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Dear Fellow Federationists:<br><br>
On Wednesday I sent out copies of a letter concerning the teaching of
Braille to our K-12 students. One of the attachments was the letter
in a PDF image format. Since this is inaccessable, (sorry about
that,) I am including below, the text of the letter. Another
attachment to that mailing included the letter in a Microsoft Word
document.<br><br>
David Andrews<br><br>
<br>
<div align="center"><img src="cid:.0" width=90 height=93 alt="[]"><br>
</div>
UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF SPECIAL EDUCATION AND
REHABILITATIVE SERVICES<br>
<br>
JUN 1 9 2013<br>
Dear Colleague,<br>
For decades, Braille has been a key tool for literacy for many blind and
visually impaired individuals. The Individuals with Disabilities
Education Act (IDEA or Act),<sup>1</sup> in section 614(d)(3)(B)(iii),
specifically addresses a public agency's responsibility to make
provisions for Braille instruction in educating blind and visually
impaired students. This requirement states that, "in the case of a
child who is blind or visually impaired, [the Individualized Education
Program (IEP) Team must] provide 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 instruction in
Braille or the use of Braille is not appropriate for the child." In
the 1997 reauthorization of the IDEA, Congress added this requirement to
ensure that blind and visually impaired students are provided the Braille
instruction that is necessary for them to receive a free appropriate
public education (FAPE). It was retained without change when the IDEA was
reauthorized in 2004.<sup>2</sup> This requirement applies equally to
children who need Braille instruction when they enroll in kindergarten,
as well as to children who will benefit from Braille instruction because
they face the prospect of future vision loss later on in their
educational careers.<br>
Despite this requirement, one of the most serious concerns voiced by
parents and advocates of blind and visually impaired children is that the
number of students receiving instruction in Braille has decreased
significantly over the past several decades. As a result, these
individuals believe that Braille instruction is not being provided to
some students for whom it may be appropriate. The purpose of this letter
is to provide guidance to States and public agencies to reaffirm the
importance of Braille instruction as a literacy tool for blind and
visually impaired students, to clarify the circumstances in which Braille
instruction should be provided, and to reiterate the scope of an
evaluation required to guide decisions of IEP Teams in this
area.<sup>3</sup> This letter also identifies resources that are designed
to help strengthen the capacity of State and local personnel to meet the
needs of students who are blind or visually impaired.<br>
<img src="cid:.1" width=194 height=2 alt="[]">' Part B of the Individuals
with Disabilities Education Act, 20 U.S.C. §§1401, 1411-1419 (2004).<br>
<sup>2</sup> The IDEA Part B regulation in 34 CFR §300.324(a)(2)(iii)
incorporates this statutory requirement verbatim.<br>
<i><sup>3</sup></i> Blind and visually impaired students are also
protected by two other Federal laws: Section 504 of the Rehabilitation
Act of 1973 (Section 504), which prohibits disability discrimination by
entities, such as public schools, that receive Federal financial
assistance (29 U.S.C. § 794, 34 CFR part 104); and Title II of the
Americans with Disabilities Act of 1990 (Title II), which prohibits
disability discrimination by public entities, including public schools,
regardless of whether they receive Federal financial assistance (42
U.S.C. §§ 12131-12134, 28 CFR part 35). The Office for Civil Rights (OCR)
in the U.S. Department of Education enforces Section 504 in public
schools and, along with the U.S. Department of Justice, enforces Title II
in public schools. Information about OCR enforcement is available on
OCR's website at
<a href="http://www.ed.gov/ocr."><u>www.ed.gov/ocr.</a><br>
</u><div align="center">400 MARYLAND AVE. S.W., WASHINGTON, DC
20202-2600<br>
www,<a href="http://ed.gov/"><u>ed.gov<br>
</a></u><i>The Department of Education's mission is to promote student
</i>achievement and preparation <i>for global competitiveness by<br>
fostering educational excellence and </i>ensuring <i>equal
access.<br><br>
</i></div>
Page 2 Dear Colleague; Braille Instruction <b><u>Background<br>
</u></b>In the fall of 2010, nearly 30,000 of the students served under
Part B of the IDEA were reported as having "visual impairment
including blindness" as their <i>primary </i>disability,
(approximately 0.07% of the total school population<sup>4</sup>). The
