Chapter 18, Chapter 18

The treasurer of this state shall be the custodian of all moneys received by the state from appropriations made by any of the original or supplemental acts of Congress mentioned or referred to in sections two to six, inclusive of this article, and of all moneys received by the st…

It shall be unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program and in accordance with regulations, for any person or persons to solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate i…

The West Virginia Library Commission, established by section twelve, article one, chapter ten of this code, is hereby authorized and empowered to accept for the State of West Virginia any appropriations of money for rural library service, and for similar library purposes, that ma…

(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state. (1) On or after the effective date of the compact specified in subsection (a) of this section, the commission shall convene and review the enactment of…

The treasurer of this state shall be the custodian of all moneys received by the state from appropriations made by any of the original or supplemental acts of Congress mentioned or referred to in section eleven of this article, and specifically of all moneys received by the state…

(a) This compact and the commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be …

The division, under the direction of any federally mandated board, commission, or council appointed by the Secretary of the Department of Commerce, is authorized and directed to cooperate with the federal government in providing vocational evaluation and work adjustment services …

(a) The workers' compensation commission shall create a classification and calculate a base premium tax rate for clients of the Division of Rehabilitation Services participating in unpaid work-based training programs within integrated community-based settings. The workers' compen…

The governing board of each state educational institution is hereby authorized and empowered to comply with all provisions of federal law necessary to permit participation by such institution in the federal student loan program established by the "National Defense Education Act o…

The disability determination section of the division of vocational rehabilitation created pursuant to the provisions of section three, article ten-a, chapter eighteen of this code, is hereby continued and shall be named the social security disability determination section. The so…

(a) Nothing in this article shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact. (b) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the compact are superseded to the…

In addition to duties imposed by other federal and state laws, the assistant director shall: (1) Ensure that each client of the agency who is denied benefits is (a) Advised of his right to appeal an agency decision to an administrative law judge, (b) Advised of proper procedures …

(a) The Center for Excellence in Disabilities shall maintain a central registry of persons who sustain severe head injury other than through disease, whether or not permanent disability results, in order to facilitate the provision of appropriate services through referral and col…

For the purposes of this article: (a) "Active participation" means an ongoing process of negotiations between the Division of Vocational Rehabilitation and the Committee of Blind Vendors to achieve joint planning of policies, procedures, and standards affecting the overall operat…

The West Virginia Board of Education shall establish by July 1, 1990, an annual academy for talented vocational-technical education students, including a foundation for receiving private financial support. The purposes of the academy are to stimulate and reward student commitment…

(a) "Competitive work" means work performed weekly on a part-time or full-time basis, as determined in each individualized written rehabilitation program, and for which compensation is consistent with the wage standards provided for in the Fair Labor Standards Act. (b) "Division …

The following words used in this article shall be construed as follows: (a) "Blind or visually impaired child" means an individual who is eligible for special education services and who: (1) Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a l…

(a) It is hereby declared to be the public policy of this state that: (1) Availability of personal assistance services for persons with disabilities should be increased to enable them to live in their own homes and communities; (2) Recipients of personal assistance will be those …

The Legislature hereby finds and declares the following: (1) The state recognizes the value of independent living services in maximizing the ability of people with disabilities to live more independently in their own homes and communities. (2) Persons with disabilities have the b…

The following words have the meanings indicated: (a) "Access" means the ability to receive, use and manipulate data and operate controls included in information technology. (b) "Blind or visually impaired individual" means an individual who: Has a visual impairment that, even wit…

The Legislature finds that: (1) According to the two thousand United States Census over four hundred thousand West Virginians have disabilities, which is nearly twenty-four percent of the state's general population; (2) In order to ensure the full inclusion of people with disabil…

The purpose of this article is to help high school students make more informed decisions about their futures and ensure they are adequately aware of the costs and benefits of certificate programs, vocational programs, two-year college, four-year college, and other alternative car…

The effective date of this article shall be July 1, 1969.

In pursuance of Article III A of said compact, there shall be seven members of the education commission of the states from the State of West Virginia consisting of the Governor and four persons appointed by the Governor, by and with the advice and consent of the Senate, who shall…

Immediately upon the enactment hereof, the Governor shall sign and send to the Governor of each state that is a party to the above compact an engrossed copy of this article.

