reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 18. Education › Article 10A. Rehabilitation Services › §18-10A-3. Director of Division of Vocational Rehabilitation; Powers and Duties

The division shall be administered, under the general supervision and direction of the Secretary of the Department of Commerce or, if required by federal law his or her designated state board, by a director appointed by the secretary, or if required by federal law his or her designated state board in accordance with established personnel standards and on the basis of his or her education, training, experience, and demonstrated ability.
In carrying out his or her duties under this article, the director shall:
(1) Appoint such personnel as he or she considers necessary for the efficient performance of the functions of the division.
(2) Establish a merit system of personnel management, or in lieu thereof, avail himself or herself of the services of the state merit system upon payment of a fair share of the expenses of the operation of the system.
(3) Make regulations governing the protection of records and confidential information; the manner and form of filing applications for vocational rehabilitation services, eligibility therefor, and investigation and determination thereof; procedures for fair hearings; and such other matters as may be necessary or desirable in accomplishing the purposes of this article.
(4) Have the authority to establish and operate a staff development program for the employees of the division and may, in furtherance of such a program, and utilizing any funds appropriated or made available, for such purpose, pay to the employees compensation or expenses, or both, while the employees are pursuing approved training courses or academic studies for the purpose of becoming better equipped for their employment in the division; the staff development program shall be conducted subject to appropriate rules as adopted by the director and approved by the state board: Provided, That these rules shall include reasonable provisions for the return of any employee, receiving the benefits of such training, for a reasonable period of duty, or for reimbursement to the state for expenditures incurred on behalf of the training of such employee.
(5) Establish appropriate subordinate administrative units within the division.
(6) Prepare and submit to the Secretary of the Department of Commerce or his or her designated state board annual reports of activities and expenditures and, prior to each regular session of the Legislature, estimates of sums required for carrying out the provisions of this article and estimates of the amounts to be made available for this purpose from all sources.
(7) Make requisition for disbursement, in accordance with regulations of the funds available for vocational rehabilitation purposes.
(8) Take such other action as may be determined necessary or appropriate to carry out the purposes of this article.
2023 West Virginia Code › Chapter 18. Education › Article 10A. Rehabilitation Services › §18-10A-4. Vocational Rehabilitation Services

Except as otherwise provided by law the division shall provide vocational rehabilitation services to disabled individuals determined by the director to be eligible therefor, and for this purpose the division is authorized among other things to:
(1) Cooperate with other departments, agencies and institutions, both public and private, in providing for the vocational rehabilitation of disabled individuals, in studying the problems involved therein, and in establishing, developing and providing, in conformity with the provisions of this article, such programs, facilities and services as may be necessary or desirable.
(2) Enter into reciprocal agreements with any other state to provide for the vocational rehabilitation of residents of such state.
(3) Conduct research and compile statistics relating to the vocational rehabilitation of disabled individuals.
2023 West Virginia Code › Chapter 18. Education › Article 10A. Rehabilitation Services › §18-10A-5. Cooperation With Federal Government

The division, or if required by federal law the board, commission or council appointed by the secretary of the Department of Education and the arts to oversee certain functions of the division, shall make agreements or plans to cooperate with the federal government in carrying out the purposes of any federal statutes pertaining to vocational rehabilitation and to this end may adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such agreements or plans for vocational rehabilitation and to comply with such conditions as may be necessary to secure the full benefits of such federal statutes.
2023 West Virginia Code › Chapter 18. Education › Article 10A. Rehabilitation Services › §18-10A-6. Custody and Disbursement of Vocational Rehabilitation Funds

The State Treasurer is hereby designated as the custodian of all funds received from the federal government under any federal statutes pertaining to vocational rehabilitation. The State Treasurer shall make disbursements from such funds and from all state funds available for vocational rehabilitation purposes on warrants of the State Auditor, requisitioned as provided in section three of this article.
2023 West Virginia Code › Chapter 18. Education › Article 10A. Rehabilitation Services › §18-10A-6a. West Virginia Rehabilitation Services Special Account; Expenditures

