ACCESSIBLE VOTING Questions About Your Right to Vote Does my disability affect my right to vote? No, you have a right to vote regardless of your disability, unless a court has ruled that you are mentally incompetent. Does the polling place have to be accessible? Yes the polling place must have: accessible parking spaces with proper signs accessible routes from the parking area to the building accessible doors and routes inside the building to the voting machine. Can someone assist me in voting? Yes, you have the right to receive assistance from someone of your choice. Please inform a poll worker and they will have you and your assistant fill out an ‘assisted voter form. It is illegal for the person who is assisting you to reveal your votes! If you do not have a designated person to assist you, two poll workers of opposite parties can assist you. The person assisting you cannot be a candidate, a past or present employer, or a union representative. Can I vote from my car? Some counties provide the option for you to vote from your car if the polling place is not accessible. Poll workers of different political parties will bring a ballot directly to your car. Please call your County Clerk’s office for more information. If I cannot go to the polling place, are there other ways that I can vote? Yes, you may take advantage of Early Voting, absentee ballots, and emergency absentee ballots. What is Early Voting? Any registered voter may vote at their County Clerk’s office beginning 13 days before the election and ending the 3rd day before the election. Please call your County Clerk’s office to find out the location and hours for Early Voting. What is an absentee ballot and an emergency absentee ballot? An absentee ballot is a way for you to vote by mail if you are unable to travel to your polling place to vote. It is applied for in advance. An emergency absentee ballot is a way for you to vote if you are hospitalized or placed in the care of a nursing facility within one week of the election. You must request this from the County Clerk’s office. More information on absentee ballots and emergency absentee ballots can be found earlier in this newsletter, or by contacting your County Clerk’s office. Can I bring my service animal to the polling place? Yes, you have the right to bring your service animal into a polling place. What do I do if I know that my polling place is not accessible to me? Contact your County Clerk and ask them to make the necessary changes to bring the polling place into compliance with the Americans with Disabilities Act. If your precinct cannot be made accessible in time for the election, you may request to vote at a different precinct.Please call your County Clerk’s office to make arrangements. What if my polling place isn’t accessible on voting day? Please call, 1 (866) SOS-VOTE (866-767-8683) and ask for elections. They will be able to assist you. Also, please call us and let us know of any issues you had during election day, and we may do an onsite accessibility study of your polling place. There is also an accessibility survey attached to this newsletter.

Protection and Advocacy for the Help America Vote Act (PAVA) Established in 2003 as part of the Help American 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. WV Counties Polling Site Accessibility Reports Click here to see if your polling place is accessible. The reports are arranged by county. Assess your Polling Sites for Accessibility People vote in many different places, such as libraries, schools, fire stations, churches, and even in shops or other private businesses and are known as polling places during elections. These places need to be accessible to people with disabilities. The ADA Checklist for Polling Places provides guidance to election officials for determining whether a polling place already has the basic accessibility features needed by most voters with disabilities or can be made accessible on Election Day using temporary solutions to remove barriers. Polling Place Accessibility Survey We would like to hear about your experiences while voting! Click here to fill out and submit our online Polling Place Accessibility Survey Click here to download and print our Polling Place Accessibility Survey NOTE: This version of our survey will need to be mailed to us. Funding Source U.S. Department of Health and Human Services, Administration for Community Living, Administration on Intellectual and Developmental Disabilities. Voting Guides Registering To Vote On Voting Day – Answers to Your Questions Absentee Ballots – Answers to Your Questions Accessible Voting – Questions About Your Right to Vote Temporary Accessibility Solutions for Election Day Voting From the State Hospitals WV Polling Site Accessibility Reports - arranged by County Additional Contacts PAVA Publications Voting Dates PAVA Brochure Am I Eligible to Vote? Electronic Absentee Voting for Persons with Physical Disabilities Guardianship and Voting

2025 Priorities and Objectives Priority 1: Childre n and Y outh with Disabilities Receive an Appropriate Education DRWV will provide direct advocacy services on behalf of up to twelve (12) students with disabilities who are not receiving all educational services they are entitled to, or at risk of receiving no educational services. (see footnote 1) (PADD, PAIMI (see footnote 3), PAIR, PATBI). DRWV will continue to collaborate with the West Virginia Developmental Disabilities Council (WVDDC) to distribute the Parent’s Advocacy Guide to Special Education to parents of school age children with disabilities. (PAAT, PADD, PAIMI, PAIR, PATBI). DRWV will systemically monitor and advocate on behalf of students with disabilities related to individual counties and/or statewide policy changes. (PADD, PAIMI, PAIR, PATBI, PAAT). DRWV will systemically advocate/litigate for children with disabilities who have been subjected to unnecessary