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The Council will advocate against the further development of segregated educational settings. The Council will support legislation that ensures equal opportunities for students with developmental disabilities to be educated in regular education classrooms, in their home school, and in other inclusive educational settings.
The Council will monitor the FY 2010 school aid funding formula for public schools and other funding for higher education services for students with developmental disabilities.
The Council will monitor the West Virginia Department of Education's implementation of the federal No Child Left Behind Act and any State legislation pertaining to the Act for any possible adverse effects on WV's children who have developmental disabilities.
Inclusion is a right. The Individuals with Disabilities Education Act (IDEA) requires states to provide a free and appropriate public education in the least restrictive environment. In WV, only about 50% of students with developmental disabilities are enrolled in full-time regular education classrooms. Children with severe developmental disabilities are the least likely to be included in regular classes. Most frequently they are placed in self-contained classrooms. Often, the only interaction these children have with their non-disabled peers is in the lunchroom.
Children with developmental disabilities should be attending neighborhood schools along with their brothers, sisters, and peers. Including students with developmental disabilities in regular classrooms in their neighborhood schools and providing them with the necessary supports enhances their opportunity for success.
Inclusion has been receiving attention not only from national and local education systems, but also in popular media. Opposition to inclusive educational settings is frequently based on the erroneous assumption that inclusion is not beneficial to children without disabilities. Research has shown quite the opposite. All children benefit from inclusive classrooms. Children educated in inclusive settings form more meaningful and long-lasting friendships, they are more aware of the needs of others and have an increased understanding and acceptance of diversity. They have a higher sense of self esteem and have more strongly developed moral and ethical principles. Additionally, skill acquisition is enhanced for all students through increased opportunities to master concepts by practicing and teaching others, thus creating improved academic outcomes. Schools such as A.I. Boreman in Tyler County have shown that students without disabilities can actually perform higher academically in an inclusive environment.
The quality of educational services and commitment to inclusion in WV varies considerably across counties, schools, and classrooms. It is largely dependent on the leadership of local administrators, the attitudes and training of regular and "special" educators, and the involvement of informed parents. All children have the right to be educated by highly qualified teachers who invest their time and skills to provide the highest quality education possible.
Access to quality health care and related supports has long been an issue for WV's citizens with developmental disabilities.
A health access survey conducted on behalf of the WV DD Council indicated that women with developmental disabilities often do not have access to many of the preventive health measures that the medical community and health insurance programs promote as vital, including mammograms, gynecological examinations, and dental and vision services.
Home and vehicle modifications are not covered services under the State Medicaid Plan. For those who receive services through the MR/DD Waiver, a small amount of funding is available on a yearly basis. However, the cost of such modifications often places them out of reach for many families.
Some individuals who acquire a traumatic brain injury during their developmental years may become eligible for services through the MR/DD Waiver program. Often those services do not provide the supports necessary to adequately meet their needs. Many individuals who have a traumatic brain injury do not have access to any supports at all.
Over the last several years, there has been a dangerous trend developing in our state where health related services and supports for our citizens with developmental disabilities have been severely reduced or eliminated.
The Council will continue to advocate for people with developmental disabilities and their families/guardians to have access to a comprehensive health care system that provides the most appropriate, effective, quality services. The Council supports legislation that promotes a healthier environment, and ensures better access to quality health care.
The Council will advocate for full implementation of the WV Olmstead Plan as approved by the Governor in October 2005. This is WV's plan to carry out the Olmstead decision rendered by the US Supreme Court in June 1999. The decision mandates that people with disabilities have the right to receive state administered services, programs, and activities "in the most integrated settings." People with disabilities are to be given the opportunity to leave nursing homes, long term care facilities, ICFs/MR and other group homes, and state psychiatric hospitals, and to be supported to live integrated lives in communities around the State.
