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
10L - RON YOST PERSONAL ASSISTANCE
10M - WEST VIRGINIA INDEPENDENT LI
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 10N. INFORMATION TECHNOLOGY ACCESS FOR THE BLIND AND VISUALLY IMPAIRED.
The Legislature finds that the use of interactive display terminals by state agencies is becoming a widespread means of access for employees and the public to obtain information available electronically, but that presentation of electronic data solely in a visual format is a barrier to access by individuals who are blind or visually impaired. Individuals who are blind or visually impaired have the right to full participation in the life of the state, including the use of advanced technology which is purchased by the state for use by employees, program participants and members of the general public. The Legislature also recognizes that technological advances allow interactive control of computers and use of the information by visually impaired persons, but that nonvisual access is dependent on the purchase of hardware and software that is compatible with technology used for nonvisual access.
The following words have the meanings indicated:
(a) "Access" means the ability to receive, use and manipulate data and operate controls included in information technology.
(b) "Blind or visually impaired individual" means an individual who:
(1) Has a visual acuity of 20/200 or less in the better eye with corrective lenses or has a limited field of vision so that the widest diameter of the visual field subtends an angle no greater than twenty degrees;
(2) Has a medically indicated expectation of visual deterioration; or
(3) Has a medically diagnosed limitation in visual functioning that restricts the individual's ability to read and write standard print at levels expected of individuals of comparable ability.
(c) "Information technology" means all electronic information processing hardware and software, including telecommunications.
(d) "Nonvisual" means synthesized speech, Braille and other output methods not requiring sight.
(e) "State agency" means the state or any of its departments, agencies or boards or commissions.
(f) "Telecommunications" means the transmission of information, voice, or data by radio, video or other electronic or impulse means.
(a) On or before September 1, 2001, the Purchasing Division of the Department of Administration shall develop nonvisual access standards for information technology systems employed by state agencies that:
(1) Provide blind or visually impaired individuals with access to information stored electronically by state agencies by ensuring compatibility with adaptive technology systems so that blind and visually impaired individuals have full and equal access when needed; and
(2) Are designed to present information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use, such as the use of text-only options.
(b) The Purchasing Division shall consult with state agencies and representatives of individuals who are blind or visually impaired in developing the nonvisual access standards described in subsection (a) of this section and the procurement criteria described in section four of this article.
(c) The head of each state agency shall establish a written plan and develop any proposed budget requests for implementing the nonvisual access standards for its agency at facilities accessible by the public.
(a) On or before January 1, 2002, the division shall approve minimum standards and criteria to be used in approving or rejecting procurements by state agencies for adaptive technologies for nonvisual access uses.
(b) Nothing in this article shall require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. Nothing in this article shall be construed to require the purchase of nonvisual adaptive equipment by a state agency.
(c) Notwithstanding the provisions of subsection (b) of this section, the applications, programs and underlying operating systems, including the format of the data, used for the manipulation and presentation of information shall permit the installation and effective use of and shall be compatible with nonvisual access software and peripheral devices.
(d) Compliance with the procurement requirements of this section with regard to information technology purchased prior to July 1, 2001, shall be achieved at the time of procurement of an upgrade or replacement of existing information technology equipment or software.