduction in the individual’s Title XIX Home and Community Based Aged and Disabled (A&D) Waiver services. WVA reviewed documents related to the reduction in services. A WVA attorney discussed the issues with the individual’s legal guardian and advised her to represent the individual at an administrative hearing with technical assistance provided by WVA. The individual’s legal guardian was subsequently informed that the individual was being restored to his previous level of services on the A&D waiver without an administrative hearing.

Protection and Advocacy for Assistive Technology (PAAT)

PAAT was created in 1994 when Congress expanded the Technology-Related Assistance for Individuals with Disabilities Act (Tech Act). This program was formed to help individuals with disabilities obtain assistive technology devices and services. PAAT is funded by the Rehabilitation Services Administration, Office of Special Education and Rehabilitative Services, U.S. Department of Education.

Problem Areas

Text description of PAAT’s Problem Area pie chart.

Highlights

A parent contacted WVA in regard to her child’s school failing to get an appropriate assistive technology evaluation within the timelines required by law. Through WVA’s intervention, including representation at an IEP meeting and negotiation with the school district, the school district obtained an independent evaluation. The school district then purchased an assistive technology device recommended by the evaluation and agreed to provide appropriate training to staff as required by the IEP. The individual was also approved for Extended School Year services.

A parent requested assistance with ensuring their child’s needs were met on the IEP including the use of an assistive technology device in accessing his education. WVA attended an IEP meeting, after which the school district agreed to provide the individual with extended school year services for the summer of 2010 including direct services in the Wilson Reading Program, math and assistive technology. The school district purchased assistive technology recommended by two outside agencies.

An individual in prison requested assistance with gaining access to a C-PAP machine to aid in breathing and sleeping. WVA advocated with the prison officials for the use of the C-PAP machine as medically ordered. The individual gained use of the C-PAP machine at night.

Camp Gizmo is a week-long hands-on camp where parents, professionals and students learn how assistive technology can help young children with significant as well as multiple developmental needs in everyday activities. The children are from birth-to-nine (9) years of age. It is funded by the West Virginia Department of Education and West Virginia Birth to Three program. WVA set up an outreach display for this event. WVA staff gave a presentation with handouts on “Being an Effective Advocate for a Child with Special Needs.” Seven (7) people attended this session. WVA also participated in a resource panel to share information about WVA and accessing assistive technology. Forty-two (42) people attended the panel session.

Client Assistance Program (CAP)

Established as a mandatory program by the 1984 Amendments to the Rehabilitation Act, the CAP Program was formed to help individuals receiving services funded under the Act. CAP is funded by the Rehabilitation Services Administration, Office of Special Education and Rehabilitation Services, U.S. Department of Education.

Problem Areas

Text description of CAP’s Problem Area pie chart.

Highlights

An individual contacted WVA for clarification concerning West Virginia Division of Rehabilitation Services’ (WVDRS) Policy related to WVDRS sponsorship for college. WVA shared relevant Policy with the individual and discussed the Policy as it affected her case. The individual had to borrow money for tuition. After school started and the individual was still not getting any services from WVDRS, the individual agreed to let the advocate contact WVDRS on her behalf. As a result, WVDRS paid some of the individual’s tuition, and she received reimbursement for the tuition she had already paid. In addition, WVDRS agreed to provide the individual with a computer, software, and a printer as well as maintenance funds for gas.

An individual wanted assistance getting an American Sign Language interpreter for classes to increase his literacy skills. This was not being provided by WVDRS. The advocate contacted the individual’s rehabilitation counselor, after which the individual signed an Individual Plan for Employment (IPE) under which WVDRS will be paying for a tutor, who is deaf and uses sign language, for reading and math. WVDRS will also be paying for a speech therapist to help the individual with lip reading.

An individual requested assistance in getting maintenance funds (gas, food, & parking) from WVDRS while she attended school. The advocate contacted the individual’s rehabilitation counselor on behalf of the individual after which they agreed to provide the funds.

Protection and Advocacy for Beneficiaries of Social Security (PABSS)

Established by the Ticket to Work and Work Incentive Improvement Act of 1999 for individuals with disabilities who receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) who want to work or return to work. PABSS is funded by the Social Security Administration.

