2021 NEWS LETTER October Disability Rights of West Virginia Reasonable Workplace Accommodations for Employees with Disabilities Article by Shawna White, DRWV Staff Attorney The COVID-19 pandemic has caused many employers and employees to adapt to doing their job in new ways and new places. Much like employers and employees who have successfully used innovative methods to perform their duties during the pandemic, individuals with disabilities can be successful in employment when accommodations are provided in the workplace. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with disabilities. A reasonable accommodation is any modification or adjustment to a job or the work environment that will enable an applicant or employee with a disability to participate in the application process, perform essential job functions, and/or benefit from the rights and privileges of employment in ways that are equal to those of employees without disabilities. Most employers and individuals with a disability are aware that the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to their employees with disabilities. However, 31 years after the passage of the ADA, there remains a lot of misconceptions about reasonable accommodations in the workplace. While the law regarding reasonable accommodations in the workplace is quite complex and cannot be fully covered in this article, the following tips and resources can help navigate the process. For employees: Always ask for an accommodation as soon as you realize you may need it to perform an essential job function. For employers: If you suspect an employee may need an accommodation, address the issue right away. An employer is required to provide an accommodation for a known disability, even if one has not been requested. Put all requests for accommodations in writing. The ADA does not require requests for accommodations to be in writing but having documentation benefits both the employer and the employee. The document should clearly state what accommodation is needed, when it was submitted and who it was submitted to. If an employer has a particular policy or procedure to request an accommodation, it is best to comply, but the ADA does not require it. An employer must provide an accommodation when it is aware of the need for one, regardless of whether a request was submitted or a procedure followed. Be prepared to provide medical documentation when requesting an accommodation. The ADA does not require an employer to obtain medical documentation, but it provides that an employer can choose to request documentation showing the extent of the employee’s ability to do his or her job, and why reasonable accommodations are needed. An employer is required to provide a suitable accommodation but may not be required to provide the exact accommodation you are requesting. The employer and employee are required to enter into what is called the “interactive process.” This is where all parties make a good faith effort to meet and determine the most appropriate accommodation to allow an individual to perform an essential job function. If you think you may need an accommodation but are not sure what accommodations are available or appropriate, there are resources to help. A first step may be to speak with your medical providers, but if you still need help, there are many resources available. If needed, ask for an accommodation during the application process. An employer must provide a reasonable accommodation to allow a qualified job applicant to participate in the application process. This includes accommodations during a pre-employment test. (For further information, see https://askjan.org/topics/test.cfm). Tips Resources The Job Accommodation Network (JAN) is the leading source of free, expert, and confidential guidance on workplace accommodations and disability employment issues. The West Virginia Division of Rehabilitation Services (DRS) helps people with disabilities establish and reach their vocational goals. The Office of Disability Employment Policy (ODEP) promotes policies and provides technical support to employers and all levels of government to increase workplace success for people with disabilities. If you want to learn more about the ADA and workplace accommodations, visit: JAN: The Job Accommodation Network: https://askjan.org/ The Equal Employment Opportunity Commission: https://www.eeoc.gov/ West Virginia Division of Rehabilitation Services: https://wvdrs.org/ ADA National Network: https://adata.org/factsheet/reasonable-accommodations-workplace Disability Rights of West Virginia is available to provide information and referral, advocacy and legal services to individual with disabilities. If you have questions regarding any issue related to employment and disability, you have been denied an accommodation or feel you have been subjected to employment discrimination, DRWV is here to help.

