FY 2012 Priorities and Objectives

*Acronyms after Objectives indicate funding source and targeted populations. See explanation of Programs.

** Numbering of Priorities and Objectives does not indicate importance.

Priority 1: Children and Youth with Disabilities Receive a Free and Appropriate Public Education in the Least Restrictive Environment.

Objectives:

1. WVA will represent up to four (4) students in due process proceedings in cases that meet WVA's case selection criteria (see footnote 1). (PADD 2, PAIMI 1 (see footnote 6), PAIR 1)
2. WVA will provide at least five (5) trainings to students, parents, and other interested parties to increase their knowledge of self-advocacy related to student's rights under WV Department of Education Policy 2419. (PADD, PAIR, PATBI, PAAT)
3. WVA staff will provide four (4) trainings to students, parents, and other interested parties to increase their knowledge of student's rights under IDEA with a focus on transition services. (PADD, PAIR, PATBI, PABSS, CAP, PAAT)
4. WVA will provide direct advocacy services on behalf of students with disabilities relative to suspensions, expulsions, out-of-school environment, alternative education placements, for up to fifteen (15) individuals (see footnote 1). (PADD 5, PAIMI 4 (see footnote 6), PAIR 5, PATBI 1)
5. WVA will provide direct advocacy services on behalf of students with disabilities relative to bullying and the use of seclusion and restraints for up to ten (10) individuals (see footnote 1). (PADD 3, PAIMI 4 (see footnote 6), PAIR 2, PATBI 1)
6. WVA will use social media to post information about special education at least one (1) time per quarter. (PADD, PAIR, PATBI, PAAT)
7. WVA will provide at least three (3) Individualized Education Plan (IEP) clinics. (PADD, PAIR, PATBI)
8. WVA will develop a training about Section 504 of the Rehabilitation Act for parents and other interested parties. (PADD, PAIR, PATBI, PAAT)

Priority 2: People with Disabilities are Able to Live in the Community Setting of Their Choice with Individualized Supports, Services, and Protections as Ordered in the Olmstead Decision

Objectives:

1. WVA will advocate systemically for citizens of West Virginia to access ventilator care services within West Virginia. (PAAT, PAIR, PADD, PATBI)
2. WVA will, as co-counsel in E.H., et al., v. MATIN, et al. (also known as the Hartley case), continue to advocate and litigate for sufficient, appropriate state-wide community based services for individuals with mental illness in order to decrease institutionalization and increase the availability of accessible and affordable community-based services. (PAIMI)
3. WVA will systemically monitor and advocate for individuals eligible for services under the Title XIX ID/DD Home and Community Based Waiver program in West Virginia to ensure access to self-direction, choice of providers and quality services in their home community. (PADD)
4. WVA will provide direct advocacy services for up to twenty-five (25) individuals eligible for services under the Title XIX ID/DD Home and Community Based Waiver program in West Virginia to ensure access to self-direction, choice of providers and quality services in their home community. (PADD 22, PATBI 3)
5. WVA will provide direct advocacy services for up to five (5) individuals being discharged by Title XIX ID/DD Home and Community Based Waiver service providers in West Virginia to ensure continued access to services by a provider of their choice. (PADD)
6. WVA will monitor and participate in discussions regarding proposed changes to West Virginia Medicaid to ensure that individuals with disabilities have access to services for which they are eligible. (PAIMI, PADD, PAIR, PATBI)
7. WVA will provide direct advocacy services for up to five (5) individuals who have been denied recertification or initial eligibility for the Home and Community Based Title XIX ID/DD Waiver Program with priority given to children. (PADD 4, PATBI 1)

Priority 3: People with Disabilities Who Are Institutionalized in Psychiatric Facilities in West Virginia are Aware of and Able to Exercise Their Rights.

Objectives:

1. WVA will conduct a minimum of forty-eight (48) monitoring visits at the two (2) state psychiatric hospitals in West Virginia (See footnote 5). (PAIMI)
2. WVA will conduct a minimum of twelve (12) monitoring visits at psychiatric facilities not operated by the state West Virginia. (PAIMI)
3. WVA will open a service request for all individuals from psychiatric facilities in West Virginia who request advocacy services, with priority given to patients at the two (2) state psychiatric hospitals (see footnote 4). (PAIMI)
4. WVA will provide five (5) self-advocacy trainings regarding patient rights to patients at the two (2) state psychiatric hospitals. (PAIMI)
5. WVA will provide Psychiatric Advance Directives training to patients and social workers at the two (2) state psychiatric hospitals. (PAIMI)

Priority 4: People with Disabilities are Free from Abuse and Neglect.

