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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

TEMPORARY ACCESSIBILITY SOLUTIONS FOR ELECTION DAY The H elp A merica V ote A ct (HAVA) is a federal law which ensures that each and every American citizen who is legally eligible to vote is able to fully exercise their right to vote; it makes the voting process and the voting place accessible to ALL eligible voters. P rotection and A dvocacy for V oting A ccess (PAVA) was Established in 2003 as part of HAVA. PAVA ensures that legally eligible 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. West Virginia Advocates (WVA) is the grantee for PAVA. The following are accommodations that can be made to temporarily resolve common accessibility issues on Election Day: Problem: Entrance door to the building is heavy and difficult to open. Solution: Keep the door propped open or station volunteers near the door to open it for voters. Problem: The accessible entrance is different from other entrance(s). Solution: Place signs at key points/areas to direct voters with disabilities to the voting area. Problem: The voting area is not on an accessible route and cannot be made accessible. Solution: Look for another area where accessible voting may be provided. Problem: Lack of Accessible Parking Solution: Traffic cones, or other temporary elements, may be used to mark the spaces and access aisles that are closest to the accessible entrance. Provide a sign designating each accessible parking space. Problem: The accessible route crosses a curb and no curb ramp is provided or one or two steps are part of the walkway leading to the accessible entrance Solution: Install a portable ramp with edge protection and handrails. Remember: The accessible voting area must be on an accessible route and have an accessible entrance with adequate circulation and maneuvering space for voters who use wheelchairs or scooters or who walk with mobility aids. Each polling site should have at least ONE accessible electronic voting machine. The U.S. Election Assistance Commission (EAC) has created a video on Making Polling Places Accessible. It can be found online at https://www.eac.gov/making_polling_places_accessible/ . The ADA Checklist for Polling Places can be found online at http://www.ada.gov/votingchecklist.htm . WVA’s Voting Rights video, People With Disabilities Vote!, can be found online at: https://www.youtube.com/user/wvadvocates. Please contact Disability Rights of West Virginia at 304-346-0847 or toll free at 1-800-950-5250 if you have any questions regarding the information provided, or need assistance. WVA’s website may be an additional resource for you. It includes a wealth of useful information on various disability and non-disability topics. Go to www.drofwv.org and choose the “Resources” tab. From there, scroll down to the category that interests you. Please check back for frequently for updates and additions. WVA can also be found on Facebook. Go to https://www.facebook.com/drofwv then “like” us to receive updates. Funding for this publication is provided by the U.S. Department of Health and Human Services, Administration for Community Living, Administration on Intellectual and Developmental Disabilities. Temporary Accessibility Solutions for Election Day (PDF) Temporary Accessibility Solutions for Election Day (DOCX)