ANNUAL REPORT 2024 Disability Rights of West Virginia On behalf of the staff and Board of Directors of Disability Rights of West Virginia (DRWV) I am proud to highlight the outcome of some of our work in advocating for and protecting the rights of individuals with disabilities in 2024. Through our collective efforts, we have continued to push for greater inclusion, accessibility, and equality within our communities as well as uncovering and remedying instances of abuse and neglect. As always, DRWV has remained steadfast in its mission, overcoming challenges and celebrating successes that have made a meaningful difference in the lives of people with disabilities. None of these successes would be possible without our amazing staff's dedication and hard work. Their passion, commitment, and tireless efforts are the foundation of everything we do, and I extend my deepest gratitude to every team member. From the management team to advocates, attorneys, administrative staff, and Board members, I am honored to work alongside such passionate individuals who continue to inspire change and drive DRWV forward. Susan Given, MSW, LSW, Executive Director Overview Monitoring In FY 2024, DRWV conducted 393 monitorings at 176 state and private facilities and public schools. These monitorings were conducted over twelve major categories including: Intermediate Care Facilities; WV Division of Corrections and Rehabilitation; Children’s Residential Facilities; State and Private Nursing Homes; State and Private Psychiatric Hospitals; Assisted Living Facilities; Specialized Family Care Homes; Forensic Group Homes; IDD Waiver Group Homes; IDD Crisis Sites; Legally Unlicensed Care Homes; and Public Schools. Cases In FY 2024, DRWV opened 1,348 federally funded Service Requests for 980 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 set up our outreach display at thirty-four events, presented a general outreach presentation forty-one times, and provided training during forty-six events (not including voting rights-see below) in FY 2024 . Access to Places and Services Late in FY 2023, the parent of a student with a disability requested DRWVs assistance with getting the local education agency (LEA) to make the playground at his school accessible. DRWV conducted an accessibility study of the school's playground and found it to be inaccessible. DRWV advocated for a ramp, an accessible swing, and an accessible surface to be installed. As the direct result of DRWV’s guidance, the LEA constructed a new ramp, added an accessible swing, and added a surface that meets ADA guidelines. The client and others with mobility limitations are now able to use the playground. Another accessibility study was completed in a Junior/Senior High School due to a complaint. A parent of a student who uses a wheelchair reported concerns about the parking spaces, including signage, restroom access, and use of the platform lift. As a result of DRWV’s intervention, the student received the key to the lift that she was supposed to have. The LEA added a van accessible site to the accessible parking spaces, as required. In addition, the restroom now has self-closing hinges, allowing the client to access the stall. A client with a mobility impairment requested assistance getting a local store to provide an accessible entrance. DRWV conducted an accessibility study of the business, a national chain store that is used for grocery shopping by many local residents. DRWV then sent a letter of complaint to the business's corporate office and communicated with their in-house attorney regarding accessibility concerns with the entrance to the location. As a result, the business's corporate office hired a contractor to replace the entrance door closures and reduced the opening/closing force to five pounds of pressure, which is compliant with ADA regulations. Assistive Technology A grandmother requested assistance with getting the school to continue to allow the client access to his Augmentative and Alternative Communication (AAC) device while at school. DRWV communicated with the Special Education Director and reviewed records and DRWV advocated for the client to use his primary communication tool at school. The school agreed that the client's communication tool will be his AAC device. He will use other tools only as needed for instruction and therapy, but in AAC device. The staff will be trained by the company who designed the AAC device so that they will become more comfortable using it. Education The mother of a student with a disability requested assistance with getting the school to provide visual services in order to provide a free and appropriate public education (FAPE) to the student. DRWV attended an Individualized Education Program (IEP) meeting with the student and mother and advocated for changes to the IEP. DRWV communicated with the WV Department of Education (WVDE) regarding concerns about the school. DRWV initiated training between the WV Schools for the Deaf and Blind and the Local Education Agency (LEA). As a direct result of DRWV’s