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.

Protection and Advocacy for Traumatic Brain Injury (PATBI) PATBI was created in 2002 to expand advocacy services for individuals with traumatic brain injuries and to expand the service delivery system for this group of individuals. Eligibility Criteria A PATBI Client must have a TBI that limits a major life activity. Funding Source U.S. Department of Health and Human Services, Health Resources and Services Administration PATBI Publications

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.

How Retailers Can Cater to Customers with Disabilities Creating an Inclusive Shopping Experience How Retailers Can Cater to Customers with Disabilities By: Ed Carter February 2025 Accessibility in retail isn’t just about compliance—it’s about creating a welcoming environment for all customers. Individuals with disabilities often face barriers that can make shopping difficult, from narrow aisles to untrained staff. By prioritizing accessibility and inclusivity, retailers can not only expand their customer base but also foster goodwill and loyalty. Whether in brick-and-mortar stores or online platforms, businesses have countless opportunities to enhance the shopping experience for individuals with disabilities. Here’s how retailers can take meaningful steps toward true accessibility. Redesigning Store Layouts for Mobility & Navigation For many individuals with mobility impairments, navigating a store can be frustrating if aisles are too narrow or cluttered with merchandise. A well-thought-out store layout ensures that everyone, including wheelchair users and those with walkers or service animals, can move comfortably. Wide, obstruction-free pathways allow for easy access to products and fitting rooms. Adding clear signage with high-contrast text and braille can further assist customers with visual impairments. When retailers design spaces with accessibility in mind, they create an environment that is both welcoming and functional. Training Staff to Provide Thoughtful Assistance A store can have all the physical accessibility features in place, but without well-trained staff, the experience may still fall short. Employees should be trained in disability etiquette , including how to offer assistance without assuming a person’s needs. Understanding how to communicate with customers who have hearing or speech impairments, as well as knowing when and how to provide accommodations, fosters a respectful shopping experience. Providing training on how to operate accessibility features, such as mobile checkout devices or in-store wheelchairs, further ensures that staff can meet the needs of every shopper . Implementing Adaptive Checkout Solutions The checkout process is often an overlooked area of accessibility , yet it plays a crucial role in a shopper’s experience. For customers with disabilities, long lines, high counters, or inaccessible card readers can be major obstacles. Lowered checkout stations, self-checkout kiosks with speech output, and mobile payment options can make transactions more accessible. Retailers can also provide seating in checkout areas for those who need to rest while waiting. By offering multiple checkout options, stores empower all customers to complete their purchases with ease. Enhancing Digital Accessibility for Online Shoppers Designing an accessible website means creating a digital space that everyone, including individuals with disabilities, can navigate with ease. One essential step is ensuring full keyboard navigation, allowing users who rely on assistive technologies to browse without a mouse. Adding descriptive alt text to images benefits visually impaired users by enabling screen readers to convey important visual information. Enhancing color contrast between text and backgrounds improves readability for those with low vision, making content clearer and more distinguishable. Providing Sensory-Friendly Shopping Options Customers with sensory sensitivities, such as those with autism or PTSD, often find shopping in crowded, noisy environments overwhelming. Retailers can implement sensory-friendly hours, during which stores lower music volume, dim harsh lighting, and reduce loud announcements. Creating designated quiet zones can also provide a space for shoppers to take a break if needed. Thoughtful adjustments like these demonstrate an understanding of the diverse needs of customers and help make shopping more comfortable for everyone . Offering Personalized Assistance and Inclusive Technology Personalized shopping services, such as appointment-based assistance or guided shopping experiences , can greatly enhance accessibility. Retailers can offer in-store assistants who help customers locate items, read product labels, or carry shopping baskets. Additionally, the integration of assistive technology, such as AI-powered chatbots for customer inquiries or smart mirrors with voice commands, can provide further support. Investing in innovative solutions ensures that individuals with disabilities receive the same level of service as any other customer . Encouraging Customer Feedback and Continuous Improvement Accessibility should never be a one-time initiative—it requires ongoing assessment and adaptation. Retailers should actively seek feedback from customers with disabilities to understand what’s working and what needs improvement. This can be done through surveys, in-store suggestion boxes, or social media engagement. Partnering with disability advocacy groups can also provide valuable insights into best practices. By maintaining an open dialogue, businesses can evolve their accessibility efforts and create an environment that truly serves all shoppers . Retailers who prioritize accessibility aren’t just complying with regulations—they’re making a commitment to inclusivity and customer satisfaction. From physical store design to an accessible website, every touchpoint in the shopping journey should consider the needs of individuals with disabilities. An inclusive shopping experience benefits not only individuals with disabilities but also their families, caregivers, and the broader community. When retailers remove barriers, they open doors to a more welcoming and equitable shopping experience for everyone. Discover how you can make a difference with Disability Rights of West Virginia by supporting their mission to remove barriers and promote equality for people with disabilities across the state.

