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Chapter 18     Entire Code


ARTICLE 1. DEFINITIONS; LIMITATIONS OF CHAPTER; GOALS FOREDUCATION.

ARTICLE 2. STATE BOARD OF EDUCATION.

ARTICLE 2A. ADOPTION OF TEXTBOOKS, INSTRUCTIONAL MATERIALS AND LEARNING TECHNOLOGIES.

ARTICLE 2B. AREA VOCATIONAL PROGRAM.

ARTICLE 2C. HARASSMENT, INTIMIDATION OR BULLYING PROHIBITION.

ARTICLE 2D. COMMUNITY EDUCATION.

ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.

ARTICLE 2F. INCENTIVES AND RESULTS BASED SCHOLARSHIP PROGRAM.

ARTICLE 2G. SCHOOL LIBRARY MEDIA IMPROVEMENT GRANT PROGRAM.

ARTICLE 2H. PUBLIC NOTICE AND PARTICIPATION IN STATE-MANDATED EDUCATIONAL REFORM.

ARTICLE 2I. PROFESSIONAL DEVELOPMENT.

ARTICLE 2J. PUBLIC AND HIGHER EDUCATION UNIFIED EDUCATIONAL TECHNOLOGY STRATEGIC PLAN.

ARTICLE 2K. THE DIABETES CARE PLAN ACT.

ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.

ARTICLE 4. COUNTY SUPERINTENDENT OF SCHOOLS.

ARTICLE 5. COUNTY BOARD OF EDUCATION.

ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.

ARTICLE 5B. SCHOOL INNOVATION ZONES ACT.

ARTICLE 5C. COMMITTEE REORGANIZATION AND COLLABORATIVE TEAM WAIVERS.

ARTICLE 5D. WEST VIRGINIA FEED TO ACHIEVE ACT.

ARTICLE 5E. INNOVATION IN EDUCATION ACT.

ARTICLE 5F. ACCESSIBILITY AND EQUITY IN PUBLIC EDUCATION ENHANCEMENT ACT.

ARTICLE 5G. PUBLIC CHARTER SCHOOLs.

ARTICLE 6. DRIVER EDUCATION.

ARTICLE 7. ADULT LITERACY EDUCATION PROGRAM.

ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.

ARTICLE 7B. TEACHERS\' DEFINED CONTRIBUTION RETIREMENT SYSTEM.

ARTICLE 7C. MERGER OF TEACHERS\' DEFINED CONTRIBUTION RETIREMENT SYSTEM WITH STATE TEACHERS RETIREMENT SYSTEM.

ARTICLE 7D. VOLUNTARY TRANSFER FROM TEACHERS\' DEFINED CONTRIBUTION RETIREMENT SYSTEM TO STATE TEACHERS RETIREMENT SYSTEM.

ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.

ARTICLE 8A. ATTENDANCE OF HOMELESS CHILDREN.

ARTICLE 9. SCHOOL FINANCES.

ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

ARTICLE 9B. STATE BOARD OF SCHOOL FINANCE.

ARTICLE 9C. STATE AID FOR CONSTRUCTION, RENOVATION AND REMODELING OF SCHOOL BUILDINGS AND EQUIPPING OF THE SAME.

ARTICLE 9D. SCHOOL BUILDING AUTHORITY.

ARTICLE 9E. AIR QUALITY IN NEW SCHOOLS ACT.

ARTICLE 9F. SCHOOL ACCESS SAFETY ACT.

ARTICLE 10. FEDERAL AID AND GIFTS FOR EDUCATIONAL PURPOSES.

ARTICLE 10A. REHABILITATION SERVICES.

ARTICLE 10B. VOCATIONAL REHABILITATION FACILITIES.

ARTICLE 10C. THE SOUTHERN REGIONAL EDUCATION COMPACT.

ARTICLE 10D. COMPACT FOR EDUCATION.

ARTICLE 10E. INTERSTATE COMPACT ON QUALIFICATIONS OF EDUCATIONAL PERSONNEL.

ARTICLE 10F. DISABLED PERSONS AND PUBLIC USE BUILDINGS AND FACILITIES.

ARTICLE 10G. PROVIDING OF FOOD SERVICE IN PUBLIC OFFICE BUILDINGS BY THE WEST VIRGINIA DIVISION OF VOCATIONAL REHABILITATION.

ARTICLE 10H. ALBERT YANNI PROGRAMS OF EXCELLENCE IN VOCATIONAL-TECHNICAL EDUCATION.

ARTICLE 10I. WEST VIRGINIA SUPPORTED EMPLOYMENT PROGRAM.

ARTICLE 10J. BLIND PERSONS\' LITERACY RIGHTS AND EDUCATION ACT.

