Article 3.5. Individualized Education Program For Visually Impaired Pupils of California Education Code >> Division 4. >> Title 2. >> Part 30. >> Chapter 4. >> Article 3.5.
Unless the context otherwise requires, the definitions set
forth in this section shall govern the construction of this article.
(a) A "functionally blind pupil" means a pupil who relies
basically on senses other than vision as major channels for learning.
(b) A "pupil with low vision" means a pupil who uses vision as a
channel for learning, but who may also benefit from instruction in
braille.
(c) A "visually impaired pupil" means a pupil who is functionally
blind or a pupil with low vision. For purposes of this article, a
"visually impaired pupil" does not include a pupil who is eligible
for special education and related services based on a specific
learning disability identified pursuant to Section 56338.
(d) "Braille" means the system of reading and writing through
touch commonly known as "Standard English Braille, American Edition."
Local educational agencies shall provide opportunities for
braille instruction for pupils who, due to a prognosis of visual
deterioration, may be expected to have a need for braille as a
reading medium.
(a) (1) A local educational agency may reinforce braille
instruction using a braille instructional aide who meets the criteria
set forth in paragraph (2) under the supervision of a teacher who
holds an appropriate credential, as determined by the Commission on
Teacher Credentialing, to teach pupils who are functionally blind or
visually impaired. This instruction shall be in accordance with the
individualized education program of the pupil.
(2) For purposes of this section, a braille instructional aide
shall demonstrate to the supervising teacher that he or she is fluent
in reading and writing grade 2 braille and possesses basic knowledge
of the rules of braille construction.
(b) A local educational agency that employs a braille
instructional aide shall provide the aide with information regarding
teaching credential programs, including the Wildman-Keeley-Solis
Exemplary Teacher Training Act of 1997 (Article 12 (commencing with
Section 44390) of Chapter 2 of Part 25) and the Teacher Education
Internship Act of 1967 (Article 3 (commencing with Section 44450) of
Chapter 3 of Part 25).
(a) The Superintendent of Public Instruction shall form an
advisory task force to develop standards for the mastery of the
braille code as a child progresses through kindergarten to grade 12,
inclusive.
(b) The task force shall include, but shall not be limited to,
members approved by the State Board of Education representing all of
the following:
(1) Parents of visually impaired pupils.
(2) Teachers of visually impaired pupils.
(3) Researchers in the field of visual impairment.
(4) Braille experts.
(5) Groups that advocate for teaching of, and use of, braille.
(6) Groups that advocate for the visually impaired.
(c) The task force shall report to the Governor and to the
education committees of the Assembly and the Senate by June 30, 2004.
(a) The Superintendent shall utilize the advisory task
force established pursuant to Section 56351.7 to develop standards
for pupils described in subdivision (b) to learn, and to achieve
mastery of, the braille mathematics code as they progress through
kindergarten and grades 1 to 12, inclusive.
(b) The standards described in subdivision (a) shall be developed
for pupils who, due to a visual impairment, are functionally blind or
may be expected to have a need to learn the braille code as their
primary literacy mode for learning.
(c) The task force shall, by March 1, 2006, report to the state
board with the standards it develops pursuant to subdivision (a).
(a) By June 1, 2006, the state board shall adopt braille
reading and mathematics standards for pupils who, due to a visual
impairment, are functionally blind or may be expected to have a need
to learn the braille code as their primary literacy mode for
learning.
(b) County offices of education, school districts, and special
education local plan areas shall provide to pupils described in
subdivision (a) opportunities for instruction to master the braille
reading and mathematics standards described in subdivision (a).
(a) A functional vision assessment conducted pursuant to
Section 56320 shall be used as one criterion in determining the
appropriate reading medium or media for the pupil.
(b) An assessment of braille skills shall be required for
functionally blind pupils who have the ability to read in accordance
with guidelines established pursuant to Section 56136. A local
educational agency may provide pupils with low vision with the
opportunity to receive assessments to determine the appropriate
reading medium or media, including braille instruction, for the
pupils.
(c) The determination, by a pupil's individualized education
program team, of the most appropriate medium or media, including
braille, for functionally blind pupils who have the ability to read
shall use as one criterion the assessment provided for pursuant to
subdivision (b) and shall be in accordance with guidelines
established pursuant to Section 56136.
(d) Except as provided in subdivision (b) of Section 56351.5,
braille instruction shall be provided by a teacher who holds an
appropriate credential, as determined by the Commission on Teacher
Credentialing, to teach pupils who are functionally blind or visually
impaired.
(e) Each visually impaired pupil shall be provided with the
opportunity to receive an assessment to determine the appropriate
reading medium or media, including braille instruction, if
appropriate, for that pupil.