Problem Areas

Text description of PABSS’s Problem Area pie chart.

Highlights

An individual tried to obtain services from the West Virginia Division of Rehabilitation Services (WVDRS) and was told they could not help him without taking an application for services. He specifically wanted to learn how to drive using hand controls, obtain hand controls for his vehicle, and to work. WVA provided technical assistance to the individual on how to apply for services from WVDRS. After the application was taken, he was found eligible for services, and WVDRS evaluated him for driving.

To increase communication among the Ticket to Work partners, WVA initiated a work group that includes representatives from WVDRS, Work Incentives Planning and Assistance (WIPA), Medicaid Work Incentive Network (M-WIN), and the West Virginia based Employment Networks (ENs). The group set and met a goal of increasing the number of ENs in the state. At the time of the first meeting there were five (5) in-state ENs, not including WVDRS, listed in the online EN directory. In addition, there was one (1) organization that was an EN, but not listed in the directory. The group identified eight (8) WVDRS vendors to contact to encourage them to apply to become ENs. The group met a total of three (3) times during FY 2010. As of the end of FY 2010, one (1) organization had been approved as an EN, two (2) organizations were in the process of applying to become an EN, and the organization not listed as an EN is now listed in the EN directory. Additional plans were made to work with the WIPA and M-WIN programs to increase attendance at Work Incentive Seminar Events (WISE), as well as expand the amount of information provided at these events.

Protection and Advocacy for Voting Access (PAVA)

Established in 2003 as part of the Help America Vote Act of 2002 (HAVA), the PAVA program seeks to ensure that individuals with disabilities have full participation in the electoral process through voter education regarding registering to vote, casting a vote and accessing the polling sites. Activities also include training of poll officials and polling site accessibility surveys. PAVA is funded by the Administration on Developmental Disabilities, Administration for Children and Families, U.S. Department of Health and Human Services.

Highlights

WVA produced and distributed two (2) editions of the “People With Disabilities Vote” guide in FY 10. These newsletters were sent to our mailing list and distributed during numerous outreach and training events in which WVA was involved. In both of the newsletters, WVA included a Polling Place Accessibility Survey that anyone receiving it could complete and mail back to WVA. For the most part, the few surveys that we did get back indicated that their polling places were accessible and revealed no hindrance to the voting process.

WVA created an extensive outreach campaign strategy for the PAVA program to be conducted through television, radio and literature. Two (2) PAVA television commercials were recorded and aired near the end of FY 2010. These commercials included WVA’s PAVA advocate and can be found on our website at http://wvadvocates.org/voting/. They were shown in the most populated areas of WV on FOX affiliates. A radio spot was also aired during the same time period in Charleston, Clarksburg, Morgantown, and surrounding areas. This campaign served to raise awareness to individuals qualifying for our services.

Potomac Center

This monitoring project is part of the Hartley case in WV Circuit Court and emphasizes community placements, rights protection, educational services and discharge planning to 24 resident children of the Potomac Center in Romney, WV. The Potomac Center project is funded by the WV Department of Health and Human Resources.

Litigation

Important developments in the Hartley case for the past year

1. The state of West Virginia is changing the state Medicaid plan from fee for service to a managed care model in which three (3) managed care organizations (MCO’s) will be responsible for providing medical care, including all behavioral health services such as some hospitalization and the use of crisis stabilization beds and other community based services as an alternative to hospitalization. This change will affect all SSI recipients on Medicaid except those on Medicaid waivers or Medicaid/Medicare dual eligible. The state has not answered all of the questions the plaintiffs have had about the provision of services, but after a motion was filed by the plaintiffs requesting clarification and more information, the court monitor declined to rule upon it, and he informed all parties that Judge Bloom indicated he will not rule on any motion dealing with prospective harm - he will only rule once we can allege that harm has occurred.

   Although the conversion to managed care has not gone as smoothly as West Virginia’s Department of Health and Human Resources intended, because of the questions raised by the plaintiffs, and because of the difficulty in enrolling qualified - and willing - providers of some services, WVDHHR has not at this point abandoned its plans.

