Protection and Advocacy for Assistive Technology (PAAT) PAAT was created in 1994 when Congress expanded the Technology-Related Assistance for Individuals with disabilities Act (Tech Act). This program was formed to help individuals with disabilities obtain assistive technology devices and services. Eligibility Criteria A PAAT client must need assistance accessing Assistive Technology Services or Devices. Funding Source U.S. Department of Education, Rehabilitation Services Administration PAAT Publications PAAT Brochure

Read the Article As the federally mandated protection and advocacy system for people with disabilities in West Virginia, Disability Rights of West Virginia (DRWV) is requesting input for our fiscal year 2025 priorities and objectives. The purpose of this input is to learn what issues are important to people with disabilities in WV. Input will be collected from: May 1, 2025 - June 12, 2025 Help us to help you by taking a few minutes to complete our survey! Go to Survey

Requirements/Qualifications: Disability Rights of West Virginia (DRWV), the federally mandated protection and advocacy system for persons with disabilities, is seeking a litigation staff attorney. Candidate must have experience in electronic discovery, motion practice, and taking depositions and an interest in complex litigation. Litigation will involve class actions, torts, Olmstead, abuse & neglect, the Americans with Disabilities Act, and other state and federal regulations concerning disability rights in federal and state courts. Position requires compassion for persons with a disability and a commitment to prosecute challenging cases. DRWV is looking for a self-starter who wants to be part of DRWV’s expanding litigation team. DRWV is an Equal Employment Opportunity employer. Excellent benefit package. Salary range depending on qualifications and experience. This position will be open until filled. Work Schedule: Full Time Monday to Friday 8 hour shift Weekends and overtime as needed Work Location: Hybrid remote in Charleston, WV 25313 Salary Range: $65,000.00 - $110,062.00 per year based on qualifications and experience. Benefits: Dental insurance Flexible spending account Health insurance Health savings account Life insurance Paid time off Retirement plan Vision insurance To apply: Please submit a resume and cover letter with your salary expectation. File upload Upload files here Submit

DISABILITY RIGHTS HISTORY IN WEST VIRGINIA 1973 Passage of the Rehabilitation Act of 1973 marks the first big achievement of the disability rights movement. The Act, particularly Title V and Section 504, for the first time confronts discrimination against people with disabilities. Section 504 prohibits programs receiving federal funds from discriminating against “otherwise qualified handicapped” individuals. Litigation arising out of Section 504 will generate such central disability rights concepts as “reasonable modification, reasonable accommodation, and undue burden”, forming the framework for subsequent federal law, including the Americans with Disabilities Act of 1990. 1975 U.S. Congress passes the Developmental Disabilities Assistance Bill of Rights (DD) Act. The DD Act provided federal funds to programs serving people with developmental disabilities and outlining a series of rights for those who are institutionalized. The Education for All Handicapped Children Act (Public Law 94-142) is passed. This act established the right of children with disabilities to a public school education in an integrated environment. The act is a cornerstone of federal disability rights legislation. In the next two decades, millions of disabled children will be educated under its provisions, radically changing the lives of people in the disability community. A U.S. Supreme Court decision (O’Connor v. Donaldson) ruled that people cannot be institutionalized against their will in a psychiatric hospital unless they are determined to be a threat to themselves or to others. 1976 Passage of an amendment to Higher Education Act of 1972 provides services to physically disabled students entering college. 1977 The Protection and Advocacy for Persons with Developmental Disabilities (PADD) program was established in West Virginia. West Virginia Advocates, Inc. (WVA), a private non-profit agency incorporated in 1977 as West Virginia Advocates for the Developmentally Disabled (WVADD), was designated by then Governor Jay Rockefeller as West Virginia’s arm of the federally mandated protection and advocacy system. The PADD program insured that individuals (adults and children) with developmental disabilities are afforded appropriate services in accordance with their individual needs. 1978 The Medley Class Action Suit was filed. Title VII of the Rehabilitation Act Amendments of 1978 established the first federal funding for independent living and created the National Council of the Handicapped under the U.S. Department of Education. 