(a) There is hereby established in the State Treasury a separate account which shall be designated the “West Virginia Rehabilitation Services Special Account”. The director of rehabilitation services shall deposit promptly into the account all fees received for services provided by the West Virginia Rehabilitation Center from whatever source, including the federal government, state government or from other third-party payers or personal payments.
(b) A five-year West Virginia rehabilitation services long-range plan shall be developed by the director and shall be adopted by the Secretary of Commerce. The West Virginia rehabilitation services’ long-range plan shall be updated and revised at least every two years.
(c) The director may expend the moneys deposited in the West Virginia Rehabilitation Services Special Account in accordance with federal laws and regulations and with the laws of this state necessary for the development of the five-year long-range plan and subsequent revisions.
(d) The director may expend the moneys deposited in the West Virginia Rehabilitation Services Special Account as provided in the long-range plan at such times and in such amounts as the director determines to be necessary for the purpose of maintaining or improving the delivery of rehabilitation services: Provided, That during the budget preparation period which occurs prior to the convening of the Legislature, the director shall submit for inclusion in the executive budget document and budget bill his or her recommended capital expenditures, recommended priorities, estimated costs, and request for appropriations for maintaining or improving the delivery of vocational rehabilitation services.
(e) The director shall make an annual report to the Legislature on the status of the West Virginia Rehabilitation Services Special Account, including the previous year’s expenditures and projected expenditures for the next year.
2023 West Virginia Code › Chapter 18. Education › Article 10A. Rehabilitation Services › §18-10A-7. Gifts

The director is hereby authorized and empowered to accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this article. Gifts made under such conditions as in the judgment of the state board are proper and consistent with the provisions of this article may be so accepted and shall be held, invested, reinvested, and used in accordance with the conditions of the gift.
2023 West Virginia Code › Chapter 18. Education › Article 10A. Rehabilitation Services › §18-10A-8. Eligibility for Vocational Rehabilitation

Vocational rehabilitation services shall be provided to any disabled individual who is present in the state at the time of filing his application therefor, if the director after full investigation shall determine that his rehabilitation can be satisfactorily achieved. Such services shall also be provided to any person who is eligible therefor under the terms of an agreement with another state or with the federal government.
Except as otherwise provided by law or as specified in an agreement with the federal government with respect to classes of individuals certified to the state board thereunder, the following rehabilitation services shall be provided at public cost only to disabled individuals found to require financial assistance with respect thereto:
(1) Physical restoration.
(2) Transportation, for any other purpose than that of determining the eligibility of the individual for vocational rehabilitation services and the nature and extent of the services necessary.
(3) Occupational licenses.
(4) Occupational tools, equipment, initial stocks and supplies, books and training material; the title to any or all of which may be conveyed to the individual.
(5) Maintenance.
The rights of a disabled individual under the provisions of this article shall not be transferable or assignable at law or in equity.
2023 West Virginia Code › Chapter 18. Education › Article 10A. Rehabilitation Services › §18-10A-10. Misuse of Vocational Rehabilitation Lists and Records; Penalty

It shall be unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program and in accordance with regulations, for any person or persons to solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of, or names of, or any information concerning, persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records, papers, files, or communications of the state or subdivisions or agencies thereof, or acquired in the course of the performance of official duties.
Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof shall be fined not less than $50 nor more than $500, or imprisoned for not less than thirty days nor more than ninety days, or both such fine and imprisonment, in the discretion of the court.
2023 West Virginia Code › Chapter 18. Education › Article 10A. Rehabilitation Services › §18-10A-12. Vocational Evaluation and Work Adjustment Program for Disadvantaged Individuals

