[Nfbv-announce] HB 166 Literacy Assessment for Blind Bill Introduced by Delegate Cole

[Tracy Soforenko]

Hi Virginia Federationists:

 

The General assembly begins its 2016 Session  on Wednesday, January 13. 

I am pleased to share that Delegate Cole has introduced  the Literacy
Assessment bill as HB 166. This bill will be our major focus for Richmond
Seminar.

I have included the bill text below.

 

 

2016 SESSION 

INTRODUCED 

12/23/15 14:19 

16101537D 

HOUSE BILL NO. 166 

Offered January 13, 2016 

Prefiled December 23, 2015 

A BILL to amend and reenact § 22.1-217 of the Code of Virginia, relating

to visually impaired students; 

Braille. 

–––––––––– 

Patron––Cole (By Request) 

Committee Referral Pending 

–––––––––– 

Be it enacted by the General Assembly of Virginia: 

. That § 22.1-217 of the Code of Virginia is amended and reenacted as
follows: 

§ 22.1-217. Visually impaired students. 

A. As used in this section,

unless the context requires a different meaning: 

"Braille" means the system of reading and writing through touch and is
commonly known as the 

Braille tactile communication system. 

"Visually impaired" shall be defined by the Board of Education and the
Virginia Department for the 

Blind and Vision Impaired. 

B. Special education for visually impaired children students provided by a
school division shall be 

established, maintained, and operated jointly by the school board and the
Virginia Department for the Blind and Vision Impaired subject to the
regulations of the Board of Education. 

C.

Braille instruction shall be included in the student's Individualized
Education Plan Program (IEP), whenever appropriate. When developing the an
IEP

or a plan pursuant to § 504 of the Rehabilitation Act of 1973, 29 U.S.C. §
794 (Section 504 Plan) for students with visual impairment, the presumption

shall be that proficiency in literacy is essential for such student to
achieve satisfactory educational progress. However, use of Braille shall not

be required if other special education services are more appropriate to the
student's educational needs, and the provision of other appropriate services

shall not preclude Braille instruction. Each school division shall provide
instruction in Braille and the use of Braille for visually impaired students

unless the team responsible for developing a visually impaired student's IEP
(IEP team) or the team responsible for developing a student's Section 504

Plan (504 team) determines, after an evaluation of the student, that
instruction in Braille or the use of Braille is not appropriate to the
student's

educational needs. The evaluation shall be conducted by a certified Teacher
of the Visually Impaired (TVI) and shall include (i) a literacy assessment

that is research-based, data-driven, and validated and that results in
objective recommendations; (ii) a functional vision assessment; (iii) an
assessment

of the student's academic and functional strengths and deficits; (iv) an
assessment of the student's current and future needs; (v) a statement of the

appropriate reading and writing media for the student; and (vi) in the case
of a student with some residual vision, a comparison of the student's

current reading and writing skill levels to levels expected of peers who are
not visually impaired, as determined by the IEP team or 504 team. The
evaluation

may include a comprehensive assistive technology assessment if the IEP team
or 504 team determines that it is necessary. The literacy assessment

shall be administered to the student at least annually after the evaluation
by the certified TVI and when there is a significant change in the student's

vision. D. Nothing in this section shall require exclusive instruction in
Braille and the use of Braille when the IEP team or 504 team determines

that other specialized educational services and assistive technology devices
are more appropriate for the visually impaired student's educational needs.

The provision of other specialized educational services and assistive
technology devices shall not preclude instruction in Braille and the use of

Braille. E. Each IEP team and 504 team may determine that a visually
impaired student is eligible to receive instruction in the use of the
appropriate

Braille mathematics code in addition to Braille and the use of Braille. 

F. No visually impaired student shall be denied the opportunity for
instruction

in Braille and the use of Braille solely on the basis that the student has
some residual vision. 

B. G. As used in this subsection, unless the context requires a different
meaning, "program" means a modified program that provides special materials
or services and may include the employment of itinerant

teachers or resource room teachers for the visually impaired. The Virginia
Department for the Blind and Vision Impaired shall prepare and deliver a

program of special education services in addition to the special education
provided in the public school system designed to meet the educational needs

of visually impaired children students between the ages of birth and
twenty-one 21 and may prepare and deliver such programs for such individuals

of other ages. In the development of such a program, the 

Virginia Department for the Blind and Vision Impaired shall cooperate with
the Board of Education and the school boards of the several school
divisions.

The Virginia Department for the Blind and Vision Impaired shall assist the
Board of Education and the school boards of the several school divisions

with in-service training in Braille for currently employed teachers of
students who are blind and visually impaired. 

C. As used in this section:

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

"Program" means a modified

program which provides special materials or services and may include the
employment of itinerant teachers or resource room teachers for the visually

impaired. 

"Visually impaired" shall be defined by the Board of Education and the
Virginia Department for the Blind and Vision Impaired.

 

Tracy Soforenko

 

Tracy.soforenko at gmail.com

202 285-4595