West Virginia Code
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 - PROFESSIONAL DEVELOPMENT
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
5E - INNOVATION IN EDUCATION ACT
5F - ACCESSIBILITY AND EQUITY IN PU
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, RE
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
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
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
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
CHAPTER 18. EDUCATION.
ARTICLE 10K. WEST VIRGINIA TRAUMATIC BRAIN AND SPINAL CORD INJURY REHABILITATION FUND ACT.
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.
(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.
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.
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.
(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.
(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.