Correspondence To And From Our Representatives

Correspondence Page

D A C
Disabled Action Committee
14405 Artery Ln#11 ~ Dale City, VA 22193 ~ U.S.
Phone 703-878-1737 ~ Email DAC4VA@aol.com

March, 10, 2002

To Our Honorable State Representatives:

DAC would like to take this opportunity to thank all of you for your tireless efforts in not only putting together a very difficult budget but also for your advocacy in helping to keep funding cuts at a minimum for those in need.

We realize that you had many hard decisions to make and we appreciate your thoughtfulness in keeping our requests at the forefront. Although every request could not possibly be met, due to the downturn in the economy, we are willing to wait for better times which will be coming.

To all of our State Delegates and State Senators, we congratulate you for a job well done under these very difficult times.

Respectfully,

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

http://members.aol.com/DAC4VA/main.htm <--for links etc.
DAC
http://members.aol.com/DAC4VA/index.html <--Mission Statement

**Some people grin and bear it. Others smile and change it.**

D A C
Disabled Action Committee
14405 Artery Ln#11 ~ Dale City, VA 22193 ~ U.S.
Phone 703-878-1737 ~ Email DAC4VA@aol.com

02/23/02

To Our Honorable State Senators:

DAC (disabled Action committee) of Virginia, in conjunction with the Lynchburg Depressive Disorders Association (LDDA) in Lynchburg, VA urges you to support House Bill 9, (HB9) which is similar to HB491 that you supported last year but was vetoed by Governor Gilmore.

This legislation as you know, was created to help Virginia's Protection and Advocacy agency (P&A), currently called the Department for Rights of Virginians with Disabilities (DRVD), become a new entity within Virginia government. This new entity would have the same authority that the federally funded P&A watchdogs in other states have to investigate, protect, and advocate on behalf of people with disabilities.

There is no reason to change your mind on HB9 this year because of any misconstrued concerns by schools, administrators or teachers. The DRVD has the same authority now as it will have after you vote to make it an autonomous agency. The school administrators and teachers worries are unfounded.

If you would take the time to read the Action Alert sent out by NAMI-VA you will see that any school administrators concerns are nothing more than some alarmist sending out false information. DAC would appreciate your full support to finally allow the DRVD to do the job that they should be allowed to do and please vote for the passage of HB9 when it comes up for the Senate Education and Health Committee vote on February 27, 2002. Thank You.

Respectfully,

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

http://members.aol.com/DAC4VA/main.htm <--for links etc.
DAC
http://members.aol.com/DAC4VA/index.html <--Mission Statement

**Some people grin and bear it. Others smile and change it.**

NAMI-VA Action Alert
URGENT
Requires Immediate Action
Human Rights Bill, HB 9

February 22, 2002

This alert is organized in the following sections:

1. Overview
2. Background
3. What is the Issue Now???
4. Additional Information
5. Special Concerns about SED Children
6. Call for Individual Cases
7. Contact Information for Legislators

1. OVERVIEW

House Bill 9, a bill intended to protect the rights of people with disabilities, is in danger of being significantly weakened, or worse. Action is needed immediately to save the original intent of the bill.

This legislation was created to help Virginia's Protection and Advocacy agency (P&A), currently called the Department for Rights of Virginians with Disabilities (DRVD), become a new entity within Virginia government. This new entity would have the same authority that the federally funded P&A watchdogs in other states have to investigate, protect, and advocate on behalf of people with disabilities.

If your Senator is listed at the end of this alert, it is VITAL that you call, write, or email him/her to OPPOSE any amendments to HB9. This must be done before Wednesday, February 27, 2002.

2. BACKGROUND

NAMI-VA, along with many other disability advocates, has been pushing for the independence of DRVD (Department for Rights of Virginians with Disabilities) for many years.

Though there are 56 federally funded P&As within the United States and its territories, Virginia has gained a national reputation for being an abysmally ineffective, human rights watchdog due to its relationship with the executive branch of our state government. Other P&As are either private, nonprofit agencies outside of state government, or have some mechanism in place to shield rights protection of disabled people from the political will of the governor and/or his appointees. Unfortunately for Virginia, our watchdog has always been muzzled. Virginia's ongoing, futile attempts to police itself in upholding the rights of people with disabilities have consistently demonstrated the inherent conflict of interest. The ultimate consequences have cost too many innocent lives.

Numerous deaths, instances of abuse/neglect, and starkly egregious conditions in Virginia's public psychiatric hospitals several years ago proved that human rights watchdogs must be independent of the systems they guard. As Margaret Edds of the Virginian-Pilot once wrote, watchdogs that lack independence become lap dogs.

Two years in a row, legislation to free DRVD passed the general assembly, only to be defeated by Governor Gilmore. However this year, the Warner Administration has indicated strong support for a bill that would give DRVD more independence.

Unfortunately, in the past few days a new concern has arisen that requires immediate action.

3. What is the Issue Now????

School system lobbyists and school administrators have mounted a serious and coordinated campaign to exempt school settings from the scope of DRVD's work. Some legislators are now concerned about the authority of DRVD to conduct investigations of abuse and neglect in schools.

The following amendment has been proposed by lobbyists on behalf of Virginia's school systems.

"The Office shall not have the authority to investigate any public or private institution which is subject to the requirements of 22.1-215, nor any private elementary or secondary school, of college or university which is not a recipient of state funds."

The proposed amendment was only partially discussed at the Senate Health and Education Committee meeting yesterday, but it has been widely circulated among key legislators. Additionally, it was clear that the amendment was causing a number of senators who have traditionally supported human rights legislation in Virginia to question their past support.

4. ADDITIONAL INFORMATION

WHAT IS THE CURRENT LAW AND PRACTICE?

DRVD already has the authority to and does conduct investigations of school systems when there are allegations of abuse or neglect.