involvement, the student's restrictions were removed from the IEP, he began receiving additional vision therapy, orientation, and mobility services, he began attending school for full instructional days, and the school he began to attend received training by the WV Schools for the Deaf and Blind. He also received compensatory education and was approved for a 1:1 aide. Another mother of a student with a disability contacted DRWV to help better understand her son's rights to FAPE. After further communication with the mother, DRWV reviewed records, attended meetings, advocated for the student to have a nurse aide, and to have an appropriate changing room in the school. Because of DRWV's advocacy, the student was approved to receive a nurse aide. The school also purchased an appropriate changing table and provided a private room for changes. The student is now able to attend school in person. Employment/Transition Planning A mother of a student with a disability requested any information about any services the client could be eligible to receive in order to prepare him for life after high school. DRWV contacted the WV Division of Rehabilitation Services (WVDRS) to see what services had been provided and what the client may be eligible for in the future. DRWV encouraged the WVDRS counselor to communicate with the client's mother via e-mail when information gets sent home with the client from school to ensure she is receiving it. DRWV also provided the client's mother several websites for guidance concerning questions about transportation, Selective Service, and transitioning from high school to employment. As a result of DRWV’s advocacy, the WVDRS counselor began planning future pre-employment experiences and skills camps and plans to communicate with the client's mother via email when services are being offered in the future. Hospital Discharge Planning/ Least Restrictive Environment In FY 2022, client with a serious mental illness who was known to DRWV and had been in an institution for approximately thirteen years requested assistance with getting discharged from a private psychiatric hospital. DRWV worked for a year and a half with the hospital to ensure appropriate referrals were being made. When the client was denied acceptance to all of the placement options potentially available to her, DRWV worked with the state and the hospital to move through the process for client to access “Special Project” funding. The needed assessments and steps were completed and the state entered into a contract with a service provider to provide 24/7 staffing to her in her own apartment. DRWV urged the hospital to supply information to the service provider regarding strengths, triggers, and effective strategies for ensuring a successful transition, which the hospital did. The hospital also made referrals for appropriate services in the community, such as therapy, medication management, primary care, etc., and provided information to the provider about upcoming appointments which were already scheduled. As a direct result of DRWV’s advocacy efforts, the client was successfully discharged to an apartment in the community with staff to assist her in transitioning and living independently. She began to flourish in this less restrictive residential setting. Individual Rights A client requested representation at a hearing to terminate his guardianship. He was concerned about his appointed attorney. DRWV communicated with the Case Manager and confirmed that the client had a guardianship hearing scheduled and that he had a psychological done. DRWV provided guidance to the client about his concerns and the process. The client also explained the evidence he had prepared. The client reported that he prevailed at hearing and the guardianship was terminated. Medical Treatment A client in a state prison requested assistance with getting appropriate medical care for his kidneys and diabetes while in prison. DRWV provided advocacy related to the client’s appropriate medical care. As a result, the client was seen by a Nephrologist, evaluated for potential kidney transplant, and started on dialysis. PAVA/Voting DRWV assisted 130 clients with registering to vote or updating their voter registration and assisted fifty-four clients with requesting and/or understanding absentee ballots in FY 2024. In FY 2024, DRWV staff conducted full accessibility studies of the external access to 226 polling sites in ten counties in WV. The most common Americans with Disabilities Act (ADA) violations were: lack of van accessible parking spaces and/or adjoining access aisles; parking signage displayed at the improper height or missing altogether; unstable surfaces on access routes; inaccessible door hardware; and ramp slope exceeding ADA standards and did not have a proper railing system. DRWV has or will follow up on each violation per our written process. Advocates revisited ninety-three sites in seven counties to check for progress on making corrections to polling places where violations were found in previous FYs. Some of the sites were