POLICY LETTER: July 13, 2012 to Patty Murray

THE SECRETARY OF EDUCATIONWASHINGTON. DC 20202July 13, 2012Honorable Patty MurrayUnited States SenateWashington, DC 20510 Dear Madam Chairman: Thank you for your letter of May 1, 2012, concerning Braille instruction and recommendations to the U.S. Department of Education (Department) to develop new regulations for the individualized education program (IEP) process for students with blindness or visual impairments. You also requested that the Department provide additional guidance to school districts emphasizing the importance of Braille instruction as a tool for literacy for blind and visually impaired students, the circumstances in which Braille instruction should be provided, and the scope of an evaluation to guide decisions of IEP Teams in this area. Because we believe that the applicable statutory and regulatory provisions are sufficiently clear, the Department does not intend to regulate further in this area at this time. However, the Department agrees that, based on the concerns you have raised,DEPARTMENT OF EDUCATION Educating Blind and Visually Impaired Students; Policy Guidance AGENCY: Office of Special Education and Rehabilitative Services, U.S. Department of Education. ACTION: Notice of policy guidance. SUMMARY: The Department issues this Notice of Policy Guidance (notice) to address the requirements of Part B of the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Act Amendments of 1997, as they apply to the education of blind and visually impaired students. This notice updates OSEP memorandum 964, Policy Guidance on Educating Blind and Visually Impaired Students dated November 3, 1995, to reflect new and revised statutory provisions added by the IDEA Amendments of 1997 and conforming regulatory changes to implement those requirements. The Department issued guidance for the education of students who are deaf in the form of a Notice of Policy Guidance published in the Federal Register on October 30, 1992 (57 FR 49274). That policy gThe challenge for educators of blind and visually impaired children, including those with other disabilities, is how to teach skills that sighted children typically acquire through vision. Blind and visually impaired students have used a variety of methods to learn to read, write, and acquire other skills, both academic and nonacademic. For example, 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, although with difficulty. In order to receive an appropriate education under Part B, it is generally understood that students who are blind or visually impaired must be provided appropriate instruction in a variety of subjects, including language arts, composition, and science and mathematics. However, in order to be educateAt the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and, If appropriate, the child.19 Public agencies must ensure that students are invited to attend IEP meetings if the participation of the student would be appropriate. For IEP meetings involving transition services, there are additional requirements. The Part B regulations provide that the public agency must invite a student with a disability of any age to attend his or her IEP meeting if a purpose of the meeting will be the consideration of either the student's transition services needs, the statement of needed transition services for the student, or both. In these situations, if the student does not attend the meeting, the public agency must ensure that the student's preferences and interests are considered. If another agency would likely be responsible for providing or paying for needed transition services, the public age(ii) Includes teaching students the following, as appropriate: (A) Spatial and environmental concepts and use of information received by the senses (such as sound, temperature and vibrations) to establish, maintain, or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street); (B) To use the long cane to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision; (C) To understand and use remaining vision and distance low vision aids; and (D) Other concepts, techniques, and tools. The responsible public agency must ensure that orientation and mobility services are provided by trained and knowledgeable personnel who meet appropriate State qualification standards. In some instances, these personnel will need to be qualified to work with blind and visually impaired students who, in addition to their blindness or visual impairments, have other physical, sensory, or emotional disabilities. Because tThe IDEA Amendments of 1997 specify that the placement decision is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options.44 Public agencies and parent