exclusionary discipline. (PADD, PAIMI, PAIR, PATBI). Priority 2: People with Disabil ities Make Decisions About Where They Live, and the Supports and Services They Receive DRWV will systemically monitor and advocate for individuals found eligible for services under the Medicaid Title XIX Home and Community Based Waiver programs in West Virginia to ensure client centered services, choice of providers and quality services in their home community. (PADD, PAIR, PATBI, PAIMI). DRWV will provide direct advocacy services for up to twenty (20) individuals found eligible for services under the three Medicaid Title XIX Home and Community Based Waiver programs, or Medicaid Personal Care in West Virginia to ensure access to client centered services, choice of providers and quality services in their home community. (PADD, PAIMI, PAIR, PATBI). DRWV will advocate/litigate for the civil rights of children with disabilities who have been abused and neglected while they were dependent on the WV child welfare system. (PADD, PAIMI, PAIR, PATBI). DRWV will advocate/litigate for the civil rights of individuals with disabilities who are involved in the criminal justice system and have been found by a court to be incompetent to stand trial or not guilty by reason of mental illness. (PADD, PAIMI). DRWV will systemically monitor and advocate for individuals in psychiatric facilities to have access to community placement in the least restrictive environment. (PADD, PAIMI). Priority 3: People with Disabilities are Free from Abuse, Neglect, Exploitation, and Other Rights Violations DRWV will receive, review, investigate, refer for investigation, and/or conduct monitoring to identify evidence or allegations of death, serious injury, or other prohibited conduct that suggests or potentially suggests probable cause that abuse or neglect was involved, including alleged abuse/neglect that occurs during acts of omission or acts of commission involving seclusion, restraint, use of aversive techniques, excessive force, financial exploitation, and/or other punitive or prohibited methods of controlling, harming, threatening to control or harm, and/or failing to provide necessary services to individuals with disabilities who receive services from state or private service facilities or providers or from WV schools. (see footnotes 1, 2) (PADD, PAIMI, PAIR) DRWV 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 DRWV. (see footnote 1) (PADD, PAIMI, PAIR, PATBI) DRWV will provide direct advocacy services to individuals who meet DRWV’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, PAIMI, PAIR, PATBI) DRWV will open a service request for all individuals in psychiatric facilities in West Virginia who request advocacy services, with priority given to patients at the two (2) state psychiatric hospitals. (PADD, PAIMI, PATBI) DRWV will conduct monitoring of at least ten (10) Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IIDs) as well as address systemic issues as identified. (PADD) DRWV will conduct a minimum of fifteen (15) monitorings of WV Division of Corrections and Rehabilitation facilities to ensure that appropriate mental health/medical treatment is being provided to individuals with disabilities. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct a minimum of fifteen (15) monitorings of residential placements who serve children with disabilities and address systems issues as identified. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct a minimum of sixty (60) monitorings of the two (2) state psychiatric hospitals in West Virginia and address systems issues as identified. (PAIMI) DRWV will conduct a minimum of twenty (20) monitorings of psychiatric facilities not operated by the state of West Virginia and address systems issues as identified. (PAIMI) DRWV will conduct a minimum of twelve (12) monitorings of the four (4) nursing homes operated by the state of West Virginia and address systems issues as identified. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct a minimum of ten (10) monitorings of nursing homes not operated by the state of West Virginia and address systems issues as identified. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct monitoring of at least ten (10) Specialized Family Care (SFC) homes in West Virginia and address systems issues as identified. (PADD) DRWV will conduct a minimum of twenty (20) monitorings of Assisted Living Facilities in West Virginia and address systems issues as identified. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct a minimum of five (5) monitorings of forensic group homes in West Virginia and address systems issues as identified. (PADD, PAIMI, PATBI) DRWV will provide representation for up to three (3) individuals with disabilities to prevent, modify, or terminate inappropriate guardianships. (PADD, PAIMI, PATBI) DRWV will conduct a minimum of five (5) monitorings of Intellectual/Developmental Disabilities (I/DD) Waiver group homes in West Virginia and address systems issues as identified. (PADD) DRWV will assist up to ten (10) individuals with disabilities who are incarcerated in WV Division of Corrections and Rehabilitation facilities with accessing reentry services available to them. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct a minimum of ten (10) monitorings of public schools in West Virginia with a focus on inappropriate removals. