H. B. 2892
(By Delegates
Mezzatesta, Fragale, Proudfoot,
Compton, Kelley, Cann and Border)
(Originating in the Committee on Finance)
[April 3, 1997]
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
creating a presumption that each blind student or severely
visually impaired student shall be proficient in braille
reading and writing when developing the student's
individualized written education program; exceptions; and
requiring publishers to furnish users of textbooks to
furnish the users with computer diskettes for literary
subjects in the American standard code for information
interchange from which braille versions of the textbook can
be produced.
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. ANDREW D. DRUGAN BRAILLE LITERACY RIGHTS AND EDUCATION ACT.
§18-10J-1. Short title.
This article may be cited as the "Andrew D. Drugan Braille
Literacy Rights and Education Act."
§18-10J-2. Individualized planning and assessment.
In developing the individualized written education program
for each blind or severely visually impaired student, the
presumption shall be that proficiency in braille reading and
writing is essential for the student to achieve satisfactory
educational progress. The assessment required for each student
shall include a braille skills inventory, including a statement
of strengths and deficits. Braille instruction and use are not
required by this section if, in the course of developing the
student's individualized educational program, all members of the
team concur that the student's visual impairment does not affect
reading and writing performance commensurate with ability.
Nothing in this section requires the exclusive use of braille if
other special education services are appropriate to the student's
educational needs. The provision of other appropriate services
may not preclude braille use or instruction.
§18-10J-3. Standards of competency and instruction.
(a) Instruction in braille reading and writing shall be
sufficient to enable each blind or severely visually impaired
student to communicate effectively and efficiently with the same
level of proficiency expected of the student's peers of
comparable ability and grade level. The student's individualized education program shall specify:
(1) The results obtained from the inventory required under
section two of this article;
(2) How braille will be implemented as the primary mode for
learning through integration with other classroom activities;
(3) The date on which braille instruction will commence;
(4) The length of the period of instruction and the
frequency and duration of each instructional session;
(5) 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
(6) If a decision has been made under section two of this
article that braille instruction or use is not required for the
student:
(A) A statement that the decision was reached after a review
of pertinent literature describing the educational benefits of
braille instruction and use; and
(B) A specification of the evidence used to determine that
the student's ability to read and write effectively without
special education services is not impaired.
(b) No provision of this article may be construed to entitle
a blind or severely visually impaired student to the presence of
or instruction from a teacher capable of reading and writing
braille in any class other than a class intended soley for the
purpose of providing instruction in braille reading and writing.
§18-10J-4. Instructional materials.
The state board of education shall require a publisher of a
textbook used in this state to furnish the users with computer
diskettes for literary subjects in the American standard code for
information interchange from which braille versions of the
textbook can be produced. The publisher will furnish the users
with computer diskettes in the American standard code for
information interchange
for nonliterary subjects, e.g., natural
sciences, computer science, mathematics and music, when braille
specialty code translation software is available.
(a) On the effective date of this article, the state board
of education shall appoint a commission to expedite the
implementation of this section. The commission shall be composed
of no more than twelve individuals nominated by the state
superintendent of schools from within or outside of the state,
including, but not limited to:
(1) Computer software developers;
(2) Producers of braille textbooks;
(3) Specialists in braille education;
(4) Representatives of the state education agency;
(5) Publishers of elementary and high school textbooks; and
(6) At least one consumer, or an advocate of consumers, of
braille materials.
(b) The superintendent shall appoint a chairman from among
the commission members.
(c) Public members of the commission shall serve at their
own expense and are not entitled to reimbursement by the state for their participation in the commission's activities.
Representatives of a state agency shall be reimbursed from the
funds of that agency.
(d) The commission shall:
(1) Work with textbook publishers on the development of
processes for converting formatted text files to ASCII text files
needed for the production of braille textbooks with translation
software;
(2) Survey ongoing efforts in this state and elsewhere to
develop computer software needed for automated conversion of
publisher text files to the ASCII format and recommend additional
software development projects, if needed. If additional
development efforts are needed, the commission shall work with
publishers and software developers to prioritize typesetting
system conversion efforts;
(3) Study the feasibility of implementing a process by which
textbook publishers can transmit computerized textbook ASCII data
files through modem communication directly to the computers of
organizations producing braille textbook masters; and
(4) Study any other issues the commission determines are
relevant and necessary to the implementation of this subsection.
(e) The superintendent and the state board of education
shall report the commission's findings and a summary of their
activities to the Legislature.
§18-10J-5. Teacher certification.
As part of the certification process, teachers certified in
the education of blind and visually impaired students shall be
required to demonstrate competence in reading and writing
braille. The state agency responsible for certifying the
teachers shall adopt procedures to assess competencies which are
consistent with standards adopted by the national library service
for the blind and physically handicapped, Library of Congress,
Washington, D.C.
§18-10J-65. Definitions.
As used in this article:
(1)"Blind or severely visually impaired student" means an
individual who is eligible for special education services and
who:
(A)Has a visual acuity of 20/200 or less in the better eye
with correcting lenses or has a limited field of vision that the
widest diameter subtends an angular distance of not greater than
twenty degrees; or
(B)Has a medically indicated expectation of visual
deterioration.
(2)"Braille" means the system of reading and writing
through touch commonly known as standard English braille.
(3)"Individualized education program" means a written
statement developed for a student eligible for special education
services pursuant to section 602(a)(20) of Part A of the
Individuals with Disabilities Education Act, 20 U.S.C. Section 1401(a).