WHAT IS DIFFERENT ABOUT HOUSE BILL 9?

Nothing. The bill merely maintains, and does not expand, DRVD's current authority and practice. The agency's authority to conduct investigations would not change under HB9.

IF THE INVESTIGATORY AUTHORITY OF DRVD IS NOT NEW IN HB9, WHY ARE THINGS DIFFERENT THIS YEAR?

It appears that school systems have only recently examined the implications of having a truly indepedent rights watchdog. It is difficult to explain why school systems would not welcome outside investigations and scrutiny, in order to help them resolve problems fully and maintain their reputations for high quality, individualized education for every child in the commonwealth.

WHY ARE SCHOOLS REACTING NOW AFTER BEING SILENT FOR SEVERAL YEARS?

DRVD is currently conducting an investigation of a public school system in Virginia. Even though such investigations are rare, DRVD has the authority to do so. Schools systems and their lobbyists don't appear to like this.

WHAT HAVE SENATORS SAID?

Senators say they have been bombarded with calls from schools on this issue, and that superintendents from countless school districts have contacted them. The educational community claims that DRVD's investigations are unnecessary, laws are confusing and duplicate other laws already applicable to educational issues, and that there are enough existing ways to adequately address problems and grievances within school systems.

WHAT ARE THE FACTS?

DRVD has the federal authority to conduct investigations of any facility (including schools) when abuse, neglect or rights violations are suspected. One of DRVD's current investigations involves the death of a student who was restrained by school personnel.

DRVD does assist students and their families with complaints, due process problems and legal issues related to Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, the Individuals with Disabilities Education Act and other laws that protect the rights of students.

Of serious concern is the possibility that if the amendment exempting school systems is passed, it could jeopardize the federal funding that supports DRVD's very existence. The amendment violates federal law, jeopardizes federal funding, yet legislators are being pressured to capitulate by the educational lobbying community.

5. SPECIAL CONCERNS ABOUT SED CHILDREN

Children with serious emotional disturbances (SED) are especially vulnerable to the possibility of abuse or neglect within school systems for a number of reasons. First, many school personnel do not understand or recognize mental illnesses, and there is a heightened potential for treating them as mere behavior problems. This means that punishment can become the method of choice for addressing symptoms of biologically based brain disorders. Second, even if the illness is recognized, the knowledge and skills necessary to adequately accommodate and educate SED children in school settings are not uniform across the state. Third, there simply are not enough resources to help children with serious emotional disturbances statewide. Grossly inadequate resources have historically led to people with disabilities being denied their rights -- children and adults alike.

WHAT IS THE NEXT STEP?

HB9 was referred back to the Senate Health & Education's subcommittee on Health. This committee will meet on Wednesday morning, February 27th, to decide whether or not to recommend support for the bill.

Please contact the members listed below and ask them to help DRVD CONTINUE to investigate abuse and neglect in schools. Tell them not to amend HB9. Please contact them immediately.

6. CALL FOR INDIVIDUAL CASES

Advocates from all disability groups need to provide real examples of problems for legislators to hear. We need people who are willing to come forward and have their stories told publicly. If you are the parent of a child with a disability, and you believe your child's rights were violated in a school setting without a proper resolution, please contact the appropriate disability advocacy group, so they can assess your story and their ability to utilize it in refuting the proposed amendment to HB9.

If you are the parent of a child with a serious emotional disturbance, and you believe your child's rights were violated in a school setting without adequate resolution through grievance procedures made known to you, we would like to hear from you. Contact us at NAMI-Virginia by email (va ami@aol.com), leave us a phone number where you can be reached, and we will discuss your case further.

If you are not yet comfortable sharing your family's troubles publicly but you still want to help, we can help you evaluate whether or not your story provides a good example of the current problems with HB9. This will allow you to decide whether or not you wish to quietly share your story with individual legislators on the Senate Health and Education Committee.

7. CONTACT INFORMATION FOR LEGISLATORS

Personal, handwritten notes are always best. However, if that is not possible, please contact the legislators below through the other methods listed.

If you are going to mail anything, please make sure it arrives before Wednesday, February 27. Please send to:

The Senate of Virginia
General Assembly Building
Richmond, Virginia 23219

D A C
Disabled Action Committee
14405 Artery Ln#11 - Dale City, VA 22193 - U.S.
Phone 703-878-1737 - Email: DAC4VA@aol.com

February 14, 2002

To Our Honorable State Delegates and Senators:

DAC would like for your positive consideration for assisting the low income and homeless citizens of our Commonwealth. Although we realize that there are many difficult budget items to consider, the need for housing is still urgent in Virginia. We would like your help on the following.

If the Senate would vote Yes for:
Homeless Assistance & Prevention, Item 111#1s
Rental Assistance, Item 111#2s

And if the House would vote Yes on:
Homeless Assistance & Prevention, Items 111#7h, 8h and 9h--Callahan¹s
Rental Assistance, Item 111#5--Callahan¹s
Homeless Assistance & Prevention---Item 111#4--Thomas¹s

We at DAC appreciate your hard work and difficult decisions being made during these lean economic times but at the same time we must not forget about those without. Thanking you I remain.

Respectfully,

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

http://members.aol.com/DAC4VA/main.htm <--for links etc.
DAC
http://members.aol.com/DAC4VA/index.html <--Mission Statement

**Some people grin and bear it. Others smile and change it.**

D A C
Disabled Action Committee
14405 Artery Ln#11 - Dale City, VA 22193 - U.S.
Phone 703-878-1737 - Email: DAC4VA@aol.com

January 26, 2002

To Our Honorable Representatives,

Dear Delegates: Van Yahres, Almand, Amundson, Armstrong, Barlow, Baskerville, Bland, Brink, Christian, Councill, Crittenden, Darner, Hall, Hull, Johnson, Jones, D.C., Jones, J.C., Keister, Melvin, Miles, Moran, Petersen, Phillips, Plum, Pollard, Scott, Shuler, Spruill, Stump, Van Landingham, Watts and Woodrum.

