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

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

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 K- ARTICLE 10K. WEST VIRGINIA TRAUMATIC BRAIN AND SPINAL CORD INJURY REHABILITATION FUND ACT.

WVC 18 - 10 K- 1 §18-10K-1. Terms defined.
As used in this article, the term:

(1) "Board" means the West Virginia traumatic brain and spinal cord injury rehabilitation fund board.

(2) "Fund" means the West Virginia traumatic brain and spinal cord injury rehabilitation fund.

(3) "Traumatic brain injury" means an acquired injury to the brain, including brain injuries caused by anoxia due to near drowning. "Traumatic brain injury" does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma.

(4) "Spinal cord injury" means a traumatic injury to the spinal cord that results in a permanent loss of sensation and voluntary movement below the level of the lesion.

WVC 18 - 10 K- 2 §18-10K-2. Board created, membership, terms, officers and staff.
(a) There is hereby established the West Virginia traumatic brain and spinal cord injury rehabilitation fund board.

(b) The board shall consist of twenty-three members. The members shall include:

(1) The secretary of the department of education and the arts, ex officio, or his or her designee;

(2) The secretary of health and human resources, ex officio, or his or her designee;

(3) The state superintendent of schools, ex officio, or his or her designee;

(4) The secretary of the department of military affairs and public safety, ex officio, or his or her designee;

(5) The director of the bureau of behavioral health within the department of health and human resources, ex officio, or his or her designee;

(6) The director of the division of rehabilitation services, ex officio, or his or her designee;

(7) The director of the bureau of medical services, ex officio, or his or her designee;

(8) The director of the office of emergency services, ex officio, or his or her designee;

(9) The executive director of the workers' compensation commission, ex officio, or his or her designee;

(10) Seven members appointed by the governor to represent public and private health organizations or other disability coalitions or advisory groups; and

(11) Seven members appointed by the governor who are either survivors of traumatic brain or spinal cord injury or family members of persons with traumatic brain or spinal cord injury.

(c) The citizen members shall be appointed by the governor for terms of three years, except that of the members first appointed, two of the representatives of public and nonprofit private health organizations, disability coalitions or advisory groups and two of the representatives of survivors or family members of persons with traumatic brain or spinal cord injuries shall serve for terms of one year, two of the representatives of each of those respective groups shall serve for terms of two years and the remaining three representatives of each of those respective groups shall serve for terms of three years. All subsequent appointments shall be for three years. Members shall serve until the expiration of the term for which they have been appointed or until their successors have been appointed and qualified. In the event of a vacancy, the governor shall appoint a qualified person to serve for the unexpired term. No member may serve more than two consecutive three-year terms. State officers or employees may be appointed to the board unless otherwise prohibited by law.

(d) In the event a board member fails to attend more than twenty-five percent of the scheduled meetings in a twelve-month period, the board may, after written notification to that member and the secretary of education and the arts, request in writing that the governor remove the member and appoint a new member to serve his or her unexpired term.

(e) The board shall elect from its membership a chairperson, treasurer and secretary as well as any other officer as appropriate. The term of the chairperson is for two years in duration and he or she cannot serve more than two consecutive terms.

WVC 18 - 10 K- 3 §18-10K-3. Promulgation of legislative rules.
The board may propose legislative rules for promulgation, in accordance with the provisions of article three, chapter twenty-nine-a of this code, necessary for the transaction of its business or to carry out the purposes of this article.

WVC 18 - 10 K- 4 §18-10K-4. Expenses of board.
Members of the board shall receive reimbursement for reasonable and necessary expenses actually incurred in the performance of their duties as members of the board in accordance with state travel regulations. Members with disabilities may receive additional reimbursement for costs associated with personal assistance, interpreters and disability-related accommodations when those costs are incurred in the course of conducting the business of the board. All reimbursement authorized in this section shall be paid from moneys in the fund.

WVC 18 - 10 K- 5 §18-10K-5. Fund created; administration of fund; administrative fees; fund use.
(a) There is created in the state treasury a special revenue account to be known as the "West Virginia traumatic brain and spinal cord injury rehabilitation fund" which is under the jurisdiction of the division of rehabilitation services. The West Virginia traumatic brain and spinal cord injury rehabilitation fund is subject to the annual appropriation of funds by the Legislature. The West Virginia traumatic brain and spinal cord injury rehabilitation fund may receive any gifts, grants, contributions or other money from any source which is specifically designated for deposit in the fund.

(b) All moneys collected, received and deposited into the state treasury and credited to the West Virginia traumatic brain and spinal cord injury rehabilitation fund shall be expended by the board exclusively in accordance with the uses and criteria set forth in this article. Expenditures from this fund for any other purposes are void.

(c) The fund shall be administered by the division of rehabilitation services under the department of education and the arts. The division of rehabilitation services may retain an amount not to exceed ten percent per annum of the balance of the fund to cover any costs of administration of the fund.

(d) Nothing in this article may be construed to mandate funding for the West Virginia traumatic brain and spinal cord injury rehabilitation fund or to require any appropriation by the Legislature.

(e) Moneys in the fund shall be used to pay for services that will increase opportunities for and enhance the achievement of functional independence, and a return to a productive lifestyle for individuals who have suffered a traumatic brain injury or a spinal cord injury.

(f) Services that are eligible for payment by the fund shall include, but not be limited to:

(1) Case management;

(2) Rehabilitative therapies and services;

(3) Attendant care;

(4) Home accessibility modifications;

(5) Equipment necessary for activities; and

(6) Family support services.

(g) Funds shall be expended according to the priorities and criteria for disbursement established by the board under section six of this article.

WVC 18 - 10 K- 6 §18-10K-6. Criteria and priorities for use of fund.
(a) The board shall establish priorities and criteria for the disbursement of moneys in the fund. When the board determines that additional services should be eligible for payments from the fund, the chairman shall provide written notice to the division of rehabilitation services in the department of education and the arts directing that those services be eligible for payment by the fund.

(b) The board shall investigate the needs of citizens with traumatic brain injuries and spinal cord injuries, identify the gaps in services to these citizens, and issue an annual report to the Legislature each year with recommendations for meeting the identified needs, improving coordination of services and summarizing its actions during the preceding year.

(c) Moneys expended for services described under section five of this article shall be as a payer of last resort and only for citizens of this state. An individual shall use comparable benefits and services that are available prior to the expenditure of moneys available to that individual through the fund.

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 - 7 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.
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