1979 The U.S. Supreme Court ruled that, under Section 504 of the Rehabilitation Act of 1973, programs receiving federal funds must make “reasonable modifications” to enable the participation of otherwise qualified disabled individuals. This decision is the Court’s first ruling on Section 504, and established reasonable modification as an important principle in disability rights law. 1980 Congress passed the Civil Rights of Institutionalized Persons Act, authorizing the U.S. Justice Department to file civil suits on behalf of residents of institutions whose rights are being violated. 1981 The Medley Consent Decree was signed, and began changing the conditions in all of West Virginia’s institutions, closing several. The Medley Decree mandated that assessments be made and that individualized services be delivered in the “least restrictive environment”. The Order meant that the WV Departments of Health and Human Resources, the WV Department of Education and the WV Division of Rehabilitation Services had to develop and coordinate specific community-based services for individuals with developmental disabilities who were school-aged and lived in institutions for more than 30 days. The Hartley Class Action Suit was filed. 1983 The Hartley plan was implemented. The Hartley program helped persons with developmental disabilities get services from behavioral health centers so they can live in their communities. The Hartley Plan ordered even more sweeping reforms of the behavioral health system. 1984 Governor Jay Rockefeller designated WVA to administer the Client Assistance Program (CAP). The CAP Program was formed to help individuals who have applied for or are getting services from the West Virginia Division of Rehabilitation Services (WVDRS), a Center for Independent Living, supported employment programs, and other programs funded under the federal Rehabilitation Act. Colin Anderson Center’s Ward Building closed. Colin Anderson Center’s Big Boys Ward. This photo illustrates many beds in close proximity. 1985 More Medley class members now in the community than in facilities. 1986 The Protection and Advocacy for Mentally Ill Individuals Act is passed, setting up protection and advocacy agencies for people who are in-patients or residents of mental health facilities. WVADD was designated as the Protection and Advocacy for Individuals with Mental Illness (PAIMI). PAIMI was formed to help individuals with mental illness and to carry out abuse and neglect investigations on their behalf. WVADD contracted with the Mental Health Association to provide PAIMI program services. The Rehabilitation Act Amendments of 1986 define supported employment as a “legitimate rehabilitation outcome.” 1988 WVADD’s general membership approved a name change to West Virginia Advocates (WVA). The Technology-Related Assistance Act for Individuals with Disabilities (the “Tech Act”) is passed, authorizing federal funding to state projects designed to facilitate access to assistive technology. The Fair Housing Amendments Act adds people with disabilities to those groups protected by federal fair housing legislation, and it establishes minimum standards of adaptability for newly constructed multiple-dwelling housing. FHAA prohibits discrimination towards people with disabilities in the sale or rental of housing and in the terms, conditions, services or facilities provided. The Civil Rights Restoration Act of 1988, broadened the application of civil rights laws, including Section 504 and the Civil Rights Act of 1964, to recipients of federal funds. 1989 Court Ordered moratorium on building of 8-bed ICF/MR group homes for developmentally disabled adults in favor of small (1-3 bed) individualized residences. Supported by Governor Caperton and signed into legislation 1990. Last locked residential door unlocked at Colin Anderson Center. Spencer State Hospital closed. Spencer State Hospital 1990 Congress passes the ADA. The Americans with Disabilities Act is signed by President George Bush on July 26th in a ceremony on the White House lawn witnessed by thousands of disability rights activists. The law is the most sweeping disability rights legislation in history, for the first time bringing full legal citizenship to Americans with disabilities. The Education for All Handicapped Children Act is amended and renamed the Individuals with Disabilities; Education Act (IDEA). 1991 Implementation of WVDHHR policy requiring safeguards for persons with developmental disabilities during change of community residence. 1992 Last child left West Virginia state institutions. 