Dear Senators: Colgan, Deeds, Howell, Puller and Saslaw:

The Disabled Action Committee for Virginia in conjunction with the Lynchburg Depressive Disorders Association respectfully requests that House Joint Resolution 299 "Honoring the memory of Carrie Buck" of which you are a patron/copatron be amended to include the following:

1. The expression of the Commonwealth's full APOLOGY for its involvement in eugenics;
2. A statement calling for the Bell v Buck decision to be overturned by the US Supreme Court;
3. A request that the United States Congress "memorialize" this country's eugenics victims.

The only legitimate way for the Commonwealth of Virginia to honor the memory of Carrie Buck and the other eugenics victims that she symbolizes is for the state to offer a full apology for its egregious involvement in this matter. As Ms. Buck has no living descendants to receive this honor, anything less than a full apology at this time will be patronizing. Unless HJ299 is amended to include the Commonwealth's full apology, it is hereby requested the Virginia House of Delegates and Senate defeat passage of this resolution.

Furthermore, it does not appear that bipartisan support was sought in establishing copatrons for the HJ299 resolution. This does not bode well for this resolution truly representing all of the citizens of Virginia.

We hope that Governor Mark R. Warner will be present in Charlottesville on May 2, 2002, to offer the state's official apology to all eugenics victims living or now deceased during the unveiling of the state's memorial to Carrie Buck and the other victims that she symbolizes.

Thank you for your full cooperation and participation in these efforts.

Respectfully,

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

Copies:
Honorable Mark R. Warner, Governor of Virginia
Phil Theisen, President, Lynchburg Depressive Disorders Association Inc.
Diane Shields, Monican Spokesperson
Paul Lambardo, UVA,
Jack Mills, President Elect, Virginia SCLC

D A C
Disabled Action Committee
14405 Artery Ln#11 - Dale City, VA 22193 - U.S.
Phone 703-878-1737 - Email DAC4VA@aol.com

November 28, 2001

To Our Honorable Delegates and Senators of Virginia:

Enclosed, please find DAC's recommendation wish list for the legislative session starting January 9, 2002. These are representative of the three highest priorities (in order) from people across the state. DAC urges you to consider amending or passing into law these recommendations. With the tight budget this year we are not asking for much but we can’t afford to lose any benefits either. If you would please return your responses/remarks concerning our requests to this e-mail or mail address, I will post them for everyone to see. Thank you for your ongoing and continued support for the Elderly and Persons With Disabilities.

Re: DAC’s proposed legislative changes:

#1- We need affordable housing to be put in place for the Elderly, Disabled, and lower income families in Virginia. Rents are increasing faster than the inflation rate or the yearly Social Security COLA'S and affordable housing for lower income families is skyrocketing far beyond our means to pay. A person can make house payments that are cheaper than rent but not everyone wants to buy or can qualify to buy a home. There is, however, a “NO COST” solution for the state to remedy this problem.

May we suggest that all ‘new’ apartment complexes over 75 units in size be mandated by law, to set aside 10% of their rentals for fixed and low income families at a 25% discount below fair market value. No water or sewage fees should be imposed on unmetered units. Today it's cheaper to purchase a home rather than pay the never-ending rental increases and associated costs. It's also next to impossible to find "real" accessible wheelchair apartments or housing anywhere in this state. So this request is crucial for it be acted upon at this next General Assembly session. We hope that Senator Colgan will reintroduce this bill with others signing on to help Patron or Co-Patron this bill and make this 3rd attempt the charm.

#2- The Medicaid Co-pay Waiver concerning the Co-pay that the "Elderly & Disabled" have to make, needs to be amended. It blatantly discriminates against the E&D populations. Why? Because if you were an HIV/AIDS stakeholder then you'd have no Co-pay unless your income exceeded 300% of the SSI level of $1,590 mo. The discrimination is that the ‘personal needs allowance’ shouldn’t differ from one specific group to another whether they are living or dying! There are no additional expenses that Medicaid wouldn’t cover and living expenses such as shelter, personal needs, etc., for the HIV/AIDS people are the same as they are for the E&D population.

We would like to see the monthly ‘personal maintenance allowance’ deduction be the same as the HIV waiver of 300% of SSI instead of the current 100% of SSI for CBC (community based care) services. As you are already aware there is no place in Virginia where a person can survive on only $531 mo as the Co-pay allows for 2001 or the $545 mo allowed for 2002, as compared to the $1,590 mo. allowed for the AIDS waiver recipients.

The E&D waiver came from a "state" mandate passed in 1982 and not from the Federal mandate which would allow the E&D to keep the same 300% of their SSI pensions to live on as the AIDS stakeholders receive today. By allowing the E&D the same ‘personal maintenance allowance’ as the AIDS waiver allows, it would save the state millions of dollars in the long run. Long Term Caseworkers would benefit by reduced workloads thus enabling them to assist other stakeholders with better productivity, less burn out, a higher retention rate of caseworkers and greater efficiency. It's time to right this terrible wrong.

#3- It’s imperative that the rate of pay for both DMAS and DRS (Dept. Rehabilitative Services) CD PAS (consumer directed personal care attendants) caregivers be increased to livable wages to help maintain a better quality of people in this ever shrinking field to choose from. A rate described by elected officials as the minimum basic survivable rate in N. VA of $10.33 per hr. (4yrs ago) would be better if adjusted to a minimum of $12-$13 per hour today and would certainly attract more people into this line of work. The cost to implement the pay raises could be made through a better operating Medicaid department, thus causing “NO” additional funding needs from the state. (healthcare plan available upon request)

The rest of the state needs to come within line of the N. VA pay scale just to provide adequate livable wages for our southern neighboring counties as well. With a pay scale of $7.75 per hr. or less in the southern regions it makes caregivers a much valued and hard to attain commodity. A group healthcare plan should also be initiated to attract and retain quality caregivers for our elderly and disabled loved ones.