The division, under the direction of any federally mandated board, commission, or council appointed by the Secretary of the Department of Commerce, is authorized and directed to cooperate with the federal government in providing vocational evaluation and work adjustment services to disadvantaged individuals.
“Vocational evaluation and work adjustment services” include, as appropriate in each case, such services as:
(a) A preliminary diagnostic study to determine that the individual is disadvantaged, has an employment handicap, and that services are needed;
(b) A thorough diagnostic study consisting of a comprehensive evaluation of pertinent medical, psychological, vocational, educational, cultural, social, and environmental factors which bear on the individual’s handicap to employment and rehabilitation potential including, to the degree needed, an evaluation of the individual’s personality, intelligence level, educational achievements, work experience, vocational aptitudes and interests, personal and social adjustments, employment opportunities, and other pertinent data helpful in determining the nature and scope of services needed;
(c) Services to appraise the individual’s patterns of work behavior and ability to acquire occupational skills, and to develop work attitudes, work habits, work tolerance, and social and behavior patterns suitable for successful job performance, including the utilization of work, simulated or real, to assess and develop the individual’s capacities to perform adequately in a work environment;
(d) Any other goods or services provided to a disadvantaged individual, determined (in accordance with regulations of the federal government) to be necessary for, and which are provided for the purpose of, ascertaining the nature of the handicap to employment and whether it may reasonably be expected the individual can benefit from vocational rehabilitation services or other services available to disadvantaged individuals;
(e) Outreach, referral, and advocacy; and
(f) The administration of these evaluation and work adjustment services.
As used in this section, the term “disadvantaged individuals” means: (1) Disabled individuals as defined in §18-10A-1(5) of this code; (2) individuals disadvantaged by reason of their youth or advanced age, low educational attainments, ethnic or cultural factors, prison or delinquency records, or other conditions which constitute a barrier to employment; and (3) other members of their families when the provision of vocational rehabilitation services to family members is necessary for the rehabilitation of the individual described in subdivision (1) or (2) above.
2023 West Virginia Code › Chapter 18. Education › Article 10A. Rehabilitation Services › §18-10A-12a. Workers' Compensation for Clients Participating in Unpaid Work-Based Training Programs

(a) The workers' compensation commission shall create a classification and calculate a base premium tax rate for clients of the Division of Rehabilitation Services participating in unpaid work-based training programs within integrated community-based settings. The workers' compensation commission shall report to the Division of Rehabilitation Services:
(1) The amount of the base premium tax rate for the class; and
(2) The hourly wages per client to be used to provide the minimum weekly benefits required by section six, article four, chapter twenty-three of this code.
(b) The base premium tax rate reported annually to the Division of Rehabilitation Services by the workers' compensation commission shall not be effective until July 1, and shall remain in effect through the last day of the next June.
(c) The Division of Rehabilitation Services and the participating entity shall be considered the joint employers of record of the clients while the clients are participating in unpaid work-based training programs in integrated community-based settings: Provided, That the participating entity shall not be held responsible for any liability due the workers' compensation commission. The clients shall be considered to be paid the amount of wages sufficient to provide the minimum workers' compensation weekly benefits required by section six, article four, chapter twenty-three of this code.
2023 West Virginia Code › Chapter 18. Education › Article 10A. Rehabilitation Services › §18-10A-13. Social Security Disability Determination Section

The disability determination section of the division of vocational rehabilitation created pursuant to the provisions of section three, article ten-a, chapter eighteen of this code, is hereby continued and shall be named the social security disability determination section.
The social security disability determination section shall be subject to chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 18. Education › Article 10A. Rehabilitation Services › §18-10A-14. Duties of Assistant Director of Social Security Disability Determination Section

In addition to duties imposed by other federal and state laws, the assistant director shall:
(1) Ensure that each client of the agency who is denied benefits is
(a) Advised of his right to appeal an agency decision to an administrative law judge,
(b) Advised of proper procedures for filing and pursuing an appeal, and
(c) Encouraged to exercise his right of appeal when he feels a decision was made in error and is unjust;
(2) Promulgate rules establishing criteria for granting promotion and salary increases which are to be based on merit;
(3) Prepare and submit to the state board, and the social security disability board, an annual report showing compliance and noncompliance with the provisions of this section. A copy of the report shall be filed with the Secretary of State's office to be made available for public inspection;
(4) Ensure that physicians evaluating medical impairments are qualified by experience and educational specialty to make proper medical judgments on the medical impairments they are assigned to evaluate; and
(5) Ensure that the evaluation of the claimant's personal physician is given due consideration in the disability determination process.
2023 West Virginia Code › Chapter 18. Education › Article 10A. Rehabilitation Services › §18-10A-15. Establishment of a Central Registry of Traumatic Head Injury; Acute Care Facility Required to Report Head Injury

