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Chapter 18     Entire Code
‹ Chapter 17G  |  Chapter 18A › Printer Friendly Versions
Chapter 18  |  Article 18 - 10L  |  Section 8

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

10K - WEST VIRGINIA TRAUMATIC BRAI

10L - RON YOST PERSONAL ASSISTANCE
    18 - 10 L- 1
    18 - 10 L- 2
    18 - 10 L- 3
    18 - 10 L- 4
    18 - 10 L- 5
    18 - 10 L- 6
    18 - 10 L- 7
    18 - 10 L- 8

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 L- ARTICLE 10L. RON YOST PERSONAL ASSISTANCE SERVICES ACT.

WVC 18 - 10 L- 1 §18-10L-1. Short title.

This article may be known and cited as the "Ron Yost Personal Assistance Services Act."

WVC 18 - 10 L- 2 §18-10L-2. Policy; principles; projects.
(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 with severe disabilities, including mental, sensory or physical impairments, or any combination of impairments, who are in need of assistance to live in a living arrangement of their choice in lieu of a more restrictive setting; and

(3) Recipients of personal assistance have the right to make decisions regarding and to control the provision of their personal assistance services. This includes, but is not limited to, hiring, training, managing, paying and terminating an assistant's employment.

(b) Implementation of the program established in this article shall be based on the following five basic principles:

(1) Services may be received where they are needed, either at home or in the community, subject to available funding;

(2) Services may be scheduled when they are needed, twenty-four hours a day, seven days a week, as scheduled or needed on an emergency basis, subject to available funding;

(3) Recipients contribute to the cost of services based on their ability to pay;

(4) Recipients are granted control over the services provided to the fullest extent possible including how, when and by whom services are provided; and

(5) Eligibility shall be based on functional needs rather than on a medical diagnosis.

(c) Subject to available funds, other personal assistance projects shall be developed to increase the availability of services throughout the state to serve eligible individuals.

WVC 18 - 10 L- 3 §18-10L-3. Definitions.
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 communities rather than in institutions and to carry out functions of daily living, self-care and mobility;

(B) Basic services include, but are not limited to, getting in and out of a bed, wheelchair or motor vehicle; assistance with routine bodily functions, such as health maintenance activities; bathing and personal hygiene; dressing and grooming; and feeding, including preparation and cleanup.

(2) "Personal assistant" means an individual of the consumer's choice who provides personal assistance services for the eligible individual.

(3) "Recipient" means any individual receiving funds through the Ron Yost personal assistance program.

(4) "Ron Yost personal assistance program functional assessment tool" means the written and physical evaluation used to determine eligibility of individuals to receive services and the hours of service to be provided under this article.

WVC 18 - 10 L- 4 §18-10L-4. Program requirements.
(a) To be eligible for assistance from the Ron Yost personal assistance program, a recipient must have a physical, mental or sensory impairment that affects one or more major life activity, and who:

(1) Experiences any physical, mental or sensory impairment, or combination of impairments, which can be expected to recur or last for a period of not less than twelve months as determined by the evaluation conducted using the Ron Yost personal assistance program functional assessment tool;

(2) Requires assistance to complete functions of daily living, self-care and mobility, including, but not limited to, those functions included in the definition of personal assistance services;

(3) Must apply for medicaid and provide written documentation of eligibility or denial to the board; and

(4) Is currently not receiving personal assistance services through medicaid.

(b) The division of rehabilitation services shall, directly or through contract approved by the Ron Yost personal assistance services board:

(1) Administer the personal assistance services program in accordance with the state plan for independent living established pursuant to the provisions of section seven, article ten-m of this chapter; and

(2) Provide training, information, and referral services relating to state and federal payroll taxes, deductions and withholding, and wage withholding for child support and workers' compensation, to recipients as necessary.

(c) The West Virginia statewide independent living council, established pursuant to section six, article ten-m of this chapter, shall:

(1) Appoint members to the Ron Yost personal assistance services board to fulfill the functions as set forth in subsection (d) of this section. The board shall be composed of individuals with disabilities: Provided, That one member shall be a representative of the West Virginia statewide independent living council with a disability; and

(2) Develop and update as necessary, the Ron Yost personal assistance program functional assessment tool.