We hope to hear from you about our requests and please keep us informed as to the status of each piece of legislation we suggested. Thank you for your time and lets have a very productive General Assembly session in January.

Sincerely,

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737

P.S. DAC also fully supports the Hearing Aid Bill that Arva and Senator Edd Houck have been working on for so long and for so hard to get passed. Senator Edd Houck is to be commended for his never tiring efforts of helping persons in need. We thank Senator Houck.

May 8, 2000

The Honorable James S. Gilmore, III,

Dear Governor Gilmore:

Although we realize that you had no hand in one of Virginia's most heinous acts upon mankind in this states history, DAC (disabled Action committee) would like for you, speaking on the state's behalf, to offer an apology to the many sufferers involved during the eugenics' movement. We along with many other disabled activists and advocates across the state think the state owes a public apology to all persons and family members affected by the eugenics movement.

Eugenics as you know, was a very poor attempt by certain medical professionals and government officials to sterilize the mentally disabled people MR, MI and anyone who was arbitrarily classified a mentally unfit in this state. Their thinking was that by stopping the mentally disabled from reproducing would end mental illnesses. The idea was not only moronic but completely without merit or any inkling of scientific study. As Virginia continues to crawl out from the dark ages of how they treat the disabled population in whole and realizing that mental illness has been known to affect such great minds and leaders as Albert Einstein and Abraham Lincoln to name a couple, we insist that all people must realize that anyone can suffer from a mental illness no matter what their status in life.

Virginia lags far behind in the ways and means for treating persons with mental illness and their general attitudes toward any person with a disability. Just because a person suffers from any type of disability doesn't mean that they have nothing of value to offer society. But mental illness still leaves a stigma attached to persons that suffer from this condition and if it weren't for many such great persons throughout past history that hid their mental illnesses, just think of where or what we may not be today.

Also of issue is the fact that the state would not allow the disabled on state property in Richmond to hold a candlelight vigil on April 17, 2000, on behalf of people with disabilities. The state had nothing to fear unless however you thought that myself or others were to hold the state hostage as I've been accused of in the past. There has never been a single incident of civil misconduct on the part of disability related consumer groups in Virginia's history. This incident did nothing to help overcome the sense of stigma which still envelopes people with mental or physical disabilities.

The disabled in Virginia respectfully request that you sponsor a resolution during the 2001 session of the Virginia General Assembly officially acknowledging the state's unfortunate involvement in eugenics and authorizing an official state apology to all the private individuals affected. Let us together as citizens of the Commonwealth lay this matter to rest. There is in fact a precedent in Virginia for such action, as such it is noted that a plaque is located on the grounds of Central State Hospital in remembrance of Gloria Huntley who died at that facility needlessly.

It's time to remember and learn from our mistakes lest we are bound to repeat them. Let us move forward in our resolve and attitudes towards the mentally disabled and the physically disabled. Great minds and ideas abound in the disabled communities of Virginia and it's way past time to utilize the talents that are being ignored.

Sincerely,

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

~DAC~ DISABLED ACTION COMMITTEE

cc/disabled advocates across the state
cc/disabled of Virginia, DAC members/friends
cc/handinet, mhconsumer
cc/delegates, senators of Virginia
CC: Special mention to Senator Newman, Delegates Bryant, Byron, Putney and Wilkins of the greater Lynchburg area.

Subj: Re: The Governors sustained VETO against the DRVD
Date: 04/23/2000 6:24:15 AM Eastern Daylight Time
From: ehouck@fls.infi.net (Edd Houck)
To: DAC4VA@aol.com

From Senator Edd Houck:

Like you I was disappointed in the Governor's actions on this landmark legislation. I hope you will remember how the Senate responded to the Governor's actions on Senator Barry's bill. There is hope that legislators with good hearts will prevail. Edd Houck

04/22/00

To DAC members/friends, Handinetter's and our Representatives:

In as much as it was expected that there would not be a 2/3 majority to override the Governors veto of HB 491, to make the Department for Rights of Virginian's with Disabilities (DRVD) an autonomous agency, we take notice and are very pleased with those legislators that voted to override the veto.

The legislators, that decided not to go against the Governors previous promises of protecting the disabled and voted to keep the DRVD a toothless watchdog agency, have lost our faith in them to put partisan politics aside when it comes to basic human rights issues.

It's a shame that politics has to intercede before that of a human life or a basic quality of care issue for any individual person despite their age, ability or disability. The protection of people in this state or nation should not be at the personal whims of any political figures ego. One day each of you may be faced with a situation that requires the service of a protection and advocacy agency that has the power within to serve and protect. Unfortunately it won't be this year as you erred in judgment.

DAC commends those of you that were courageous enough to stand up and fight for your constituents rights and wishes and we will be ever so grateful for your attempts to do the correct thing versus the political thing, it will not go unnoticed.

We must question however, how many more live's will it take or abuses to patient's that are unable to fend for themselves, before the Governor and those of you who blindly followed his lead, until we can have a truly effective P & A agency that will watch out for us? Virginia should be leading the way and not hiding behind the coattails of a Governor who has personally broken his word to me that things will change. The change promised and that we want is for the better, not the worse or the status quo.

Hopefully the next Governor will be a person of their word and our future legislators will respect the people's wishes. This is becoming more a possibility now than most of the "good ol' boys" may realize. Another year can mean many changes that will benefit all Virginian's. I think we have the will and wherewithal to last this past indiscretion out and see that our future leaders listen to the needs and rights of their constituents.