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct a minimum of ten (10) monitorings of legally unlicensed homes in West Virginia and address systems issues as identified. (PADD, PAIMI, PAIR, PATBI) Priority 4: People with Disabilities Have Access Provided by the Americans with Disabilities Act (ADA), the Architectural Barriers Act (ABA), and the Fair Housing Act DRWV will advocate for up to twelve (12) people with disabilities who meet DRWV’s case selection criteria (see footnote 1). (PADD, PAIMI, PAIR, PATBI) DRWV will complete accessibility studies when access issues are discovered by DRWV or brought to our attention. (PAIR) Priority 5: People with Disabilities Have Access to Assistive Technology DRWV will provide advocacy for up to ten (10) people with disabilities to gain or maintain access to assistive technology and related supports (see footnote 1). (PAAT) DRWV will actively participate as a member of the West Virginia Assistive Technology System (WVATS) Advisory Council (PAAT) DRWV will use social media to post information about assistive technology at least one (1) time per quarter. (PAAT) Priority 6: People with Disabilities Have Access to Centers for Independent Living, Competitive/Integrated Employment, and Employment-Related Services DRWV will provide direct advocacy services for up to twenty-five (25) individuals requesting assistance who are applying for, eligible for, or receiving services from the West Virginia Division of Rehabilitation Services (WVDRS), supported employment programs and other programs funded under the Workforce Innovation and Opportunity Act (WIOA) (see footnote 1). (CAP) DRWV 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 want to work but are encountering barriers per the priorities established by the Social Security Administration (SSA) (see footnote 1). (PABSS) DRWV will provide direct advocacy services for up to five (5) individuals requesting assistance who are applying for, eligible for, or receiving services from a Center for Independent Living (CIL) (see footnote 1). (CAP) DRWV will actively support the Statewide Rehabilitation Council’s (SRC) mandate to monitor and advise on the activities of WVDRS. (CAP) DRWV will conduct outreach about CAP and PABSS to individuals with disabilities, families, service providers, WVDRS, and various state and local organizations. (CAP, PABSS) Priority 7: People with Disabilities Have Full Access to the Electoral Process DRWV 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) DRWV will educate at least fifty (50) people with disabilities, family members, and service providers about the voting process and their right to vote. (PAVA) DRWV will work in conjunction with the Secretary of State’s office to educate County Clerks and election divisions about the voting rights of people with disabilities. (PAVA) Priority 8: DRWV Will Conduct Outreach and Education, and Support the Work of Others to Promote Self-Advocacy DRWV will actively support the missions of groups with grassroots advocacy missions, not including lobbying. (PADD, PAIMI, PAIR, PATBI) DRWV will continue to conduct disability rights outreach to educate unserved and underserved populations of people with disabilities about their rights and DRWV’s services. (PAAT, PADD, PAIMI, PAIR, PATBI, PAVA, CAP, PABSS) DRWV will actively participate as a member of the West Virginia Traumatic Brain Injury Advisory Board. (PATBI. (PATBI) DRWV will actively participate in efforts to support sexual violence prevention for people with disabilities in WV. (PADD, PAIMI, PAIR, PATBI) DRWV will promote the use of Mental Health Advance Directives including education and outreach. (PAIMI) Priority 9: DRWV will conduct reviews of and provide education to Representative Payees who handle income for individuals with disabilities from Supplemental Security Insurance/Social Security Disability Insurance (SSI/SSDI) to verify that they are using the benefits properly on behalf of the beneficiary and are carrying out their responsibilities and duties correctly. (PABRP) No Objectives are needed for this Priority as they are detailed in the grant agreement. Priority 10: DRWV will provide advocacy services for class members in compliance with WV DHHR statement of work and state and federal court directives in Civil Action 81-585 E.H. v. Matin (1983), Hartley Decree, and Civil Action 78-2099 Medley vs. Ginsberg (1981), Medley Decree. (MHAP) No Objectives are needed for this Priority as they are detailed in the statement of work. Information and Referral (I&R): DRWV provides Information and Referral to all callers related to disability rights issues. Individual program budgets determine availability of services. FOOTNOTES 1. Case Selection Criteria: A. There is a significant risk of abuse and neglect. Client is danger of or has experienced severe bodily harm. The client is at risk or a has experienced a serious financial harm. B. The client is institutionalized and ready for reintegration to the community and there is a barrier to discharge. C. A clear violation of the ADA has occurred. D. The case is a special education matter and the child is not receiving consistent educational services, or is at serious risk of receiving no services, or the needs related to the child’s disability have been completely ignored by the school district. E. It is a matter concerning voting rights, assistive technology, a barrier to employment for a beneficiary of SSI or SSDI, Representative Payees, or services under the Rehabilitation Act. Additionally, all cases MUST: • Meet program eligibility for one of DRWV’s federally funded programs; • be in agreement with DRWV’s mission; • be consistent with our ethical standards; • possess significant legal merit; and • funds/resources must be available. At the discretion of the Executive Director or Legal Director a case can be selected for direct representation because of the vulnerability of the client or the potential to effect policy or systemic change or another compelling reason. Abuse and neglect investigations will be prioritized as follows: seclusion & restraint with death or serious injury, suspicious death, and incidents occurring in locations with repeated complaints of abuse and neglect. In complaints where abuse or neglect are currently being investigated by law enforcement, DRWV will delay its investigation until law enforcement has completed their investigation. 