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;
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the words "in the case of" and inserting in lieu thereof the word
"for";
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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";
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"such" and inserting in lieu thereof the word "the";
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"two" and inserting in lieu thereof the word "three";
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"must" and inserting in lieu thereof the word "shall";
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"be required to";
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"shall become" and inserting in lieu thereof the word "becomes";
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inserting a comma;
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"shall not be" and inserting in lieu thereof the words "are not"
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"such" and inserting in lieu thereof the word "that";
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"such";
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"must" and inserting in lieu thereof the word "shall";
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"aforementioned";
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"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.