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Chapter 18     Entire Code
‹ Chapter 17G  |  Chapter 18A › Printer Friendly Versions
Chapter 18  |  Article 18 - 10B  |  Section 4

1 - DEFINITIONS; LIMITATIONS OF CHA

2 - STATE BOARD OF EDUCATION

2A - ADOPTION OF TEXTBOOKS, INSTRUC

2B - AREA VOCATIONAL PROGRAM

2C - HARASSMENT, INTIMIDATION OR BU

2D - COMMUNITY EDUCATION

2E - HIGH QUALITY EDUCATIONAL PROGR

2F - INCENTIVES AND RESULTS BASED S

2G - SCHOOL LIBRARY MEDIA IMPROVEME

2H - PUBLIC NOTICE AND PARTICIPATIO

2I - STAFF DEVELOPMENT COUNCILS

2J - PUBLIC AND HIGHER EDUCATION UN

2K - THE DIABETES CARE PLAN ACT

3 - STATE SUPERINTENDENT OF SCHOOLS

4 - COUNTY SUPERINTENDENT OF SCHOOL

5 - COUNTY BOARD OF EDUCATION

5A - LOCAL SCHOOL INVOLVEMENT

5B - SCHOOL INNOVATION ZONES ACT

5C - COMMITTEE REORGANIZATION AND C

5D - West Virginia Feed to Achieve

6 - DRIVER EDUCATION

7 - ADULT LITERACY EDUCATION PROGRA

7A - STATE TEACHERS RETIREMENT SYST

7B - TEACHERS' DEFINED CONTRIBUTION

7C - MERGER OF TEACHERS' DEFINED CO

7D - VOLUNTARY TRANSFER FROM TEACHE

8 - COMPULSORY SCHOOL ATTENDANCE

8A - ATTENDANCE OF HOMELESS CHILDRE

9 - SCHOOL FINANCES

9A - PUBLIC SCHOOL SUPPORT

9B - STATE BOARD OF SCHOOL FINANCE

9C - STATE AID FOR CONSTRUCTION

9D - SCHOOL BUILDING AUTHORITY

9E - AIR QUALITY IN NEW SCHOOLS ACT

9F - SCHOOL ACCESS SAFETY ACT

10 - FEDERAL AID AND GIFTS FOR EDU

10A - REHABILITATION SERVICES

10C - THE SOUTHERN REGIONAL EDUCAT

10D - COMPACT FOR EDUCATION

10E - INTERSTATE COMPACT ON QUALIF

10F - DISABLED PERSONS AND PUBLIC

10F - INTERSTATE COMPACT ON EDUCAT

10G - PROVIDING OF FOOD SERVICE IN

10H - ALBERT YANNI PROGRAMS OF EXC

10I - WEST VIRGINIA SUPPORTED EMPL

10J - BLIND PERSONS' LITERACY RIGH

10K - WEST VIRGINIA TRAUMATIC BRAI

10L - RON YOST PERSONAL ASSISTANCE

10M - WEST VIRGINIA INDEPENDENT LI

10N - INFORMATION TECHNOLOGY ACCES

10O - DISABILITY HISTORY WEEK

11 - WEST VIRGINIA UNIVERSITY

11A - REVENUE BONDS FOR UNIVERSITY

11B - REVENUE BONDS FOR UNIVERSITY

11C - WEST VIRGINIA UNIVERSITY HOS

11D - REVENUE BONDS FOR WEST VIRGI

11E - REVENUE BONDS FOR MARSHALL U

12 - STATE TEACHERS' COLLEGES

12A - REVENUE BONDS FOR MARSHALL U

12B - REVENUE BONDS FOR STATE INST

13 - West Virginia EDGE

13 - WEST VIRGINIA STATE COLLEGE

14 - BLUEFIELD STATE COLLEGE

15 - WEST VIRGINIA INSTITUTE OF TE

16 - ANTIHAZING LAW

17 - WEST VIRGINIA SCHOOLS FOR THE

18 - WEST VIRGINIA SCHOOL FOR THE

19 - EDUCATIONAL OPPORTUNITIES FOR

20 - EDUCATION OF EXCEPTIONAL CHIL

21 - SPECIAL COMMUNITY-BASED PILOT

21 - UNDERWOOD-SMITH TEACHER SCHOL

22 - HIGHER EDUCATION FULL-TIME FA

22A - EMINENT SCHOLARS ENDOWMENT T

22B - STATE SCHOLARSHIP PROGRAM

22C - STATE AID FOR STUDENTS ATTEN

22D - HIGHER EDUCATION STUDENT ASS

22E - DISTINGUISHED PROFESSORS END

23 - ADDITIONAL POWERS, DUTIES AND

24 - FEES AND OTHER MONEY COLLECTE

25 - TAX DEFERRED INVESTMENTS FOR

26 - WEST VIRGINIA BOARD OF REGENT

26A - STATE AUTISM TRAINING CENTER

26B - CLASSIFIED EMPLOYEE SALARY S

26C - INSTITUTE FOR PUBLIC AFFAIRS

26D - INSTITUTE FOR INTERNATIONAL

27 - WEST VIRGINIA EDUCATION LOAN

28 - PRIVATE, PAROCHIAL OR CHURCH

29 - GRIEVANCE PROCEDURE

30 - WEST VIRGINIA COLLEGE PREPAID

31 - RESEARCH AND DEVELOPMENT AGRE

32 - SEVERABILITY

WVC 18- CHAPTER 18. EDUCATION.
WVC 18 - 10 B- ARTICLE 10B. VOCATIONAL REHABILITATION FACILITIES.

WVC 18 - 10 B- 1 §18-10B-1. Definitions.
As used in this article:

(1) "Vocational rehabilitation facility" means a facility which is operated for the primary purpose of providing vocational rehabilitation services to, or gainful employment for, handicapped individuals, or, for providing evaluation and work adjustment services for disadvantaged individuals, and which provides singly or in combination one or more of the following services for handicapped individuals: (a) Comprehensive rehabilitation services which shall include, under one management, medical, psychological, social, and vocational services; (b) testing, fitting, or training in the use of prosthetic and orthopedic