1994 West Virginia Advocates was designated the Protection and Advocacy for Individual Rights (PAIR). The PAIR program was formed to assist individuals with disabilities who were not already eligible for other advocacy programs within WVA. WVA was also designated the Protection and Advocacy for Assistive Technology (PAAT) program. This program was formed to help individuals with disabilities obtain assistive technology devices and services. Greenbrier Center in Lewisburg closed. Greenbrier Center in Lewisburg Old Weston State Hospital closed and new William R. Sharpe Hospital opened. Old Weston State Hospital William R. Sharpe Hospital Old Huntington State Hospital renamed Mildred Mitchell-Bateman Hospital. Old Huntington State Hospital Old Huntington State Hospital Interior Mildred Mitchell-Bateman Hospital 1995 Court ordered comprehensive plan for adequate residential settings and requirements for long term care with respect to persons with disabilities living in personal care homes, residential board and care homes and adult family care homes. WV Legislature passed a bill ordering the closure of Colin Anderson Center. 1998 Colin Anderson Center was closed. Cribs at Colin Anderson Center Court order requiring Mount Olive Correctional Complex, Division of Corrections to normalize the treatment of inmates who have mental illness and to afford them rights created by State and Federal Law. 1999 In Olmstead v. L.C, and E.W., the Supreme Court decided that individuals with disabilities must be offered services in the most integrated setting. The Work Incentives Improvement Act (Ticket to Work) becomes law, allowing those who require health care benefits to work. In Benjamin H. vs. Ohl, the court found that Medicaid beneficiaries were waiting too long for home and community based services, and ordered WVDHHR to provide timely services to individuals with DD who were waiting for services. 2001 WVA was designated as the Protection and Advocacy to Beneficiaries of Social Security (PABSS). This program provides assistance and advocacy to individuals with disabilities that receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits and need assistance with breaking down barriers to employment. Court order providing sanctions to behavioral health providers when client complaints involving violation of the Interdisciplinary team process are not resolved in a timely and effective manner. 2002 The Help America Vote Act was signed into law. The purpose of the act is to improve the administration of elections in the United States. WVA was designated as the Protection and Advocacy for persons with Traumatic Brain Injury (PATBI) This program was formed to work with individuals with TBI their families and other stakeholders to develop self advocacy skills and to ensure that needed services are available throughout the state. Behavioral Health Ombudsman position established via order under Hartley. 2003 Under the provisions of HAVA, WVA was designated to provide Protection and Advocacy for Voter Access (PAVA) to ensure the full participation in the electoral process for individuals with disabilities. As a result of a 2001 court order, WVA is awarded a state contract to provide advocacy services to the resident children of the Potomac Center in Romney, WV. 2004 The Individuals with Disabilities; Education Act (IDEA) is reauthorized by Congress. 2007 WVA releases position paper supporting the closure of the West Virginia Rehabilitation Center and recommending appropriate services be provided in the community. West Virginia Rehabilitation Center in Institute closes. 2008 ADA Act Amendments Become Law. On September 25, 2008, President Bush signed into law (Public Law 110-325) the ADA Amendments Act (S. 3406). This law specifically overturns Supreme Court decisions that have caused too many people with disabilities whom Congress intended the Americans with Disabilities Act (ADA) to cover to lose important protections. Mental Health Parity Law. October 1, 2008. Breakthrough legislation for the estimated 113 million Americans suffering from mental illness – a provision making it illegal for health insurance companies to discriminate against patients suffering from psychological or behavioral disorders. The law requires health insurance companies to charge the same deductibles, co-payments, and out-of-pocket expenses for mental health treatments as for all other illnesses.

Client Assistance Program (CAP) The purpose of the Client Assistance Program (CAP) is to help people who want to receive services from the West Virginia Division of Rehabilitation Services (WVDRS) or a Center for Independent Living. CAP can: Provide information about services and benefits from WVDRS or a CIL Provide information about services and benefits available under the employment title of the American’s with Disabilities Act Assist and advocate for services from the WVDRS or a CIL including: Helping you to communicate with your rehabilitation counselor; Helping you to understand agency policy and federal regulations in relationship to your concern; Helping you resolve your concerns at the lowest possible level if you disagree with a counselor’s decision; and Helping you through the appeals process if you cannot resolve the problem at a lower level Providing you with information concerning your rights under the federal Rehabilitation Act Provide advocacy services as it directly relates to employment for someone receiving services from WVDRS Eligibility Criteria To be eligible for CAP services a person has to be applying for or receiving services from WVDRS or a CIL. People with disabilities who want information about services or benefits from WVDRS, a CIL or the employment title of the ADA are eligible to receive information and referral services. Funding Source U.S. Department of Education, Rehabilitation Services Administration DRWV’s CAP Publications CAP Brochure A Guide to your Services from WVDRS

