BRAILLE LITERACY SERVICES FOR BLIND OR VISUALLY IMPAIRED CHILDREN

                        STATE MODEL BILL

     PURPOSE: To assure that the individualized education
     program of each blind or visually impaired child
     includes provisions for instruction in Braille and the
     use of Braille appropriate to the child's current and
     future literacy needs; to establish standards of
     proficiency and instruction; to provide materials in a
     computer-accessible format capable of Braille
     reproduction; and to require the certification and re-
     certification of teachers in accordance with Braille
     literacy standards.    
SHORT TITLE
SECTION 1.  This Act may be cited as the "Blind Persons' Literacy
Rights and Education Act."  
INDIVIDUALIZED EDUCATION PROGRAM
SECTION 2.  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 IEP 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.    
STANDARDS OF COMPETENCY AND INSTRUCTION
SECTION 3.  Instruction in Braille reading and writing shall be
sufficient to enable 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 2;
     (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 2 that
          Braille instruction or use is not required for the
          child--
          (1)  a statement 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 special education services is
               not impaired.
                     INSTRUCTIONAL MATERIALS
SECTION 4.  All publishers of textbooks or other instructional
materials sold to the state or any local education agency
(including postsecondary institutions) must furnish computer
diskettes for literary subjects in the American Standard Code for
Information Interchange (ASCII) from which Braille versions can
be produced.  Further, the publishers shall furnish computer
diskettes in ASCII for nonliterary subjects, including natural
sciences, computer science, mathematics, and music, when Braille
specialty code translation software is available. 
SECTION 5.  As part of the certification and renewal process,
teachers certified in the education of blind and visually
impaired children shall be required to demonstrate competence in
reading and writing Braille.  The state agency responsible for
certifying such teachers may not issue or renew a license to
teach the visually impaired unless the applicant demonstrates,
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.    
DEFINITIONS
SECTION 6. As used in this Act,       
     (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.