visited on Election Day. DRWV conducted voting rights training during monitoring visits at several types of facilities serving individuals with disabilities in FY 2024. At least nine individuals with mental illness and four staff were trained at psychiatric facilities. Seventeen residents and seven staff in Assisted Living Facilities were trained. Thirty-nine residents and twenty-one staff in nursing homes were trained. Eight inmates and two staff were trained in a jail. At least 198 people with IDD, 158 staff and other providers, and four legal guardians were trained during home visits and monitoring at intermediate care facilities for individuals with intellectual disabilities (ICFIID), Specialized Family Care Homes, Waiver group homes, intensively supported settings, family homes, day habilitation sites, and a sheltered workshop. DRWV developed a very proactive and positive relationship with an election staff at one County Clerk's office. This relationship was instrumental in getting individuals in a state psychiatric hospital registered to vote and/or updating their voter registration. It enabled any issues or obstacles to be addressed in a timely manner to ensure that people were able to vote in the primary and general elections. Systems Work A Senior Advocate met with the Clinical Services Director at a state psychiatric hospital and reviewed the Elevatus Curriculum. The Curriculum is an evidence-based and trauma-informed program that is guided by theories and practices that have a history of demonstrating positive results, including: Sexual Script Theory, Self Determination Theory, Social Learning Theory, and Social Impact Theory. The Curriculum fully incorporates disability rights, independent living, and self-advocacy. It was designed to set the standard for sexual education for adults with developmental disabilities and provides opportunities for participants to practice skills that promote self-advocacy, communication, healthy relationships, sexual health, and abuse prevention. The Director indicated that they would be purchasing the product to incorporate the program into group as well as individual therapies at the state psychiatric hospital. DRWV met regularly with the WV Bureau for Medical Services (WVBMS) to discuss individuals on the Medicaid Intellectual/Developmental (IDD) Disability Waiver program who were institutionalized in psychiatric hospitals. These meetings serve to share information about these individuals and plan for discharges back into community settings. The goal is that by increasing communication between the agencies we can address and/or plan for any possible systemic barriers that may impede discharge. Additional meetings were held with the State’s IDD Coordinator to try to enhance services to this population and build transition services into community placements. In February 2024, DRWV followed the progress of House Bills (HB) 5158 and 5262 during the 2024 Legislative Session. These bills both impacted the education of students with disabilities. DRWV’s Legal Director communicated with Legislators including an attorney for the Senate about these bills. The purpose of HB 5158 was mainly to clean up the statutory provisions related to special education. The purpose of HB 5262 was to establish a Teacher Bill of Rights and essentially permitted a teacher to remove students from their class when they alone deem them to be ‘disruptive’. Neither bill passed after DRWV and other stakeholders provided technical assistance and raised concerns about the proposals. DRWV continued to participate in a collaboration with state level entities and other interested parties in regard to discharge planning for inmates with disabilities who have more complex mental health/behavioral issues including dementia, specifically in regard to their release back into the community. These meetings serve to troubleshoot and staff situations involving residents of the WV Division of Corrections and Rehabilitation (WVDCR) facilities. WVDRC’s contract psychiatric service provider as well as the WV Department of Human Services (WVDoHS) are a part of this collaboration. This group meets on a bi-monthly basis and addresses both systemic issues and individual cases that have come to the attention of the group either through WVDCR or Psi Med, the psychiatric service provider. DRWV’s partnership with stakeholders led to increased communication and teamwork. WVDCR and Psi Med regularly reach out to DRWV for assistance with justice involved individuals for whom planning for discharge from a carceral setting is difficult. At times this leads to a case being opened or DRWV providing input as to the least restrictive environment to be considered as a discharge option. Often, a lack of adequate and available home and community-based services led to an individual’s interaction with law enforcement that resulted in incarceration. Working together, this committee pulls in other stakeholders and helping professionals to collectively explore options so that individuals with disabilities who are involved