Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

West Virginia Code

Search

Chapter 18     Entire Code
‹ Chapter 17G  |  Chapter 18A › Printer Friendly Versions
Chapter 18  |  Article 18 - 10J  |  Section 2

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

10B - VOCATIONAL REHABILITATION FA

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
    18 - 10 J- 1
    18 - 10 J- 2
    18 - 10 J- 3
    18 - 10 J- 4
    18 - 10 J- 5
    18 - 10 J- 6

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 18-10J- ARTICLE 10J. BLIND PERSONS' LITERACY RIGHTS AND EDUCATION ACT.

WVC 18-10J-1 §18-10J-1. Short title.
This article may be cited as the "Blind Persons" Literacy Rights and Education Act."

WVC 18-10J-2 §18-10J-2. Definitions.
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 limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees; or

(2) Has a medically indicated expectation of visual deterioration.

(b) "Braille" means the system of reading and writing through touch commonly known as standard English braille.

(c) "Individualized education program" and "IEP team" have the meanings provided in Section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. Section 1414(d)).

(d) "Textbooks and other instructional materials" means any literary or nonliterary works obtained for use in a course of study.

WVC 18-10J-3 §18-10J-3. Individualized education program.
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 determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in braille or the use of braille), that the instruction or use is not appropriate for the child. Nothing in this section requires the exclusive use of braille if other special education services are appropriate to the child's educational needs. The provision of other appropriate services shall not preclude braille use or instruction.

WVC 18-10J-4 §18-10J-4. Standards of competency and instruction.
Instruction in braille reading and writing shall be provided with the goal of enabling each blind or visually impaired child to communicate effectively and efficiently with the same level of proficiency expected of the child's peers of comparable ability and grade level. The child's individualized education program shall specify:

(a) The results obtained from the evaluations required under section three of this article;

(b) How braille will be implemented as the primary mode for learning through integration with other classroom activities;

(c) The date on which braille instruction will commence;

(d) The length of the period of instruction and the frequency and duration of each instructional session;

(e) The level of competency in braille reading and writing to be achieved by the end of the period and the objective assessment measures to be used; and

(f) If a decision has been made under section two of this article, that braille instruction or use is not required for the child:

(1) Documentation that the decision was reached after a review of pertinent literature describing the educational benefits of braille instruction and use; and

(2) A specification of the evidence used to determine that the child's ability to read and write effectively without braille instruction is not impaired.

WVC 18-10J-5 §18-10J-5. Instructional materials.
All publishers of textbooks or other instructional materials sold to the state or any local education agency (including post-secondary institutions) shall furnish computer diskettes for literary subjects in the American standard code for information interchange from which braille versions can be produced. Further, the publishers shall furnish computer diskettes in American standard code for information interchange for nonliterary subjects, including natural sciences, computer science, mathematics and music, when braille specialty code translation software is available.

WVC 18-10J-6 §18-10J-6. Teacher certification and training.
As part of the professional certification process, teachers seeking to become certified in the education of blind and visually impaired children shall demonstrate competence in reading and writing braille. Before issuing a professional certificate to teach the blind and visually impaired, the West Virginia department of education shall require that the applicant demonstrate, based upon standards adopted by the national library service for the blind and physically handicapped, library of congress, Washington, D.C., that he or she is proficient in reading and writing braille. This requirement becomes effective the first day of July, two thousand. Teachers already certified in the education of blind and visually impaired children are not required to demonstrate that proficiency in order to retain their certification. Further, the West Virginia department of education shall, on a schedule of at least once every three years, make available to all teachers of blind and visually impaired children a continuing education class in reading or writing braille or a college credit course in reading and writing braille, or both. In order to achieve successful completion of a course, a teacher shall demonstrate proficiency in reading and writing braille at a level commensurate with the standards adopted by the national library service for the blind and physically handicapped, library of congress.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§18 - 2 - 9 - (Amended Code)
SENATE BILL - 7
PASSED - Regular Session

SB7 SUB1 enr  (Uploaded - 02/23/2015)
Requiring CPR and care for conscious choking instruction in public schools
§18 - 5 - 19 - (Amended Code)
§18 - 5 - 19 D - (Amended Code)
SENATE BILL - 238
PASSED - Regular Session

sb238 enr  (Uploaded - 03/04/2015)
Limiting certain county board of education liability arising from unorganized recreation
§18 - 2 J- 1 - (Repealed Code)
§18 - 2 J- 2 - (Repealed Code)
§18 - 2 J- 3 - (Repealed Code)
§18 - 2 J- 4 - (Repealed Code)
§18 - 2 J- 5 - (Repealed Code)
§18 - 2 J- 6 - (Repealed Code)
§18 - 2 J- 7 - (Repealed Code)
SENATE BILL - 255
PASSED - Regular Session