(a) The Division of Rehabilitation Services is transferred to the Department of Commerce created in §5F-1-1 et seq. of this code. The secretary shall appoint any board, commission, or council over the division to the extent required by federal law to qualify for federal funds for…

The Interstate Compact on Educational Opportunity for Military Children is hereby enacted into law and entered into by the State of West Virginia with any and all states legally joining therein in accordance with its terms, in the form substantially as follows: INTERSTATE COMPACT…

The state of West Virginia hereby renews its assent to the provisions and purposes of the act of Congress of March second, eighteen hundred and eighty-seven, entitled "An act to establish agricultural experiment stations in connection with the colleges established in the several …

The state board, through the division, is authorized and empowered to establish, operate, and maintain vocational rehabilitation facilities: Provided, That to establish vocational rehabilitation facilities includes the acquisition by purchase, lease, gift, or otherwise, of necess…

“Active Military Member” means any person with full-time duty status in the armed forces of the United States, including members of the National Guard and Reserve. “Adverse Action” means disciplinary action or encumbrance imposed on a license by a state licensing authority. “Alte…

(a) Notwithstanding any other provision of this code to the contrary, beginning July 1, 2012, rehabilitation teachers shall be paid at the equivalent rate of pay of teachers, pursuant to section two, article four, chapter eighteen-a of this code. Rehabilitation teachers shall be …

Notwithstanding section ten, article three, chapter twelve of this code, the director of the division of vocational rehabilitation is authorized to make advance payments to public and private nonprofit sheltered workshops when it has been determined by the director after serious …

Beginning with the school year one thousand nine hundred eighty-nine--ninety, the state Board of Education shall establish a scholarship program for outstanding secondary vocational-technical education graduates to pursue additional post-secondary college work in a related career…

The division shall be administered, under the general supervision and direction of the Secretary of the Department of Commerce or, if required by federal law his or her designated state board, by a director appointed by the secretary, or if required by federal law his or her desi…

(a) Within the available funds as appropriated by the Legislature, the Division of Rehabilitation Services shall establish a model supported employment program in an unserved area of the state. The model program shall be selected through a request for proposal process including p…

In developing the individualized education program for a child who is blind or visually impaired, the individualized education program team shall provide for the child to receive instruction in braille and the use of braille unless the individualized education program team determ…

The following words and phrases, when used in this article, have the following meanings unless the context clearly indicates otherwise: (1) "Personal assistance services" means: (A) Those basic and ancillary services that enable eligible individuals to live in their homes and com…

Counties and municipalities in accordance with rules, regulations and standards made and adopted by the director, individually or jointly with any one or more such counties or municipalities are authorized and empowered to establish, operate, and maintain necessary vocational reh…

The purpose of this article is to authorize, facilitate or provide for services and activities that will enable individuals with disabilities to live as independently as possible in their own homes and communities; to promote the philosophy of independent living, including consum…

(a) On or before September 1, 2001, the Purchasing Division of the Department of Administration shall develop nonvisual access standards for information technology systems employed by state agencies that: (1) Provide blind or visually impaired individuals with access to informati…

The following information, to the extent available, shall be collected and compiled by the State Board of Education, in collaboration with the Higher Education Policy Commission and the Council for Community and Technical College Education, on an annual basis: (1) The most in-dem…

(a) To be eligible to join this compact, and to maintain eligibility as a member state, a state shall: (1) Enact a compact statute that is not materially different from the model compact as defined in the commission’s rules; (2) Participate in the sharing of information with othe…

(a) If a governmental agency proposes operating in a public office building a food service facility, whether such operation be of a food service facility in existence on the effective date of this article or be one thereafter to be instituted, the governmental agency, before cont…

The state of West Virginia hereby renews its assent to the provisions and purposes of the act of Congress of August thirtieth, eighteen hundred and ninety, entitled "An act to apply a portion of the proceeds of the public land to the more complete endowment and support of the col…

There is hereby established the "West Virginia education council" composed of the members of the education commission of the states representing this state. The chairman shall be designated by the Governor from among its members. The council shall meet on the call of its chairman…

The purpose of this article is to increase the awareness and understanding of the history and contributions of people with disabilities in the state, nation and world by designating the annual observance of the third week of October as Disability History Week.

The state of West Virginia hereby renews its assent to the provisions and purposes of the act of Congress of May eighth, nineteen hundred and fourteen, entitled "An act to provide for cooperative agricultural extension work between the agricultural colleges in the several states …

Terms used in this article have the same meanings as those provided in the federal Rehabilitation Act, as amended, as follows: (a) “Consumer control” means circumstances in which individuals with disabilities having decision-making authority. (b) “Council” means the Statewide Ind…

The director shall make and adopt rules, regulations, and standards for the establishment, operation and maintenance, government and control of vocational rehabilitation facilities established pursuant to this article, including such rules, regulations and standards as may be nec…

The division of vocational rehabilitation shall issue a license for the operation of a food service facility to any blind person who qualifies for a license in accordance with the criteria which has been established by the division of vocational rehabilitation and the committee o…