Sincerely,

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

Subj: HB 491
Date: 04/21/2000 7:30:20 PM Eastern Daylight Time
From: michele@mcquigg.com (Michele B. McQuigg)
To: DAC4VA@aol.com (Keith Kessler)

From Delegate Michele B. McQuigg:

Just to let you know that I have been reading all of the e-mails you've sent to me. I am sure that you are aware that I voted for overriding the Governor's veto of HB 491. However, the vote was only 57-41; a 2/3 majority is needed to override the veto.

The expression of your opinion, and many others like you, enables me to better represent the citizens. I carefully weigh citizen input in making my decisions.

I appreciate your taking the time to share your comments. I value your insight Your opinions and concerns are essential for a representative government.

Thank you,

Michèle

April 13, 2000

To Our Honorable Senators and Delegates:

RE: HB 491 - Independent Human Rights Agency

Dear Representatives:

We at DAC are very disappointed with the anticipated veto of HB 491 by Governor Gilmore, which blocks the establishment of DRVD as an independent protection and advocacy agency for the disabled citizens of Virginia. By vetoing HB 491 the Governor, in essence, is saying that the disabled do not need to be represented by an independent watchdog agency.

The current agency is unable to do its job because of fear and retribution from the Governor by being under his direct control. How could any agency work to it's best ability to protect the people if they were held in restraints? The DRVD has and continues to be a failure to the people it is supposed to protect and serve.

As long as the Governor can appoint at his/her pleasure, people who are obliged to be "yes" people to him, the Department for Rights of Virginian's with Disabilities will continue to be an ineffective agency to protect the disabled.

DAC and it's member/friends vehemently believe that all Virginians need a strong, independent advocate agency to protect all the vulnerable citizens in the state. For far to many years, too many of our citizens have died needlessly because we lack an advocacy agency that has the power to insist upon and protect us against much needed changes in the system and attitudes.

We ask that you, our Representatives, override the Governors veto of HB 491 and give us an independent protection and advocacy agency that will be far more aggressive and forceful in protecting the rights of our most vulnerable citizens in Virginia. Let our many voices be heard through you when you do this noble deed of overriding this veto and we shall be ever so watchful, aware, and appreciative as to who really does have our best concerns in mind.

Remember us on April 19th. Thank you.

Sincerely,

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737

Email: DAC4VA@aol.com

cc/dac members
cc/disabled Virginian's
cc/handinetter's
cc/private groups
cc/fellow Virginian's

Subj: Re: DRVD should become Independent and we urge you to overrride a veto!
Date: 03/09/2000 8:04:16 AM Eastern Standard Time
From: Del_Darner@house.state.va.us

To: DAC4VA@aol.com

Thanks. We're ready for the veto fight. Karen Darner, Arlington

03/08/00

To Our Honorable State Delegates and Senators:

Yesterday you made a brave and courageous decision with the House voting 62-35 to pass the Senate version of the legislation to make the DRVD an Independent Agency. (HB491) As it stands now DRVD is nothing more than a "toothless" watchdog agency and would remain that way if Governor Gilmore was to get his wish to place it under supervision of the Secretary of Administration.

Should Governor Gilmore veto HB491 as expected, then "we the people" of Virginia strongly urge you to override his veto attempts, by having each legislative chamber vote by a two-thirds majority to pass this Bill. It is our wish to protect the people of Virginia and by making the Department for Rights of Virginians with Disabilities "Independent" from the state is the only humanitarian and creditable way that this will ever happen.

We wish to thank those of you in the House and Senate that supported our efforts to get HB491 passed and a special thank you to Senator Steve Newman for all of his support for the Bill. This Bill is very important to hundreds of thousands of Virginians and we will be watching it's progress and who votes yea.

Protection of patients and available healthcare is a basic right of the people and partisan politics should be put aside when making decisions that directly affect the constituents that you are supposed to represent.

Thank you for doing the "correct" thing over the "political" thing and lets ensure that regardless of how Governor Gilmore may feel about this Bill, that you as our "voted" representatives, continue to voice our concerns and override a veto if you must.

With Warm Regards,

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737

Email: DAC4VA@aol.com

~DAC~ DISABLED ACTION COMMITTEE

cc/dac members/friends
cc/handi-netters

03/01/00

To All:

DAC received this email today from Delegate Mary T. Christian. We thank Delegate Christian for caring about her constituents and her open concern for us. Some of our representatives are listening and possibly or probably most are watching as our once muted voices becomes stronger each day. Lets hope that this is the beginning of a new era where our input does amount to something substantial. Thank you again Delegate Mary Christian, for taking the time to let us know that you are sincere and do listen to our concerns.

Keith Kessler - DAC
___________________

03/01/99

DAC:

Thank you for your interest in the House Bills named below. Legislature status is highlighted in blue. Open communication is essential for effective representation. Please continue to share your views regarding issues of interest or concern as we work to improve the quality of life for all of the citizens in our great Commonwealth.

Best Wishes!
Mary T. Christian

HB 491 Persons with mental retardation, devel. disabil., or mental illness.
Patron-Phillip A. Hamilton

Summary as passed House:

Persons with mental retardation, developmental disabilities, or mental illness. Revises the external human rights system for such persons. The Department for Rights of Virginians with Disabilities is removed from the executive branch and becomes an independent state agency renamed the Virginia Office for Protection and Advocacy. The bill creates a governing board for the Office consisting of eleven members who are appointed by the Governor and the General Assembly for staggered terms. This board shall hire the agency director who, in turn, shall retain legal counsel. The Office is given the authority to access facilities and programs, receive notification of deaths in state facilities and to protect the confidentiality of records. The Office will also monitor compliance with human rights regulations and make the reports available to the public. The bill establishes within the Office an ombudsman program and creates the Protection and Advocacy Fund. The bill contains technical amendments.