(a) The Center for Excellence in Disabilities shall maintain a central registry of persons who sustain severe head injury other than through disease, whether or not permanent disability results, in order to facilitate the provision of appropriate services through referral and collaboration with the division and other state agencies for such persons.
(b) The current acute care facility shall report to the Center for Excellence in Disabilities by the most expeditious means within seven days after identification of any person sustaining such an injury. The report shall contain the name and residence of the person and the name of the current acute care facility.
2023 West Virginia Code › Chapter 18. Education › Article 10B. Vocational Rehabilitation Facilities › §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.
2023 West Virginia Code › Chapter 18. Education › Article 10B. Vocational Rehabilitation Facilities › §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.
2023 West Virginia Code › Chapter 18. Education › Article 10B. Vocational Rehabilitation Facilities › §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.
2023 West Virginia Code › Chapter 18. Education › Article 10B. Vocational Rehabilitation Facilities › §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.
2023 West Virginia Code › Chapter 18. Education › Article 10B. Vocational Rehabilitation Facilities › §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.
2023 West Virginia Code › Chapter 18. Education › Article 10B. Vocational Rehabilitation Facilities › §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.
2023 West Virginia Code › Chapter 18. Education › Article 10B. Vocational Rehabilitation Facilities › §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, 1931, as amended.
2023 West Virginia Code › Chapter 18. Education › Article 10B. Vocational Rehabilitation Facilities › §18-10B-7. Personnel

The director shall appoint in accordance with chapter eighteen, article ten-a, section five of the Code of West Virginia, 1931, 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.
2023 West Virginia Code › Chapter 18. Education › Article 10B. Vocational Rehabilitation Facilities › §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.
2023 West Virginia Code › Chapter 18. Education › Article 10B. Vocational Rehabilitation Facilities › §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.
2023 West Virginia Code › Chapter 18. Education › Article 10B. Vocational Rehabilitation Facilities › §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.
2023 West Virginia Code › Chapter 18. Education › Article 10D. Compact for Education › §18-10D-2. Members of the Education Commission of the States; Term; Qualifications

In pursuance of Article III A of said compact, there shall be seven members of the education commission of the states from the State of West Virginia consisting of the Governor and four persons appointed by the Governor, by and with the advice and consent of the Senate, who shall serve at the pleasure of the Governor, and two members of the Legislature, one appointed from the Senate by the president thereof and one appointed from the House of Delegates by the speaker thereof, who shall serve at the pleasure of the appointing officer. Members so appointed shall have the qualifications specified in said Article III A of the compact.
2023 West Virginia Code › Chapter 18. Education › Article 10D. Compact for Education › §18-10D-3. West Virginia Education Council; Composition; Meetings; Duties

There is hereby established the "West Virginia education council" composed of the members of the education commission of the states representing this state. The chairman shall be designated by the Governor from among its members. The council shall meet on the call of its chairman or at the request of a majority of its members, but in any event the council shall meet not less than three times each year. The council may consider any and all matters relating to recommendations of the education commission of the states and the activities of the members in representing this state thereon.
2023 West Virginia Code › Chapter 18. Education › Article 10G. Providing of Food Service in Public Office Buildings by the West Virginia Division of Vocational Rehabilitation › §18-10G-1. Policy and Purposes; Construction of Article

It is hereby declared to be the policy of this state and the purposes of this article to provide blind and severely disabled persons with the maximum opportunities for remunerative employment and for training for such employment; to enlarge the economic opportunities of the blind and severely disabled; and to stimulate them to greater effort in striving to make themselves self-supporting. This article shall be construed so as to most effectively carry out this policy and to accomplish these purposes.
2023 West Virginia Code › Chapter 18. Education › Article 10G. Providing of Food Service in Public Office Buildings by the West Virginia Division of Vocational Rehabilitation › §18-10G-4. Licenses

