West Virginia State Plan for Independent Living (SPIL)

This page has links to recent SPIL plans.

Excerpt from 2017 plan: The plan shall be reviewed and revised not less than once every three years, to ensure the existence of appropriate planning, financial support and coordination, and other assistance to appropriately address, on a statewide and comprehensive basis, the needs in the State for: – The provision of State independent living services; – The development and support of a statewide network of centers for independent living; and – Working relationships between programs providing independent living services and independent living centers, the vocational rehabilitation program established under title I, and other programs providing services for individuals with disabilities. 34 CFR 364.20(f)

West Virginia Policy 2419: Regulations for the Education of Students with Exceptionalities

“Policy 2419: Regulations For The Education Of Students With Exceptionalities follows the requirements of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004) and West Virginia State Code, Chapter 18, Article 20. These policies and procedures apply to preschool, early childhood, middle childhood, adolescent and adult students whose educational programs require special education and related services. Local Educational Agencies (LEAs) must adopt and implement appropriate special education policies and procedures to receive federal funds available under IDEA 2004.”

West Virginia Adult Education SPOKES: A Training Collaboration with DHHR

“In 2003 the West Virginia Department of Education, Office of Adult Education (WVAdultEd) and the West Virginia Department of Health and Human Resources (DDHR) entered into a contract to create and deliver an academic and job preparation program for WV Works participants who received assistance via the Temporary Assistance for Needy Families (TANF). The 10-week SPOKES program model provides intense daily activities that address academic and soft skills necessary for adults to pursue gainful employment.

SPOKES components consist of assessment, academic workplace skills, employability skills (“soft skills”), vocational training, and job search assistance. Referred clients can begin the program on “any Monday” and jump into the curriculum. Clients are afforded the opportunity to earn many certifications, enhance skills to successfully enter the workforce, or to begin further schooling. As of 2020 over 30,000 referred DHHR clients have enrolled in the SPOKES program and benefitted from the curricula.”

West Virginia DHS Bureau for Behavioral Health (BBH)

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​”The West Virginia Department of Human Services, ​Bureau for Behavioral Health (BBH) is the federally designated State Authority for mental health and substance use disorder as well as the lead agency for intellectual and developmental disabilities.”

West Virginia: USDOL Investigation Results in West Virginia Employer Paying… (2018)

USDOL Investigation Results in West Virginia Employer Paying $119,040 to Employees with Disabilities to Resolve Violations

“After a U.S. Department of Labor Wage and Hour Division investigation, a federal jury has entered a verdict against Randolph County Sheltered Workshop Inc. – doing business as Seneca Designs – and ordered the Elkins nonprofit to pay $119,040 in back wages to 34 employees. Entered in the U.S District Court for the Northern District of West Virginia-Elkins Division, the investigation found that the organization violated the minimum wage provisions of the Fair Labor Standards Act (FLSA).

Division investigators found violations that resulted from the employer’s failure to obtain a certificate authorizing their payment of sub-minimum wages to employees with disabilities. Absent that certificate, employees were legally due the full federal minimum wage. The Agency also found that the employer failed to post information about rights for employees with disabilities paid at a sub-minimum wage, as the law requires.”

West Virginia Medicaid: Methodology for Waiver Transition Plan Application (2018)

“This review has been conducted in two sections. To begin the transition plan development process, BMS conducted a review of the HCBS services provided by the current West Virginia waivers impacted by the new rule (Exhibit 1) as well as the waivers’ supporting documentation (operation manuals, authorizing legislation, waiver applications, etc.). The State used CMS guidance documents, particularly “Summary of Regulatory Requirements for Home and Community Based Settings” to guide the analysis.”

West Virginia DE Policy 2520.16: West Virginia Alternate Academic Achievement Standards

“West Virginia Alternate Academic Achievement Standards defines the alternate academic achievement standards grades K-12 for students with the most significant cognitive disabilities and provides rigorous and challenging standards to meet the requirements of Policy 2510.

The Every Student Succeeds Act (ESSA) requires the state to adopt challenging alternate academic achievement standards, linked to the state’s grade-level academic content standards, for students with significant cognitive disabilities, to form the basis of instruction, assessment and accountability for this group.   A student’s Individualized Education Program (IEP) Team determines whether the student has a significant cognitive disability requiring instruction on these standards.  West Virginia Alternate Academic Achievement Standards will ensure alignment of the state’s alternate academic achievement standards with the West Virginia College- and Career-Readiness Standards in the areas of English language arts, mathematics, and science for grades K-12 which is consistent with the Every Student Succeeds Act (ESSA) requirements”

West Virginia DE Planning the Future for Students with Disabilities

“This guide is intended to provide information that is applicable to “most” young adults. However, individual needs, developmental levels and circumstances vary. Parental/guardian involvement and young adults’ input is highly recommended in all phases of transition planning.”

West Virginia Medicaid HCBS Waiver Programs

The Bureau for Medical Services has four HCBS Waiver Programs:

  • “The Aged and Disabled Waiver (ADW)  is for people age 18 or older who meet the medical criteria of receiving nursing home care and who meet financial requirements.
  • The Intellectual/Developmental Disabilities Waiver (IDDW) is for individuals who have intellectual disabilities and/or developmental disabilities who would otherwise be institutionalized.
  • The Substance Use Disorder (SUD) Waiver addresses the immediate and long-term physical, mental and social needs of individuals with substance use disorders, and promotes and sustains their long-term recovery.
  • The Traumatic Brain Injury Waiver (TBIW) is for people age 3 or older who have a traumatic brain injury defined as a non-degenerative, non-congenital insult to the brain caused by an external physical force resulting in total or partial functional disability and/or psychosocial impairment or an injury caused by anoxia due to near drowning and who meets the medical criteria of receiving nursing home care.”