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Home » US Law » 2022 West Virginia Code » Chapter 18. Education » Article 10A. Rehabilitation Services

§18-10A-1. Definitions

As used in this article and §18-10B-1 et seq. of this code: (1) “State board” means the Secretary of the Department of Commerce, or where required by federal law, the board, commission or council designated by the Secretary of the Department of Commerce to oversee certain functions of the Division of Rehabilitation Services. All references […]

§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 […]

§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, […]

§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 […]

§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.

§18-10A-2. Division of Rehabilitation Services

(a) The Division of Rehabilitation Services is transferred to the Department of Commerce created in §5F-1-1 et seq. of this code. The secretary shall appoint any board, commission, or council over the division to the extent required by federal law to qualify for federal funds for providing rehabilitation services for disabled persons. The secretary and […]

§18-10A-2a. Rehabilitation Teachers

(a) Notwithstanding any other provision of this code to the contrary, beginning July 1, 2012, rehabilitation teachers shall be paid at the equivalent rate of pay of teachers, pursuant to section two, article four, chapter eighteen-a of this code. Rehabilitation teachers shall be paid outside the public school support plan, defined in section one, article […]

§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 […]

§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 […]

§18-10A-4a. Attendant Care Services

The purpose of this section is to declare the intent of the state to enable severely physically disabled adults to enter or continue in the workforce, to enhance the opportunities for disabled individuals to participate fully in society through self-fulfillment and economic independence. The division shall administer the provision of attendant care services as a […]

§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 […]

§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 […]

§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 […]

§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 […]

§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 […]

§18-10A-9. Grievance Hearings

Any individual applying for or receiving vocational rehabilitation who is aggrieved by any action or inaction of the division shall be entitled, in accordance with regulations, to a fair hearing.