OUR SERVICES Disability Rights of West Virginia (DRWV) is a private non-profit agency dedicated to protecting and advocating for the legal rights of West Virginians with disabilities. We are designated as West Virginia's Protection and Advocacy System (P&A). Every state is mandated by the Federal government to have a P&A. DRWV works to ensure that West Virginians with disabilities have access to the same opportunities afforded all members of society, and can live full, productive lives, totally integrated into their communities with as much self-direction and independence as possible. DRWV strives to promote systemic change to increase access to services, promote equality, and protect rights. DRWV services are confidential and free of charge. Who We Are We Help People with Disabilities by: giving information and providing referrals, investigating abuse and neglect, providing direct advocacy, providing training on self-advocacy, providing legal representation, and engaging in systemic advocacy and litigation. Definitions of our Types of Services: Systemic Advocacy Services Activities or projects which have the potential to impact populations or systems, such as advocacy on behalf of groups, investigations, monitoring and research. It also includes collaboration, agency support or participation on committees, task forces, and class action/group impact litigation. Community Advocacy Services Activities or projects that provide outreach and educational presentations to people with disabilities, professionals, and the community at large. It also includes training in self-advocacy, training professionals, needs assessments, publications and media. Information & Referral Services (I&R) The provision of brief written or oral information about DRWV, and information about additional programs and resources external to DRWV that relate to the individual’s service needs and statutory or constitutional rights as a person with a disability. I&R is generally of short duration, typically ranging from a few minutes to an hour. Direct Advocacy Services Technical Assistance In addition to providing information and referral, an attorney or advocate can advise a client regarding self-advocacy, including explaining how a service delivery system works and assisting with filing complaints/grievances. Case Service Individual Advocacy/Self Advocacy An attorney or advocate assists a client by obtaining and reviewing information, helping the client decide what actions they want to have taken, and working with the client in taking action to resolve the issue, including providing representation at meetings or hearings as well as litigation. Case Service Individual Investigation An abuse or neglect investigation is done when DRWV has an allegation that abuse or neglect may have occurred to an individual with a disability and a DRWV staff attorney has reviewed the allegation and has documented in writing that DRWV has probable cause to believe that such abuse/neglect may have occurred. DRWV cannot do an abuse/neglect investigation without probable cause. Investigations are undertaken for the purpose of substantiating or not substantiating that abuse or neglect occurred. Investigations require a significant allocation of time that includes a thorough examination of information, records, evidence, and circumstances surrounding an allegation of abuse and neglect. DRWV does not accept the following types of legal Service Requests: Domestic Relations Child custody Child support Divorce or annulment Personal Injury Separation Wills and Estate Planning Real Estate and Property Law Social Security benefits denials and terminations Criminal matters Juvenile Justice matters Any Service Request not directly related to a disability rights issue, even if the client has a disability Service Requests outside DRWV’s annual Priorities and Objectives unless exceptions are made in accordance with our goals and mission NOTICE Disability Rights of West Virginia (DRWV) serves people with disabilities including persons with mental health, developmental, intellectual, and physical disabilities, as well as traumatic brain injury. DRWV's Intake Department will provide Information and Referral services to anyone who requests assistance. DRWV's acceptance of direct advocacy and legal cases is determined by a variety of criteria including: disability related eligibility criteria established by our funders, our annual priorities and objectives, our budget, as well as related fiscal factors. Due to limited resources, we cannot provide everyone who requests our services with direct advocacy or legal representation.

