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October 2000

TO: District Superintendents
Presidents of Boards of Education
Superintendents of Schools
Organizations, Parents & Individuals Concerned with Special Education
Superintendents of State-Operated and State-Supported Schools
Executive Directors of Approved Private Schools
Directors of Approved Preschool Programs
Principals of Public Schools
Directors of Special Education
Chairpersons of Committees on Special Education
Chairpersons of Committees on Preschool Special Education
Directors of Pupil Personnel Services
Commissioner’s Advisory Panel for Special Education Services
Impartial Hearing Officers
Community Dispute Resolution Centers
SETRC Project Directors and Training Specialists
State and Local Teacher Associations
ECDC Project Directors and Coordinators
New York City Board of Education
Independent Living Centers
Colleges with Special Education and General Education Teacher Training

FROM: Lawrence C. Gloeckler

The Blind Student’s Literacy Rights and Education Act was signed by the Governor on August 23, 2000 as Chapter 299 of the Laws of 2000 (attached). Effective immediately, this law requires that a school district:

• Ensure that a student who is blind or has a visual impairment receives instruction in Braille and in the use of Braille unless the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) determines that such instruction or use is not appropriate for the student.
• Base its decision to provide instruction in Braille and in the use of Braille to a student upon the results of an evaluation of:
• the student’s reading and writing skills;
• the student’s reading and writing needs;
• appropriate reading and writing media for the student, including the student’s future needs for such instruction in Braille and in the use of Braille.
• Ensure that the individualized education program (IEP) for each student who is blind or who has a visual impairment include the following:
• under present levels of performance, the results obtained from the above evaluations;
• if instruction in Braille and the use of Braille is recommended, measurable annual goals including benchmarks or short-term instructional objectives;
• the date on which Braille instruction will commence; and
• the frequency, location and duration of such services.
• Ensure that instruction in Braille reading and writing is designed to enable each student with a visual impairment and each student with deaf-blindness to communicate effectively and efficiently in accordance with the Regents learning standards.
• Ensure that Braille instruction is provided by a certified teacher of the blind and partially sighted or a certified teacher of the blind and visually impaired.

These requirements are consistent with federal and State regulations pertaining to special considerations a CSE or CPSE must make when developing an IEP for a student with blindness or a visual impairment. Attached is a copy of the recent United States Department of Education Policy Guidance: Educating Blind and Visually Impaired Students (Federal Register, Vol. 65, No.111, Thursday, June 8, 2000). This notice includes important information on the individual evaluation to determine a student's need for instruction in Braille and the IEP development process.

Instruction in Braille and in the use of Braille must be provided by a certified teacher of the blind and partially sighted. In an effort to increase the pool of qualified teachers of the blind and partially sighted, the State Education Department has expanded its Intensive Training Institutes (ITI). The ITI provides tuition assistance to eligible teachers to participate in courses at selected institutions of higher education, culminating in the issuance of either a provisional or permanent certificate as a teacher of the blind and partially sighted. The State Education Department is also planning Literacy Conferences to be conducted in collaboration with the Commission on the Blind and Visually Handicapped (CBVH). For information on these initiatives, contact the VESID Program Development and Support Services Unit at (518) 486-7462 or through the Internet at http://www.vesid.nysed.gov/lsn

The New York State Resource Center for the Visually Impaired provides technical assistance to parents and school personnel; orders new Braille and large print materials; orders instructional materials and assistive devices and loans existing Braille, large print and instructional materials to schools and agencies for use in their instructional programs. For information regarding services from the New York State Resource Center for the Visually Impaired, contact the Center at (716) 343-8100 or electronically to rglazier@mail.nysed.gov

For other questions about this information, please contact the VESID Special Education Policy Unit at 518-473-2878 or your Regional Associate at one of the following VESID Special Education Quality Assurance Regional Offices:

Eastern Regional Office (518) 486-6366
Hudson Valley Regional Office (914) 245-0010
Long Island Regional Office (631) 884-8530
New York City Regional Office (718) 722-4544
Western Regional Office (716) 344-2112, ext. 420

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