NEWS LETTER November Disability Rights of West Virginia Voting Rights for People with Disabilities Article by Zachary Kelley, DRWV Advocate A Brief History: There are approximately 61 million people living with disabilities in the United States. That equates to 26% of the total population or one in four people. Studies have shown that people with disabilities historically have lower voter turnout than the general public. There are many factors, such as physical barriers that prevent people with disabilities from voting. The Help America Vote Act or HAVA was passed in 2002 to help overcome these barriers. HAVA allows organizations like Disability Rights of West Virginia to assist individuals with disabilities in full participating in the electoral process. This assistance is implemented through the Protection and Advocacy for Voting Access or PAVA program at Disability Rights of West Virginia. Voting Rights: As a person with a disability, you have the right to: Have full access to your public polling site; Cast your ballot in private; Have someone of your choosing assist you in the voting booth; and Every polling place must: Have at least one voting device that allows voters, regardless of disability, to cast their ballot privately and independently; and Be physically accessible in a manner that is compliant with the American Disabilities Act (ADA) guidelines. American Disabilities Act The Americans Disability Act was signed into law by President Bush on July 26, 1990. This was the world’s first comprehensive civil rights law for people with disabilities. The ADA requires polling sites across the United States to be physically accessible. Every polling place must: Have at least one accessible route to connect accessible buildings, accessible facilities, accessible elements, and accessible spaces that are on the same site; Have a ramp with a running slope that is not steeper than 8.3%; Possess door hardware that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrist; and Display parking space identification signs and include the International Symbol of Accessibility. The signs identifying van parking spaces shall contain the designation “van accessible.” Signage shall be 60 inches minimum above the finish floor or ground surface measured to the bottom of the sign. Check out the full list of ADA Accessibility Standards at: https://www.ada.gov/regs2010/2010ADAStandards/2010ADAStandards_prt.pdf Contact Disability Rights of West Virginia (DRWV) if: You need assistance when registering to vote. You have questions about voter rights. You have encountered harassment or discrimination by an election official. Your polling place is not accessible. You have not been provided with the opportunity to vote in an accessible format. Client Comments Why we do what we do The advocate at DRWV was extremely helpful and knowledgeable during this overwhelming and stressful situation. She answered my questions and concerns and put my mind at ease. I appreciate the advice and support we received for our daughter’s care, which she deserves. Thank you. The advocate was very helpful. I could not have been more satisfied. She is amazing. Thank you.

VETERANS - BENEFITS Federal Benefits for Veterans, Dependents & Survivors Veterans of the United States armed forces may be eligible for a broad range of programs and services provided by the U.S. Department of Veterans Affairs (VA). This booklet contains a summary of these benefits. A Guide to Veterans' Benefits To address this issue and assist senior veterans and their families, we have created a comprehensive guide that explains various VA benefits, focusing on those applicable to seniors. This guide offers valuable insights into utilizing VA benefits to meet long-term care needs. It outlines eligibility requirements and provides a step-by-step application process to determine available options for financing their healthcare needs Medicare Plans Resource for Veterans Explore the benefits of having Medicare with VA health insurance coverage. It’s possible to have VA and Medicare benefits at the same time. Having both types of coverage is helpful if you need specialized care, if you have a condition not connected to your military service, or if you want to use non-VA providers. Mesothelioma Guide – Veterans Support Guide Our mission is to guide mesothelioma patients and their loved ones toward answers, care options, and free health solutions that improve their lives. National Council for Aging Care's Guide to Military Veteran Benefit Options Helping you navigate your veteran benefit options. Social Security Online Disability Benefits for Wounded Warriors Expedited processing of disability claims from Social Security for military service members who become disabled while on active military service on or after October 1, 2001, regardless of where the disability occurs. U.S. Department of Veterans Affairs Burial and Memorial VA's website on burial and memorial benefits. U.S. Department of Veterans Affairs Education Benefits Information on the GI Bill. U.S. Department of Veterans Affairs Health Care Eligibility Information on applying for VA Health Care Services. U.S. Department of Veterans Affairs Home Loans Information on the VA's Home Loan Guaranty Services. U.S. Department of Veterans Affairs Life Insurance Our insurance programs were developed to provide insurance benefits for veterans and service members who may not be able to get insurance from private companies because of the extra risks involved in military service, or a service connected disability. U.S. Department of Veterans Affairs Returning Service Members Information about some of the benefits VA provides. Veterans Upward Bound A United States Department of Education Program dedicated to helping Veterans of the U.S. Military take full advantage of the educational opportunities available to them. WV Department of Veterans Assistance The mission of the West Virginia Department of Veterans Assistance (WVDVA) is to aid and advise honorably discharged West Virginia veterans and their qualifying dependents and to ensure they are provided the care, assistance and recognition they deserve. Numerous programs, sixteen field and claims offices and three facilities fall under the purview of the WVDVA, enabling the department to meet this goal.