training and information centers should take steps to ensure that parents of blind and visually impaired students are informed about available placement options for their child, including those addressing unique needs arising from a child's blindness or visual impairment and other disabilities, if applicable, and other identified educational needs. This will help to ensure that parents can provide meaningful input to the group making the placement decision. The overriding rule in placement is that each student's placement must be determined on an individual basis.45 In addition, as is true for students with other disabilities, the potential harmful effect of the placement on the blind or visually impaired student, or the quality of services he or Dated: June 5, 2000. Richard W. Riley, Secretary of Education. Appendix 1 Two other related Federal laws also are applicable to the education of blind and visually impaired students. Section 504 of the Rehabilitation Act of 1973, as amended (Section 504), 29 U.S.C. 794 and Title II of the Americans with Disabilities Act of 1990 (Title II of the ADA), 42 U.S.C. 12131, are civil rights laws that protect persons with disabilities from discrimination on the basis of disability. The Department's Office for Civil Rights (OCR) enforces Section 504, as it applies to recipients of Federal financial assistance from the Department. OCR also enforces Title II of the ADA, as it applies to public entities, regardless of receipt of Federal funds. Under Section 504 and its implementing regulations at 34 CFR Part 104, children with disabilities in public elementary and secondary education programs operated by recipients of Federal financial assistance are entitled to a free appropriate public education in accordance w17 34 CFR 300.347(a)(5)(i)(ii). 18 34 CFR 300.138(b); see also Attachment 1, 64 FR at 12564 (Mar. 12, 1999). 19 34 CFR 300.344(a)(1)(7). 20 34 CFR 300.344(b). 21 34 CFR 300.343(c). 22 34 CFR 300.343(a) and 300.342(c). 23 34 CFR 300.342(c)(2). 24 20 U.S.C. 1414(d)(3)(B)(iii) and 34 CFR 300.346(a)(2)(iii). 25 34 CFR 300.342(b)(1)(ii). 26 See Analysis of Comments and Changes, published as Attachment 1 to 34 CFR Part 300 (Attachment 1), 64 FR at 12590 (Mar. 12, 1999). 27 34 CFR 300.346(a)(2)(v). 28 34 CFR 300.308(b); Appendix A, question 36, 64 FR at 12479 (Mar. 12, 1999). 29 34 CFR 300.301(a). See also 34 CFR 300.244 regarding an LEA's obligations to use up to 5 percent of the amount the agency receives in any fiscal year in combination with other amounts other than education funds to develop and implement a coordinated services system designed to improve results for children and families; OSEP memorandum 007 dated January 13, 2000 to State Directors of Special Education, entitled Enhancing Coordinate46 34 CFR 300.552(d). 47 Appendix A, question 1, 64 FR 12406 at 12471 (Mar. 12, 1999). 48 34 CFR 300.503(a)(1) and (b)(2)(4), and (7). 49 34 CFR 300.505(a)(1). 50 34 CFR 300.504. 51 34 CFR 300.507(a). 52 34 CFR 300.507(a)(2), 300.506(a)(2) and (b). [FR Doc. 0014485 Filed 6700; 8:45 am] BILLING CODE 400001UPage 2ERGEFORMAT 11Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / NoticesTHE SECRETARY OF EDUCATIONWASHINGTON. DC 20202July 13, 2012Honorable Patty MurrayUnited States SenateWashington, DC 20510 Dear Madam Chairman: Thank you for your letter of May 1, 2012, concerning Braille instruction and recommendations to the U.S. Department of Education (Department) to develop new regulations for the individualized education program (IEP) process for students with blindness or visual impairments. You also requested that the Department provide additional guidance to school districts emphasizing the importance of Braille instruction as a tool for literacy for blind and visually impaired students, the circumstances in which Braille instruction should be provided, and the scope of an evaluation to guide decisions of IEP Teams in this area. Because we believe that the applicable statutory and regulatory provisions are sufficiently clear, the Department does not intend to regulate further in this area at this time. However, the Department agrees that, based on the concerns you have raised,DEPARTMENT OF EDUCATION Educating Blind and Visually Impaired Students; Policy Guidance AGENCY: Office of Special Education and Rehabilitative Services, U.S. Department of Education. ACTION: Notice of policy guidance. SUMMARY: The Department issues this Notice of Policy Guidance (notice) to address the requirements of Part B of the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Act Amendments of 1997, as they apply to the education of blind and visually impaired students. This notice updates OSEP memorandum 964, Policy