SERVICE AND EMOTIONAL SUPPORT ANIMALS ADA National Network Service Animal Resources Includes FAQs about service animals and the ADA. ADA Requirements: Service Animals This publication provides guidance on the term “service animal” and the service animal provisions in the US Department of Justice regulations. Americans with Disabilities Act Title II and Title III Revised Regulations Fact Sheet Series – Service Animals The Department of Justice has issued revised ADA Title II (state and local government programs) and Title III (private businesses, a.k.a. places of public accommodation) regulations which took effect March 15, 2011. These regulations revise the definition of service animal and add additional provisions. Fair Housing Information Sheet # 6: Right To Emotional Support Animals In "No Pet" Housing A fact sheet from the Judge David L. Bazelon Center for Mental Health Law. Frequently Asked Questions about Service Animals and the ADA A publication from the US Department of Justice Civil Rights Division Disability Rights Section. Guide Dog Users Inc., (GDUI) "The leading consumer-driven organization of guide dog handlers in the world. GDUI is an affiliate of the American Council of the Blind (ACB) and is a founding member of the Coalition of Assistance Dog Organizations (CADO)." Guide Dogs for the Blind Offer guide dogs and training free-of-charge to blind and visually impaired people throughout the US and Canada. Paws With a Cause Paws With A Cause enhances the independence and quality of life for people with disabilities nationally through custom-trained Assistance Dogs. PAWS increases awareness of the rights and roles of Assistance Dog Teams through education and advocacy. Pet Partners (formerly the Delta Society) Improving lives through positive human-animal interactions. Pets in Condos: New HUD Rules Regarding Training Emotional Support Animals New HUD rules strike down Emotional Support Animal (ESA) training provisions. Service Animal Resource Hub The topic of service animals is complex. We’ve created this page to help provide some clarity. It is broken up into nine different sections addressing specific issues related to service animals. Service Animals and Emotional Support Animals: Where are they allowed and under what conditions? This guide provides an overview of how major federal civil rights govern the rights of a person requiring a service animal. Service Animals & the Americans with Disabilities Act (ADA) Infographic outlining the differences between service and emotional support animal, what a service animal can/cannot do, and what people can/cannot ask with regards to a service animal. Service Dog Central A community of service dog partners and trainers working together to bring you our combined knowledge about service dogs. Our goal is to bring you the latest, most accurate, most useful information about service dogs available anywhere. U.S. Department of Housing and Urban Development (HUD) April 2013 Notice Related to Housing and Service Animals April 2013 notice pertaining to service animals and assistance animals for people with disabilities in housing and HUD-funded programs. U.S. Department of Transportation Nondiscrimination on the Basis of Disability in Air Travel Information from the U.S. Department of Transportation about air travel. This includes a form for making complaints about disability related discrimination under the Air Carrier Access Act of 1986 You and Your Service Animal – from the West Virginia Assistive Technology System (WVATS) This information was adapted by WVATS from the Department of Justice and other sources to provide an easy reference to service animal information. - See more at: http://www.wvats.cedwvu.org/service-animals/#sthash.bphecILD.dpuf

2024 DRWV ADVOCACY IN MOTION 11/27/24 - West Virginia Watch West Virginia solicits company to manage its contract nurses, won’t answer questions. Since 2015, the state has spent $284 million on contract positions in state-run facilities, including long-term and psychiatric care. https://westvirginiawatch.com/2024/11/27/west-virginia-solicits-company-to-manage-its-contract-nurses-wont-answer-questions/ 10/10/24 - West Virginia Public Broadcasting Watchdog Agency Announces Plan To Sue State Secretary Of Health Facilities. Disability Rights of West Virginia (DRWV) sent a notice of claim Monday to members of the media and state officials, alleging that Michael Caruso, secretary of the Department of Health Facilities (DHF) is failing to protect the rights of patients served by state health care facilities. Michael Folio, the legal director of DRWV, alleged that the quality of care at these facilities is suffering because mandatory reporters are not sufficiently reporting instances of suspected abuse. Under state law, a mandatory reporter is a person legally required to report suspected abuse or neglect of