2. The court ordered a review of WV Medicaid reimbursement and utilization regulations and practices. Clinical Services Management is the consulting firm contracted with by WV Bureau of Medical Services (BMS) to study current WV Medicaid reimbursement rates and utilization review practices to determine if the system is appropriate based on national standards and best practices and Medicaid regulations. Their contract included issuing a report with recommendations for changes to bring WV Medicaid reimbursement practices up to par with other states and federal law including mental health parity requirements. They travelled to West Virginia, interviewed all parties to this case and toured facilities but the report has not yet been issued. However, everyone agrees that the planned switch from fee for service to managed care completely changes the situation in place at the time the study was ordered and done. There is now a question as to the relevance of this study with this shift of behavioral health services to managed care.

3. The State appealed the TBI portion of Judge Bloom’s August 7, 2009 order in the E.H. v. Matin (“Hartley”) class action to the West Virginia Supreme Court of Appeals. That order required the State to secure funding for a TBI Trust Fund and to apply for a TBI Medicaid Waiver. Oral argument took place on January 11, 2011 before the West Virginia State Supreme Court of Appeals. A decision from the Supreme Court is expected to be issued soon. Although the State appealed the Order, the State has proceeded to apply for a TBI Medicaid Waiver and is continuing to establish a TBI Trust Fund.

MR/DD Waiver hearing for Miss S.

Conclusion of No. 1

This Waiver termination litigation, which had begun at the administrative level in 2006, was finally concluded in March of 2010, when the West Virginia Supreme Court of Appeals declined to hear the petition for appeal filed by the Bureau of Medical Services (BMS) of the Department of Health and Human Resources (DHHR). The restoration of Miss S’s Waiver services by the Circuit Court of Kanawha County was thus upheld.

Conclusion of No. 2

On April 26, 2010, the attorney for West Virginia Advocates represented client Miss S. at an administrative hearing which constituted her appeal of her termination from the MR/DD Waiver program. She had been terminated in the fall of 2009, for what appeared to be exactly the same reason for which she had been terminated in 2006 - i.e., according to BMS, Miss S. does not have mental retardation as it is defined in the Diagnostic Statistical Manual (DSM-IV-TR). Subsequent to the 2006 termination, WVA had represented Miss S. and obtained her eventual reinstatement to the Waiver program, which was finalized in March of 2010 (see above).

WVA lost the April 2010 appeal of BMS’ termination of Miss S. before the administrative hearing officer. As before, WVA petitioned for appeal to the Kanawha County Circuit Court, in what is called a writ of mandamus, the proper procedure for an appeal from an administrative hearing officer’s decision for this type of ruling. WVA filed a brief in support thereof in August 2010. BMS filed its reply brief. At this point we are now waiting for the Circuit Court to decide whether it will either hear our appeal or decline to do so. If it chooses to do so, it may hold an evidentiary hearing, or a hearing for oral arguments, or decide our appeal on the briefs only.

Due Process Complaints

WVA provided advocacy services and legal representation on behalf of a student who is deaf. The parent was concerned that the student was not receiving appropriate educational services related to reading. WVA met with the parent and provided extensive technical assistance. WVA also provided representation at an IEP (Individualized Educational Program) meeting, and additional services were added to the student's IEP. A WVA attorney subsequently filed a due process complaint to address issues upon which an agreement with the school district could not be reached. The case was proceeding but had not yet been resolved when FY 2009-2010 ended. WVA provided legal representation on behalf of a student with a disability who did not have appropriate bus transportation to and from school. The school district had failed to develop an IEP (Individualized Educational Program) which adequately addressed the student's “medically fragile” status and met the student's individualized transportation needs. A WVA attorney filed a due process complaint seeking door-to-door bus transportation for the student. The case was proceeding but had not yet been resolved when FY 2009-2010 ended.

Legal Internship

In the summer of 2010, WVA sponsored a summer law intern from the West Virginia College of Law to work with the attorneys on researching voting law rights and voting access issues for people with mental disabilities in West Virginia. Under the supervision of WVA attorneys, the intern completed the research project, which involved a compilation and study of all the West Virginia statutory provisions which address the voting rights of people who have had a guardian appointed for them or who are in one of the state hospitals, either through a civil commitment or through the criminal justice system.

After completing the research project, the intern developed a brochure called “Voting Rights for West Virginians with Mental and Developmental Disabilities.” This brochure was reviewed and presented to the Secretary of State's office, and plans are being made to have it professionally printed for distribution in FY 2011.