with the criminal justice system receive the services they need to be successful living in the community or to transition to a less restrictive setting. A topic of concern addressed in FY 2024 was how to get those with an IDD evaluated for IDD Waiver while in prison and Psi Med’s potential role in that process. Others attending these meetings include: WVBMS, Bureau for Behavioral Health (BBH), and Adult Protective Services (APS) as well as a forensics expert. D RWV became a member of the Adverse Childhood Experiences (ACEs) Coalition in FY 2024. The Coalition "includes over 400 different organizations and individuals working together to improve the health and well-being of all West Virginians by reducing the impact of ACEs and preventing their occurrence." DRWV participated in one Coalition meeting and one Legislative Task Team meeting in FY 2024. DRWV contributed ideas for ACEs Awareness Day held November 10-12, 2024, during the Legislature’s interim session. This event will invite lawmakers to learn more about ACEs, their impacts, and how adverse experiences can be prevented. DRWV also contributed to planning for Advocacy Day to take place April 1, 2025, at various locations in and around the Capitol Complex. This is an active collaboration and advocacy opportunity for DRWV to help disseminate information to prevent disabilities as well as ameliorate the interplay of ACEs and disability in individuals’ lives. Other Notables DRWV submitted letters of support for: WV application for participation in The Link Center’s Policy Academy WV Department of Transportation’s application for a Planning Grant through the Reconnecting Communities Pilot Program for the 3rd Street Rail Underpass Community Connection Project in St. Albans, WV The WVUCED’s Transition for Youth with Autism in Rural Appalachia Demonstration Project WV REACHback Reentry Navigator program for the Appalachian Regional Commission’s INSPIRE grant DRWV’s Executive Director signed on with NDRN, other P&As, and advocacy groups to the following concerns in FY 2024: Food and Drug Administration’s Proposed Ban on Electrical Stimulation Devices, Docket No. FDA-2023 N-3902 Sec. 722 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2025 Transformation to Competitive Integrated Employment Act (S. 533 / H.R.1263) H.R. 7513, S.3410, H.J Res 139 related to Centers for Medicare & Medicaid Services setting staffing standards for facilities US Census Bureau Standard Operating Procedures pertaining to disability data collection Supporting the 2024 2024 Disability Presidential Candidate Questionnaire Letter to CNN presidential debate include ASL interpreters, essential accessibility features, and a question that addresses the experiences of people with disabilities

2021 NEWS LETTER Disability Rights of West Virginia August The Pandemic and Special Education The American Rescue Plan Act Article by Lori Waller, DRWV Staff Attorney The American Rescue Plan Act The American Rescue Plan Act (ARP) is designed to help the American public recover from the effects of the pandemic created by COVID-19. Part of the money given to States through the ARP is specifically tagged for educational recovery. The federal government gives each State a certain amount of money. In turn, each State must give 90 percent or more of the money given to it for education recovery to local school districts. Local schools can use the money to help in re-opening schools safely, in maintaining the safe operations of schools, and in addressing students’ learning loss, including students’ emotional and social wellbeing. Local schools must use 20 percent or more of the money given to them by the State to address learning loss through the use of evidence-based interventions (using programs that have been shown to work) to respond to the full variety of students’ needs, including social needs, emotional needs, and academic needs. This money also is to be used to deal with the disproportionate impact of COVID-19 on certain student subgroups, including children with disabilities. ARP funds are to be used to address learning loss and for children with disabilities, this learning loss can come in many forms. All children lost classroom instruction time and social time with others due to being forced to go to school virtually. However, children with disabilities also lost other services, given the limitations of transferring those services to virtual delivery and due to social distancing during in person learning. One recommended intervention is tutoring. In providing tutoring to regain losses and move students forward: (1) tutors should be trained educators; (2) tutors should plan and collaborate with classrooms teachers; (3) wherever possible, tutoring should be done during the school day; and (4) tutoring should be done in high dosages each week (three sessions per week, preferably daily sessions). Parents and guardians do not be afraid to ask for tutoring for your child(ren)!! If your child needs tutoring, it is part of their right to a free, appropriate public education (FAPE).