The bill is a recommendation of the Joint Subcommittee Studying the Future Delivery of Publicly Funded Mental Health,

Mental Retardation and Substance Abuse Services, HJR 225 (1998). 02/23/00
Senate: Rereferred to Education and Health

HB 1001 Regulations governing special education.
Patron-John A. (Jack) Rollison, III

Summary as introduced:

Regulations governing special education. Prohibits the Board of Education from promulgating regulations for special education programs that require any local school board to exceed the requirements of state law or federal law or regulations, unless, in the case of federal law or regulations, state law directs the Board to exceed federal requirements.

02/09/00 House: Continued to 2001 in Education (23-Y 0-N)

02/17/00

Dear Senators:

It's now crunch time and your heading for the home stretch. We are asking that you give your utmost consideration for the relay bill (HB 1054) which has been sent to the General Law Committee and will soon cross over to you for a final vote.

As members of the Senate General Laws Committee: Membership: Stosch (Chairman), Marye, Colgan, Houck, Lambert, Wampler, Miller, Y.B., Hawkins, Maxwell, Martin, Bolling, Schrock, Potts, Miller, K.G., Byrne. We would be pleased to see the VDDHH relay Bill passed at this years session. Enclosed is a brief explanation of how many people will be affected by the passage of HB 1054 and what it does.

-------------
- The total number of Virginians Benefiting from Outreach services from VDDHH has increased by over 300% between 1996 and 1999.
- Based on current projections, the 1999 figure will double in the year 2000.

Here are the exact numbers:
Fiscal Year 1996 8,306
Fiscal Year 1998 24,597
Fiscal Year 1999 32,330
Fiscal Year 2000 (for the first 6 mos. only) 36,926

Explanation:

(This amendment adds funds for additional staff, technical assistance, interpretation equipment, technology assistance, and public awareness materials so that the Department for the Deaf and Hard-of-Hearing can provide services to more hearing impaired persons.)

DAC hopes that you will support this Bill and we look forward to your ongoing support for Persons With Disabilities, that continues to enables us to become and stay active viable members in society. Thank you for your attention to this matter.

Sincerely,

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

RESPONSE

02/18/00

Thank you for your valuable comments. They will be very useful as I consider this legislation.
__________________________
Senator R. Edward Houck
District 17
Senate of Virginia

_____________________________________________

12/31/99 oldest to newest--> scroll down

To Our Honorable Delegates, Senators of VA and DAC members/friends,

Enclosed please find DAC's (disabled Action committee) recommendation wish list for the legislative session starting January 12, 2000. These are representative of the five highest priorities from people across the state. DAC urges you to consider passing into law these recommendations to assist us, just as we have done in backing some of you during this past year for election and/or reelection. We want to remember who our legislative friends are as we continue to grow stronger each year. If you would please return your responses/remarks concerning our requests to this e-mail or snail mail address, I will post them for everyone to see. Thank you for your ongoing and continued support for Persons With Disabilities.

Keith Kessler - DAC (disabled Action committee)
http://members.aol.com/DAC4VA/index.html
=======================

#1- The Medicaid Co-pay Waiver Amendment, concerning the Co-pay that the "Elderly & Disabled" have to make, needs abolished. It discriminates against the E & D populations. Why? Because if you were HIV+/ARS or Ml/MR, you'd have no Co-pay and could keep the Federally mandated 300% amount of your SSI or SSDI or any other pension money in excess of $1,455 mo. This is as opposed to the $500 mo. the E & D are allowed to exist on now should they require the same CBC (community based care) services. No where in VA can a person live on only $500 per month from this discriminating waiver. This is from a "state" mandate passed in 82' and not a Federal mandate, which would allow the E&D the same 300% to live on as the HIV+ and mentally ill receive. It's time to right this terrible wrong.

#2- Medicaid's DMAS should not be operated by appointed, ineffective directors that haven't a clue as to our 'real' health care needs. Who else would best know how to serve it's consumer base than the people within the community that work with or require these services? This would be cost effective by not dealing with people that are not attuned to the real needs of each individual. We also need to customize each individuals needs for supplies, services, etc.. because the system is set up to be robbed in it's present form and is not effectively serving their stakeholders as they should be. Real change is needed now!

#3- We'd like to see "Rent Controls" of sort, put in effect for the Elderly, Disabled, and lower income families in VA. Rents are increasing faster than the inflation rate or the yearly Social Security COLA'S and affordable housing for lower income families is skyrocketing far beyond our means to pay.

May we suggest that all apartment complexes or rentals/trailer lots over 25 units in size be mandated by law, to set aside 10% of their rentals for fixed and low income families at a 25% discount below fair market value. No water or sewage fees should be imposed on unmetered units. Today it's cheaper to purchase a home rather than pay the never-ending rental increases and associated costs. It's also next to impossible to find "real" accessible wheelchair apartments or housing anywhere in this state. So this request is imperative that it be enacted at the next General Assembly session.

#4- Group Homes are not only cost effective but a necessity statewide for the Severely Disabled and the Mentally ill. These homes along with the CD PAS (consumer directed, personal assistant services) are essential for helping to free up all the notorious problems within our state institutions. It would also help to prevent the unnecessary premature institutionalization of persons into a nursing facility that happen to be elderly or disabled.

NOTE: It takes 3 times as much money to institutionalize 1 person than it would to leave 3 people, that are able, to live "independently" with the help of a caregiver such as with the like's of the CD PAS programs. Medicaid's PAS program should be explained better so those people that are supposed implement it can do so. As it is now few Social Workers/Case Workers understand this program, so how are they to help get their client base enrolled onto the DMAS CD PAS program? We recommend more inservice training throughout the state concerning the PAS program service.

The PAS caregivers should also be allowed to stagger hours in group homes to attain complete coverage for 24hrs a day if needed. Group homes of 4 or less need no special zoning or permits and are greatly needed to unlock those forced to live the cruel life of being institutionalized.