Systemic Advocacy

WVA dedicates significant resources to collaboration efforts, agency support, and participation on numerous committees, task forces, and projects for the purpose of reaching systemic goals or missions based on outcomes, networking and information sharing, supporting self advocacy, and federal funding requirements.

• American Association for Retired Persons
• Americans with Disabilities Act Coalition
• Administrative Services Organization Quality Improvement Council
• Appalachian Center for Independent Living
• ARC of the Mid-Ohio Valley
• ARC of Three Rivers
• Better Brain Injury Care Coalition
• Brain Injury Association of West Virginia
• Fair Shake Network
• Families Conference Planning
• Financial Exploitation Task Force
• Goodwill Industries
• IRG-APS Healthcare
• Legal Aid of WV
• Marshall University - WV Autism Training Center
• Medicaid - Work Incentive Program
• Mountain State Center for Independent Living
• Mountain State Justice
• National Disabilities Rights Network’s Resource Advocacy Committee and Related List-serves
• Northern WV Center for Independent Living
• Ohio Valley TBI Advisory Council
• Open Doors
• Parent Partnership Work Group
• People First
• REM
• ResCare
• Starlight
• Statewide Independent Living Council
• Statewide Rehabilitation Council
• Valley Health Care System
• WV Americans with Disabilities Act Coordinator
• WV Association of Positive Behavior Support Network
• WV Birth to Three Program
• WV Bureau of Medicaid Services
• WV Department of Education, Office of Special Programs Extended and Early Learning
• WV Department of Health and Human Resources - MR/DD Waiver QA/QI Council
• WV Department of Health and Human Resources - State Hospital Liaison/Linkage Workers
• WV Developmental Disabilities Council
• WV Division of Rehabilitation Services
• WV Division of Rehabilitation Services Consultation Group
• WV Division of Rehabilitation Services Consumer Affairs Committees
• WV Early Intervention Inter-Coordinating Council
• WV Emergency Medical Services Technical Support Network, Inc.
• WV Faces on Medicaid Coalition
• WV Financial Exploitation Task Force
• WV Health Improvement Institute
• WV Mental Health Consumers’ Association
• WV Mental Health Planning Council
• WV Rape Prevention and Education Program
• WV Office of Behavioral Health Services
• WV Olmstead Advisory Council
• WV State Family Support Council
• WV TBI/SCI Rehabilitation Fund Board
• WVU Center for Excellence in Disabilities
• WV Youth Works / Human Resource Development Foundation, Inc.

In February 2010, WVA sent a letter to Legislators in West Virginia. Included with this letter was a packet of information about WVA, our programs, and disability rights in WV. This was done in an effort to make Legislators aware of how their decisions can affect the rights of people with disabilities as well as to gain an understanding of what WVA does to protect those rights.

WVA participates in the WV Financial Exploitation Task Force, a multi-agency committee whose mission is to empower individuals and create a culture and environment where vulnerable adult West Virginians, including those with disabilities, are safe from financial exploitation. WVA is a member of the “education/outreach” subcommittee of the Task Force. WVA has been working with the subcommittee to create a self-advocacy brochure to educate vulnerable West Virginians about the threat of financial exploitation and how to seek remediation when victimized. In FY 2010, the Task Force provided training to financial professionals on recognizing the warning signs of financial exploitation. The Task Force is also working to create a more closely knit network of state and non-profit agencies in addressing the issue of financial exploitation in West Virginia.

WVA set up a display table at Disability Advocacy Day at the Legislature. This event was sponsored by the Fair Shake Network (FSN), of which WVA is a member. Information about WVA’s programs and services were provided to attendees, including individuals with disabilities, family members of individuals with disabilities, individuals who work with social service programs, and people who work with the legislative system. WVA also provided monetary support to the FSN for this event.