Guidance on Educating Blind and Visually Impaired Students dated November 3, 1995, to reflect new and revised statutory provisions added by the IDEA Amendments of 1997 and conforming regulatory changes to implement those requirements. The Department issued guidance for the education of students who are deaf in the form of a Notice of Policy Guidance published in the Federal Register on October 30, 1992 (57 FR 49274). That policy gThe challenge for educators of blind and visually impaired children, including those with other disabilities, is how to teach skills that sighted children typically acquire through vision. Blind and visually impaired students have used a variety of methods to learn to read, write, and acquire other skills, both academic and nonacademic. For example, 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, although with difficulty. In order to receive an appropriate education under Part B, it is generally understood that students who are blind or visually impaired must be provided appropriate instruction in a variety of subjects, including language arts, composition, and science and mathematics. However, in order to be educateAt the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and, If appropriate, the child.19 Public agencies must ensure that students are invited to attend IEP meetings if the participation of the student would be appropriate. For IEP meetings involving transition services, there are additional requirements. The Part B regulations provide that the public agency must invite a student with a disability of any age to attend his or her IEP meeting if a purpose of the meeting will be the consideration of either the student's transition services needs, the statement of needed transition services for the student, or both. In these situations, if the student does not attend the meeting, the public agency must ensure that the student's preferences and interests are considered. If another agency would likely be responsible for providing or paying for needed transition services, the public age(ii) Includes teaching students the following, as appropriate: (A) Spatial and environmental concepts and use of information received by the senses (such as sound, temperature and vibrations) to establish, maintain, or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street); (B) To use the long cane to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision; (C) To understand and use remaining vision and distance low vision aids; and (D) Other concepts, techniques, and tools. The responsible public agency must ensure that orientation and mobility services are provided by trained and knowledgeable personnel who meet appropriate State qualification standards. In some instances, these personnel will need to be qualified to work with blind and visually impaired students who, in addition to their blindness or visual impairments, have other physical, sensory, or emotional disabilities. Because tThe IDEA Amendments of 1997 specify that the placement decision is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options.44 Public agencies and parent training and information centers should take steps to ensure that parents of blind and visually impaired students are informed about available placement options for their child, including those addressing unique needs arising from a child's blindness or visual impairment and other disabilities, if applicable, and other identified educational needs. This will help to ensure that parents can provide meaningful input to the group making the placement decision. The overriding rule in placement is that each student's placement must be determined on an individual basis.45 In addition, as is true for students with other disabilities, the potential harmful effect of the placement on the blind or visually impaired student, or the quality of services he or Dated: June 5, 2000. Richard W. Riley, Secretary of Education. Appendix 1 Two other related Federal laws also are applicable to the education of blind and visually impaired students. Section 504 of the Rehabilitation Act of 1973, as amended (Section 504), 29 U.S.C. 794 and Title II of the Americans with Disabilities Act of 1990 (Title II of the ADA), 42 U.S.C. 12131, are civil rights laws that protect persons with disabilities from discrimination on the basis of disability. The Department's Office for Civil Rights (OCR) enforces Section 504, as it applies to recipients of Federal financial assistance from the Department. OCR also enforces Title II of the ADA, as it applies to public entities, regardless of receipt of Federal funds. Under Section 504 and its implementing regulations at 34 CFR Part 104, children with disabilities in public elementary and secondary education programs operated by recipients of Federal financial assistance are entitled to a free appropriate public education in accordance w17 34 CFR 300.347(a)(5)(i)(ii). 