2. “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. 3. The issue must be directly related to an individual's diagnosed mental illness in order to qualify for services. Programs Client Assistance Program (CAP) Serves individuals who have applied for or are receiving services from DRS, Center for Independent Living, supported employment programs, and other programs funded under the Rehabilitation Act of 1973, as amended. Protection and Advocacy for Assistive Technology (PAAT) Serves children and adults with disabilities who need assistive technology devices and related support services to maintain or increase their skills, independence, and community integration. Protection and Advocacy for Beneficiaries of Social Security (PABSS) Assists individuals who receive SSI or SSDI break down barriers to employment. Protection and Advocacy for Individuals with Developmental Disabilities (PADD) Serves individuals with developmental disabilities or a severe & chronic mental or physical impairment that begins before age 22 and investigates abuse & neglect complaints on their behalf. Protection and Advocacy for Individuals with Mental Illness (PAIMI) Serves individuals with significant mental illness or emotional impairment and investigates abuse & neglect complaints on their behalf. Protection and Advocacy for Individual Rights (PAIR) Serves individuals with disabilities that substantially limit one or more major life activities and who are not eligible for advocacy under PAIMI or PADD and do not have a CAP eligible issue. Protection and Advocacy for Traumatic Brain Injury (PATBI) Serves individuals with traumatic brain injury who are significantly limited in activities of daily living. Protection and Advocacy for Voting Access (PAVA) Carries out the mandate of the “Help America Vote Act”, legislation passed to ensure that individuals with disabilities can fully participate in the electoral process. Protection and Advocacy for Beneficiaries with Representative Payees (PABRP) Carries out the mandate of the “Strengthening Protections for Social Security Beneficiaries Act 2018” which protects beneficiaries of SSI/SSDI who have representative payees. Medley/Hartley Advocacy Program (MHAP) This state grant provides advocacy to individuals with developmental disabilities in compliance with state and federal court directives in Civil Action 81-585 E.H. v. Matin (1983), Hartley Decree, and Civil Action 78-2099 Medley vs. Ginsberg (1981), Medley Decree. Approved by the DRWV BOD July 16, 2024 To download a pdf, click the link below: Download

ANNUAL REPORT 2023 Disability Rights of West Virginia Another fiscal year comes to an end. All annual reports to our funders have been submitted. I would like to share some of our successful advocacy stories. As always, I want to take the opportunity to thank the staff of Disability Rights of West Virginia. Their commitment to the individuals we serve is limitless. It takes every one of them to ensure our success. Susan Given, Executive Director, MSW, LSW Overview Monitoring In FY 2023, DRWV conducted 410 monitorings of 200 state and private facilities. These monitorings were conducted over thirteen major categories including: Assisted Living Facilities; Forensic and Behavioral Health Group Homes; Intermediate Care Facilities; Specialized Family Care Homes; State and Privately Operated Children’s Residential Facilities Psychiatric Hospitals, and Nursing Homes; WV Division of Corrections and Rehabilitation Jails and Prison; Intellectual/Development Disabilities Waiver Group Homes; a Legally Unlicensed Home; and a private residential facility. Cases In FY 2023, DRWV opened 1,282 federally funded Service Requests for 956 clients . The following table shows service requests broken down by federal funding source. Special Education Related Service Requests by Federal Program: Outreach and Training DRWV staff set up our outreach display table at twenty-three events in FY 2023. Staff also provided thirty-four outreach presentations and twelve trainings to various groups throughout the state. Access to Services A client with a mobility impairment requested assistance with getting access to a municipal building. DRWV completed a site survey and provided the city with information on Americans with Disabilities Act (ADA) entrance accessibility requirements. Due to advocacy provided by DRWV, the city added signage indicating where the accessible entrance is located. This information was also added to their website which made the Municipal Building more accessible to not only the client, but all residents with mobility impairments. A client who uses a wheelchair made a complaint about a city’s public transportation system. She alleged issues related to inadequate lifts, inaccessible buses, discourteous transit officials, as well as other complaints. Since we had received similar complaints from other clients in the recent past, DRWV’s Legal Director sent a letter to all public transportation service providers in WV. Some of the providers followed up right away and seemed genuinely concerned about the allegations. Another complaint was received about the accessibility of the bus stop shelters in one city. The City Manager promptly responded and provided pictures of the current bus stop shelters, which were clearly made accessible before the complaint was made. Assistive Technology A client contacted DRWV for assistance with obtaining a vehicle lift for her motorized wheelchair. DRWV provided advocacy on the client's behalf with the WV Division of Rehabilitation Services (WVDRS) for her to be provided with a lift. The WVDRS provided funding to purchase the vehicle wheelchair lift which allows her improved access to her place of employment in order to retain her job. Financial Well-Being A client with a TBI asked for DRWV’s assistance in getting her Conservator to open an ABLE account. DRWV educated the Conservator on ABLE accounts