(d) The Ron Yost personal assistance services board shall:

(1) Determine eligibility and approve hours of service for all applicants based on functional assessments conducted using the Ron Yost personal assistance program functional assessment tool. Each determination shall be in writing, a copy of which shall be provided to the applicant;

(2) Monitor disbursements and utilization of the program;

(3) Survey consumer satisfaction and recommend program revisions to the division of rehabilitation services;

(4) Develop and maintain a waiting list for those eligible individuals who cannot be served immediately;

(5) Contract with public or private entities to assist in fulfilling the functions set forth in this subsection;

(6) Approve contracts proposed by the division of rehabilitation services with a public or private entity for the fiscal management of the program established under this article; and

(7) Establish operating procedures.

(e) No member of the board is eligible to receive personal assistance services through the program provided for in this article.

(f) Recipients shall:

(1) Apply for services through medicaid and provide a copy of that determination to the board;

(2) Comply with the employer responsibilities of hiring, supervising and, if needed, terminating the employment of a personal assistant;

(3) Manage his or her own financial and legal affairs regarding the Ron Yost personal assistance program; and

(4) Designate an individual, if necessary, to assist in fulfilling the functions set forth in this subsection.

WVC 18 - 10 L- 5 §18-10L-5. Funding.
(a) There is hereby created in the state treasury a special fund designated the "Ron Yost Personal Assistance Services Fund". The fund shall be an appropriated account within the division of rehabilitation services and the moneys shall be expended exclusively for the purposes of this article.

(b) Funds made available for programs under this article may be used only for the planning, designing, delivering and administering of personal assistance services and training. The division of rehabilitation services may use not more than seven percent of the total allocation for administrative costs.

(c) The division of rehabilitation services may apply for and use all funding sources to carry out this program, including state and federal funds, program fees and other allocated moneys.

(d) Funds shall be disbursed in a manner that ensures maximum consumer control of the services provided under the program.

(e) Personal assistance services shall be available only to the extent funding is available through annual appropriations of state, federal and other allotted funds.

(f) Funds or services provided to eligible individuals by the personal assistance services program under this article shall not be considered as income to those individuals for any purpose under this code or under the rules of any agency of state government.

WVC 18 - 10 L- 6 §18-10L-6. Rules.
The division of rehabilitation services, as directed by the consumer board, shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, necessary for the effective administration of this article including a sliding scale for funding based on the recipient's, as the employer, ability to contribute to the cost of services.

WVC 18 - 10 L- 7 §18-10L-7. Report.
An annual report shall be filed with the Legislature on or before the first day of January of each year, which is to include a summary of the personal assistance services provided under this article and recommendations regarding the program for upcoming fiscal years.

WVC 18 - 10 L- 8 §18-10L-8.
Repealed.

Acts, 2010 Reg. Sess., Ch. 32.

Note: WV Code updated with legislation passed through the 2013 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 - 20 - 1 - (Amended Code)
SENATE BILL - 209
PASSED - Regular Session

SB209 ENR  (Uploaded - 03/25/2014)
Allowing special needs students to participate in graduation ceremonies
§18 - 21 - 2 - (Amended Code)
§18 - 21 - 4 - (Amended Code)
SENATE BILL - 253
PASSED - Regular Session

SB253 SUB1 ENR  (Uploaded - 03/25/2014)
Clarifying code for Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth
§18 - 8 - 2 - (Amended Code)
HOUSE BILL - 4003
PASSED - Regular Session