devices; (c) provocational conditioning or recreational therapy; (d) physical and occupational therapy; (e) therapy for speech and hearing pathology; (f) psychological and social services; (g) evaluation; (h) personal and work adjustment; (i) vocational training (in combination with other rehabilitation services); (j) evaluation or control of special disabilities; and (k) extended employment for the severely handicapped who cannot be readily absorbed in the competitive labor market; but all medical and related health services must be prescribed by, or under the formal supervision of, persons licensed to practice medicine or surgery in the state.

(2) "Workshop" means a particular type of vocational rehabilitation facility where any manufacture or handiwork is carried on and which is operated by a public agency or by a private corporation or association, no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or individual, or by a cooperative, for the primary purpose of providing remunerative employment to disabled persons (a) as an interim step in the rehabilitation process for those who cannot be readily absorbed in the competitive labor market; or (b) during such time as employment opportunities for them in the competitive labor market do not exist; or (c) for providing vocational evaluation and work adjustment services for disadvantaged persons.

(3) "Cooperative" means an association, or membership corporation, whose membership is limited to disabled individuals and which is organized and operated on a cooperative basis for the exclusive benefit of its members and, by its charter or bylaws, is required to divide any profits, realized from the operation of workshops operated by it and not reinvested in such workshops, among its disabled members actually working therein.

(4) "Nonprofit institution" means a corporation or association no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(5) "State board,""division," and "director" shall have the same meaning as in article ten-a of this code.

WVC 18 - 10 B- 2 §18-10B-2. Establishment of state vocational rehabilitation facilities.
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 necessary lands, and the construction, expansion, remodeling, or alteration and equipment of necessary buildings; or, for any particular facility, the making of contracts and agreements with any state, county, or municipal agency, or nonprofit institution providing for the equipment, operation or maintenance by the state board, through the division, of any facility of such agency or institution in accordance with, and for the purpose of this article: Provided further, That notwithstanding any other provisions of law, the state board, through the division, shall, itself, properly operate, maintain, repair, and manage and control the fiscal affairs of vocational rehabilitation facilities established pursuant to this section: Provided further, That the state board, through the division, is authorized and empowered to make and enter into all contracts and agreements necessary and incidental to the performance of its powers and duties under this section, in connection with which it is also authorized and empowered to cooperate with other agencies of the state.

WVC 18 - 10 B- 2 A §18-10B-2a. Advance payment to facilities.

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 consideration to be necessary for the initiation or continuation of such workshops. Such advance payments shall be for a period no greater than ninety days in advance of rendition or continuation of rehabilitation services provided by the public or private nonprofit sheltered workshop.

WVC 18 - 10 B- 3 §18-10B-3. Establishment of local vocational rehabilitation facilities.
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 rehabilitation facilities for disabled persons: Provided, That to establish vocational rehabilitation facilities includes the acquisition by purchase, lease, gift, or otherwise, of necessary lands, and the construction, expansion, remodeling, or alteration and equipment of necessary buildings.