The division of vocational rehabilitation shall issue a license for the operation of a food service facility to any blind person who qualifies for a license in accordance with the criteria which has been established by the division of vocational rehabilitation and the committee of blind vendors. In issuing any license, the division of vocational rehabilitation shall give preference to any blind person who is a resident of the State of West Virginia. Each license issued shall be for an indefinite period but may be terminated by the division of vocational rehabilitation after affording the licensee an appeal in accordance with the applicable rules and procedures, after the division of vocational rehabilitation and the committee of blind vendors are both satisfied that the food service facility is not being operated in accordance with their rules and procedures.
2023 West Virginia Code › Chapter 18. Education › Article 10G. Providing of Food Service in Public Office Buildings by the West Virginia Division of Vocational Rehabilitation › §18-10G-5. Vending Machine Income

(a) If an existing or a new vending machine or a replacement for an existing vending machine is installed after the effective date of the amendments to this article on any public property, vending machine income shall accrue to the licensed blind person operating the food service facility on the same property or, if none, to the division of vocational rehabilitation. The licensed blind person, by contract or otherwise, shall be responsible for servicing and maintaining the vending machine or machines from which vending machine income is received.
(b) Vending machine income which accrues to the division of vocational rehabilitation pursuant to subsection (a) may be used for the following:
(1) Maintenance and replacement of equipment;
(2) Purchase of new equipment;
(3) Management services;
(4) Assuring a fair minimum return to vendors; and
(5) Establishing retirement funds, health insurance contributions, paid sick leave and paid vacation time for blind vendors.
(c) If vending machine income which accrues to the division of vocational rehabilitation pursuant to subsection (a) is limited, it may be used to earn federal funds on a matching basis.
2023 West Virginia Code › Chapter 18. Education › Article 10G. Providing of Food Service in Public Office Buildings by the West Virginia Division of Vocational Rehabilitation › §18-10G-5a. Rehabilitation Services Vending Program Fund Created

There is created in the State Treasury a special revenue fund to be known as the "Rehabilitation Services Vending Program Fund." The fund shall operate as a special revenue fund whereby all deposits and payments thereto do not expire to the General Revenue Fund, but shall remain in the fund and be available for expenditure in succeeding fiscal years. This fund consists of moneys deposited in the fund pursuant to the provisions of section five of this article. Money from this fund shall be expended by the Director of the Division of Rehabilitation Services pursuant to the provisions of section five of this article.
2023 West Virginia Code › Chapter 18. Education › Article 10G. Providing of Food Service in Public Office Buildings by the West Virginia Division of Vocational Rehabilitation › §18-10G-6. Appeals

(a) Any blind person aggrieved by a decision of the division of vocational rehabilitation under this article may apply for an administrative review or a full evidentiary hearing to be conducted in accordance with the procedures established and approved by the division of vocational rehabilitation and the committee of blind vendors.
(b) The division of vocational rehabilitation or any aggrieved blind vendor may appeal any unfavorable ruling rendered in accordance with this article to the circuit court of Kanawha County or to the circuit court of the county in which the blind vendor resides.
2023 West Virginia Code › Chapter 18. Education › Article 10G. Providing of Food Service in Public Office Buildings by the West Virginia Division of Vocational Rehabilitation › §18-10G-7. Committee of Blind Vendors