The rate of pay for PAS caregivers also needs increased to livable proportions to help maintain good quality people in this field. A rate as described by elected officials as the minimum basic survivable rate in N. VA of $10.33-$12 per hour would certainly attract more people in this line of work, who are in great demand. The cost to implement the pay raises could be made through a better operating Medicaid department, thus causing NO additional funding needs from the state. (healthcare plan available upon request)

#5- Our final request is that we must do something about adult Medicaid and SSA. While we understand the problem with SSI, it is worse for those folks on SSA, such as poor people or the elderly persons. Some elderly cannot afford the $150 to $200 premium fee per month for supplemental insurance that would grant them a prescription card. And, for those disabled and under age 65, they are unable to receive any prescription insurance. People are forced to be either "indigent" and thus use only State pharmacy or hospitals/doctors, or go without medications.

Is this a choice that we as the most powerful country in the world must force people to make? I don't think so.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737

Website: http://members.aol.com/DAC4VA/index.html

Addendum Attached:

Outreach Funding Request - Outreach Funding Request - Honorable DelegateTerry Kilgore will be our patron in the House and Honorable Edd Houck will be our patron in the Senate for the hearing aid bills. Co patrons, Delegate Richard Cramwell - Delegate Vivian Watts.

Proposed that the General Assembly of the Commonwealth of Virginia allocate $2.5 million ($1.25 million per year) in General Funds to the Virginia Department for the Deaf and Hard of Hearing (VDDHH) to be used for Outreach Services respecting the unique needs of citizens of Virginia who are deaf, deafblind or hard of hearing and who use different modes of communication. Outreach services are to include education on prevention, a variety of issues, peer counseling, and independent living needs pertaining to people who are deaf, deafblind or hard of hearing.

Funds will be administered through the VDDHH by means of contractual agreements. They will be used to expand outreach services through private contracts with consumer controlled resource centers for deaf and hard of hearing people, Centers for Independent Living, and other organizations which meet the following criteria:

1. Demonstrated experience in providing effective outreach services to deaf, deafblind and hard of hearing people, including effective publicity to reach these populations.
2. Ability to communicate effectively in the diverse modes used by deaf, deafblind and hard of hearing persons and skill in obtaining accommodations.
3. Competence in use and demonstration of a broad range of technology used by deaf, deafblind and hard of hearing people.
4. Experience in training others about the needs and concerns of deaf, hard of hearing, and deafblind persons and their families.
5. Active staff recruitment of deaf, deafblind and hard of hearing people and their family members.
6. Knowledge of resources available such as financial assistance, equipment sources, and speech and hearing professionals.
7. Regular office hours in a facility that meets all federal, state, and local requirements for accessibility.
8. Experience in working cooperatively with organizations of, by, and for deaf, deafblind, and hard of hearing persons and their families.
9. Broad understanding of laws and policies that affect and protect deaf, deafblind and hard of hearing persons and their families.
10. Broad understanding of how deafness and hearing loss affect individuals and their families.
11. Demonstrated experience to provide unbiased information.

VDDHH STAFF AND OPERATIONS

-3 new staff at the Central Office in Richmond to provide training and support to new outreach contractors: Recommended positions are:

2 lead outreach persons (to work with Resource Centers, Centers for Independent Living and other contractors)
1 technical/administrative support position
Total: $178,753 for 3 positions

OUTREACH CONTRACTORS

- Additional staff for current contractors such as NVRC who are providing services beyond capacity.
- More support for underserved areas of Virginia who are currently not covered by outreach contracts.
Total: $250,000

TECHNICAL ASSISTANCE

- Support for people who have questions about equipment/technology
- Information for consumers to compare features of different pagers, signal systems, etc.
Total: $200,000

ACCOMMODATIONS

- CART and interpreting for meetings and events of support groups such as Self Help for Hard of Hearing People, Association of Late-Deafened Adults, Northern Virginia United for Deaf and Hard of Hearing Children, Virginia Chapter of Cochlear Implant Users, Virginia Association of the Deaf chapters.
Total: $150,000

EXPANSION OF TECHNOLOGY ASSISTANCE PROGRAM (TAP)

- Expansion of current TAP and TAPLOAN programs. Suggested additions: personal listening systems, assistive listening devices and systems that can be borrowed from TAPLOAN sites, devices such as fire alarm strobe lights, door knock devices, portable paging systems, hearing aid subsidies, and subsidies or adjustments to TAP to reflect the high cost of living in Northern Va.
Total: $110,000

LIBRARY MATERIALS

- Materials be loaned from the VDDHH library to outreach sites for use in presentations and training’s
Total: $61,247

PUBLIC AWARENESS

- Support for public information programs on prevention of hearing loss/preservation of hearing
- Support for public information materials -- fact sheets, advertising, guides for people who are deaf and hard of hearing and parents
- Website to disseminate information on services/activities for families
Total: $120,000

SUPPORT GROUPS/NETWORKS

- Peer counseling network/mentor programs for deaf and hard of hearing people and cochlear implant users.
- Programs for deaf and hard of hearing children to socialize
- Mentor programs for deaf and hard of hearing youth
Total: $100,000

TRAINING PROGRAMS

- Sign communication teacher education
- Cued speech teacher education
- Interpreter education
- Teaching/mentoring programs
- CART education
- Coping classes for hard of hearing and late-deafened people
- Technology classes on such topics as hearing aids, assistive listening devices.
- School programs for parents of deaf and hard of hearing children entering the school system (what is available and what to do if the system is not meeting your child’s needs)
Total: $80,000

Responses From The Representatives That Really Do Care

01/05/00

Keith,

Thanks for all of the information. Yes you can count on my help. I can assist with budget amendments in the Senate Finance subcommittee of Human Resources as well as the Hearing Aid bill. Edd Houck

[from Senator Edd Houck, response less than 1 week of receiving the above information. Impressing.]