population of children who receive services under Part B of the IDEA due
to blindness or visual impairment is extremely diverse. These children
display a wide range of vision difficulties and varying adaptations to
vision loss. With regard to the degree of vision loss, the student
population includes persons who are totally blind and persons with
minimal light perception, as well as persons with varying degrees of low
vision. With regard to adaptations to vision loss, persons with similar
degrees of vision loss may function very differently. A significant
visual deficit that could pose formidable obstacles for some children may
pose far less formidable obstacles for others. This is because
adaptations to vision loss are shaped by individual factors, such as
availability and type of family support and the level of the child's
intellectual, emotional, physical, and motor functioning.<br>
The challenge for educators of blind and visually impaired children is
how to teach skills that sighted children typically acquire through
vision. Blind and visually impaired students use a variety of methods to
learn to read, write, and acquire other skills. For reading purposes,
some students use Braille exclusively; others use large print or regular
print with or without low vision aids. Still others use a combination of
methods, including Braille, large print, low vision aids, and devices
with computer generated speech, while others have sufficient functional
vision to use regular print.<br>
Despite the wide range of vision difficulties and varying adaptations to
vision loss in the population of blind and visually impaired students,
Braille has been a very effective reading and writing medium for many of
them. Research has shown that knowledge of Braille provides numerous
tangible and intangible benefits, including increased likelihood of
obtaining productive employment and heightened self-esteem.<sup>5</sup>
Given these benefits, it is important that States and their public
agencies ensure the appropriate implementation of the IDEA requirement
regarding Braille instruction.<br>
<img src="cid:.2" width=193 height=2 alt="[]">4 Source:
<a href="http://www.ideadata.org/"><u>www.ideadata.org</a>;</u> see also
34 CFR §300.8(c)(13).<br>
<sup>s </sup>Bell, E. C. & Mina, N. "Blind and Visually Impaired
Adult Rehabilitation and Employment Survey: Final Results."
<i>Journal of Blindness, Innovation & Research, </i>Vol.', No.1
(2013): Accessed April 8, 2013. <i>See
</i>
<a href="http://www.pdrib.cominages/researchreports.pho" eudora="autourl">
<u>www.pdrib.cominages/researchreports.pho</a>.<br><br>
</u>Page 3 Dear Colleague: Braille Instruction <b><u>Other IDEA
Requirements<br>
</u></b>In implementing the IDEA requirement regarding Braille
instruction, the following additional IDEA requirements are applicable.
Under IDEA, each State and its public agencies must make FAPE available
to children with specified disabilities residing in the State in
mandatory age ranges through a properly developed IEP. Each child's IEP
must include the special education and related services and supplementary
aids and services that are necessary to ensure each child's meaningful
involvement and progress in the general education curriculum offered to
nondisabled students. 34 CFR §§300.101, 300.201, and
300.320-300.324.<br>
Under 34 CFR §300.304(c)(4) and (6), an evaluation must assess the child
in all areas related to the suspected disability and must be sufficiently
comprehensive to identify all of the child's special education and
related services needs. Also, under 34 CFR §300.304(c)(1)(iv), any
assessments and other evaluation materials used to assess a child must be
conducted by trained and knowledgeable personnel.<br>
<b><u>Instruction in Braille and the Use of Braille<br>
</u>IEP </b>Teams must ensure that children who are blind or who are
visually impaired are provided with the Braille instruction they need in
order to receive FAPE and to ensure their meaningful access to the
general education curriculum offered to nondisabled students. To this
end, IEP Teams for blind and visually impaired students should consider
each child's need for appropriate Braille instruction on an individual,
case-bycase basis, and without undue delay. Systematic and regular
instruction from knowledgeable and appropriately trained personnel is
essential for a child to become proficient in Braille. IEP Teams must
ensure that the instructional time allotted for Braille instruction is
sufficient to provide the level of instruction determined appropriate for
the child. For example, if a particular student has little or no skill in
Braille reading and writing, the IEP Team may conclude that frequent and