2022 NEWS LETTER June Disability Rights of West Virginia Post Traumatic Stress Disorder PTSD Article by Jason Parmer, DRWV Staff Attorney Post-traumatic stress disorder (PTSD) is a psychiatric disorder that may occur in people who have experienced or witnessed a traumatic event. In the past, PTSD was called “shell shock” and “combat fatigue. PTSD affects both combat veterans and the public, but veterans are more likely to experience PTSD. PTSD affects 3.5% of U.S. adults every year, and between 11-20% of veterans of Operations Iraqi Freedom and Enduring Freedom have PTSD. Military combat or terrorist attacks; Sexual or physical assault; Serious accidents, e.g., a car wreck; Learning about the death or severe injury of a loved one; Repeated or extreme work-related exposure to traumatic events, e.g., first responders who collect human remains or police officers exposed to details of child abuse. Types of traumatic events that can cause PTSD are: People with PTSD experience different symptoms: Reliving the event – Recurring, involuntary, and intrusive memories of the traumatic experience can last long after the event has ended. Recurrent distressing dreams that are related to the traumatic event. Dissociative reactions (flashbacks) in which the individual feels or acts as if the traumatic event(s) were recurring. Avoidance – Avoiding situations or people that remind them of the traumatic event. For example, combat veterans may avoid crowded places because it feels dangerous to be around so many people. People may stay busy, so they do not have to talk or think about the experience. Negative thoughts – Feeling sad or detached from other people; loss of interest in things that used to be enjoyable. Difficulty expressing happiness or other positive emotions. Feeling the world is dangerous and you cannot trust anyone. Hyperarousal – Irritable behavior or aggressive behavior toward people or objects. Feeling “on edge,” or having difficulty sleeping or concentrating. Exaggerated startle response to ordinary stimuli such as a loud noise or an accidental touch. Reckless or destructive behavior, e.g., abusing drugs and alcohol or driving aggressively. Depersonalization or Derealization – Persistent or recurring experiences of feeling detached from one’s mental processes or body, in “a dreamlike state;” or feeling a sense that one’s surroundings are unreal or distorted. Treatment for PTSD Not everyone who experiences trauma develops PTSD, and not everyone who develop PTSD requires psychiatric treatment. For some people, symptoms of PTSD subside or disappear over time. Others get better with the help of their support system (family, friends, or clergy). But many people need professional treatment to recover from psychological distress that can be intense and disabling. Examples of professional treatment for PTSD include: Cognitive Behavioral Therapy focuses on modifying painful negative emotions and beliefs due to trauma. Therapists help the person confront distressing memories and emotions. Prolonged Exposure Therapy uses virtual reality programs to help war veterans with PTSD re-experience the battlefield in a controlled, therapeutic way. Stress Inoculation Therapy exposes people to mild levels of stress to build coping skills that defend against stressful triggers. Group Therapy encourages survivors of traumatic event to share their experiences and reactions in a comfortable, non-judgmental setting. Group members help one another realize that many people would have responded the same way and felt the same emotions. Medication including antidepressants are used to treat symptoms of PTSD, and recent scientific studies have shown that ketamine can significantly reduce the severity of symptoms. Client Comments Why we do what we do "My advocate is very nice and I enjoy talking with her. I am sure if there would be anything come up, she would do all she could do to help." "My advocate is awesome."

DRWV Monthly Newsletters DRWV NEWSLETTERS DRWV 2020 Newsletters: - Follow this link to our 2020 newsletters DRWV 2021 Newsletters: - Follow this link to our 2021 newsletters DRWV 2022 Newsletters: - Follow this link to our 2022 newsletter 2023 Newsletters Ja nuary 2023: 2022 Successful Client Resolutions February 2023: Bullying and School M arch 2023: Highlighting Developmental Disabilities Awareness Month: Lynsay Frye - What I Want You To Know About Peo ple with Developmental Disabilities April 2023: WVABLE May 2023: Transition Services for Students and Youth with Disabilities June 2023: WV Aging and Disability Resource Center July 2023: Peer Support: How Can it Change your Road to Recovery?