WVC 18 - 10 B- 4 §18-10B-4. Rules and regulations.
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 necessary for cooperation under and compliance with any existing or future federal statutes pertaining to grants-in-aid for vocational rehabilitation facilities.

WVC 18 - 10 B- 5 §18-10B-5. Cooperation with federal government in vocational rehabilitation facility program.
The state board, through the division, is hereby designated the sole state agency to cooperate with the federal government in any federal program relating to the establishment, operation and maintenance of vocational rehabilitation facilities; and is hereby authorized and empowered to adopt and supervise the administration of such a statewide plan, or such statewide plans, for the establishment of vocational rehabilitation facility or workshop programs as may be necessary to comply with the requirements and conditions of federal law with respect to federal grants-in-aid for such purposes.

WVC 18 - 10 B- 6 §18-10B-6. Cooperation with state department of health.
The state board, through the division, and the state department of health shall cooperate to assure coordination of the vocational rehabilitation facility program under this article with the hospital construction program provided for under chapter sixteen, article one, section fourteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended.

WVC 18 - 10 B- 7 §18-10B-7. Personnel.
The director shall appoint in accordance with chapter eighteen, article ten-a, section five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all personnel he deems necessary for the efficient and economical operation and maintenance of vocational rehabilitation facilities established, operated and maintained pursuant to section two of this article.

WVC 18 - 10 B- 8 §18-10B-8. Advisory committee.
There shall be an advisory committee of not less than five and not more than ten members to serve as advisors and consultants to the director of the division. The committee shall meet at least twice each year and at the call of the director of the division. The members of the committee shall annually elect one of its members to serve as chairman.

The advisory committee shall be appointed by the director, by and with the advice and consent of the state board, and shall include among its members representatives of state and nongovernmental agencies concerned with the establishment, operation or utilization of vocational rehabilitation services and facilities, and at least one of the members shall be a person well versed in problems related to employment of the disabled.

The members shall serve for five-year terms, or until replaced, except that in the first year one fifth of the members shall be named for a one-year term, one fifth for a two-year term, one fifth for a three-year term, one fifth for a four-year term, and one fifth for a five-year term. Thereafter each member shall be appointed for five years or until his successor is appointed. In the case of a vacancy the appointee shall serve the remainder of the unexpired term.

Members of the advisory committee shall be eligible to succeed themselves. Members of the advisory committee shall serve without compensation but shall be entitled to reimbursement for all reasonable and necessary expenses actually incurred in the performance of the duties of their office.

WVC 18 - 10 B- 9 §18-10B-9. Contracts for supplying goods and services; remuneration to client; vocational rehabilitation industries account.
Whereas, it is considered to be an essential part of any complete rehabilitation program to provide remunerative employment to severely handicapped or blind persons in order to prepare them to take their place in the competitive labor market, the division is hereby authorized to:

(a) Enter into contracts with any person, firm, corporation or association for the provision of goods and services by the division;

(b) Provide remuneration to the clients of the division from the proceeds of said contracts based upon standards established by the director of the division: Provided, however, That said clients so paid shall in no way be considered employees of the state for any purpose whatsoever. To effectuate the provisions of this section, there is hereby created a special revolving account in the office of the state treasurer designated "vocational rehabilitation industries account." All moneys collected by the division from the sale or disposition of articles, products manufactured, and services provided by the clients of the division in accordance with the provisions of this article shall be deposited in said special account, and shall be used solely for the purchase of manufacturing supplies, equipment, machinery and materials used to carry out the purposes of this article, as well as for the payment of remuneration to the clients of the division who are utilized in the manufacture of said products or articles. The division may deposit into said account an initial amount which the director determines necessary to establish the program herein authorized and may deposit additional amounts in said account as from time to time may become necessary to continue said program. All funds so deposited shall be from moneys appropriated therefor, or which are made available by the federal government or other sources for such purposes.

WVC 18 - 10 B- 10 §18-10B-10. Authorized rental of State Vocational Rehabilitation facilities.
Notwithstanding any other provision of this code to the contrary, the Director may allow school groups and other youth or civic organizations or groups to use state vocational rehabilitation facilities and shall charge and collect a reasonable rent for the facilities: Provided, That all such rental revenue shall be used exclusively to defray the cost, maintenance and repair or replacement of the vocational rehabilitation facilities.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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