intensive instruction in Braille likely would be necessary to enable the
student to have meaningful access to the general curriculum.<br>
<b><u>Scope of Evaluation Related to Braille Instruction<br>
</u>The IDEA </b>requires that Braille instruction must be provided to a
child who is blind or visually impaired, unless the IEP Team determines,
based on an evaluation of the child's current and future reading and
writing needs, that Braille instruction is not appropriate for a
particular child. Generally, determinations regarding the components of
evaluations for particular children are matters within the purview of
State and local officials. The evaluation of vision status and the need
(or future need) for Braille instruction should be thorough and rigorous,
include a data-based media assessment, be based on a range of learning
modalities, including auditory, tactile, and visual, and include a
functional visual assessment. An assessment of a child's vision status
generally would include the nature and extent of the child's visual
impairment, and its effect, for example, on the child's ability to learn
to read, write, do mathematical calculations, and use computers and
other<br><br>
Page 4 Dear Colleague: Braille Instruction<br>
assistive technology, as well as the child's ability to be involved in
and make progress in the general curriculum offered to nondisabled
students. Such an evaluation generally would be closely linked to the
assessment of the child's present and future reading and writing
objectives, needs, and appropriate reading and writing media. The
information obtained through the evaluation generally should be used by
the 'EP Team in determining whether it would be appropriate to provide a
blind or visually impaired child with instruction in Braille or the use
of Braille as required by the IDEA. Factors, such as shortages of trained
personnel to provide Braille instruction; the availability of alternative
reading media (including large print materials, recorded materials, or
computers with speech output); or the amount of time needed to provide a
child with sufficient and regular instruction to attain proficiency in
Braille, may not be used to deny Braille instruction to a child. Rather,
it would be appropriate to deny Braille instruction to a child only when
the child's IEP Team, based on the results of a thorough and rigorous
evaluation, determines that instruction in Braille would be inappropriate
for that child. In addition, because the evaluation also must assess a
child's future needs, a child's current vision status should not
necessarily determine whether it would be inappropriate for that child to
receive Braille instruction while in school. This is particularly true
for a child with a degenerative vision condition who may have a high
degree of functional vision when the evaluation is conducted. The
evaluation of such a child would need to assess whether, despite the
child's current vision status, the child still could benefit from Braille
instruction while in school to increase the likelihood that the child
will obtain productive employment and be able to participate more fully
in family and community life.<br>
<b><u>Office of Special Education Programs' Investments and </b>Supports
</u><b>A. <u>Personnel Preparation<br>
</u></b>To help ensure that children with blindness and visual
impairments receive appropriate services, evidence-based interventions,
and appropriate materials and media, including Braille and Braille
instruction, the U.S. Department of Education's Office of Special
Education Programs (OSEP) awards competitive grants to support university
programs that prepare teachers of students who are blind or visually
impaired. During Fiscal Year (FY) 2012, OSEP invested approximately $18.6
million of discretionary grant funds specifically to improve services and
results for children who are blind or visually impaired. These funds
supported a variety of personnel preparation and technology projects to
increase the numbers of certified and licensed professionals with the
unique and specialized skills necessary to support the education of
students with blindness and visual impairments. OSEP funds personnel
preparation programs for teachers of blind or visually impaired students,
Braille teachers, and orientation and mobility instructors. OSEP requires
these personnel development programs to include curricula and coursework
in Braille and Braille instruction.<br><br>
Page 5 Dear Colleague: Braille Instruction <b>B. <u>Accessible
Instructional Materials<br>
</u></b>OSEP also funds technology investments that promote the
development, demonstration, and use of technologies that provide students