NEWS LETTER December Disability Rights of West Virginia The Medley Hartley Advocacy Program 2021 Article by Stephanie Thorn, DRWV Medley Program Director Disability Rights of West Virginia (DRWV) offers advocacy services to people in West Virginia through federal and state programs. The Medley Hartley Advocacy Program (MHAP) is a state funded program that provides advocacy services to people in West Virginia who are eligible. The Medley Program emerged as part of a class action lawsuit (Medley v. Ginsberg, 1981) and the Medley Consent Decree. It mandated that people with developmental disabilities would be served in the least restrictive environment and receive individualized services based on their individual needs. It formed an advocacy system for all Medley Class Members. It also changed the conditions of the state’s institutions, which resulted in several of them closing. Hartley was established due to a different class action lawsuit (E.H. v. Matin, 1983) and provided major improvements to the state’s behavioral health system. It mandated that people with mental illness, substance abuse, traumatic brain injury or developmental disabilities get services in the least restrictive environment. The MHAP grant narrows those eligible for Hartley services through this program. Those individuals that meet the broader definition may be served through one of DRWV’s federal programs DRWV provides advocacy services to more than 300 Medley Class Members. We have seven different regions with an Advocate assigned to each. Advocates attend treatment team meetings, complete home and day activity visits, and advocate for the needs and wishes of Medley Class Members . We visit homes, hospitals, group homes, nursing facilities, and other locations where the Medley members live. We advocate for people to live in their desired community, to work or participate in the day activities that they want, and most importantly to ensure that their needs are met. We report abuse, neglect, and exploitation to the WV Department of Health and Human Resources and to law enforcement when it is needed. We strive for Medley Class Members to live in the most independent way that they can, with individualized supports and services in place to help them do so. Advocates focus on the members wishes and interests and attempt to assist individuals fully achieve them. Who is Eligible to become a Medley Class Member? To become a Medley Class Member an individual must: live in West Virginia; have a diagnosis of an intellectual or developmental disability; been hospitalized prior to age 23 in a West Virginia institution such as Weston State Hospital, William R Sharpe Jr. Hospital, Huntington State Hospital (now Mildred Mitchell-Bateman Hospital), Colin-Anderson Center, Greenbrier Center, Spencer State Hospital, Lakin Hospital or Hopemont Hospital for at least 30 days; and, have been born on or after April 1, 1956. Once a person becomes a Medley Class Member, they receive advocacy services for their lifetime. Through Hartley, DRWV works to find individuals who may be eligible to become Medley Class Members. Please contact DRWV for more information or if you know someone who may qualify to become a Medley Class Member. DRWV believes that people with disabilities can have lives that are enjoyable, dignified, valuable, and productive. Our job is to make sure that the needed supports and services are in place so they can live an integrated life in the least restrictive environment; that they are safe from abuse, neglect, and exploitation; and, that their wishes are expressed and acknowledged. . Client Comments Why we do what we do Thank you for keeping me in my home! Very pleased with all, eased my mind.

Disability Rights Brochures BROCHURES Client Assistance Program (CAP) Brochure Client Assistance Program (CAP) Brochure Large Print CAP Brochure for Centers for Independent Living (CILs) CAP Brochure for Centers for Independent Living (CILs) Large Print CAP Brochure for Centers for Independent Living (CILs) (Spanish) DRWV General Information Brochure DRWV General Information Brochure Large Print DRWV General Information Brochure (Spanish) Protection and Advocacy for Assistive Technology (PAAT) Brochure Protection and Advocacy for Assistive Technology (PAAT) Brochure Large Print Protection and Advocacy for Beneficiaries of Representative Payees (PABRP) Brochure Protection and Advocacy for Beneficiaries of Representative Payees (PABRP) Brochure Large Print Protection and Advocacy for Beneficiaries of Social Security (PABSS) Brochure Protection and Advocacy for Beneficiaries of Social Security ( PABSS) Brochure Large Print Protection and Advocacy for Voting Access (PAVA) Brochure Protection and Advocacy for Voting Access (PAVA) Brochure Large Print Protection and Advocacy for Voting Acces s (PAVA) Brochure (Spanish) Traumatic Brain Injury Self Advocacy Transition Services Brochure Transition Services Brochure Large Print