NEWS LETTER October Disability Rights of West Virginia 2022 Down Syndrome Article by Christy Black, Advocacy Specialist, WV Developmental Disabilities Council Down syndrome is a condition in which a person is born with an extra chromosome. Typically, a baby is born with 46 chromosomes. Babies with Down syndrome have an extra copy or part of the 21st chromosome. A medical term for having an extra copy of a chromosome is ‘trisomy.’ Down syndrome is also known as Trisomy 21. The syndrome is not new. People with Down syndrome has been depicted in historical paintings from the 15th and 16th centuries. In fact, the first evidence of its existence dates back 2,500 years. The facial features of a people with Down syndrome are found in some ancient pottery and paintings. The syndrome is named after John Langdon Down, an English doctor who published a clinical description in 1866. The condition is sometimes referred to as “Down syndrome” for that reason. Characteristics People with the syndrome may have some of the same characteristics such as almond shaped eyes, short stature, lower set ears, low muscle tone, etc. However, each person whether they have Down syndrome or not, has different abilities. This extra chromosome can also cause both intellectual and physical challenges. Down syndrome remains the most common chromosomal condition diagnosed in the United States. One in 700 births result in Down syndrome every year in the United States. This results in about 6,000 births. There are three types of Down syndrome: Trisomy 21 (nondisjunction), Translocation, and Mosaic. Regardless of the type of Down syndrome a person has some of the same features. There are no known causes for the condition. However, advanced maternal age is a risk factor even though the majority of babies born with Down syndrome are to women under the age of 35. The condition occurs in all races and economic levels. Screening and Diagnostic Testing Screening and diagnostic testing can be performed to receive or confirm a diagnosis. Prenatal screens estimate the probability that the fetus would have Down syndrome. Diagnostic tests, on the other hand, can provide a definitive diagnosis with almost 100% accuracy. In some countries, due to this testing, the condition has almost been eradicated due to professionals encouraging mothers to seek abortion with the diagnosis, even though studies on the impact of Down syndrome on families show that 96% of parents did not regret having their child. Also, 96% of siblings wouldn’t trade their sibling who has Down syndrome for a sibling without it. Parenting a child with Down Syndrome As a parent of a child with Down syndrome, the condition does affect our family’s dynamics in both a positive and negative way. However, that is part of life, and many things affect a family whether they have a family member with a disability or not. Sure, I wish I didn’t have to advocate for things that other families take for granted like healthcare and education. Regardless, that is what we do as parents. If I were asked what advice I would give a new parent of a baby with Down syndrome, I would say do not define your child by their disability. Your child will have some of the same hopes and dreams as a child without a disability. The way they get there may be a little different, but they can get there. Your child does not have a disease and does not need cured. Your child may need extra supports. Inclusion does not mean we must change to belong, and different does not mean less. Have high expectations. Encourage your child to have high expectations and never accept “can’t” or “won’t". People with Down syndrome can and do work and live meaningful, productive, and independent lives in their community with and without supports. The only thing that is broken and holds them back are mindsets of society who do not give people with Down syndrome, and other disabilities, opportunities, proper education, training, and support. Client Comments Why we do what we do "My advocate is very nice." "Love my advocate. She is the best!"

Protection and Advocacy for Beneficiaries of Social Security (PABSS) Established by the Ticket to Work and Work Incentive Improvement Act of 1999 for individuals with disabilities who receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) who want to work or return to work. Eligibility Criteria A PABSS client must be a SSI/SSDI beneficiary who desires to work and has a barrier keeping him/her from working. Funding Source Social Security Administration PABSS Publications PABSS Brochure

NEWS Disability Rights of WV Fiscal Year 2023 Priorities and Objectives Fiscal Year 2023 Priorities and Objectives (Download) The Parent's Advocacy Guide to Special Education - 3rd Edition - is now available online! 3rd Edition Parent's Advocacy Guide (Download) Court rules that Federal Disability Rights Class Action Against Charleston, West Virginia Can Proceed The week of July 13, a federal judge denied Kanawha County Schools ’ (KCS) motion to dismiss a civil rights class action lawsuit filed by The Arc of West Virginia on behalf of children with disabilities in the county. The lawsuit alleges that the school district, which educates children in the Charleston, West Virginia area, fails to provide effective behavioral supports to students with disabilities and sends them home instead of educating them in violation of federal law. Plaintiffs The Arc of West Virginia and parents of two students with disabilities are represented by the Bazelon Center for Mental Health Law, Disability Rights of West Virginia , Mountain State Justice , The Arc of the United States , and the global law firm Latham & Watkins LLP . Read the press release here . Read more about the case here . Finding the Right Help during the COVID-19 (coronavirus) Outbreak The outbreak of the COVID-19 (coronavirus) has put many citizens in a place of uncertainty — Benefits.gov is here to help! In order to help families and individuals find the resources they need, Benefits.gov has released a new article, “Finding the Right Help during the COVID-19 (coronavirus) Outbreak” . In the article, you will find helpful information on government benefits such as unemployment resources and healthcare coverage as well as resources for businesses and families. For the most up-to-date information on the coronavirus outbreak, visit Coronavirus.gov to learn more about how to protect and prepare yourself and your community. PRESS RELEASE - West Virginia, National Disability Advocacy Groups File Complaints Alleging Systemic Disability Discrimination in Kanawha County Schools Press Release 6-25-19 (Download)