SB255 SUB1 enr  (Uploaded - 03/01/2015)
Eliminating certain boards, councils, committees, panels, task forces and commissions
§18 - 2 - 32 - (New Code)
SENATE BILL - 287
PASSED - Regular Session

SB287 SUB1 enr2  (Uploaded - 03/25/2015)
SB287 SUB1 enr  (Uploaded - 03/19/2015)
Providing posthumous high school diplomas
§18 - 7 A- 14 C - (Amended Code)
§18 - 7 B- 21 - (Amended Code)
SENATE BILL - 342
PASSED - Regular Session

sb342 sub1 enr  (Uploaded - 03/30/2015)
Clarifying scope, application and requirements for error corrections by CPRB
§18 - 8 - 12 - (New Code)
SENATE BILL - 447
PASSED - Regular Session

sb447 enr  (Uploaded - 03/20/2015)
Allowing issuance of diploma by public, private or home school administrator
§18 - 7 A- 17 - (Amended Code)
§18 - 7 A- 17 A - (New Code)
§18 - 7 A- 23 - (Amended Code)
§18 - 7 A- 25 - (Amended Code)
§18 - 7 A- 25 B - (New Code)
§18 - 17 D- 6 - (Amended Code)
SENATE BILL - 529
PASSED - Regular Session

SB529 SUB1 enr2  (Uploaded - 03/30/2015)
SB529 SUB1 enr  (Uploaded - 03/30/2015)
Relating to PERS, SPRS and TRS benefits and costs
§18 - 2 E- 5 - (Amended Code)
HOUSE BILL - 2140
PASSED - Regular Session

HB2140 ENR  (Uploaded - 03/22/2015)
Building governance and leadership capacity of county board during period of state intervention
§18 - 2 - 26 - (Amended Code)
HOUSE BILL - 2370
PASSED - Regular Session

hb2370 enr  (Uploaded - 03/22/2015)
Increasing the powers of regional councils for governance of regional education service agencies
§18 - 2 - 5 - (Amended Code)
HOUSE BILL - 2377
PASSED - Regular Session

HB2377 SUB ENR  (Uploaded - 03/19/2015)
Authorizing State Board of Education to approve certain alternatives with respect to instructional time
§18 - 9 A- 7 - (Amended Code)
HOUSE BILL - 2478
PASSED - Regular Session

HB2478 SUB ENR  (Uploaded - 03/22/2015)
Relating to public school finance
§18 - 7 A- 13 - (Amended Code)
HOUSE BILL - 2505
PASSED - Regular Session

HB2505 ENR SUB  (Uploaded - 03/15/2015)
Relating to retirement system participation and concurrent employment provisions
§18 - 2 - 40 - (New Code)
HOUSE BILL - 2535
PASSED - Regular Session

hb2535 enr  (Uploaded - 03/16/2015)
Relating generally to suicide prevention training, "Jamie's Law"
§18 - 8 - 4 - (Amended Code)
HOUSE BILL - 2550
PASSED - Regular Session

HB2550 SUB ENR  (Uploaded - 03/20/2015)
Increasing the number of unexcused absences of a student before action may be taken against the parent
§18 - 20 - 2 - (Amended Code)
HOUSE BILL - 2598
PASSED - Regular Session

HB2598 ENR  (Uploaded - 03/22/2015)
Ensuring that teachers of students with disabilities receive complete information about the school's plan for accommodating the child's disabilities
§18 - 2 E- 7 - (Amended Code)
§18 - 9 A- 10 - (Amended Code)
HOUSE BILL - 2632
PASSED - Regular Session

hb2632 enr  (Uploaded - 03/17/2015)
Exempting the procurement of certain instructional materials for use in and in support of public schools from the division of purchasing requirements
§18 - 10 G- 5 A - (New Code)
HOUSE BILL - 2663
PASSED - Regular Session

HB2663 ENR  (Uploaded - 03/23/2015)
Creating the Rehabilitation Services Vending Program Fund
§18 - 5 - 18 - (Amended Code)
HOUSE BILL - 2702
PASSED - Regular Session

HB2702 SUB ENR  (Uploaded - 03/15/2015)
Redefining service personnel class titles of early childhood classroom assistant teacher
§18 - 5 - 11 A - (Amended Code)
HOUSE BILL - 2755
PASSED - Regular Session

HB2755 SUB ENR  (Uploaded - 03/15/2015)
Relating to service and professional employee positions at jointly established schools
§18 - 20 - 1 A - (Amended Code)
HOUSE BILL - 2797
PASSED - Regular Session

hb2797 ENR  (Uploaded - 03/19/2015)
Changing the term "mentally retarded" to "intellectually disabled;" and changing the term "handicapped" to "disabled"
Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2015 West Virginia Legislature **