18 34 CFR 300.138(b); see also Attachment 1, 64 FR at 12564 (Mar. 12, 1999). 19 34 CFR 300.344(a)(1)(7). 20 34 CFR 300.344(b). 21 34 CFR 300.343(c). 22 34 CFR 300.343(a) and 300.342(c). 23 34 CFR 300.342(c)(2). 24 20 U.S.C. 1414(d)(3)(B)(iii) and 34 CFR 300.346(a)(2)(iii). 25 34 CFR 300.342(b)(1)(ii). 26 See Analysis of Comments and Changes, published as Attachment 1 to 34 CFR Part 300 (Attachment 1), 64 FR at 12590 (Mar. 12, 1999). 27 34 CFR 300.346(a)(2)(v). 28 34 CFR 300.308(b); Appendix A, question 36, 64 FR at 12479 (Mar. 12, 1999). 29 34 CFR 300.301(a). See also 34 CFR 300.244 regarding an LEA's obligations to use up to 5 percent of the amount the agency receives in any fiscal year in combination with other amounts other than education funds to develop and implement a coordinated services system designed to improve results for children and families; OSEP memorandum 007 dated January 13, 2000 to State Directors of Special Education, entitled Enhancing Coordinate46 34 CFR 300.552(d). 47 Appendix A, question 1, 64 FR 12406 at 12471 (Mar. 12, 1999). 48 34 CFR 300.503(a)(1) and (b)(2)(4), and (7). 49 34 CFR 300.505(a)(1). 50 34 CFR 300.504. 51 34 CFR 300.507(a). 52 34 CFR 300.507(a)(2), 300.506(a)(2) and (b). [FR Doc. 0014485 Filed 6700; 8:45 am] BILLING CODE 400001UPage 2ERGEFORMAT 11Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / NoticesTHE SECRETARY OF EDUCATIONWASHINGTON. DC 20202July 13, 2012Honorable Patty MurrayUnited States SenateWashington, DC 20510 Dear Madam Chairman: Thank you for your letter of May 1, 2012, concerning Braille instruction and recommendations to the U.S. Department of Education (Department) to develop new regulations for the individualized education program (IEP) process for students with blindness or visual impairments. You also requested that the Department provide additional guidance to school districts emphasizing the importance of Braille instruction as a tool for literacy for blind and visually impaired students, the circumstances in which Braille instruction should be provided, and the scope of an evaluation to guide decisions of IEP Teams in this area. Because we believe that the applicable statutory and regulatory provisions are sufficiently clear, the Department does not intend to regulate further in this area at this time. However, the Department agrees that, based on the concerns you have raised,DEPARTMENT OF EDUCATION Educating Blind and Visually Impaired Students; Policy Guidance AGENCY: Office of Special Education and Rehabilitative Services, U.S. Department of Education. ACTION: Notice of policy guidance. SUMMARY: The Department issues this Notice of Policy Guidance (notice) to address the requirements of Part B of the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Act Amendments of 1997, as they apply to the education of blind and visually impaired students. This notice updates OSEP memorandum 964, Policy Guidance on Educating Blind and Visually Impaired Students dated November 3, 1995, to reflect new and revised statutory provisions added by the IDEA Amendments of 1997 and conforming regulatory changes to implement those requirements. The Department issued guidance for the education of students who are deaf in the form of a Notice of Policy Guidance published in the Federal Register on October 30, 1992 (57 FR 49274). That policy gThe challenge for educators of blind and visually impaired children, including those with other disabilities, is how to teach skills that sighted children typically acquire through vision. Blind and visually impaired students have used a variety of methods to learn to read, write, and acquire other skills, both academic and nonacademic. For example, 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, although with difficulty. In order to receive an appropriate education under Part B, it is generally understood that students who are blind or visually impaired must be provided appropriate instruction in a variety of subjects, including language arts, composition, and science and mathematics. However, in order to be educateAt the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and, If appropriate, the child.19 Public agencies must ensure that students are invited to attend IEP meetings if the participation of the student would be appropriate. For IEP meetings involving transition services, there are additional requirements. The Part B regulations provide that the public agency must invite a student with a disability of any age