and sent a letter to the Conservator and Legal Guardian outlining concerns with continued financial eligibility for Medicaid and home and community based services. Due to advocacy provided by DRWV, the client successfully had a WVABLE account opened. Hospital Discharge Planning/ Least Restrictive Environment A client with a serious mental illness requested assistance with getting discharged from a state psychiatric hospital. DRWV advocated for discharge to a less restrictive residential setting. As a result, the client was discharged from a state psychiatric hospital, where he had been for almost a year, to an assisted living facility. When asked if he was satisfied with his new placement, he said to the Advocate, “thank you for your part in getting me in here. It is a lot better than the hospital. The food is great, and I get to spend all the time I want on my computer." Housing A Legal Guardian of an individual with a development disability requested DRWV’s assistance regarding the landlord's new policy that forced the client to rescind his US Housing and Urban Development (HUD) voucher in order to continue to reside in his current apartment. DRWV reviewed applicable documents then filed a Cease and Desist related to forcing the client to decline HUD assistance as well as communicated with the landlord's legal counsel. The landlord, on advice of their legal counsel, agreed to drop the requirement to decline HUD funding for at least the next year. This impacted at least two individuals that DRWV is aware of. Post-Secondary Education A client had requested tuition sponsorship from WVDRS for graduate school and they wanted her to complete a psychological evaluation to determine if they would approve it. The client disagreed with the requirement to complete the evaluation because she previously completed evaluations for them. The client chose to complete the evaluation that she initially did not want to participate in, and she was denied graduate school sponsorship. She contacted DRWV for advocacy. DRWV communicated with the client and WVDRS and reviewed the client's WVDRS records to determine the reason for the denial. DRWV filed a Request for Review with WVDRS to request an exception to the college sponsorship policy that caused the denial of funding. WVDRS granted an exception to the college sponsorship policy, and they agreed to provide funding for her graduate school on a semester-by-semester basis. The client started graduate school and is working to meet her employment goals. DRWV staff collaborated with WVDRS to conduct outreach and training to staff at Mason County Schools. DRWV staff also collaborated with WVDRS to conduct outreach to staff and management from a transitional living facility on the grounds of a state psychiatric hospital. Social Security Overpayment Related to Employment A client requested assistance with appealing a Social Security Administration (SSA) overpayment including the payment plan which had resulted in a barrier to employment. DRWV assisted the client in requesting a waiver of the SSA repayment. The Advocate communicated with the client and SSA, following up to request responses on the waiver request. As a result of DRWV’s advocacy, the client's request for an overpayment waiver was approved and he was reimbursed for all of the money he had paid back to SSA. He has resumed his request for services from the WV Division of Rehabilitation Services (WVDRS) and he has a part-time job. Systems Work DRWV represented a four-year-old girl with autism who is nonverbal. She went to a national chain movie theater to see Disney’s A Little Mermaid. During the movie she attempted to sing. She was evicted from the movie. DRWV investigated the matter and provided notice of suit to the movie theater's corporate office. In response, DRWV and the theater's corporate office are discussing a settlement that will include the theater showing children-related movies in a low sensory environment at its two movie theaters in WV. This will impact children with many types of disabilities. During the 2023 legislative year, DRWV was asked to provide technical assistance to various legislators, legislative staff, and legislative committees, including the Legislative Oversight Commission on Health and Human Resources Accountability, the House of Delegates Health Committee, the Senate Judiciary Committee, and the Senate Health Committee. DRWV has continued our partnership with the National Arc, the Arc of Three Rivers, the Judge David L Bazelon Center for Mental Health Law, Mountain State Justice, and Latham and Watkins, LLP to examine the placement of students with disability-related behaviors. This lawsuit continues. DRWV along with A Better Childhood (a national nonprofit) and a local WV law firm filed a federal class action lawsuit against the WVDHHR and several state officials at the end of FY 2019. The suit alleges that the WV Foster Care system is failing to protect children and failing to provide needed services. The US District Court granted class certification. Extensive discovery is being conducted. Trial is scheduled to begin in 2024. Voting Rights DRWV assisted eleven clients in registering to vote or updating their voter registration, assisted four clients with requesting and/or understanding absentee ballots, and educated two other clients about their voting rights. In FY 2023, DRWV staff conducted accessibility studies of the external access to one hundred nine polling sites in six counties in WV. Ninety-nine of the sites were identified to be in violation of the Americans with Disabilities Act (ADA) in some way. The most common ADA violations were a lack of van accessible parking spaces and/or adjoining access aisles, parking signage displayed at the improper height or missing altogether, and unstable surfaces on access routes. DRWV has or will follow up on each violation per our written process.