HB4003 SUB ENR  (Uploaded - 03/25/2014)
Granting dual jurisdiction to counties where a student who lives in one county and attends school in another in order to enforce truancy policies
§18 - 2 - 5 A - (Amended Code)
§18 - 2 - 13 - (Amended Code)
§18 - 2 - 17 - (Repealed Code)
§18 - 2 E- 5 B - (Repealed Code)
§18 - 2 E- 7 - (Amended Code)
§18 - 2 E- 8 B - (Repealed Code)
§18 - 2 G- 1 - (Repealed Code)
§18 - 2 G- 2 - (Repealed Code)
§18 - 2 G- 3 - (Repealed Code)
§18 - 5 - 15 E - (Repealed Code)
§18 - 5 - 38 - (Repealed Code)
§18 - 7 - 1 - (Repealed Code)
§18 - 7 - 2 - (Repealed Code)
§18 - 7 - 3 - (Repealed Code)
§18 - 8 - 1 A - (Amended Code)
§18 - 9 A- 6 B - (Repealed Code)
§18 - 9 A- 14 A - (Repealed Code)
§18 - 9 A- 19 - (Repealed Code)
§18 - 9 C- 1 - (Repealed Code)
§18 - 9 C- 2 - (Repealed Code)
§18 - 9 C- 3 - (Repealed Code)
§18 - 9 C- 4 - (Repealed Code)
§18 - 9 C- 5 - (Repealed Code)
§18 - 9 C- 6 - (Repealed Code)
§18 - 9 C- 7 - (Repealed Code)
§18 - 9 C- 8 - (Repealed Code)
HOUSE BILL - 4228
PASSED - Regular Session

HB4228 ENR SUB  (Uploaded - 03/25/2014)
Repealing or removing certain portions of education-related statutes that have expired
§18 - 2 - 16 - (Amended Code)
HOUSE BILL - 4270
PASSED - Regular Session

HB4270 SUB ENR  (Uploaded - 03/25/2014)
Relating to salaries of service employees of the state camp and conference center known as Cedar Lakes Conference Center
§18 - 9 - 2 - (Amended Code)
HOUSE BILL - 4302
PASSED - Regular Session

hb4302 ENR  (Uploaded - 03/25/2014)
Relating to elections for public school purposes
§18 - 2 - 5 H - (New Code)
HOUSE BILL - 4316
PASSED - Regular Session

hb4316 SUB ENR  (Uploaded - 03/25/2014)
Creating the student data accessability, transparency and accountability act
§18 - 7 A- 14 - (Amended Code)
§18 - 7 A- 17 - (Amended Code)
§18 - 7 A- 18 - (Amended Code)
§18 - 7 A- 18 A - (Amended Code)
HOUSE BILL - 4365
PASSED - Regular Session

hb4365 ENR  (Uploaded - 03/25/2014)
Relating to employer remittance and reporting of Teachers Retirement System member contributions to the retirement board
§18 - 6 - 1 - (Amended Code)
§18 - 6 - 2 - (Amended Code)
§18 - 6 - 4 - (Amended Code)
§18 - 6 - 5 - (Amended Code)
§18 - 6 - 8 - (Amended Code)
§18 - 6 - 9 - (Repealed Code)
§18 - 6 - 10 - (Repealed Code)
HOUSE BILL - 4373
PASSED - Regular Session

HB4373 ENR SUB  (Uploaded - 03/25/2014)
Relating to driver education programs
§18 - 20 - 1 C - (Amended Code)
HOUSE BILL - 4384
PASSED - Regular Session

HB4384 SUB ENR  (Uploaded - 03/25/2014)
Requiring teachers of students with exceptional needs to either be present at an individualized education program meeting or to read and sign a copy of the individualized education program plan
§18 - 20 - 10 - (New Code)
HOUSE BILL - 4608
PASSED - Regular Session

HB4608 SUB ENR  (Uploaded - 03/25/2014)
Defining dyslexia and dyscalculia
§18 - 2 E- 10 - (Amended Code)
HOUSE BILL - 4618
PASSED - Regular Session

HB4618 ENR  (Uploaded - 03/25/2014)
Establishing transformative system of support for early literacy
§18 - 5 B- 3 - (Amended Code)
§18 - 5 B- 13 - (New Code)
HOUSE BILL - 4619
PASSED - Regular Session

HB4619 ENR  (Uploaded - 03/25/2014)
Authorizing innovation school districts
§18 - 9 A- 2 - (Amended Code)
§18 - 9 A- 2 A - (Repealed Code)
§18 - 9 A- 11 - (Amended Code)
SENATE BILL - 1009
PASSED - 1st Special Session

SB1009 ENR  (Uploaded - 03/26/2014)
Relating to computation of local share for public school support purposes
Note: WV Code updated with legislation passed through the 2013 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.
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