PSYCHIATRIC ADVANCE DIRECTIVES For Consumers Creating a Psychiatric Advance Directive: A Toolkit for Consumers (PDF) Psychiatric Advance Directives: Information for Consumers (PowerPoint) Psychiatric Advance Directives: Information for Consumers (Text) For Families Creating a Psychiatric Advance Directive: A Toolkit for Families (PDF) Psychiatric Advance Directives: Information for Families (PowerPoint) Psychiatric Advance Directives: Information for Families (Text) For Providers Creating a Psychiatric Advance Directive: A Toolkit for Providers (PDF) Psychiatric Advance Directives: Information for Providers (PowerPoint) Psychiatric Advance Directives: Information for Providers (Text) Forms Wellness Recovery Action Plan (WRAP) Crisis Plan Post-Crisis Plan Additional Information The Advance Self-Advocacy Plan (ASAP) Toolkit Baker Act Advance Directive Form Caring Connections Advance Directive Living Will Power of Attorney WV Bureau of Senior Services Five Wishes Resources Disability Rights of West Virginia, (800) 950–5250 Caring Connections , (800) 658–8898 National Resource Center on Psychiatric Advance Directives

DISABILITY RIGHTS HISTORY IN WEST VIRGINIA Click on the arrows to view our timeline of major events pertaining to Disability Rights History in West Virginia, highlighting significant legislative, educational, and advocacy-related milestones.

OUR STAFF Administrative Staff Susan Given, Executive Director Barbara Criner, Administrative Director Beverly Gragg, Senior Administrative Assistant Roy Mallory, Systems Administrator Terry Hickernell, Public Relations/Content Specialist Legal Staff Nick Ward, Legal Director email: nward@drofwv.org Jodi Durham, Staff Attorney Program Staff Taniua Hardy, Program Director Stephanie Thorn, Medley Program Director Jodi Calissie, Data Report Specialist Lisa Brammer, Intake Specialist Sandy Sibray, Intake Specialist Regina Desmond, Senior Advocate Kevin White, Senior Advocate Christy Black, Advocate Shirley Bonnett, Advocate Jerri Drake, Advocate Debra Grant, Advocate Sandra Griffith, Advocate Lori McGinnis, Advocate Amy Pike, Advocate Sheila Reynolds, Advocate Michael Schwartz, Advocate Alia Tanner, Advocate

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.