with print disabilities equal access to the general education curriculum
through collaboration with various industry, educational, and consumer
collaborators. These funding opportunities are designed to help
strengthen State and local capacity to meet the educational needs of
children who are likely to experience vision loss later in childhood or
early adolescence.<br>
Additionally, OSEP supports several initiatives to promote timely access
to accessible instructional materials for blind and visually impaired
students. The National Instructional Materials Access Center (NIMAC) is a
national repository that makes National Instructional Materials
Accessibility Standard (NIMAS)<sup>6</sup> files available for the
production of print instructional materials in specialized formats. The
NIMAC receives files in NIMAS format from textbook publishers, State
educational agencies (SEAs) and local educational agencies (LEAs), and
makes these files available for download in a variety of specialized
formats, such as Braille, audio, or digital text, on behalf of elementary
or secondary school students who are blind, are visually impaired, or
have other print disabilities. Consistent with the IDEA requirements for
SEAs and LEAs to make accessible instructional materials available to
persons who are blind, are visually impaired, or have other print
disabilities, all States must adopt NIMAS; however, SEAs and LEAs may
choose, but are not required to, coordinate with the NIMAC in carrying
out this responsibility.<sup>7<br>
</sup>SEAs and LEAs are encouraged to access Bookshare, an online,
accessible, digital library that allows students to access a large and
diverse collection of titles for school or pleasure reading including
textbooks, literature, leisure reading, reference materials, newspapers,
and magazines. Students can read multimodally (e.g., see and hear words
as they are being read and highlighted) and download reading materials to
be used with other technologies such as personal computers and cell phone
devices.<sup>8</sup> In 2007, Bookshare received a $32 million five-year
grant from OSEP to provide free access for students with a qualified
print disability.<br>
The Office of Special Education and Rehabilitative Services (OSERS)
provides a direct appropriation to the American Printing House for the
Blind (APH) to produce and distribute books and other educational
materials for students who are blind.<sup>9</sup> SEA representatives may
order Braille textbooks from APH at no cost. In 2012, APH offered 955
unique products designed to assist with the education of students who are
blind or visually impaired.<br>
<img src="cid:.3" width=196 height=2 alt="[]"><sup>6</sup> NIMAS
describes the minimum standard that SEAs and LEAs must meet in order to
comply with their responsibility under the IDEA to provide instructional
materials to blind persons or other persons with print disabilities.
<i>See </i>sections 612(a)(23)(A), 613(a)(6), and 674(e)(4) of IDEA.<br>
<sup>7</sup> For more information regarding NIMAS and NIMAC, go to
<a href="http://www.aim.cast.org/"><u>www.aim.cast.org</a>.<br>
</u>8 For further information about Bookshare, go to
<a href="http://www.bookshare.org/"><u>www.Bookshare.org</a></u>.<br>
<sup>9</sup><i> See </i>20 U.S.C. §§101-106a (2009); <i>See </i>also
<a href="http://www.anh.org/"><u>www.anh.org</a></u> for further
information.<br><br>
Page 6 Dear Colleague: Braille Instruction <u>Conclusion<br>
</u>Braille is a very effective reading and writing medium for many blind
and visually impaired persons, and research has shown that knowledge of
Braille provides numerous tangible and intangible benefits.<sup>1°</sup>
Therefore, it is imperative that IEP Teams for blind and visually
impaired students provide for instruction in Braille and the use of
Braille for those students, unless, based on a thorough and rigorous
evaluation, the IEP Team determines that instruction in Braille or the
use of Braille is not appropriate for a particular student.<br>
We hope this information is helpful in clarifying the application of the
IDEA requirements regarding Braille instruction for children who are
blind or visually impaired. Thank you for your continued interest in
improving results for children with disabilities.<br>
<div align="center">Sincerely,<br>
</div>
\(N\iN,--- <u>2 <br>
</u>
Melod
ove,
Ed
Michael K. Yudin<br>
Director,
Delegated the Authority<br>
Office of Special Education
Programs
to perform the functions<br>
and the duties of Assistant Secretary for Special<br>
Education and<br>
Rehabilitative Services<br><br>
<img src="cid:.4" width=198 height=2 alt="[]"><sup>i°</sup> Bell &
Mino, op.cit.<br><br>
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