vulnerable populations, including children, the elderly and people with disabilities. https://wvpublic.org/watchdog-agency-announces-plan-to-sue-state-secretary-of-health-facilities/ 7/3/24 - WCHS Eyewitness News Delegate suggests surplus could be used to build new Mildred Mitchell-Bateman Hospital. Michael Folio, legal director for Disability Rights of West Virginia, worries that this potential allocation would be misguided. For years, he has called on the state to do something about the "warehousing" of patients in state facilities who could be better served in the community on waiver and community-based programs and save the taxpayers money. https://wchstv.com/newsletter-daily/delegate-suggests-surplus-could-be-used-to-build-new-mildred-mitchell-bateman-hospital 6/13/24 - NBC News A foster care system in crisis: West Virginia faces a legal reckoning West Virginia faces a legal reckoning. A sweeping class-action lawsuit accusing the state of failing to protect its foster children appears set to go to trial in the fall. The federal suit could force dramatic changes in how the system is run. https://www.nbcnews.com/news/us-news/foster-care-system-crisis-west-virginia-faces-legal-reckoning-rcna147227 5/31/24 - Hoppy Kercheval on X Breaking: Sources say Justice Admin is planning for a press conference late next week, possibly Thursday, to release details of its investigation into how State Police and CPS handled the case of a 14-year-old Boone County girl who eventually died and was found in skeletal state. https://x.com/HoppyKercheval/status/1796519894093086960 5/29/24 - WOWK 13 News A high-ranking member of West Virginia’s foster care system has resigned, and it’s raising concerns about the agency. Pamela Woodman-Kaehler resigned her position as foster care ombudsman in West Virginia, a position she has held since 2019, when the job was first created. “She was a champion for children. Sadly however, the leadership of the agency did not give her the support necessary so that she could actually thrive in her position,” said Mike Folio, Legal Director for Disability Rights of West Virginia. https://www.wowktv.com/news/west-virginia/after-resignation-there-are-more-concerns-over-west-virginia-foster-care/ 5/28/24 - Metro News The ombudsman for West Virginia’s overloaded foster care system has resigned, according to the state Department of Health. Pamela Woodman-Kaehler’s resignation will take effect June 6. The resignation of Pamela Woodman-Kaehler is a sad chapter in DHHR’s and DoHS’ failed history to protect vulnerable children,” said Mike Folio, legal director for Disability Rights West Virginia. https://wvmetronews.com/2024/05/28/first-ombudsman-for-west-virginias-pressured-foster-care-system-has-resigned/ 5/28/24 - WSAZ News Channel 3 W.Va. Department of Health official announces resignation. Michael Folio, legal director for Disability Rights of West Virginia, released the following statement: “The resignation of Pamela Woodman-Kaehler is a sad chapter in DHHR’s and DoHS’ failed history to protect vulnerable children. Sworn testimony exists that shows former DHHR Sec. Bill Crouch and current DoHS Deputy Secretary Cammie Chapman have meddled in the Foster Care Ombudsman’s affairs, directed her to conceal information from the Legislature, and withheld information from her that would have enabled her to conduct investigations to protect the state’s vulnerable children. Pam is a champion for children and her resignation is a sad chapter in the state’s failure to safeguard children.” https://www.wsaz.com/2024/05/28/wva-department-health-official-announces-resignation/ 5/28/24 - West Virginia Public Broadcasting Disability Rights West Virginia (DRWV) has filed a lawsuit on behalf of an adult male, referred to as J.P., with developmental disabilities that says he has been physically abused and wrongfully held at William R. Sharpe Hospital for more than 570 days . https://wvpublic.org/man-held-at-sharpe-hospital-sues-state-officials/ 5/24/24 - WCHS TV 8 Eyewitness News There are new developments in the death of a Boone County teenager as a notice of a lawsuit was filed Thursday. Disability Rights WV legal director Mike Folio filed a notice of suit and cease and desist against West Virginia Gov. Jim Justice and Department of Human Services Cabinet Secretary Cynthia Persily in the death of 14-year-old Kyneddi Miller. "It's reached the point where there is level of deception, a level of concealment and no one is focused on the young girl who died," Folio said. https://wchstv.com/news/local/disability-rights-wv-demands-transparency-in-kyneddi-millers-case-sent-cease-desist 5/23/24 - WOWK 13 News Disability Rights of WV plan to sue Gov. Jim Justice, Attorney General Patrick Morrisey, the Department of Human Services and its secretary, Cynthia Persily over the alleged concealment of documents relating to