# Psychiatric Advance Directives - Information for Consumers Disability Rights of West Virginia Protection and Advocacy for Individuals with Mental Illness Advisory Council This information was developed to raise awareness of Psychiatric Advance Directives. It is not intended to provide legal or medical advice. ## What is it? *Psychiatric Advance Directives: Used to document an individual’s specific instructions or preferences regarding mental health treatment, in preparation for the possibility that the person may lose capacity to give or withhold informed consent to treatment during a crisis ## What can I do? Three options for developing a Psychiatric Advance Directive *Living Will *Medical Power of Attorney *Combination of Living Will and Medical Power of Attorney ## Living Will *States your wishes about medical care in the event that you can no longer make your own decisions ## Medical Power of Attorney *Lets you name someone to make decisions about your medical care ## Benefits *Self direction over care *Decreases chance of involuntary treatment *Enables you to choose your own continuum of care, listing what you need and don’t need - what you know from experience helps you and what does not ## Consider... What should you consider in writing your psychiatric advance directive? *Find someone to help that you trust *Discuss your choices with this individual *Make sure they agree with your choices *Make sure they will advocate for your choices *Be specific about when the PAD should be used *Opportunity to be specific regarding care *Review your psychiatric advance directive with someone on a regular basis ... sometimes your preferences may change! *Describe what has happened in the past and why you chose your preferences *Use clear language ... instead of, "I prefer not to," state, "I do not want" or instead of, "I prefer," use, "I want" ## Be Clear *Your advance directive can include a power of attorney and written instructions, however, be clear about when power of attorney takes over and when to follow written instructions ## Rights *To be informed of your right to create a psychiatric advance directive *Remember you have the right to revoke your advance directive at any time and choose not to follow it - and you may do that verbally *The treatment you prefer in crisis maybe different than your usual treatment that keeps you well ## Community Education Same written materials do not have to be provided in all settings however all must: *Define an advance directive *Emphasize that it is designed for consumers to exercise self-direction over healthcare *Describe applicable state law regarding advance directives *All information distributed must be current *Must include state law revisions within 90 days of effective date of the revision *Providers may contract with other entities to provide the information. However, the provider is legally responsible for ensuring education occurs ## When Information on AD Policies Must Be Provided *At time of admission *Upon enrollment in a healthcare plan *Before receiving care *When initially receiving care ## Family receipt of Advance Directive Information Providers may give information regarding a advance directive when: *The consumer is incapacitated and unable to receive information due to a mental disorder or a incapacitating condition, or if the consumer is unable to articulate whether or not they have a advance directive *The information must be given to the consumer once they are no longer incapacitated ## Rights Providers must honor your psychiatric advance directive unless: *It is withdrawn verbally or in writing by you *The provider does not have the resources to provide the treatment *A provider believes that the directive would endanger your life or be dangerous to others If a provider does not honor your psychiatric advance directive they must: *Tell you the reason for not honoring your advance psychiatric directive *It must be due to lack of resources, or because the provider feels your preferences would endanger your life or others’ lives ## What to do if directives are not being followed *Complaints can be filed with the agency that surveys and certifies Medicare and Medicaid providers *Providers and healthcare plans must inform consumers they have this right, and how to file a complaint ## Legal Document Making it a legal document *The West Virginia Living Will form and / or Power of Attorney form can be used, but don’t have to *Signed with two witness in front of a notary public Format for Directive Do not have to use the "living will" format for an advance directive to be legal ## Resources West Virginia Advocates (800) 950-5250 WV Bureau of Senior Services (877) 987-3646 Caring Connections (800) 658-8898 Advance Self-Advocacy Plan (asap) National Resource Center on Psychiatric Advance Directives

