1078-S

AN ACT Relating to the instruction in Braille reading and writing to blind students; adding new sections to chapter 28A.155 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. It is the goal of the legislature to encourage persons who are blind or visually impaired to participate fully in the social and economic life of the state, and to engage in remunerative employment. The legislature finds that literacy is essential to the achievement of this goal. Furthermore, the legislature finds that literacy for persons who are blind or visually impaired means the ability to read and write Braille with proficiency. Therefore, it is the intent of the legislature that, in the education of students who are blind or visually impaired, there shall be a presumption that proficiency in reading and writing Braille is necessary for satisfactory educational progress. The legislature further intends that instruction in Braille reading and writing shall be sufficient to enable each student who is blind or visually impaired to communicate effectively and efficiently at a level commensurate with such student's sighted peers of comparable grade level and ability.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 3 through 5 of this act.

(1) "Legally blind" means:

(a) Having a visual acuity of 20/200 or less in the better eye with conventional correction or having a limited field of vision such that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees;

(b) Having a physical condition with a medical expectation of visual deterioration; or

(c) Being unable to read printed material at a competitive rate with facility due to lack of visual acuity or other visual impairment.

(2) "Braille" means the system of reading and writing through touch commonly known as standard English Braille.

(3) "Student" means any student who is legally blind or any student eligible for special education services for the visually impaired as defined in the individuals with disabilities education act, 20 U.S.C. Sec. 1400 et seq.

NEW SECTION. Sec. 3. (1) Students may receive instruction in Braille reading and writing as part of their individualized education program.

(2) Each student who is blind shall be assessed to determine the most appropriate learning media, including but not limited to Braille.

(3) No student may be denied the opportunity for instruction in Braille reading and writing solely because the student has some remaining vision.

(4) Nothing in this section requires the exclusive use of Braille if other special education services are appropriate to meet the student's educational needs. The provision of other appropriate services does not preclude Braille use or instruction.

NEW SECTION. Sec. 4. (1) If Braille is to be provided as part of a student's individualized education program, the program shall specify:

(a) How Braille will be implemented through integration with normal classroom activities;

(b) The date on which Braille instruction will begin;

(c) The level of competency in Braille reading and writing to be achieved by the end of the period covered by the individualized education program; and

(d) The duration of each session of Braille instruction.

(2) If Braille will not be provided to a child who is legally blind or visually impaired, the reason for not incorporating it in the individualized education program shall be documented.

NEW SECTION. Sec. 5. (1) A committee shall be formed to assist the state board of education in determining teacher competencies in the instruction of Braille to legally blind and visually impaired students. The committee shall be composed of, but not limited to, a representative of each of the following: The national federation of the blind of Washington, the Washington council of the blind, and the association of education and rehabilitation of the blind and visually impaired of Washington. The board shall adopt the competencies in rule by August 31, 1997. Once adopted they shall be distributed by the board to every school district.

(2) Effective September 1, 1998, a school district shall assign responsibility for teaching Braille to legally blind and visually impaired students to a teacher only after the teacher has demonstrated competency in Braille as specified under subsection (1) of this section.

(3) School districts may use a noncertificated teacher to provide instruction in Braille if the individual has demonstrated competency in Braille as specified under subsection (1) of this section.

NEW SECTION. Sec. 6. Sections 2 through 5 of this act are each added to chapter 28A.155 RCW.