COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 409

(By Senators Hunter, Helmick and Ross)

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[Originating in the Committee on Education;
reported March 3, 1998.]

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A BILL to amend chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article ten-j, relating to requiring that the individualized education program of each blind or visually impaired child include provisions for instruction in braille and the use of braille appropriate to the child's current and future literacy needs; establishing standards of proficiency and instruction; providing materials in a computer-accessible format capable of braille reproduction; and requiring the certification of teachers in accordance with braille literacy standards.

Be it enacted by the Legislature of West Virginia:
That chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article ten-j, to read as follows:
ARTICLE 10J. BLIND PERSONS' LITERACY RIGHTS AND EDUCATION ACT.
§18-10J-1. Short title.

This article may be cited as the "Blind Persons' Literacy Rights and Education Act."
§8-10J-2. Individualized education program.
In developing the individualized education program in the case of a child who is blind or visually impaired, provisions shall be made for instruction in braille and the use of braille unless the individualized education program team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in braille or the use of braille), that such instruction or use is not appropriate for the child. Nothing in this section requires the exclusive use of braille if other special education services are appropriate to the child's educational needs. The provision of other appropriate services shall not preclude braille use or instruction.
§18-10J-3. Standards of competency and instruction.
Instruction in braille reading and writing shall be provided with the goal of enabling each blind or visually impaired child to communicate effectively and efficiently with the same level of proficiency expected of the child's peers of comparable ability and grade level. The child's individualized education program shall specify:
(a) The results obtained from the evaluations required under section two of this article;
(b) How braille will be implemented as the primary mode for learning through integration with other classroom activities;
(c) The date on which braille instruction will commence;
(d) The length of the period of instruction and the frequency and duration of each instructional session;
(e) The level of competency in braille reading and writing to be achieved by the end of the period and the objective assessment measures to be used; and
(f) If a decision has been made under section two of this article, that braille instruction or use is not required for the child:
(1) Documentation that the decision was reached after a review of pertinent literature describing the educational benefits of braille instruction and use; and
(2) A specification of the evidence used to determine that the child's ability to read and write effectively without braille instruction is not impaired.
§18-10J-4. Instructional materials.
All publishers of textbooks or other instructional materials sold to the state or any local education agency (including post- secondary institutions) must furnish computer diskettes for literary subjects in the American standard code for information interchange from which braille versions can be produced. Further, the publishers shall furnish computer diskettes in American standard code for information interchange for nonliterary subjects, including natural sciences, computer science, mathematics and music, when braille specialty code translation software is available.
§18-10J-5. Teacher certification and training.
As part of the professional certification process, teachers seeking to become certified in the education of blind and visually impaired children shall be required to demonstrate competence in reading and writing braille. Before issuing a professional certificate to teach the blind and visually impaired, the West Virginia department of education shall require that the applicant demonstrate, based upon standards adopted by the National Library Service for the Blind and Physically Handicapped, Library of Congress, Washington, D.C., that he or she is proficient in reading and writing braille. This requirement shall become effective the first day of July two thousand. Teachers already certified in the education of blind and visually impaired children shall not be required to demonstrate such proficiency in order to retain their certification. Further, the West Virginia department of education shall, on a schedule of at least once every three years, make available to all teachers of blind and visually impaired children a continuing education class in reading or writing braille or a college credit course in reading and writing braille, or both. In order to achieve successful completion of such a course, a teacher must demonstrate proficiency in reading and writing braille at a level commensurate with the aforementioned standards adopted by the National Library Service for the Blind and Physically Handicapped, Library of Congress. The National Literary Braille Competency Test shall be used to satisfy any requirement to demonstrate competency and proficiency in reading and writing braille in this section.
§18-10J-6. Definitions.
The following words used in this article shall be construed as follows:
(a) "Blind or visually impaired child" means an individual who is eligible for special education services and who:
(1) Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees; or
(2) Has a medically indicated expectation of visual deterioration.
(b) "Braille" means the system of reading and writing through touch commonly known as standard English braille.
(c) "Individualized education program" and "IEP team" have the meanings provided in section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. Section 1414(d)).
(d) "Textbooks and other instructional materials" means any literary or nonliterary works obtained for use in a course of study.
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FINANCE COMMITTEE AMENDMENTS


On page __, after section one, by inserting a new section to read as follows:
"§18-10J-2. Definitions.
The following words used in this article shall be construed as follows:
(a) "Blind or visually impaired child" means an individual who is eligible for special education services and who:
(1) Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees; or
(2) Has a medically indicated expectation of visual deterioration.
(b) "Braille" means the system of reading and writing through touch commonly known as standard English braille.
(c) "Individualized education program" and "IEP team" have the meanings provided in section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. Section 1414(d)).
(d) "Textbooks and other instructional materials" means any literary or nonliterary works obtained for use in a course of study."
and by renumbering the remaining sections;
On page __ section three, lines __ and __, by striking out the words "in the case of" and inserting in lieu thereof the word "for";
On page __, section three, lines __ and __, by striking out the words "provisions shall be made for "and inserting in lieu thereof the words "the individualized education program team shall provide for the child to receive";
On page __, section three, line __, by striking out the word "such" and inserting in lieu thereof the word "the";
On page __, section four, line __, by striking out the word "two" and inserting in lieu thereof the word "three";
On page __, section five, line __, by striking out the word "must" and inserting in lieu thereof the word "shall";
On page __, section six, line __, by striking out the words "be required to";
On page __, section six, line __, by striking out the words "shall become" and inserting in lieu thereof the word "becomes";
On page __, section six, line __, after the word "July" by inserting a comma;
On page __, section six, line __, by striking out the words "shall not be" and inserting in lieu thereof the words "are not"
On page __, section six, line __, by striking out the word "such" and inserting in lieu thereof the word "that";
On page __, section six, line __, by striking out the word "such";
On page __, section six, line __, by striking out the word "must" and inserting in lieu thereof the word "shall";
On page __, section six, line __, by striking out the word "aforementioned";
On page __, section six, line __, by striking out the words "The National Literary Braille Competency Test shall be used" and inserting in lieu thereof the words "The West Virginia department of education shall use the National Literary Braille Competency test";
And,
On page __, after line __, by striking out the remainder of the bill.