the death of a Boone County child. They allege the governor’s office and the Department of Human Services have held documents about child abuse cases, investigations and findings that are federally mandated to be publicly disclosed to “evade accountability.” https://www.wowktv.com/news/local/advocacy-group-planning-to-sue-gov-justice-morrisey-over-boone-county-childs-death/ 5/23/24 - WSAZ News Channel 3 An advocacy system has put West Virginia officials on notice as it considers a potential lawsuit alleging state officials have violated state law in refusing to disclose records pertaining to the alleged child neglect death of Kyneddi Miller, 14, of Boone County. Disability Rights of West Virginia says it sent the notice Thursday to Gov. Jim Justice, Department of Human Services Secretary Cynthia Persily and Attorney General Patrick Morrisey. https://www.wsaz.com/2024/05/23/advocacy-group-threatens-sue-wva-amid-wsaz-investigation/ 5/13/24 - West Virginia Watch Patient sues Sharpe Hospital, says he was wrongfully held there for more than 570 days and abused. https://westvirginiawatch.com/2024/05/13/patient-sues-sharpe-hospital-says-he-was-wrongfully-held-there-for-more-than-570-days-and-abused/ 5/9/24 - 12WBOY Disability Rights of West Virginia (DRWV) has filed a civil complaint against Sharpe Hospital, its administrators, the Secretary of the West Virginia Department of Health Facilities and the Secretary of the West Virginia Department of Human Services. The suit, claims that an adult male with a developmental disability was illegally discharged from a group home in Wood County, unlawfully committed to Sharpe Hospital in Lewis County and has been “battered and physically abused.” https://www.wboy.com/news/lewis/lawsuit-claims-patient-at-sharpe-hospital-was-unlawfully-committed-abused/ 4/16/24 - 12WBOY West Virginia disability rights advocates protest cuts in state budget. On Sunday, advocates and families of people with intellectual disabilities rallied at the state capital in Charleston to protest a 10% budget cut to the Intellectual and Developmental Disabilities (IDD) Waiver . The IDD Waiver provides financial aid to help families pay for at-home or community-based care for their loved ones with intellectual disabilities instead of having them committed to a state psychiatric hospital. Disability Rights of West Virginia’s Legal Director Michael Folio has called the waiver “a lifeline.” https://www.wboy.com/news/west-virginia/west-virginia-disability-rights-advocates-protest-cuts-in-state-budget/ 4/16/24 - West Virginia Watch Lawmakers say Justice admin canceled meeting to discuss man’s gruesome death in state hospital. ‘This is a cover up. Plain and simple,’ said Mike Folio, legal director for Disability Rights West Virginia, who was scheduled to speak with lawmakers . https://westvirginiawatch.com/2024/04/16/lawmakers-say-justice-admin-canceled-meeting-to-discuss-mans-gruesome-death-in-state-hospital/ 4/3/24 - West Virginia Public Broadcasting W.Va. Grapples With IDD Waiver Program In the final hours of the 2024 regular legislative session, lawmakers passed a budget that cut funding for IDD waivers. “They failed to do the required financial analysis to determine the impact of cutting the IDD waiver budget,” Folio said. “We have hundreds of thousands of people in West Virginia that are going to be affected — can you imagine, can you imagine the good work that we did and now we could possibly hurt those folks?” Justice said. https://wvpublic.org/w-va-grapples-with-idd-waiver-program/ 3/20/24 - People Magazine Elderly Non-Verbal Patient Died After Reportedly Being Left in 134-Degree Whirlpool at Care Facility. Four people were reportedly fired in connection with the Jan. 4 incident at Hopemont Hospital in Terra Alta, West Virginia https://www.wowktv.com/news/west-virginia/advocates-families-want-to-see-more-funding-towards-idd-program-following-11-million-cut/ 3/18/24 - West Virginia Watch ‘His skin melted off’ — Elderly man in state care dies after being left in scalding water. Three contract nurses at a state-run hospital were fired after the patient’s death. The incident has raised more concerns about how the state health department vets staff who care for vulnerable individuals. https://westvirginiawatch.com/2024/03/18/his-skin-melted-off-elderly-man-in-state-care-dies-after-being-left-in-scalding-water/ 3/14/24 - WOWK 13 News Advocates, families want to see more funding towards IDD program following $11 million cut. https://www.wowktv.com/news/west-virginia/advocates-families-want-to-see-more-funding-towards-idd-program-following-11-million-cut/ 1/24/24 - Mountain State Spotlight People with disabilities are stuck at state hospitals. Lawmakers and patient advocates disagree on where they should go next. https://mountainstatespotlight.org/2024/01/24/idd-transitional-facilities-bill/ 1/24/24 - West Virginia Watch House committee passes controversial plan to build facility for patients with disabilities. Citing “no real solutions,” House lawmakers are moving forward with a plan to build a new facility for people with intellectual and developmental disabilities. The proposal has been met with sharp criticism from those who advocate for and serve patients with disabilities; they say the bill will further trap individuals in institutions without proper support. https://westvirginiawatch.com/2024/01/24/house-narrowly-passes-controversial-plan-to-build-facility-for-patients-with-disabilities/ 1/19/24 - West Virginia Watch Teachers need student discipline support. State lawmakers will try to address a complicated issue. School discipline issues have spiked post pandemic, and West Virginia is one of several states that have already enacted stricter punishments for disruptive students. Lawmakers said they’ll be doing much more to address student discipline issues, mostly focusing on protecting teachers and bolstering their ability to remove disruptive students. There’s already legislation that expands last year’s discipline bill into elementary schools. Holly Sheldon, a senior advocate with Disability Rights West Virginia, said schools are already failing to follow students’ IEP and behavior intervention plans, resulting in students being unfairly disciplined. “Children with a disability require assessments and services and not discipline, classroom removal or expulsion. Schools cannot discipline the disability out of a student,” she said. https://westvirginiawatch.com/2024/01/19/teachers-need-student-discipline-support-state-lawmakers-will-try-to-address-a-complicated-issue/ 1/18/24 - West Virginia Watch What are we waiting for? Legislators, our child welfare system needs immediate action. Do you remember the old Dutch tale about a boy who stuck his finger in a leaking dike to save his country from a great flood? It’s a story about courage and conviction in taking action to prevent the devastation of immediate danger. We are at a similar juncture with the plight of West Virginia’s child welfare system — and ours is no tale. https://westvirginiawatch.com/2024/01/18/what-are-we-waiting-for-legislators-our-child-welfare-system-needs-immediate-action/ 1 /17/24 - West Virginia Watch Judge considers ‘proper sanctions’ against state health department over deleted foster care emails. ‘You guys really didn’t do that much to protect it,’ a federal judge told health department attorneys and leaders on Wednesday. https://westvirginiawatch.com/2024/01/17/judge-considers-proper-sanctions-against-state-health-department-over-deleted-foster-care-emails/ 1/16/24 - West Virginia Public Broadcasting Attorneys Seek Sanctions In Delayed Lawsuit Against DHHR. Attorneys say they have new evidence that shows the now split West Virginia Department of Health and Human Resources (DHHR) purposely deleted emails related to a class action lawsuit. Plaintiffs in the suit, A Better Childhood, a New York-based nonprofit, along with Shafer and Shafer and Disability Rights West Virginia, recently asked for sanctions in the case due to lack of evidence retention from the defendants. https://wvpublic.org/attorneys-seek-sanctions-in-delayed-lawsuit-against-dhhr/ 1/10/24 - West Virginia Watch Isn’t it time for the West Virginia Legislature to face the truth about Sharpe Hospital? During the 2023 legislative session, the West Virginia Legislature enacted House Bill 2006 that split the Department of He alth and Human Resources into three agencies amid criticism of mismanagement, nonfeasance and retaliation. The bill required DHHR to create a “long-term sustainability plan for each state health facility” by Dec. 1, 2023. The deadline has passed and DHHR has presented no formal plan to sustain the state’s seven health care facilities — one acute, four long-term care and two psychiatric facilities. https://westvirginiawatch.com/2024/01/10/isnt-it-time-for-the-west-virginia-legislature-to-face-the-truth-about-sharpe-hospital/?emci=7da18419-1eaf-ee11-bea1-0022482237da&emdi=c711fdc3-afaf-ee11-bea1-0022482237da&ceid=113465 1/9/24 - West Virginia Watch Older foster kids are turning up in mental hospitals because the state has nowhere to put them. “I think [the state] failed him. And, they’ve failed me,” a mother said. https://westvirginiawatch.com/2024/01/09/older-foster-kids-are-turning-up-in-mental-hospitals-because-the-state-has-nowhere-to-put-them/ 1/2/24 - West Virginia Watch State health department’s top attorney retires amid ties to deleted foster care email scandal. The department is facing sanctions over missing emails from former officials in an ongoing lawsuit about the treatment of foster kids. https://westvirginiawatch.com/2024/01/02/state-health-departments-top-attorney-retires-amid-ties-to-deleted-foster-care-email-scandal/