A PARENT'S ADVOCACY GUIDE TO SPECIAL EDUCATION Parent's Advocacy Guide: Version 4.0 - April 2024 3rd Edition Parent's Advocacy Guide (Spanish) Templates for Education Letters

THANK YOU TO OUR GENEROUS SUPPORTERS! Mr. and Mrs. Robert L. Hardesty

2023 NEWS LETTER January Disability Rights of West Virginia Successful Client Resolutions 2022 With the closing out of Fiscal Year 2022, I want to take the opportunity to thank the staff of Disability Rights of West Virginia. We have an amazing team dedicated to working hard every day for people with disabilities in West Virginia. With the easing of COVID 19 restrictions, the staff were eager to provide in person monitoring at many facilities throughout the state, as well as attend in-person meetings. My hat’s off to this amazing team! I want to share some examples of positive outcomes for our clients through our advocacy efforts, as well as some of the other types of work that we did. I hope you enjoy reading the stories as much as we loved getting the results. Susan Given, Executive Director, MSW, LSW Overview In FY 2022, DRWV conducted 327 monitorings of 151 state and private facilities. These monitorings were conducted over eleven major categories including: Assisted Living Facilities; Forensic/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; and an Intellectual/Development Disabilities Waiver Group Home. In FY 2022, DRWV opened 1,050 federally funded Service Requests for 777 clients. DRWV staff set up our outreach display table at ten events in FY 2022. Staff also provided fifty-one outreach presentations and seventeen trainings to various groups throughout the state. Abuse/Neglect/Financial Exploitation The parent of a child requested assistance regarding a restraint incident that occurred at the client's school. DRWV reviewed records, filed a state complaint with the WV Department of Education, and attended Individualized Education Program (IEP) meetings. DRWV advocated for appropriate services and goals to be added to the IEP, including appropriate behavioral interventions. As a result, the client began to receive a Free and Appropriate Public Education (FAPE) in his Least Restrictive Environment (LRE), the teacher resigned her position, and a new teacher was placed in the client's classroom. Accessibility A client requested assistance regarding accessibility to a state university basketball game venue. DRWV found that the university's policy was that a general ticket would be purchased, then if an accessible seat was needed, the guest would have to exchange tickets at the ticket office, subject to availability. There was no guarantee that an exchange would be possible as there are a limited number of seats available. DRWV communicated with the Mid-Atlantic ADA, then provided the university with information on accessible seating policies and procedures. DRWV's staff attorney worked with the university's General Council regarding their accessible seating policy. As a result of DRWV's advocacy, the university updated their online ticketing program. The ticketing software is capable of separating purchases for accessible seats, asking if purchaser or member of party requires this type of accommodation, and allows a notice which is initialed or signed by purchaser saying they understand they are subject to removal if they do not require accessible seating. The university will also post signage notifying fans of the new policy. Security will be trained to enforce the policy of removing individuals who inappropriately use accessible seating. The university also holds back a certain percentage of accessible seating tickets for fans who purchase over the phone or in person. They will adjust that percentage based on demand. This will affect not only the client but all individuals with disabilities who attend the university's sporting events including basketball, football, baseball, etc. Access to Services A transition aged client and his father requested assistance in getting more transition services and job training for post-graduation. He was about to graduate high school and they felt that the school was not providing proper transitions services. The WV Division of Rehabilitation Services (WVDRS) was not yet involved as they had a difficult time getting the client to come in to complete an application. DRWV arranged an interview for the client with WVDRS and attended with him at his request. As a result, WVDRS provided the client with options for future job training and employment. Assistive Technology A client requested DRWV's assistance with getting a CPAP. DRWV communicated with the durable medical equipment (DME) provider, Pulmonologist, and Neurologist. DRWV ensured that the client's physicians provided the DME provider with the needed orders. While working on this case, the client's Neurologist recommended an updated sleep study which found that he required a BiPAP. Due to advocacy provided by DRWV, the client has received the BiPAP as ordered. Education A client who had recently become an adult and had to move requested assistance with getting the high school in her previous county of residence to take her back or to get enrolled in the high school in her current county. Both counties appeared to be discouraging her from finishing school. DRWV communicated with the Special Education Directors of the client's previous and current school districts and advocated for the client to be enrolled in high school to complete the credits she needs to graduate with the senior class. As a result of DRWV’s advocacy, the client was enrolled in high school in her new county and graduated with her senior class in May 2022. In July 2022, DRWV submitted comments to the WV Department of Education as they were planning to make changes to Policy 2419, the Special Education policy for WV. DRWV suggested several modifications to the existing language as well as comments on proposed changes. A Social Security benefits recipient requested assistance regarding allegations of employment discrimination. DRWV spoke with the client and employer to determine his current employment status. DRWV assisted the client with obtaining necessary medical information regarding his ability to