The West Virginia State Rehabilitation Council (SRC) was established in Section 105 of the Rehabilitation Act of 1973, as amended (the Act), and 34 CFR 361.16-361.17 of its implementing regulations. The SRC gives advice to and works in partnership with WVDRS. CAP is an active member of SRC attending and participating in meetings on a regular basis. These meetings provide CAP with the opportunity to hear the Director of WVDRS speak about the state of the agency and to collaborate with others in providing WVDRS with input on their provision of rehabilitation services. The SRC also receives a report each meeting on how WVDRS is doing on meeting the standards and indicators. The CAP representative attended the joint SRC and State Independent Living Council (SILC) meeting held this year. We participated in a strategic planning process around the same issue topics that were going to be discussed at the 2010 Disability Caucus (reported on separately in this report). The plan was to be able to go to Caucus sessions with an idea on what SRC/SILC membership would be able to do to help with whatever strategic plan was developed by the Caucus. The CAP representative participated in the group discussing employment issues where the group decided they needed to become more involved in the local workforce investment boards.

WVDRS continued to review their Case Services policy this fiscal year. The WVDRS Consultation Group continued to meet to provide input into proposed policy changes. The group consists of the WVDRS director and other staff as appropriate, as well as representatives from the SRC, SILC, and CAP. A CAP representative attended those meetings and provided verbal comments. Most of the policy changes have involved changes in language to clarify the policy and was not put out for public comment. When policy was put out for public comment, a CAP representative provided written comment and attended the public meeting. At the invitation of WVDRS, the CAP representative also attended their strategic planning meeting. During that meeting, we reviewed strategy for the current goals and provided input for how the strategy may change for FY 2011.

CAP staff attend Statewide Independent Living Council (SILC) meetings to monitor their activities as a program funded under the Rehabilitation Act. While not a SILC member, the CAP representative participates in their meetings and is a member of their advocacy subcommittee. CAP representatives also attended and participated in two (2) of the public forums held by the SILC to gather information for the State Plan for Independent Living.

Community Advocacy

In Fiscal Year (FY) 2010, WVA provided numerous outreach and education opportunities to diverse audiences throughout the state on WVA services and disability rights advocacy issues and topics.

• 2419 Training in Barbour, Berkeley, Boone, Brooke, Doddridge, Cabell, Calhoun, Fayette, Gilmer, Greenbrier, Hampshire, Hardy, Hancock, Harrison, Jackson, Jefferson, Kanawha, Lincoln, Logan, Marion, Marshall, Mineral, Mingo, Monongalia, Monroe, Morgan, Nicholas, Ohio, Pleasants, Pocahontas, Preston, Putnam, Raleigh, Ritchie, Roane, Summers, Taylor, Tucker, Tyler, Wayne, Webster, Wetzel, Wirt, and Wood Counties
• IEP Clinics in Berkeley, Boone, Cabell, Hampshire, Hardy, Jefferson, Kanawha, Lincoln, Logan, Mineral, Mingo, Morgan, Putnam, and Wayne Counties
• PRIDE Training for Adoptive and Foster Parents 2419 Training
• IEP’s from Start to Finish
• Build it Keep It Share It Training Program
• Camp Gizmo
• Career and Resource Expo
• Celebrating Connections Conference
• Disability Advocacy Day at the Legislature
• Disability Caucus
• Disability Celebration and Awareness Forum
• Disability Fall Forum
• Family Leadership Conference
• Kanawha County Transition Fair
• Morgantown Disability Transition Fair
• Partners in Policymaking
• People First Conference
• RSVP Project
• Social Security Administration Work Incentive Seminar Events
• Support for Community Resources Following Brain Injury Conference
• Tri-State Job Fair
• Veterans Employment Expo
• Veterans Job Club
• Weirton “Fast Facts: Information Fair”
• West Virginia Association of Positive Behavior Support Network Conference

WVA held a training called “Fair Housing and Accessibility: An Overview” on September 13, 2010 in Morgantown. The training was geared towards training attorneys on Fair Housing Act Accessibility Requirements, Disability Rights Laws, Fair Housing Enforcement, and Common Design and Construction Violations and Solutions. The West Virginia Assistive Technology System (WVATS) had a display set up with information about their programs. Presenters included George D. Williams, SR., DPA, President and CEO of Diversity Dynamics, LLC, as well as Michael Jansen, Esq., Director of Fair Housing and Equal Opportunity for the U.S. Department of Housing and Urban Development, Pittsburgh Office.