2023 NEWS LETTER February Disability Rights of West Virginia Bullying and School Article by Lori Waller, DRWV Staff Attorney What is bullying? According to the federal Department of Education, bullying is characterized by aggression used within a relationship where the aggressor has more real or perceived power than the target, and the aggression is repeated, or has the potential to be repeated. Bullying is physical, verbal, or psychological actions inflicting or attempting to inflict discomfort upon another through a real or perceived imbalance of power. Dear Colleague Letter, 61 IDELR 263 (OSERS/OSEP 2013). According to West Virginia law, harassment, intimidation or bullying means “any intentional gesture, or any intentional electronic, written, verbal or physical act, communication, transmission or threat” that a reasonable person under the circumstances should know will have the effect of any one or more of the following: (1) physically harming a student; (2) damaging a student’s property; (3) placing a student in reasonable fear of harm to his or her person; or (4) placing a student in reasonable fear of damage to his or her property. W.Va. Code §18-2C-2(a)(1). The act also must be sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or emotionally abusive educational environment for a student; or disrupts or interferes with the orderly operation of the school. W.Va. Code §18-2C-2(a)(2) & (3). Of note, confrontations between students that are not characterized by an imbalance in power generally do not constitute bullying. Bullying can occur in multiple different ways. It can involve overt physical behavior or verbal, emotional, or social behaviors (e.g., excluding someone from social activities, making threats, withdrawing attention, destroying someone's reputation) and can range from blatant aggression to far more subtle and covert behaviors. Cyberbullying, or bullying through electronic technology (e.g., cell phones, computers, online/social media), can include offensive text messages or emails, rumors or embarrassing photos posted on social networking sites, or fake online profiles. Dear Colleague Letter, 61 IDELR 263 (OSERS/OSEP 2013). Children have the right to not be bullied. According to West Virginia law, each county board of education is required to establish a policy prohibiting harassment, intimidation or bullying. W.Va. Code §18-2C-3(a). The policy must prohibit harassment, intimidation or bullying of any student on school property, a school bus, at a school bus stop or at school sponsored events and define what constitutes harassment, intimidation and bullying. W.Va. Code §18-2C-3(b)(1) & (2). Schools also have an obligation to ensure that a student with a disability who is the target of bullying behavior continues to receive a free appropriate public education (FAPE) in accordance with his or her individualized education plan (IEP) as required by the Individuals with Disabilities Education Act (IDEA). The school should, as part of its appropriate response to the bullying, convene the IEP Team to determine whether, as a result of the effects of the bullying, the student's needs have changed such that the IEP is no longer designed to provide meaningful educational benefit. The student with the IEP continues to have the right to be educated in the least restrictive environment (LRE), meaning dealing with bullying cannot be solved simply by placing the student with the disability in a more restrictive environment to separate that student and the student who is doing the bullying. How many children are bullied? Students with disabilities are more likely to experience bullying than students who do not have disabilities. Students report being bullied for a variety of reason such as their sex, race/ethnicity, and grade level. Any student may be the subject of bullying. The chart below shows the frequency of reports of bullying for year 2019 by various demographic characteristics. Approximately one quarter of students aged 12 to 18 experienced bullying during 2019, showing the extensiveness of this problem. 1Total includes race categories not separately shown. 2Race categories exclude persons of Hispanic ethnicity. Data for Pacific islander and American Indian/Alaska Native students did not meet reporting standards in 2019; therefore, data for these two groups are not shown. 3Excludes students with missing information about the school characteristic. NOTE: “At school” includes in the school building, on school property, on a school bus, and goind to and from school. Although rounded numbers are displayed, the figures are based on unrounded data. SOURCE: U.S. Department of Justice, Bureau of Justice Statistics, School Crime Supplement (SCS) to the National Crime Victimization Survey. 2019. See Digest of Education Statistics 2020. table 230.40 What must schools do? West Virginia’s public schools must respond quickly and consistently, in accordance with state and federal law, to incidents of bullying, harassment or intimidation in a manner that effectively deters future incidents and affirms respect for individuals. Client Comments Why we do what we do Our advocate is very meticulous about her job. One of the best in her field. We love her! My advocate is doing a great job!