perform essential job functions with reasonable accommodations. DRWV was able to assist the client in meeting with his employer to discuss returning to work with appropriate accommodations in place. As a result, the client was able to return to his previous employment with appropriate reasonable accommodations in place. Employment Systems Work Due to education provided by DRWV, the State Treasurer’s Office proposed a bill at a special session of the legislature to expand the definition of legal representative to include representative payees. The bill passed unanimously in October 2021. After the law went into effect, DRWV worked with the WVABLE Savings Program Director to identify entities to provide outreach and education regarding the changes in the law. As a result, many individuals who otherwise would not have had access to ABLE accounts now have open accounts. DRWV submitted comments to the WV Bureau for Medical Services (BMS) related to the Statewide Transition Plan for the Title XIX Medicaid Waiver including: Aged and Disabled Waiver (ADW); Intellectual/Developmental Disabilities Waiver; and Traumatic Brain Injury Waiver. We expressed concerns about the conflict-of-interest standards and home and community-based service requirements. In addition, we advised that the document that BMS put out for public comment was not presented in a manner that the public could easily follow. A client requested assistance regarding her service animal being denied access to a business. DRWV educated the owner of the business on service animal access, different types of service animal functions, and handler rights and responsibilities. Due to advocacy provided by DRWV, the business owner now has a greater knowledge of service animal access rights. He agreed to train his employees on service animal access. Due to DRWV’s Advocacy under the Medley Hartley Advocacy Program (MHAP) a Medley Class Member who had been in a nursing home for years was able to move back into the community with assistance from the Take Me Home program. He is now living happily with his wife. Rights Restrictions/Violations Voting DRWV assisted two clients in registering to vote, one client in updating their voter registration, and one client with requesting an absentee ballot in FY 2022. In FY 2022, DRWV staff conducted accessibility studies of the external access to eighty-nine polling sites in five counties in WV. A detailed process was also put in place to guide these studies and act once they were completed. Plans of correction were agreed upon by some of the counties. Several DRWV staff attended a County Commission meeting in one of the counties that was surveyed in hopes of addressing several accessibility issues. DRWV's legal team intervened in this as well. Client Comments Why we do what we do "We sincerely thank you for you participation in the Jackson/Roane County's Transition Event. Many of the students listed "Disability Rights" as a session that they enjoyed and learned from. In providing an informational event to these students as they begin their transition into adulthood, they were able to make a greater connection with our community and with the services and supports that are offered. You have helped us succeed in our mission of increasing awareness of after high school employment/career options and available community supports. On behalf of the Transition Committee of Jackson County, thank you." "Thank you so much for your hard work and dedication. We are in a very difficult situation and any and all input was very much appreciated."

ON VOTING DAY Answers to Your Questions When are the polls open? On election day, the polls will be open from 6:30 AM to 7:30 PM. Is there another day I can vote? Yes, you may take advantage of Early Voting. Any registered voter may vote at their County Clerk’s office 13 days before the election and ending the 3rd day before the election. Some counties offer additional Early Voting locations. Early Voting is available on weekdays during regular business hours and on Saturdays from 9AM to 5PM.Please call your County Clerk’s office to find out additional locations and hours for Early Voting. Where do I vote? You must vote at your polling place. This place is determined by your physical address that you put on your registration form. To find out where your polling place is: Call your County Clerk’s office, or Visit this website: https://apps.sos.wv.gov/elections/voter/ What do I need to bring? If you registered by mail, and did not provide a copy with your registration form, you will need to bring: A copy of a current & valid photo ID, or A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows your name and current residence address. Even if you registered in person or provided the necessary documentation with your registration form, it is a good idea to bring the above identification with you. What happens if I do not bring the required documentation, my name is not on the voting list, or I am in the wrong precinct? Request a provisional ballot. What is a provisional ballot? A provisional ballot is used when a voter’s eligibility cannot be determined at the polling place. The vote cast on a provisional ballot will not be considered until canvass and the voter’s eligibility can be determined. The status of a provisional ballot can be checked online at: https://apps.sos.wv.gov/elections/voter/ What if I cannot get to my polling place or my County Clerk’s office to vote due to a medical condition or a disability? Then you can request an absentee ballot. How do I find out what kind of voting system my county uses? You may call your County Clerk’s office, or Visit this website, which details what voting systems each county of West Virginia uses: http://www.sos.wv.gov/elections/ Instructions on the use of the electronic voting systems used in West Virginia can be found at this website: http://www.sos.wv.gov/elections/ Is there anything else that can make voting easier? Please call your County Clerk’s office to verify that you are registered before election day. Ask for accommodations (assistance with voting, accessible voting machine, etc.) when you sign in. Also, be sure that you know where your polling place is.