HELP! THE SCHOOL AND I DON'T AGREE ON MY CHILD'S IEP. Disability Rights of West Virginia (DRWV) often receives calls from parents stating that they have requested something from the school district during an Individualized Education Program (IEP) meeting and the school district will not provide it. These requests are for things like evaluations, assistive technology, services such as physical/occupational or speech/language therapy (PT/OT/SLT) or for an accommodation to be listed on the student’s IEP. When school districts won’t do what the parents have requested, parents often make the mistake of “going to the board of education” to complain. Board of education members are NOT part of a student’s IEP team, nor can they make IEP decisions outside of the IEP process. Remember, IEP development is a process and the process must be followed! Listed below are the steps you should follow when trying to obtain services needed by a student: Make all requests during an IEP meeting in writing! This starts the timelines for the school to respond by agreeing with your request, getting a consent form signed by you, or disagreeing with your request and providing notice of their disagreement.Questions to keep in mind when making a request are: Why are you making the request? Do you have documentation from a professional recommending what you are asking the school district to provide? Some requests may require an evaluation first. You will need to provide a doctor’s prescription requesting an evaluation for a related service such as the PT/OT/SLT. The evaluation will then determine if the student has an educationally based need for the related service. A written request for an assistive technology evaluation should be made if the student needs a device or software to benefit from or have access to their education. There are evaluations for other services. Be sure to keep a copy of the doctor’s prescription and/or the letter requesting an evaluation.Once a parent makes a request for an evaluation, the school district must obtain the parents’ signed consent. Most likely the school district will want to use their form; however, the letter from the parent should serve as written consent for the evaluation. After the school district has obtained signed consent, they have eighty (80) calendar days to perform the evaluation. If the IEP team is requesting the evaluation the school district has sixty (60) calendar days to perform the evaluation. If the school district refuses to do the evaluation or provide other services you have requested, they must provide you with prior written notice (PWN) within five (5) calendar days explaining why they are refusing your request. PWN must contain what was requested, why it is being refused, what other options were considered, and why those were determined inappropriate.Remember, you probably will be working with the school district for several years. It is important to build a good working relationship with the school IEP team members. Because someone from the school district is telling you “no” for something you requested at an IEP meeting, does not mean that they personally disagree with you. They may agree with you, but are being told to say “no” by their supervisors. Be professional. If you are being told “no” for one or more of your requests, request prior written notice for each issue and move on through the IEP development. Don’t let the “no” hold up the rest of the IEP development. There are most likely many other issues the team agrees on. If the county’s Special Education Director attended the IEP meeting at which you made your request, once you have received your PWN, you can then file a state complaint regarding what you requested and the school refused.If the Special Education Director did not attend the IEP meeting in which you made a request, you should write a letter to the Special Education Director. In the letter, explain what you requested and why. You can discuss what the other IEP team members had to say about your request. Finally, ask the Special Education Director to look into the matter and to respond to your letter in writing within ten (10) calendar days. Send the letter by certified mail with a return receipt. The letter allows time for the Special Education Director to investigate the issue(s). The Special Education Director may then instruct the IEP team to meet again with instruction given to the chairperson of the meeting on how to resolve the issue(s) in question. If the Special Education Director does not offer assistance to the IEP team on how to resolve the issue(s), the next step for the parent would be to file a state complaint with the West Virginia Department of Education (WVDE). Parents are often very nervous about filing a state complaint. Don’t be! The role of the WVDE is to investigate matters such as this one. They are to determine if a county has followed the WVDE’s policies and procedures called WV Policy 2419. If a county is not following the policies, the WVDE will require they do so. The WVDE may also require the county to provide staff training or develop a needed procedure for something. They may determine the student is owed compensatory educational services (make up services for something the county failed to do). If the WVDE has received several complaints in the same county for similar issues, they may see that they need to provide training in that county. A state complaint can serve many beneficial purposes. Another option available to parents and educators in resolving disagreements about a student’s IEP, is the Mediation Process. It is a voluntary process. Both parties must be willing to compromise in order to come to an agreement about what is the best way to meet the student’s needs. If both parties are not willing to give and take a little, Mediation will not help. Mediation can take place any time, even if there has been a state complaint or due process filed. An agreement reached during Mediation is enforceable in state and federal courts. A Due Process Hearing request can be filed to resolve disputes between parents and school districts. A hearing officer makes a decision which determines whether the law has been violated and what will be done to resolve issues. A Due Process Hearing is very much like a court proceeding. The school district will have an attorney to represent them. DRWV suggests that if a parent wishes to obtain legal representation for a due process hearing, to do so before filing for a due process hearing. The timeline of events run very quickly in a due process and an attorney will need time to prepare your case. It is wise not to threaten to sue the school district every time you go to an IEP meeting. Keep in mind that it is very difficult to find attorneys who will take a special education case. DRWV does provide representation for a student at a due process hearing when our resources allow. However, because you say you want to file a due process, does not mean that you are ready for a due process. The DRWV attorney or a privately hired attorney will want to see that you have taken steps to document the issues for which you want to go to due process. That is why it is very important to write letters to document problems and conversations, make requests in writing, have recommendations from professionals and file state complaints. Documentation is needed to prove your case. Version Version 2.0 Downloads HELP! The school and I don’t agree on my child’s IEP (PDF)