The Council will continue to advocate for the restoration of and increases in State and Federal funding necessary to maintain or enhance critical support services that allow people with developmental disabilities to live, learn, work, and play in the community. Of particular concern are the following programs and initiatives:
The Council will advocate for a Resolution to study concerns about the MR/DD Home and Community Based Waiver Program's policies/implementations. The Council will further advocate that individuals and families/guardians who rely on these funding sources gain greater control over the design and delivery of the related services. The Council supports the re-direction of Medicaid and other funding sources that give individuals with developmental disabilities authority over dollars to be used for their support. The Council will advocate for customized and individualized supports for those who continue to wait for services. The Council will advocate for implementation of a Money Follows the Person initiative and any legislation that supports that initiative.
The Council supports legislation that strengthens safeguards for people with developmental disabilities who do not qualify for or are being denied Medicaid MR/DD Waiver, Aged and Disabled Waiver, and other relevant publicly funded community supports. People with developmental disabilities must be protected from abuse, neglect, and preventable death, and have access to essential services and supports.
The Council would oppose any changes to the behavioral health licensures rules that would cause persons' private homes to be designated or treated like facilities. Furthermore, the Council would oppose any changes or interpretations that would cause family members/guardians who provide services to their relative who is a participant of publicly funded support services to be considered employees of service agencies for this purpose.
People who have developmental disabilities, just like everyone else, want to lead typical, healthy, productive, and full lives in communities of their choice. People with developmental disabilities want control over their own lives, freedom from abuse and neglect, and choices in who provides services and supports. They want to be given responsibility to wisely use resources for their own support.
WV's service systems have strong biases toward segregated, institutional care such as nursing homes and group living settings rather than toward supporting people in their own homes and communities. The State spends much more money per person on out-of-date, institutional models. One of WV's better programs for supporting people to live in the community is the MR/DD Waiver. However, most people with developmental disabilities receive little, if any, support or program services. This can result in people being forced into unnecessary and expensive institutional care. WV needs to "rebalance" its resources to better serve its citizens while being more economical.
The Council will advocate against the further development of segregated, congregate service settings. The Council will support legislation that ensures adequate funding for services that support people with developmental disabilities to live in their own homes and neighborhoods, eliminates the institutional bias, and ensures rebalancing of Medicaid and other public funding.
The Council is concerned about the very lives of people who are generally perceived to have a lower social status, particularly those who have developmental disabilities. Therefore, we uphold the principle of applying excellent standards of care for such people. We reject limitations of treatment policies directed at people with impairments. Further, the Council does not support any legislation that seeks to hasten death by medical professionals who would be given the authority to judge the value of a person's life by invoking "quality of life" concerns.
The Council will support efforts to allow families/guardians (including families/guardians of children with developmental disabilities) to gain access to health insurance coverage through a buy-in to SCHIP.
The Council supports an interim study on ceiling benefits for those currently enrolled in the SCHIP. There is concern that some children who have disabilities or serious illnesses are reaching the maximum amount of benefits and are no longer eligible for SCHIP or any other health care benefits.
The Council supports the expanded legislation of the uniform health care screening tool to all children beyond kindergarten age, including children with developmental disabilities, to ensure comprehensive and quality health information storage and access by designated health care providers.
The Council would support legislation intended to allow people with developmental disabilities who need ventilator assisted breathing to be able to receive such services in their homes and communities.
The Council supports improvements to the WV Medication Administration by Unlicensed Personnel Act and the associated Rules so that people with developmental disabilities can receive the supports they need to keep them safe and healthy while increasing flexibility in the self-administration/direction of medications.
The Council supports the implementation of a patient centered medical home concept; especially to drive improvement in quality and continuity of care through the integration of Health Information Technology (HIT).
Within the Department of Health and Human Resources, Bureau for Behavioral Health and Health Facilities: The Council supports the maintenance of the current funding level of $600,000 for Supported Employment.
WV Developmental Disabilities Council
110 Stockton Street, Charleston, WV 25312
304-558-0416
304-558-2376 (TDD)
www.wvddc.org