ABSENTEE BALLOTS Answers to Your Questions What if I cannot get to my polling place or my County Clerk’s office to vote due to a medical condition or a disability? If you are unable to get to the polling place or your County Clerk’s office to vote early, then you can request an absentee ballot. What is an 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. You must apply for an absentee ballot. You must specify the address in the county where you are a resident, plus an address where you are going to receive your absentee ballot. If the reason you are applying for an absentee ballot is due to an injury or disability, then the address where the ballot will be sent may be in the same county. However, if it for another reason, then the address must be outside the county. Where do I get the application? You may get a copy from your County Clerk’s office, or Download a copy from the website: http://www.sos.wv.gov/elections/ When must the application be completed? Absentee voting requests can be made 84 days before the election. The application for an absentee ballot may be faxed to the County Clerk’s office.The County Clerk’s office will mail you the absentee ballot within one business day of its receipt of a valid application. When must I complete my absentee ballot? Hand-delivered ballots must be received by the day before the election.Mailed ballots should be postmarked by Election Day and received by the start of canvass (five days after the election, excluding Sundays). Your County Clerk will begin mailing ballots the 46th day before the election. Once you receive your absentee ballot from your County Clerk, vote and return it soon as possible. Will I have to apply for an absentee ballot every election? Yes, you must apply for an absentee ballot every election; however, if you are permanently disabled, you may apply to be put on the permanent absentee voters list. To apply to be put on the permanent absentee voters list, a doctor’s statement must be sent in with the application. Please call your County Clerk’s office for more information. Is there a way to vote if an emergency causes me to be hospitalized or placed in a nursing facility and it was too late to apply for an absentee ballot? Yes, if you are unexpectedly hospitalized or placed in a nursing home 7 or less days before the election, you may request an emergency absentee ballot. The facility must be within the county where you are registered to vote. The County Clerk may elect to extend this to adjacent counties. Please call your County Clerk to request an emergency absentee ballot.

SELF-ADVOCACY RESOURCES To look for resources, choose a resource category from the list below. This will take you to a page with links related to that topic. Resource Categories ABLE Accessibility Americans with Disabilities Act (ADA) Assistive Technology (AT) Autism Blindness/Visual Impairment Children and Families (not Education) Criminal/Juvenile Justice Deafness/Hard of Hearing Disaster Preparedness and Response Education - Bullying/Harassment Education - Discipline Education - Homeschooling Education - Laws and Policies Education - Learning Disabilities Education - Miscellaneous Education Education - Organizations Education - Section 504 Employment - Accommodations Employment - Discrimination Complaints Employment - Employer Information Employment - Employment Rights Employment - Federal Agencies Employment - Finding Employment Employment - Healthcare/Work Incentives Employment - Job Training Programs Employment - Miscellaneous Employment Healthcare - Children Healthcare - Complaints Healthcare - Dental Healthcare - Insurance/Medicaid/Medicare Healthcare - Miscellaneous Healthcare Healthcare - Prescriptions Housing/Homelessness Independent Living Intellectual/Developmental Disabilities Legal Referral Resources and Legal Information Mental Health Miscellaneous Resources Older Adults People First Service and Emotional Support Animals Substance Abuse Supported Decision Making Transition - School to Work/Adult Life Transportation and Travel Traumatic Brain Injury (TBI) Veterans - Benefits Veterans - Employment Voting

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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.

ABLE ABLE National Resource Center The ABLE National Resource Center (ANRC) is a collaborative whose supporters share the goal of accelerating the design and availability of ABLE accounts for the benefit of individuals with disabilities and their families. We bring together the investment, support and resources of the country’s largest and most influential national disability organizations. WVABLE The West Virginia State Treasurer’s Office administers WVABLE, a program designed to give people with disabilities more independence and financial security. This page is a direct link to create or log in to an account.