A. The state board of education shall adopt rules to promote braille literacy that:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

1. Assure that each blind pupil receives an individualized braille literacy assessment and appropriate educational services resulting from the assessment, establish standards of proficiency and instruction, provide materials in a computer accessible format capable of braille reproduction and require that certified teachers of visually impaired pupils meet braille competencies as specified in this section.

2. Assure that, in developing the individualized written education program for each blind pupil, the presumption shall be that proficiency in braille is essential for that pupil to achieve satisfactory educational progress. Braille instruction and use are not required by this section if, in the course of developing the pupil’s individualized education program, all members of the team concur that the pupil’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 pupil’s educational needs. The provision of other appropriate services does not preclude braille use or instruction.

3. Assure that instruction in braille is sufficient to enable each blind pupil to communicate effectively and efficiently in all subject areas with the same level of proficiency expected of the pupil’s peers of comparable ability and grade level. The pupil’s individualized education program shall specify:

(a) The results of a braille assessment.

(b) The methods by which braille will be implemented.

(c) The date on which braille instruction will begin.

(d) The length of the period of instruction and the frequency and duration of each instructional session.

(e) The level of competency in braille to be achieved by the end of the period of instruction and a description of the objective measures to be used to evaluate the pupil’s level of competency.

(f) A list of the appropriate braille materials and equipment needed to allow the pupil to achieve the level of competency specified in the individualized education program.

(g) The rationale for not providing braille if braille is not determined to be an appropriate medium.

4. Assure that the department of education shall require all publishers of textbooks to furnish the department with computer diskettes for literary and nonliterary subjects when diskettes become available for nonliterary subjects, in a standard format approved by the department of education from which braille versions of the textbook can be produced.

5. Assure that teachers certified in the education of blind and visually impaired pupils in this state on or after July 1, 1997 shall be required to demonstrate competence in braille. Competence shall be measured by either:

(a) Successful completion of a nationally validated test, when such a test is available.

(b) Successful completion of a braille test developed in the program in visual impairment at the university of Arizona.

B. As used in this section, "blind pupil" means a pupil who meets one or more of the following conditions:

1. Cannot successfully use vision as a primary and efficient channel for learning.

2. Exhibits such a low degree or amount of visual acuity or visual field that vision is not considered as a primary mode of learning.

3. Has a medically indicated prognosis of visual deterioration.