Objectives:

1. WVA will investigate or refer for investigation allegations of abuse or neglect that are reported to or discovered by WVA in which there is a possibility of death or serious injury. (see footnotes 1, 3) (PADD 3, PAIMI 2, PAIR 1)
2. WVA will investigate and monitor alleged abuse/neglect that occurs during acts of seclusion, restraint, use of aversive techniques, excessive force or other punitive methods of controlling individuals with disabilities at state and private facilities, and WV schools that are reported to or discovered by WVA. (see footnote 1). (PADD 4, PAIMI 3, PAIR 1)
3. WVA will advocate for disability related medical/psychiatric treatment, including properly prescribed and administered medication to be available to individuals of all ages who are incarcerated that come to the attention of WVA. (see footnote 1) (PAIMI 3, PAIR 6, PATBI 1)
4. WVA will provide direct advocacy services to individuals who meet WVA's case selection criteria and are at risk of abuse, neglect, or financial exploitation when requested by the individual or their legal representative. (see footnote 1) (PADD 4, PAIMI 8, PAIR 3, PATBI 1)
5. WVA will collaborate with organizations who serve individuals with disabilities to provide public education about the prevalence and prevention of abuse. (PADD, PAIMI, PAIR, PATBI)
6. WVA will collaborate with the WV Developmental Disabilities Council and other agencies regarding the development of policies for seclusion and restraint in schools. (PADD, PAIMI, PAIR, PATBI)
7. WVA will conduct a minimum of four (4) monitoring visits to Intermediate Care Facilities for Intellectual Disabilities (ICF/IDs) (see footnote 5). (PADD)

Priority 5: People with Disabilities Have Equal Access to Programs, Services and the Physical Environment as Required by the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, as Amended, the Architectural Barriers Act (ABA) and the Fair Housing Act.

Objectives:

1. WVA will advocate for up to twenty-five (25) people with disabilities who meet WVA's case selection criteria (see footnote 1). (PADD 9, PAIMI 5 (see footnote 6), PAIR 10, PATBI 1)
2. WVA will collaborate with advocacy groups who are concerned with housing issues for people with disabilities to conduct education and outreach throughout the state. (PADD, PAIMI, PAIR, PATBI)
3. WVA will collaborate with the West Virginia Commission for the Deaf and Hard of Hearing to advocate for access to American Sign Language interpreters in West Virginia. (PAIR)
4. WVA will collaborate with organizations throughout West Virginia that serve veterans to provide outreach and education to veterans with disabilities. (PATBI, PAIR, PAIMI)

Priority 6: People with Disabilities Who Require Assistive Technology Have Access to It.

Objectives:

1. WVA will provide advocacy for up to fifteen (15) (see footnote 1) people with disabilities to gain or maintain access to assistive technology and related supports (see footnote 4). (PAAT)
2. WVA will provide training and outreach to increase awareness of the right to access assistive technology. (PAAT)

Priority 7: People with Disabilities Have Equal Access to Integrated Employment and Employment-Related Services.

Objectives:

1. WVA will provide direct advocacy services for up to twenty-five (25) individuals requesting assistance who are receiving/applying/eligible for services from the West Virginia Division of Rehabilitation Services (WVDRS), a Center for Independent Living, supported employment programs and other programs funded under the Rehabilitation Act, as amended (see footnote 4). (CAP)
2. WVA will provide direct advocacy services for up to twenty-five (25) individuals requesting assistance who are Supplemental Security Insurance/Social Security Disability Insurance (SSI/SSDI) beneficiaries and who want to work but are encountering barriers per the priorities established by the Social Security Administration (SSA) (see footnote 4). (PABSS)
3. WVA will provide self-advocacy training on employment rights to individuals with disabilities. (CAP, PABSS, PADD, PAIR, PAIMI, PATBI)
4. WVA will advocate systemically for people with disabilities to have access to supported employment. (PADD, PAIR, PAIMI, PATBI, PABSS)

Priority 8: People with Disabilities are Able to Exercise Their Right to Vote (See footnote 4).