VOTING FROM THE STATE HOSPITALS Can I vote if I am at one of the state psychiatric hospitals? Yes, you still may vote if you are in one of the state psychiatric hospitals.Please, ask your social worker about your hospital’s policies on voting. You should be able to register to vote, apply for an absentee ballot, and cast that ballot by mail. Your hospital may have other arrangements for you to vote. What address do I use to register to vote? If you maintain a residence outside of the hospital, you can use that address as your physical residence on the registration form and the absentee ballot. You should use the hospital’s address as your current mailing address. If you do not have a residence outside of the hospital, you can use the hospital’s address as both the residence and mailing address. The hospital’s addresses and counties are listed below.If you are unsure or need assistance, please contact your social worker. Who do I contact if I am unable to get the help I need to vote? You may contact your hospital’s patient advocate (listed below). Or, you may contact Disability Rights of West Virginia at (800) 950-5250. Mildred Mitchell-Bateman Hospital Patient Advocates: Miranda Parsons, (304) 525-7801 - ext. 93188 Evan Price, (304) 525-7801 - ext. 93187 Hospital Address: Mildred Mitchell-Bateman Hospital (Include your unit/room number) 1530 Norway Ave Huntington, WV 25705 County: Cabell County William R. Sharpe, Jr. Hospital Patient Advocates: Teri Newsome , (304) 269-1210 - ext. 37123 Roonie Reed, (304) 269-1210 - ext. 37050 Danielle Torrez, (304) 269-1210 - ext. 37303 Hospital Address: William R. Sharpe, Jr. Hospital (Include your unit/room number) 936 Sharpe Hospital Road Weston, WV 26452-8550 County: Lewis County

2025 DRWV ADVOCACY IN MOTION 7/9/25 - West Virginia Watch Costs for WV psych hospital top $128M; community homes for people with disabilities still lag. https://westvirginiawatch.com/2025/07/09/operating-costs-for-wv-psych-hospital-reach-128m-community-homes-for-people-with-disabilities-still-lag/ 6/26/25 - West Virginia Watch Federal budget proposals would cut programs for West Virginians with disabilities. GOP-led efforts to curb spending would slash funding for myriad of programs that help adults and children with disabilities in the rural state. https://westvirginiawatch.com/2025/06/26/big-beautiful-bill-contains-severe-cuts-to-programs-for-west-virginians-with-disabilities/?emci=7e28f606-d651-f011-8f7c-6045bdfe8e9c&emdi=907af7b7-7c52-f011-8f7c-6045bdfe8e9c&ceid=113465 6/4/25 - WAJR - The Voice of Morgantown Problems within the West Virginia Department of Health Facilities are a continuing issue for Disability Rights of West Virginia. https://wajr.com/2025/06/04/disability-rights-west-virginia-calls-for-contract-worker-reform-at-state-health-facilities/ 5/30/25 - WCHS Eyewitness News Advocates encouraged by child welfare reforms in West Virginia. West Virginia Gov. Patrick Morrisey's plan to bring more transparency to the state's child welfare system is already getting a welcome reception from those who have long been asking for it. https://wchstv.com/news/local/advocates-encouraged-by-child-welfare-reforms-in-west-virginia 3/31/25 - West Virginia Watch $70M spent sending WV foster children to out-of-state facilities, some with abuse allegations. https://westvirginiawatch.com/2025/03/31/70m-spent-sending-wv-foster-children-to-out-of-state-facilities-some-with-abuse-allegations/?emci=de8c6e96-ee0b-f011-90cd-0022482a9fb7&emdi=1aae1c51-1f0e-f011-90cd-0022482a9fb7&ceid=113465 3/20/25 - National Federation of the Blind National Federation of the Blind and Blind Students Sue West Virginia University for Discrimination. https://nfb.org/about-us/press-room/national-federation-blind-and-blind-students-sue-west-virginia-university 2/13/25 - WOWK 13 News What is Section 504? West Virginia joins lawsuit sparking disability rights concerns. https://www.wowktv.com/news/west-virginia/what-is-section-504-west-virginia-joins-lawsuit-sparking-disability-rights-concerns/ 1/12/25 - Metro News Disability Rights of West Virginia lawsuit targets contract workers at state-run health facilities. https://wvmetronews.com/2025/01/12/disability-rights-of-west-virginia-lawsuit-targets-contract-workers-at-state-run-health-facilities/ 1/9/25 - West Virginia Watch WV hospital workers face charges over Hopemont patient’s death. https://westvirginiawatch.com/2025/01/09/wv-hospital-workers-face-charges-over-hopemont-patients-death/ 1/8/25 - Metro News Two Hopemont Hospital workers charged in patient’s death . https://wvmetronews.com/2025/01/08/two-hopemont-hospital-workers-charged-in-patients-death/ 1/8/25 - WV Public Broadcasting Two Nurses Charged With Criminal Neglect In Patient’s Boiling Death . https://wvpublic.org/two-nurses-charged-with-criminal-neglect-in-patients-boiling-death/

INTAKE PROCESS Contact DRWV to request our service. By Phone: 1 (800) 950-5250 By E-Mail: contact@drofwv.org By Mail: 5088 Washington St. W, Suite 300 Charleston, WV 25313 An intake advocate will make all reasonable efforts to contact you within three business days to do an intake. The intake advocate will then present your request for services to the Intake Review Committee. The Intake Review Committee meets weekly to review all requests and determine what services DRWV can offer you. You will receive a letter containing the Intake Review Committee’s decision once your request has been reviewed. Note: Service requests identified as an emergency that are received during the normal business hours are processed immediately if they are related to abuse and neglect allegations involving imminent danger; life-threatening emergencies; and termination of services, evictions, and hearings occurring within 7 days.

