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).