CHAPTER 18. EDUCATION.
WVC 18 - 17 -
ARTICLE 17. WEST VIRGINIA SCHOOLS FOR THE DEAF AND THE BLIND.
WVC 18 - 17 - 1
§18-17-1. Continuation; management; minimum salary scale for all
The West Virginia schools for deaf pupils and blind pupils
heretofore established and located at Romney, in Hampshire
County, shall be continued and shall be known as the "West
Virginia schools for the deaf and the blind." The schools shall
be maintained for the care and education of the deaf youth and
blind youth of the state. The educational or business affairs
of the schools shall be under the control, supervision and
management of the state board of education, and the state board
shall employ the superintendent, principals, teachers and other
employees and shall fix the yearly or monthly salary to be paid
to each person so employed.
The minimum salary scale for said principals, teachers and
other employees shall be the same as set forth in sections two,
three and eight-a, article four, chapter eighteen-a of this code.
WVC 18 - 17 - 2
§18-17-2. Admission and record of applicants; special programs and
Deaf and/or blind youth residents in the state, between the
ages of five and twenty-three, inclusive, shall be enrolled in the
schools on application to the superintendent, until the schools are
filled. Applicants shall be admitted by the superintendent on the
basis of need and degree of impairment as determined by the
schools' admissions committee. It shall be the duty of the
superintendent to keep a careful record of the names of all
applicants with the dates of their admission and discharge, their
ages, post-office addresses, the names of their parents or
guardians, and the degree, cause and circumstances of their
deafness or blindness.
Nothing in this section shall be construed to prevent the
school from providing special education programs including, but not
limited to, classes, parent education, home teaching or visiting
teacher services for deaf and blind children from birth. The
schools may also enter into contractual arrangements with counties
to provide evaluation, short-term instruction and other educational
services, including direct instruction.
Any deaf or blind youth who is not a resident of the state of
West Virginia may apply to the state board for admission to the
school. The state board may approve such admission: Provided,That such youth shall be required to pay all related costs of
attending the school.
WVC 18 - 17 - 3
§18-17-3. Tuition, board and clothing of pupils; indigent
All such deaf pupils and blind pupils shall be admitted to
the schools without charge for board and tuition. When not
otherwise provided with clothing they shall be furnished
therewith by the institution while they are pupils therein, and
the superintendent shall make out an account therefor in each
case against the county where the pupil receiving the clothing
resided at the time the clothing was furnished, in an amount not
exceeding seventy-five dollars per annum for any one pupil, which
account shall be sworn to by the superintendent and countersigned
by the business manager and shall be transmitted by the
superintendent to the auditor of the state, who shall forward a
copy thereof to the clerk of the county court of such county. The
county court shall, at its next levy term, provide for the
payment of the same and cause the amount to be paid directly to
the West Virginia schools for the deaf and the blind to be
deposited into the indigent clothing fund. All money so received
shall be disbursed upon requisitions for the payment of accounts
incurred thereunder. If any such accounts are not paid within a
reasonable time after such levy term, it shall be the duty of the
auditor to collect the same.
WVC 18 - 17 - 4
§18-17-4. Period of attendance; special admissions.
The pupils of said schools may continue therein until
completion of the prescribed course of study, or a lesser period
of time which the condition and progress of the pupils may
justify, as determined by the state board of education upon
recommendation of the school's superintendent. After all
applicants between the prescribed ages of five and twenty-three
years, inclusive, who are deaf or blind individuals working
toward completion of the requirements for high school graduation
have been enrolled, if there are additional accommodations, the
superintendent, on recommendation of the admissions committee,
may enroll other deaf pupils and blind pupils who first are of
preschool age, and second are post-secondary students up to
twenty-three years of age who have completed the requirements for
high school graduation, and upon such terms as the state board of
education may prescribe; but it shall be distinctly understood
that such persons shall withdraw from the institution in the
order of their admission to make room for new applicants between
the ages prescribed in section two of this article.
Vocational education and other educational services may be
provided for deaf and blind students beyond age twenty- three in
cooperation with the division of vocational rehabilitation.