(a) The division of vocational rehabilitation shall provide for the establishment and operation, including the payment of all reasonable expenses, of a committee of blind vendors to be elected biennially by the licensed blind vendors. Members of the committee of blind vendors shall be elected by secret ballot and the division of vocational rehabilitation in cooperation with the members of the committee of blind vendors shall adopt rules and regulations pertaining to the election of members and the filling of vacancies that may occur on the committee of blind vendors that will assure every blind vendor an opportunity to cast a secret ballot.
(b) The committee of blind vendors shall actively participate in an advisory capacity in the carrying out of all program management responsibilities assigned to the division of vocational rehabilitation in this article, and the division of vocational rehabilitation shall assure active participation with this committee.
These advisory responsibilities include:
(1) Major administrative decisions in policy and program development decisions affecting the overall administration of the state's food services facilities program;
(2) Receiving and transmitting grievances at the request of blind vendors and serving as an advocate for blind vendors in connection with such grievances;
(3) Development and administration of a state system for the transfer and promotion of blind vendors;
(4) Development of training and retraining programs for blind vendors; and
(5) Sponsorship of meetings and instructional conferences for blind vendors within the state.
2023 West Virginia Code › Chapter 18. Education › Article 10H. Albert Yanni Programs of Excellence in Vocational-Technical Education › §18-10H-1. Purpose; Legislative Intent

Rapid technological advances, the advent of a global economy, changing demographics and restructuring of the traditional workplace have dictated changes in educational programs designed to prepare work force entrants and incumbents. More emphasis must be placed on the transfer of technology, via the educational system, to the workplace resulting in an academically and technically literate work force. A structure must be established to provide incentives, high expectations and encouragement for talented vocational-technical students to pursue advanced education and training related to their technical disciplines, as well as provide a mechanism for the technical updating of vocational-technical teachers and administrators, including opportunities for the attainment of advanced degrees.
The economic future of the State of West Virginia will be greatly influenced by the ability of the educational system to prepare competent individuals for a highly competitive and technological workplace. Excellence in terms of faculty, programs and educational opportunities for all West Virginians will greatly affect the degree of future economic prosperity within the state. With the enactment of this article, the Legislature intends to address a major void in the current system of vocational-technical education in West Virginia through the creation of a comprehensive program of educational incentives for talented students, teachers and administrators. The results of the programs and initiatives proposed by this article can have a significant impact toward achieving excellence in vocational-technical education within West Virginia and revitalizing the state's economy.
2023 West Virginia Code › Chapter 18. Education › Article 10H. Albert Yanni Programs of Excellence in Vocational-Technical Education › §18-10H-2. Academy for Talented Vocational-Technical Education Students

The West Virginia Board of Education shall establish by July 1, 1990, an annual academy for talented vocational-technical education students, including a foundation for receiving private financial support. The purposes of the academy are to stimulate and reward student commitment to excellence in secondary vocational-technical education; to stimulate growth in the critical and creative thinking abilities of vocational-technical students; to assist exceptionally talented secondary vocational-technical education students to achieve their individual potentials; to bridge the gap between educational practice and the technological workplace; and to provide a medium for interaction between talented vocational-technical students and innovative leaders of business and industry and labor.
The state Board of Education may establish a coordinating committee to set operating guidelines for the academy and supporting foundation, including, but not limited to, selection of participants, promotion, program development, location, facilities and staffing.
The nonprofit academy foundation shall exist to solicit private funds and resources to enhance the operation of the academy.
2023 West Virginia Code › Chapter 18. Education › Article 10H. Albert Yanni Programs of Excellence in Vocational-Technical Education › §18-10H-3. Scholarship Fund for Vocational-Technical Education Students and Educators

Beginning with the school year one thousand nine hundred eighty-nine--ninety, the state Board of Education shall establish a scholarship program for outstanding secondary vocational-technical education graduates to pursue additional post-secondary college work in a related career or technical field. The board may award twenty annual scholarships, not to exceed $2,000 each, based on criteria to be established by the board. Additionally, the board may award fifteen annual scholarships, not to exceed $1,000 each, to outstanding vocational-technical teachers for the purpose of pursing advanced degrees or technical updating of their professional competencies. The criteria for awarding the educator scholarships shall be promulgated by the board. The foundation provided for in section two of this article shall solicit private sector funds for these scholarships.
2023 West Virginia Code › Chapter 18. Education › Article 10H. Albert Yanni Programs of Excellence in Vocational-Technical Education › §18-10H-5. Vocational-Technical Education Administrator's Academy