NEWS LETTER April Disability Rights of West Virginia Threat Assessment 2022 Looking at Angry Words in the Social Media Age We can all think of a mass shooting that has occurred at a school within the last 10 years. It might be the first thing we think of when we hear a child has made a threat at school. And we all have differing opinions on how that child should be handled. However, every child who mentions shooting someone at school or bringing a gun to school does not plan to do so. How do we determine which child is an actual threat and which child simply said something stupid in the heat of the moment? Likewise, how do we get our schools to separate these children out to only exclude the true threats? Availability Heuristic The availability heuristic describes our tendency to use information that comes to mind quickly and easily when making decisions about the future. Because of this bias, we may believe any child who says anything about shooting someone at school or bringing a gun to school needs to be excluded from the school for the safety of everyone else. Availability Heuristic (What actually happens in the world) All the Information The information most available to you that you use to make a decision: Recent Emotional Vivid There are two biases emanating from the availability heuristic: Ease of recall and retrievability. When we make decisions we tend to be swayed by what we remember. What we remember is influenced by many things including beliefs, expectations, emotions, and feelings as well as things like frequency of exposure. Media coverage (e.g., Internet, radio, television) makes a big difference. When rare events occur they become very visible to us as they receive heavy coverage by the media. This means we are more likely to recall it, especially in the immediate aftermath of the event. However, recalling an event and estimating its real probability are two different things. If you’re in a car accident, for example, you are likely to rate the odds of getting into another car accident much higher than base rates would indicate. Because of the availability bias, our perceptions of risk may be in error and we might worry about the wrong risks. This can have disastrous impacts. Ease of recall suggests that if something is more easily recalled in memory it must occur with a higher probability. The availability heuristic can distort our understanding of real risks. Policy Changes Regarding School Safety Since the shooting at Marjory Stoneman Douglas High School on February 14, 2018, policy changes to address school safety have been proposed at the local, state, and federal level. The proposed changes are wide ranging, and some have the potential to cause great harm to children of color and children with disabilities. Many of the proposals focus on increased access to personal information about students. The new anonymous reporting mechanisms and softened information barriers may be mis-used, permitting implicit bias to take hold and undermining civil rights protections. There is no one specific or accurate profile of a school shooter. Louvar Reeves, M.A. & Brock, S.E., School Behavioral Threat Assessment and Management, Contemp. School Psych. 22 , 148-162 (2018) https://doi.org/10.1007/s40688-017-0158-6. It is known that children of color and children with disabilities currently are removed from school and arrested at disproportionate rates due to decisions by improperly trained, supported, and supervised school staff. Smith Howard, D., National Disability Rights Network, Storm on the Horizon: Federal and State Proposals Re: “School Safety,” Washington D.C., March 22, 2019, available at https://www.ndrn.org/wp-content/uploads/2019/03/Storm-on-the-Horizon-Policy-Document-FINAL.pdf. Further, removal of children from school for non-violent disability related behaviors does not prevent school shootings nor will it improve school safety. Id . Instead, it can actually cause harm as profiles can be stigmatizing and may result in discrimination, invasion of privacy, unfair punishment, isolation and/or exclusion from school and activities without due process. Reeves & Brock, supra. Threat Assessments Threat assessments may be used by schools to determine which children are at high risk, but not every child who makes a threat needs a complete threat assessment to determine he is low risk and is not likely to act on his words. The central question of a threat assessment (of any type) is whether the child is truly a threat, not whether the child has made a threat. Reeves & Brock, supra . This central question recognizes not every child who makes a threat is threatening or dangerous. Five Stages of School Threat Assessment 1 Initiate Threat Assessment 2 5 Manage Risk 4 Determine Whether Student Poses Threat Collect Information 3 Organize and Analyze Information School-based threat assessment must be a flexible and efficient process that can quickly resolve threats that are not serious and concentrate efforts on the small number of serious threats. Cornell, D.G., University of Virginia, Overview of the Comprehensive School Threat Assessment Guidelines (CSTAG), May 26, 2020, available at: https://education.virginia.edu/sites/default/files/images/YVP/Comprehensive%20School%20Threat%20Assessment%20Guidelines%20overview%20paper%205-26-20.pdf . Client Comments Why we do what we do I am satisfied with our advocate. She calls often to check on my client and asks if we need anything. I am pleased with her service and know she is only a phone call away. My advocate is amazing.