WVC 18 - 17 - 5
§18-17-5. Course of instruction.
The course of instruction in the institution shall be
prescribed by the state board of education with the advice of the
superintendent, and shall be as extensive in the intellectual,
musical, vocational, and prevocational departments as the
capacities and interests of the pupils may require.
WVC 18 - 17 - 6
§18-17-6. Registration of deaf and blind by assessors.
In addition to their other duties the county assessors of
the state are hereby required to register the names of all deaf
persons and blind persons under eighteen years of age in their
respective counties, with the degree and cause of deafness and
blindness in each case, as far as can be ascertained from the
heads of the families or from other persons whom the county
assessors may conveniently consult, their ages, the names of
their parents or guardians, their post-office addresses, and such
other facts as may be useful in making the institution efficient
in the education of the deaf and of the blind. They shall
complete the registration on or before June one of each year and
forward their report to the state superintendent of schools and
to the superintendent of the West Virginia schools for the deaf
and the blind on or before July one of each year. The
superintendent shall immediately communicate with the parents or
guardians of all the deaf persons and the blind persons mentioned
in the assessor's report, with a view of their admission as
pupils into said schools.
WVC 18 - 17 - 7
§18-17-7. Sale of lands; application of proceeds.
The state board of education may, from time to time, sell
and transfer such part or portion of the lands comprising the
West Virginia schools for the deaf and the blind as the board may
deem surplus to the needs of such schools, and shall expend the
proceeds therefrom for the maintenance, operation and improvement
of such schools.
WVC 18 - 17 - 8
§18-17-8. Continuing contract status established; dismissal and
Before entering upon their duties, all teachers shall execute
a contract with the state board, which contract shall state the
salary to be paid and shall be in the form prescribed by the state
superintendent. Every such contract shall be signed by the teacher
and by the president and secretary of the state board.
A teacher's contract, under this section, shall be for a term
of not less than one nor more than three years; and if, after three
years of such employment, the teacher who holds a professional
certificate, based on at least a bachelor's degree, has met the
qualifications for the same, and the state board enter into a new
contract of employment, it shall be a continuing contract.
Notwithstanding any other provisions of law, the state board
may suspend or dismiss any teacher, auxiliary personnel or service
personnel, subject to the provisions of this article, for
immorality, incompetency, cruelty, insubordination, intemperance or
willful neglect of duty. The charges shall be stated in writing
and the teacher, auxiliary personnel or service personnel affected
shall be given an opportunity to be heard by the state board,
sitting as a hearing board, or by an assigned hearing examiner
employed by the state board to preside at the taking of evidence
upon not less than ten days' written notice. A hearing examiner
shall prepare his or her own proposed finding and recommendation,
make copies of the findings available to the parties and then submit the entire record to the state board for final decision.
The state board shall set a time and place for hearing of arguments
by the parties on the record at a regular meeting of the state
board or at a special meeting called for that purpose and shall
deliberate and issue a decision at the conclusion of arguments.
Written notice of the final decision shall be served within five
days of the state board's consideration of the matter.
WVC 18 - 17 - 9
§18-17-9. Employment of auxiliary and service personnel,
dismissal and suspension procedures.
The state board is authorized to employ such auxiliary and
service personnel as is deemed necessary for meeting the needs of
the schools for the deaf and blind. Before entering upon their
duties such personnel shall execute with the board a written
contract which may be in a letter form and shall state the
classification and terms of work, the employment period and pay,
and shall certify that said employment has been made a matter of
minute record. The letter shall provide space for an acceptance
provision and shall be signed and returned to the board by the
employee, or otherwise he shall forfeit his right to employment.
After three years of acceptable employment each auxiliary
and service personnel, at the end of his contractual period of
employment shall be notified in writing on or before the first
day of May in the year in which such employment shall terminate
if he is not to be reemployed for the ensuing year. Such notice
shall be by certified mail, return receipt requested, and the
employee shall have the right of a hearing before the state
board, if requested, before final action is taken by the board
upon the termination of such employment.