01/15/00

To Members/Friends of DAC:

This is a letter I received from Senator Colgan regarding the rent gouging going on with the rental agencies and apartment complexes in Virginia. Following is my fax back to the Senator. I urge people to call, fax, or email their Representatives during this legislative session. This is one issue of DAC's wishlist. Thank you.

letter =====> From Senator Colgan

January 12, 2000

Senator Charles S. Colgan
GAB
Richmond, VA

Dear Keith:

I am writing concerning your request that legislation be introduced to require that Virginia apartment owners that have more than 25 units, set aside 10% of their apartments for low income or handicapped and senior citizens at a rental rate which is 25% below that charged to other tenants.

In order for this bill to pass, I think two things must be done. First it must be done as a Resolution requesting that the Virginia Housing Study Commission look at this idea and to make a recommendation to the General Assembly next year. Also, the legislation should be permissive allowing each locality to adopt an ordinance to implement this program.

I have requested that a Resolution be drafted by the Division of Legislative Services requesting that the Virginia Housing Study Commission do the study and make a recommendation to the General Assembly by December 15, 2000.

Sincerely,

Charles J. Colgan

letter =========> to Sen. Colgan from Keith:

D A C (Disabled Action Committee)
14405 Artery Ln#11
Dale City, VA 221193
Phone 703-878-1737 - Fax 703-730-9243

January 14, 2000

The Honorable Senator Charles J. Colgan
General Assembly Building
Richmond, VA
Fax (804) 698-7945

Dear Chuck:

I received your letter from January 12, 2000, concerning a Resolution requesting the Virginia Housing Study Commission to look at my idea to try and set aside a percentage of apartment units for the low income or handicapped and senior citizens of Virginia. Your suggestion of allowing each locality to be permissive to adopt an ordinance to implement this program is a very good idea. But, with the urgency needed in getting a Resolution passed, couldn't you suggest a ‘temporary’ Resolution during the interim period that the Study Commission will use?

Most people don’t realize just how many people in Prince William County this will affect, not to mention other localities such as Norfolk, Virginia Beach, Richmond, Lynchburg, Fairfax and numerous other cities across the state. The apartment owners and rental agencies are taking a real advantage of our booming economic times and the people in need just don’t have another year to wait for a maybe solution.

Take a look in our own Dumfries area, with the Chesapeake Apartments getting rid of persons on HUD vouchers, in order to get the higher paying, very transient population in this area. I’m not asking for free handouts, just fair and affordable housing for those persons not making hugh paychecks from the high tech industries. If we lose our lower paid people in the service industry then who will work those jobs?

I’d really appreciate it if you could at least put in some sort of temporary restraints until this issue can be studied in more detail by the Housing Commission. There are exceptions to every rule and a man with your seniority, experience and knowledge must have a few tricks up your sleeve. I would be glad to speak before any committee if that would help. Just ask and I’ll be there with a two day notice at least.

Would you please try to see if there is a viable temporary alternative? It would mean so much to so many. Thank you Senator Colgan, I certainly hope you can come up with something at this session. Please feel free to call me if you wish, I’ll help however I can.

Sincerely,

Keith Kessler

02/04/00

To All:

With Lou's permission to reprint her letter to answer my confusion and I'm sure yours, on SB 709 and HB 491 with a call for our representatives to vote YES on both, I'm enclosing Lou's letter. Lou has always shot straight with me and I've had a few other responses that were positive too, so I'll go along with this as well as DAC.

And we also want HB1001 to die!

Keith Kessler - DAC (disabled Action comittee)

P.S. Please don't send $1 donations to DAC anymore as the DAC Medical Supply Store will more than offset our needs. Thank you.

>>
02/03/2000 8:36:05 PM Eastern Standard Time
From: osalink@earthlink.net (Louisa Overstreet)

To: DAC4VA@aol.com

Keith,

First go and look at what I did yesterday for dac at www.freepressva.com It's about standing up to be counted.

I FIRMLY believe that someone filtered down this scare tactic to this faction group called PAIR. Over the past four years I have NEVER EVER heard of this issue coming up around the bills concerning a more independent P&A.

The answer is SUPORT the independence of the P&A and DO IT NOW Call your representative and support it, NOW... I am appalled at the appearance of this scare tactic to stop this bill which we all know the GOvernor does not want to go through. I am ashamed of it's appearance.

You may reprint and cirulate this as much as you possibly can. Lou...
>>

WE MUST HAVE A VOTE "YES" ON SENATE BILL 709 & HOUSE BILL 491
The The Honorable Warren E. Barry
Senate of Virginia
PO Box 396
Richmond, VA 23218

Phone number: 804/698-7537 anyone know the Senate email?

The Honorable Phillip A. Hamilton
House of Delegates
PO Box 406
Richmond, VA 23218

or email at Richmond to Del_hamilton@House.state.va.us

02/11/00

Attn. Delegates of the Disability Commission:
Attn. DAC members/friends:
Attn. Handinetters:

RE: Disability Commission (HJ 34) and your support.

To our Honorable Delegates listed below as members of the rules committee concerning the fate of the Disability Commission i.e.. HJ 34. We the people of the state of Virginia strongly urge for your continued support for HJ 34. As members of DAC (disabled Action committee), friends, and fellow advocates across Virginia, we are very concerned that you may plan to stifle the voices of the disabled. This would be a very unwise decision because each of you received a letter from DAC prior to the Legislative Session, explaining our concerns for Persons With Disabilities and we are growing stronger each day as a group to unite in a common cause for each other.

I hope that you plan to support HJ 34 and allow PWD's to continue having a voice in the legislative process. As always we will be watching who is friendly to our cause and we shall reciprocate in kind. Please don't try to shove our collective voices away as that would be a very negative gesture to "we the people" who vote for you, our representatives, to represent us in a fair and equitable fashion.

Lets continue working together for a common cause of "Freedom, Independence and Choice" for those less fortunate in Virginia. Thank you for your attention and for your continued support for HJ 34.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737