~cA BILL ~s To assure that each blind student receives an individualized Braille literacy assessment and appropriate educational services resulting therefrom; to establish standards of proficiency and instruction; to provide materials in a computer-accessible format capable of Braille reproduction; and to require the certification of teachers in accordance with Braille literacy standards. ~s SHORT TITLE ~s Section 1. This Act may be cited as the "Blind Persons' Literacy Rights and Education Act." ~s INDIVIDUALIZED PLANNING AND ASSESSMENT ~s Section 2. In developing the individualized written education program for each blind student the presumption shall be that proficiency in Braille reading and writing is essential for such student to achieve satisfactory educational progress. The assessment required for each such student shall include a Braille skills inventory, including a statement of strengths/deficits. Braille instruction and use are not required by this section if, in the course of developing the student's individualized education 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 shall not preclude Braille use or instruction. ~s STANDARDS OF COMPETENCY AND INSTRUCTION ~s Section 3. Instruction in Braille reading and writing shall be sufficient to enable each blind 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-- ~la. the results obtained from the inventory required under section 2; ~lb. how Braille will be implemented as the primary mode for learning through integration with other classroom activities; ~lc. the date on which Braille instruction will commence; ~ld. the length of the period of instruction and the frequency and duration of each instructional session; ~le. 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 ~lf. if a decision has been made under section 2 that Braille instruction or use is not required for the student-- 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 student's ability to read and write effectively without special education services is not impaired. ~s INSTRUCTIONAL MATERIALS ~s Section 4. The state education agency shall require a publisher of a textbook adopted by the state Board of Education to furnish the agency with computer diskettes for literary subjects in the American Standard Code for Information Interchange (~aASCII) from which Braille versions of the textbook can be produced. The publisher will furnish the agency with computer diskettes in ~aASCII for non-literary subjects, e.g., natural sciences, computer science, mathematics, and music, when Braille specialty code translation software is available. 1. On the effective date of this Act, 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 12 individuals nominated by the Commissioner of Education from within or outside of the state, including, but not limited to: ~la. computer software developers; ~lb. producers of Braille textbooks; ~lc. specialists in Braille education; ~ld. representatives of the state education agency; ~le. publishers of elementary and high school textbooks; and ~lf. at least one consumer, or an advocate of consumers, of Braille materials. 2. The Commissioner shall appoint a chairman from among the commission members. 3. 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. 4. The commission shall: ~la. work with textbook publishers on the development of processes for converting formatted text files to ~aASCII text files needed for the production of Braille textbooks with translation software; ~lb. survey ongoing efforts in this state and elsewhere to develop computer software needed for automated conversion of publisher text files to the ~aASCII 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; ~lc. study the feasibility of implementing a process by which textbook publishers can transmit computerized textbook ~aASCII data files through modem communication directly to the computers of organizations producing Braille textbook masters; and ~ld. study any other issues the commission determines are relevant and necessary to the implementation of this subsection. 5. The commissioner and the state board of education shall report the commission's findings and a summary of their activities to the legislature. ~s TEACHER CERTIFICATION ~s Section 5. As part of the certification process, teachers certi/fied 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 such teachers shall adopt procedures to assess such competencies which are consistent with standards adopted by the National Library Service for the Blind and Physically Handicapped, Library of Congress, Washington, D.C. ~s DEFINITIONS ~s Section 6. As used in this Act, the term-- ~la. "Blind student" 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. ~lb. "Braille" means the system of reading and writing through touch commonly known as standard English Braille. ~lc. "Individualized education program" means a written statement developed for a student eligible for special education services pursuant to Section 602 (~la)(20) of part A of the Individuals with Disabilities Education Act, 20 ~lU.~lS.~lC. Section 1401(~la).