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

ARTICLE 10L. RON YOST PERSONAL ASSISTANCE SERVICES ACT.

ARTICLE 10M. WEST VIRGINIA INDEPENDENT LIVING ACT.

ARTICLE 10O. DISABILITY HISTORY WEEK.

ARTICLE 11. WEST VIRGINIA UNIVERSITY.

ARTICLE 11A. REVENUE BONDS FOR UNIVERSITY CAPITAL IMPROVEMENTS.

ARTICLE 11B. REVENUE BONDS FOR UNIVERSITY FACILITIES, BUILDINGS AND STRUCTURES.

ARTICLE 11C. WEST VIRGINIA UNIVERSITY HOSPITAL AND WEST VIRGINIA HEALTH SYSTEM.

ARTICLE 11D. REVENUE BONDS FOR WEST VIRGINIA UNIVERSITY ATHLETIC FACILITIES.

ARTICLE 11E. REVENUE BONDS FOR MARSHALL UNIVERSITY ATHLETIC FACILITIES.

ARTICLE 12. STATE TEACHERS\' COLLEGES.

ARTICLE 12A. REVENUE BONDS FOR MARSHALL UNIVERSITY CAPITAL IMPROVEMENTS.

ARTICLE 12B. REVENUE BONDS FOR STATE INSTITUTIONS OF HIGHER EDUCATION -- CAPITAL IMPROVEMENTS ON SYSTEM BASIS.

ARTICLE 13. WEST VIRGINIA EDGE.

ARTICLE 14. BLUEFIELD STATE COLLEGE.

ARTICLE 15. WEST VIRGINIA INSTITUTE OF TECHNOLOGY.

ARTICLE 16. ANTIHAZING LAW.

ARTICLE 17. WEST VIRGINIA SCHOOLS FOR THE DEAF AND THE BLIND.

ARTICLE 18. WEST VIRGINIA SCHOOL FOR THE COLORED DEAF AND BLIND.

ARTICLE 19. EDUCATIONAL OPPORTUNITIES FOR CHILDREN OF DECEASED SOLDIERS, SAILORS, MARINES AND AIRMEN.

ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN.

ARTICLE 21. SPECIAL COMMUNITY-BASED PILOT DEMONSTRATION PROJECT TO IMPROVE OUTCOMES FOR AT-RISK YOUTH.

ARTICLE 22. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.

ARTICLE 22A. EMINENT SCHOLARS ENDOWMENT TRUST FUND ACT.

ARTICLE 22B. STATE SCHOLARSHIP PROGRAM.

ARTICLE 22C. STATE AID FOR STUDENTS ATTENDING GREENBRIER COLLEGE OF OSTEOPATHIC MEDICINE.

ARTICLE 22D. HIGHER EDUCATION STUDENT ASSISTANCE LOAN PROGRAM.

ARTICLE 22E. DISTINGUISHED PROFESSORS ENDOWMENT TRUST FUND ACT.

ARTICLE 23. ADDITIONAL POWERS, DUTIES AND RESPONSIBILITIES OF GOVERNING BOARDS OF STATE INSTITUTIONS OF HIGHER EDUCATION.

ARTICLE 24. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS OF HIGHER EDUCATION.

ARTICLE 25. TAX DEFERRED INVESTMENTS FOR TEACHERS AND OTHER EMPLOYEES.

ARTICLE 26. WEST VIRGINIA BOARD OF REGENTS.

ARTICLE 26A. STATE AUTISM TRAINING CENTER.

ARTICLE 26B. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION SYSTEM.

ARTICLE 26C. INSTITUTE FOR PUBLIC AFFAIRS.

ARTICLE 26D. INSTITUTE FOR INTERNATIONAL TRADE DEVELOPMENT.

ARTICLE 27. WEST VIRGINIA EDUCATION LOAN BOND PROGRAM.

ARTICLE 28. PRIVATE, PAROCHIAL OR CHURCH SCHOOLS, OR SCHOOLS OF A RELIGIOUS ORDER.

ARTICLE 29. GRIEVANCE PROCEDURE.

ARTICLE 30. WEST VIRGINIA COLLEGE PREPAID TUITION AND SAVINGS PROGRAM ACT.

ARTICLE 31. RESEARCH AND DEVELOPMENT AGREEMENTS FOR STATE INSTITUTIONS OF HIGHER EDUCATION.

ARTICLE 32. SEVERABILITY.

ARTICLE 10N. INFORMATION TECHNOLOGY ACCESS FOR THE BLIND AND VISUALLY IMPAIRED.

§18-10N-1. Findings; policy.

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.

§18-10N-2. Definitions.

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.

§18-10N-3. Purchasing to develop access standards; access clause to be included in contracts.

(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.

§18-10N-4. Procurements by the Purchasing Division.

(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.

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