Objectives:

1. WVA will act to increase equal access for individuals with disabilities requesting assistance to participate in the voting process, including polling places, voting equipment, and voter registration. (PAVA)
2. WVA will educate at least twenty-five (25) people with disabilities about the voting process and their right to vote. (PAVA)
3. WVA will work in conjunction with the Secretary of State's office to educate up to twenty-five (25) public election officials about the rights of people with disabilities to register and vote. (PAVA)

Priority 9: WVA Will Collaborate With Existing Grassroots Networks in Conducting Education and Outreach on Disability Related Self-Advocacy.

Objectives:

1. WVA will actively participate on various committees, coalitions, and other types of groups with grassroots advocacy missions. (PADD, PAIMI, PAIR, PATBI, PAVA)
2. WVA will develop and conduct disability rights outreach to educate underserved populations of people with disabilities about their rights. (PAIMI, PADD, PAIR, PATBI, PAVA)
3. WVA will develop and conduct outreach to increase public awareness of Traumatic Brain Injury (TBI). (PATBI)
4. WVA will collaborate with other organizations to address the need for education and awareness about prevention of bullying and harassment of students with disabilities in educational settings. (PADD, PAIR, PAIMI, PATBI)
5. WVA will address the need for the training of First Responders in recognizing and assisting people with disabilities in emergency situations. (PADD, PAIR, PAIMI, PATBI)

Footnotes

1.  Criteria used to select cases for direct representation are:
   1. meets program eligibility for one of WVA's federally funded programs;
   2. in agreement with the WVA's mission;
   3. the vulnerability of the client or the potential to effect policy or systemic change;
   4. consistent with ethical standards;
   5. possesses sufficient legal merit;
   6. funds/resources must be available.

   In complaints where abuse or neglect are currently being investigated by law enforcement, WVA will delay its investigation pending the outcome of an investigation completed by law enforcement.

   Non-priority case compelling – These service requests may raise issues that meet federal funding eligibility and that WVA may want to address, but which do not fall within the agency's priorities and objectives. These service requests may include emerging issues.

   Numbers used in objectives are solely for the purpose of reporting outcomes to federal funders. They do not limit the number of individuals actually served. Actual numbers served beyond the targeted number will depend upon agency resources.

2.  Technical Assistance = Information and assistance specific to a particular problem such as coaching a person with a disability in self-advocacy.

   Short Term Assistance = Time limited advice and assistance which may include: reviewing information/records; counseling a person with a disability on actions one may take; and/or assisting a person with a disability in preparing letters or other documents, or making calls to resolve their issue.

3.  "Serious injury" is defined as physical harm or injury to an individual with disabilities and includes, but is not limited to acts such as: rape or sexual assault; striking; the use of excessive force when placing an individual with disabilities in bodily restraints; or use of restraints not in compliance with state and federal laws.
4.  This objective is based on the requirements of WVA's federal funders and the Authorizing Acts:
   • PADD: Developmental Disabilities Assistance and Bill of Rights (DD) Act of 2000
   • CAP: Rehabilitation Act of 1973, as amended, Title I, Part B, Sec. 112; 29 U.S.C. 732
   • PAIMI: Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, as amended in 2000
   • PAIR: Protection and Advocacy for Individual Rights (PAIR) Program of the Rehabilitation Act
   • PAAT: Public Law 108-364: The Assistive Technology Act of 2004
   • PABSS: Ticket to Work and Work Incentives Improvement Act of 1999, as amended ("TWWIIA"), 42 U.S.C. § 1320b-21
   • PATBI: Title XIII of the Traumatic Brain Injury Act, as part of the Children's Health Act of 2000 (Public Law 106-310)
   • PAVA: Protection and Advocacy for Voting Access program of the Help America Vote Act
5.  Monitoring is defined as having a visible and consistent presence in psychiatric and ICF/ID facilities to assure life safety, quality of treatment and protection of client's rights.
6.  The issue must be directly related to an individual's mental illness in order to qualify for services.

Additional notes about WVA

Outcomes of all priorities and objectives will be measured by documentation maintained in WVA's database and reported on the annual program performance reports for each of WVA's Federal programs.

Priorities are based on a three (3) year cycle. Objectives may or may not be carried into the next fiscal year.

WVA Outreach/Training - WVA provides general and targeted outreach and educational presentations to people with disabilities, professionals and the community at large with preference given to un-served and under-served populations.

Information and Referral (I&R) - WVA provides Information and Referral to all callers related to disability rights issues.

Individual program budgets determine availability of services.