The West Virginia Board of Education shall maintain and expand an annual vocational-technical education administrator's academy. The purposes of this academy are to stimulate excellence in vocational-technical education programming statewide through the development of progressive instructional leadership, planning and program development competencies of vocational-technical education administrators.
The board may establish a coordinating committee made up of the Department of Education staff, local vocational administrators and representatives of the vocational-technical education department at Marshall University to plan and administer this program. The nonprofit academy foundation established in section two of this article shall exist to solicit private funds and resources to enhance the operation of the academy.
2023 West Virginia Code › Chapter 18. Education › Article 10H. Albert Yanni Programs of Excellence in Vocational-Technical Education › §18-10H-6. Effective Schools Program in Vocational-Technical Education

The state Board of Education shall establish and operate an effective schools program for vocational-technical education, including introductory vocational-technical courses in middle school grades as appropriate. The purpose of the program is to provide vocational-technical education personnel with resources and staff development for school program improvement based on application of the effective schools research, including components such as instructional leadership, school climate, high student expectations, emphasis on academic and occupational achievement and community and parental involvement. The program shall be coordinated by the bureau of vocational, technical and adult education with the advisement from a committee composed of two vocational administrators, two vocational teachers, one vocational guidance counselor, one educator of vocational teachers, one county school superintendent, one comprehensive high school principal, one academic teacher, two business/industry representatives, one labor representative and one vocational education program completer.
2023 West Virginia Code › Chapter 18. Education › Article 10H. Albert Yanni Programs of Excellence in Vocational-Technical Education › §18-10H-7. Unified Technology Transfer Program

The state Board of Education shall establish a unified technology transfer program for vocational-technical educators, beginning July 1, 1990. This program shall emphasize initiatives designed to improve the transfer of technology through the vocational-technical education curriculum. Such initiatives must impact on improved staff development, curricula and instructional methods reflecting work applications of the new and emerging technologies. The vocational-technical education system must be a catalyst in bridging the gap between high technology and the workplace. Workers for the twenty-first century must know how to install, operate and maintain high technology equipment, systems and processes.
The unified technology transfer program shall provide innovative staff development opportunities through the following initiatives:
(a) A technical update program for vocational-technical education teachers to learn high technology skills needed to teach the operation, maintenance, or repair of high technology equipment, through placement in industry, formal technical coursework, seminars, teleconferences and other staff development functions;
(b) A "Teachers-Teach-Teachers" program to allow the most effective teachers in the state to instruct fellow teachers on how to effectively teach and incorporate high technology skills in the classroom and laboratory;
(c) An "Academy Chair" program to allow education or business-industry persons to serve as a resident expert in the transfer of technology, including conducting seminars in educational institutions, teleconferences and in the workplace;
(d) A business and education exchange program to allow vocational-technical education teachers to work in a company or business, while the business person teaches in the vocational-technical education program;
(e) A beginning teacher internship program to allow new vocational-technical teachers to receive guidance from a mentor teacher in teaching high technology skills, including acquisition of such skills; and
(f) A vocational-technical completer capstone experience program that allows talented students an opportunity to learn high technology skills appropriate for their occupational area of study through internship placement in an appropriate business or industry setting.
The state Board of Education may formulate policies and procedures designed to implement this section.
The foundation provided for in section two of this article shall solicit private sector funds and encourage partnerships to implement this program.
2023 West Virginia Code › Chapter 18. Education › Article 10I. West Virginia Supported Employment Program › §18-10I-1. Findings

(a) The West Virginia Legislature acknowledges that persons with severe disabilities can be productive, contributing members of the community, and that supported employment is a way of accomplishing the goal of employment for many persons with severe disabilities.
(b) If persons with disabilities are afforded opportunities to work in socially valued jobs with dignity, opportunities for advancement, and fair pay and compensation, then West Virginians with disabilities will lead more independent and productive lives, pay taxes, and decrease their need for public assistance. Studies have shown that supported employment is cost effective, and it is in the interest of the Legislature and the citizens of West Virginia to experiment within limited resources, through a model program of supported employment for persons with severe disabilities.