ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354]
( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. )
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) (1) “Braille” means the system of reading and writing through touch commonly known as Unified English Braille.
(2) Nothing in paragraph (1) shall be construed to prohibit the use of Nemeth Code for Mathematics and Science Notation in the teaching of mathematics and science, the use of Music Braille Code, or the use of International Phonetic Alphabet Braille Code.
(Amended by Stats. 2018, Ch. 85, Sec. 1. (AB 3223) Effective January 1, 2019.)
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.
(Amended by Stats. 2007, Ch. 56, Sec. 52. Effective January 1, 2008.)
(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 the aide 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 California Classified School Employee Teacher Credentialing Program (Article 12 (commencing with Section 44391) of Chapter 2 of Part 25 of Division 3) and the Teacher Education Internship Act of 1967 (Article 3 (commencing with Section 44450) of Chapter 3 of Part 25 of Division 3).
(Amended by Stats. 2023, Ch. 15, Sec. 1. (AB 497) Effective January 1, 2024.)
(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.
(Added by Stats. 2002, Ch. 653, Sec. 1. Effective January 1, 2003.)
(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).
(Added by Stats. 2005, Ch. 530, Sec. 2. Effective January 1, 2006.)
(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).
(Added by Stats. 2005, Ch. 530, Sec. 3. Effective January 1, 2006.)
(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.
(Amended by Stats. 2007, Ch. 56, Sec. 54. Effective January 1, 2008.)
(a) The Legislature finds and declares that the expanded core curriculum is a set of knowledge and skills in which instruction or services, or both, may be beneficial to a pupil who is blind, has low vision, or is visually
impaired. Local educational agencies may consider the expanded core curriculum when developing individualized education programs for a pupil who is blind, has low vision, or is visually impaired.
(b) The expanded core curriculum is defined to be all of the following:
(1) Compensatory skills, such as braille and concept development and other skills needed to access the core curriculum.
(2) Orientation and mobility.
(3) Social interaction skills.
(4) Career technical education.
(5) Assistive technology, including optical devices.
(6) Independent living skills.
(7) Recreation and leisure.
(8) Self-determination.
(9) Sensory efficiency.
(c) When appropriate to ensure that a pupil will receive adequate services under this section, those services may be provided
before or after school hours.
(d) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
(Added by Stats. 2019, Ch. 778, Sec. 2. (AB 947) Effective January 1, 2020.)
(a) (1) If an orientation
and mobility evaluation is determined to be needed for a pupil who is blind, has low vision, or is visually impaired, it shall be conducted by a person who is appropriately certified as an orientation and mobility specialist.
(2) The orientation and mobility evaluations described in paragraph (1) shall occur in
familiar and unfamiliar environments, in varying lighting conditions, and in the home, school, and community, as appropriate.
(b) Except as specified in subdivision (c), a local educational agency shall not impose any limitations that result in the preclusion or the limitation of the ability of a pupil to receive instruction in orientation and mobility services in the home, school, or community setting and in varying lighting conditions, as designated in the pupil’s individualized education program and provided for pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400
et seq.).
(c) (1) A local educational agency may require annual written parental consent to provide the services described in subdivision (b) when those services are provided before or after regular school hours and when those services are provided away from the schoolsite.
(2) If a local educational agency
prohibits an orientation and mobility specialist from using their vehicles for the transportation of pupils to and from orientation and mobility instruction, the local educational agency shall provide, without cost to the orientation and mobility specialist, an equally effective transportation alternative for that purpose.
(d) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
(Added by Stats. 2019, Ch. 778, Sec. 3. (AB 947) Effective January 1, 2020.)