to attend his or her IEP meeting if a purpose of the meeting will be the consideration of either the student's transition services needs, the statement of needed transition services for the student, or both. In these situations, if the student does not attend the meeting, the public agency must ensure that the student's preferences and interests are considered. If another agency would likely be responsible for providing or paying for needed transition services, the public age(ii) Includes teaching students the following, as appropriate: (A) Spatial and environmental concepts and use of information received by the senses (such as sound, temperature and vibrations) to establish, maintain, or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street); (B) To use the long cane to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision; (C) To understand and use remaining vision and distance low vision aids; and (D) Other concepts, techniques, and tools. The responsible public agency must ensure that orientation and mobility services are provided by trained and knowledgeable personnel who meet appropriate State qualification standards. In some instances, these personnel will need to be qualified to work with blind and visually impaired students who, in addition to their blindness or visual impairments, have other physical, sensory, or emotional disabilities. Because tThe IDEA Amendments of 1997 specify that the placement decision is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options.44 Public agencies and parent training and information centers should take steps to ensure that parents of blind and visually impaired students are informed about available placement options for their child, including those addressing unique needs arising from a child's blindness or visual impairment and other disabilities, if applicable, and other identified educational needs. This will help to ensure that parents can provide meaningful input to the group making the placement decision. The overriding rule in placement is that each student's placement must be determined on an individual basis.45 In addition, as is true for students with other disabilities, the potential harmful effect of the placement on the blind or visually impaired student, or the quality of services he or Dated: June 5, 2000. Richard W. Riley, Secretary of Education. Appendix 1 Two other related Federal laws also are applicable to the education of blind and visually impaired students. Section 504 of the Rehabilitation Act of 1973, as amended (Section 504), 29 U.S.C. 794 and Title II of the Americans with Disabilities Act of 1990 (Title II of the ADA), 42 U.S.C. 12131, are civil rights laws that protect persons with disabilities from discrimination on the basis of disability. The Department's Office for Civil Rights (OCR) enforces Section 504, as it applies to recipients of Federal financial assistance from the Department. OCR also enforces Title II of the ADA, as it applies to public entities, regardless of receipt of Federal funds. Under Section 504 and its implementing regulations at 34 CFR Part 104, children with disabilities in public elementary and secondary education programs operated by recipients of Federal financial assistance are entitled to a free appropriate public education in accordance w17 34 CFR 300.347(a)(5)(i)(ii). 18 34 CFR 300.138(b); see also Attachment 1, 64 FR at 12564 (Mar. 12, 1999). 19 34 CFR 300.344(a)(1)(7). 20 34 CFR 300.344(b). 21 34 CFR 300.343(c). 22 34 CFR 300.343(a) and 300.342(c). 23 34 CFR 300.342(c)(2). 24 20 U.S.C. 1414(d)(3)(B)(iii) and 34 CFR 300.346(a)(2)(iii). 25 34 CFR 300.342(b)(1)(ii). 26 See Analysis of Comments and Changes, published as Attachment 1 to 34 CFR Part 300 (Attachment 1), 64 FR at 12590 (Mar. 12, 1999). 27 34 CFR 300.346(a)(2)(v). 28 34 CFR 300.308(b); Appendix A, question 36, 64 FR at 12479 (Mar. 12, 1999). 29 34 CFR 300.301(a). See also 34 CFR 300.244 regarding an LEA's obligations to use up to 5 percent of the amount the agency receives in any fiscal year in combination with other amounts other than education funds to develop and implement a coordinated services system designed to improve results for children and families; OSEP memorandum 007 dated January 13, 2000 to State Directors of Special Education, entitled Enhancing Coordinate46 34 CFR 300.552(d). 47 Appendix A, question 1, 64 FR 12406 at 12471 (Mar. 12, 1999). 48 34 CFR 300.503(a)(1) and (b)(2)(4), and (7). 49 34 CFR 300.505(a)(1). 50 34 CFR 300.504. 51 34 CFR 300.507(a). 52 34 CFR 300.507(a)(2), 300.506(a)(2) and (b). [FR Doc. 0014485 Filed 6700; 8:45 am] BILLING CODE 400001UPage 2ERGEFORMAT 11Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Notices