PAAT CASES Our PAAT (Protection and Advocacy for Assistive Technology) program helps people understand their rights to use medical devices or technology that can aid them in managing their disability. Collectively this is called Assistive Technology (AT). We help people navigate legal issues such as insurance denials of coverage for AT or related services, access to medical care that requires use of AT, housing accommodations, workplace accommodations, and accommodations in schools. The PAAT program was created in 1994. Below, we highlight a few of our PAAT cases and outcomes. 1 Our client had a documented medical need for a cubby bed. The Cubby Bed® (Sensory Medical Inc) is an enclosed, low height safety bed that features a sensory canopy, padded walls, and sensory equipment such as a camera, microphone and sensory light. Cubby Bed is a class 1 medical device: patient bed with canopy. The West Virginia Bureau for Medical Services (BMS) would not approve the cubby bed and DRWV was advised by the vendor that BMS' below market pay rate was unacceptable. The Medicaid Act requires coverage of all medically necessary services that are included within the categories of mandatory and optional services listed in section 1905(a), regardless of whether such services are covered under the State Plan. If there are insufficient vendors to provide the service or product or the Medicaid payment is too low to attract sufficient vendors Centers for Medicare and Medicaid Services (CMS) states that "the state would need to develop a payment methodology for the service, supply or equipment, including the possibility that payment may need to be made using a single-service agreement with an in-state provider or an out-of-state provider who will accept Medicaid payment." DRWV was successful in representing the client to ensure BMS fulfilled its obligations under the Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) program and the vendor promptly provided the medically necessary cubby bed to our client. 2 The client was in need of a vehicle lift for her motorized wheelchair. DRWV provided advocacy on client's behalf with the WV Division of Rehabilitation Services (DRS) for her to be provided with a vehicle wheelchair lift to allow her improved access to her place of employment and retain her job. DRWV provided advocacy on client's behalf with the WV Division of Rehabilitation Services (DRS) for her to be provided with a vehicle wheelchair lift to allow her improved access to her place of employment and retain her job. 3 The client requested assistance with getting his scooter replaced with one that better meets his needs. DRWV appealed the Workers' Compensation Claim Administrator's decision denying authorization for a heavy duty, zero turn wheelchair then represented the client before the WV Workers' Compensation Board of Review. The Claim Administrator's decision was overturned and the client now has the heavy duty, zero turn wheelchair. 4 The mother requested assistance with getting the school to implement the AT device and speech therapy per the client's IEP and provide the client with access necessary AT. DRWV filed a due process complaint and negotiated a settlement agreement. A favorable settlement agreement was completed with provisions for updated training and usage of clients AT Communication Device. 5 The client needed assistance with getting her dentures. DRWV advocated for client to be taken to obtain her dentures after she had experienced numerous delays in being transported for dental services. Client was transported to her dental appointments and received her dentures. 6 The grandmother requested assistance with getting the school to allow the client access to AT devices at home. DRWV reviewed information on the hearing technology listed in his IEP then attended an IEP meeting. DRWV reviewed information on the hearing technology listed in his IEP then attended an IEP meeting. During the meeting, we learned that the school was not having the client wear the AT due to it making a loud buzzing noises. DRWV requested that the AT be sent home in order to do homework. Due to advocacy provided by DRWV, arrangements were made for the AT to be repaired. DRWV successfully advocated for the equipment to be sent home. The grandmother will be trained in how to use the hearing device. 7 The client requested assistance with getting his hearing aids repaired while in federal prison. DRWV communicated with the client and the Health Services Administrator at the federal prison regarding the hearing aids. The client received his hearing aids. He said he had tears in his eyes because he could hear birds singing, which he had not heard in 18 months. He expressed gratitude for DRWV assistance.

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 Eligibility To be eligible for services under our PADD Program a person must have: acquired a developmental disability before the age of 22, and; have three (3) functional limitations. PADD Funding Source Administration on Developmental Disabilities, Administration for Children and Families, U.S. Department of Health and Human Services. PADD Publications

DRWV is seeking an advocate for the Medley/Hartley Advocacy Program. Disability Rights of West Virginia (DRWV) is the federally mandated protection and advocacy system for West Virginia for individuals with disabilities. Requirements/Qualifications: DRWV is seeking an advocate to perform work, primarily in the Medley/Hartley Advocacy Program. This Advocate helps to protect and preserve the rights of Medley Class Members. This includes helping Class Members to have a voice in decisions that impact their lives, representing their interests, and obtaining needed services by working with others. Medley Class Members are individuals with a diagnosis of an intellectual/developmental disability who were institutionalized, in certain institutions, prior to the age of 23 for at least 30 days. This position primarily serves a vast area which includes the north and eastern parts of the state and requires extensive travel throughout the region. Additional travel throughout the state is required as needed. Applicants must have excellent communication skills to effectively interact with diverse populations, including people with disabilities. The applicant must represent the agency in a professional manner at all times. Duties include direct advocacy, outreach and monitoring facilities at other locations that provide services to individuals with disabilities. It is preferred, but not required, that applicants have a bachelor’s degree and experience working with people with disabilities. Telework is available, but the applicant would need to report to the Bridgeport office when needed. DRWV offers an excellent benefits package. Work Schedule: Full Time Monday to Friday Weekends and overtime as needed Work Location: Hybrid remote and as needed in the Bridgeport office Benefits: Dental insurance Flexible spending account Health insurance Health savings account Life insurance Paid time off Retirement plan Vision insurance Salary Range: $37,000 - $46,000.00 per year TO APPLY: Please submit a cover letter with your salary requirement along with your resume using the submit button below or by email to jobs@drofwv.org . DRWV is an Equal Employment Opportunity Employer . JPEG or PDF files accepted* Upload Files Here Submit

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