WVA sponsored an employment conference called “Employment Possibilities: Thriving Not Just Surviving.” Katherine Martinez, Assistant Secretary for the Office of Disability Policy, was the keynote speaker. Gary Guller, Mount Everest Summiter, provided an inspirational speech. The Dancing Wheels dance company, “…a professional, physically integrated dance company uniting the talents of dancers both with and without disabilities,” performed. Breakout training session topics included work incentives, employment rights, services from the West Virginia Division of Rehabilitation Services (WVDRS), starting your own business, preparing for college, interviewing tips, supported employment, customized employment, transition planning, and an instructional workshop from the Dancing Wheels company. Exhibit rooms were set up for assistive technology, the fine arts program from the WVU Center for Excellence in Disabilities (WVUCED), and a college fair.

In FY 10, WVA provided sponsorship for the following events: People First Conference, the Disability Caucus, the Positive Behavior Support Network Conference, the Fair Shake Network’s (FSN) Disability Advocacy at the Legislature and Disability Advocacy Training Day, the Families Conference, and the WV Brain Injury Association’s educational conference.

WVA has developed new resources in the area of special education. One of these is a resource for parents when the school refuses to include supports and/or services they have requested to be included on their child’s IEP. WVA has also added numerous self-advocacy resources to our website that relate to various types of program access issues.

A WVA staff member participated in the planning of the 2010 Disability Caucus. The first day was spent in looking at the history of the ADA and in celebration. Speakers were brought in to discuss different aspects of the ADA. On the second and third day, the Caucus broke into the following discussion groups: transportation, employment, health care/personal assistance services, housing, the ADA, and a wild card session where attendees were allowed to choose the topic. The purpose of the breakout sessions was to identify issues and develop strategies on how to address these issues. WVA also provided financial support for this event.

WVA collaborated with the Developmental Disabilities Council (DDC) and the WVU Center for Excellence in Disabilities (WVUCED) on a major project to develop a comprehensive education advocacy tool kit for parents. WVA provided technical and legal knowledge of education issues and the WVUCED provided technical aspects of the actual product as well as joint oversight of contents including the use of a parent advisory workgroup to review the product. The DDC solicited “parent stories and tips.” It was in the process of completion at the close of FY 10, and will be printed and distributed jointly in FY 11.

A WVA staff member was active on the leadership team of the West Virginia Association of Positive Behavior Support (WVAPBS), a network of professionals, parents, and self-advocates. WVA also participated in planning a statewide conference to present best practices of Positive Behavior Support (PBS), provide models of PBS in WV, and a forum for people to exchange ideas with others in the field. This conference was focused on use of PBS across the spectrum of mental illness, developmental disabilities, and other disabilities across all age groups. WVA staff facilitated a panel of professionals to explain how to implement PBS throughout organizations such as schools or service providers. WVA also provided funding to support this project, which attracted partnership funding from other service providers in WV.

In FY 2010, WVA began to explore the use of social media and an internal workgroup was formed. This group developed a policy, which was later approved by the Board of Directors regarding the use of social media. The group also researched and reviewed materials to help in guiding WVA in our use of social media. WVA plans to launch its use of social media in FY 2011 beginning with the creation of a Facebook page.

On March 16, 2010, WVA’s Executive Director (ED) was interviewed on a television program called “Access for All - Supports and Services in Your Community”. This is a TV talk show hosted by the Center for Excellence in Disabilities (CED) and the West Virginia Library Television Network. An episode is filmed each month to addresses a disability related topic and is aired four times a week on the West Virginia Library Television Network. They are also sent to other cable stations around the state and are uploaded to the CED’s website. During the interview, the ED explained all of WVA’s federal programs and provided examples of what services WVA provides. She provided detailed information about WVA’s Employment Conference. She stressed the importance of people with disabilities and the community understanding that work is an option and that people with disabilities have something to contribute. She also provided detailed information about the PAVA program and stressed the importance of people with disabilities exercising their right to vote.

Funding

Funding for this publication is provided by the U.S. Department of Education, Rehabilitation Services Administration; U.S. Department of Health and Human Services, Substance Abuse and Mental Health Service Administration; U.S. Department of Health and Human Services, Administration on Developmental Disabilities; U.S. Department of Health and Human Services, Health Resources and Services Administration; and the Social Security Administration.