From: Jim Gashel 
Subject: open period for idea comments
Hello listers:
most of you are probably aware that the law known as "IDEA" has been
amended recently.  The provisions which emphasize that Braille services
are to be provided to blind children are particularly good.  
Now, the u. s. department of education will be turning its attention to
issuing new regulations for all of the new provisions, including how the
matter of braille is to be handled.  their tendency will be to say that as
long as the subject of braille services is considered in a planning
meeting for the child, the law will be satisfied.  However, the law is
much stronger than that.  The provision which is in section 614 (d) of
idea actually says that braille services and instruction in braille are to
be provided to the blind child unless the team determines that thes
services are not needed by the child.  This is quite different from all
other special education services.  In the case of any other service, the
need for it must be established through an evaluation of the child.  If
the child is performing satisfactorily and moving from grade to grade,
there is no requirement for special services.  
in the case of braille, however, the language of the provision in section
614 (d) says "provide braille," not consider braille.  There will still be
an evaluation of each blind child's needs, but in the case of braille, the
evaluation should be looking for a justification to rule braille out, not
the other way around.  before the new law, the need for braille services
had to be justified for each blind child as a result of the child's
evaluation.  the new law should secure braille for the blind child as the
starting point, with the possibility left open to rule it out in
exceptional circumstances.  
we need to convince the department of education that this should be the
direction of their new regulations.  please read the memorandum below to
learn more about the opportunity to comment on this until july 28, 1997.
please prepare and send a comment to the address and person indicated if
you can.  the actual text of the department''s notice requesting comments
is also included in the information below.  as you will quickly see, the
notice is very wide open.  they are simply trying to get an understanding
of the issues that should actually receive attention in the regulations.
the specific language for us to react to will come much later in the
process.  
Thanks, 
J. G.
the information follows:
                                                                   MEMORANDUM
DATE:  July 18, 1997
FROM:  James Gashel
       Director of Governmental Affairs
RE:    Points for comments on IDEA regulations
COMMENTS REQUESTED:  The Office of Special Education and
Rehabilitative Services (OSERS) in the U.S. Department of
Education is requesting comments on issues to be addressed in
regulations which must be written to implement the IDEA
Amendments of 1997. 
DUE DATE:  July 28, 1997
ADDRESS:              Thomas Irvin
                      Office of Special Education and Rehabilitative Services
                      U.S. Department of Education, Room 4607
                      Mary E. Switzer Building
                      330 C Street, S.W.
                      Washington, D.C.  20202
POINTS TO BE MADE:
(1)  The phrase "blind or visually impaired" should be defined. 
For purposes of the IDEA regulations, the following definition is
recommended:
"Blind or visually impaired means visual acuity of
20/200 or less
in the better eye with correcting lenses or having a
limited field of vision such that the widest diameter
subtends an angular distance of no greater than twenty
degrees; or having a medically indicated expectation of
visual deterioration."
The IDEA amendments use the phrase "blind or visually impaired"
at several points, especially in reference to Braille services
and also in regard to orientation and mobility as a related
service.  If this phrase is not defined, there is likely to be
substantial variation in interpretation among the states and
local education agencies.  A construction of the phrase which is
overly narrow could very well be applied in order to restrict the
applicability of the Braille provision in the IEP.  Therefore, a
uniform national standard on which children should receive
Braille services under amended 
section 614 should be established through a definition.
(2) Regarding the IEP provisions in section 614 (d) of the
amended Act, the regulations should clearly state that Braille
services (including instruction to the extent appropriate) must,
in the beginning, be included in the IEP of every child who is
blind.  The regulations should state that Braille services can be
removed from the blind child's IEP if the results of the
assessment support the removal and the members of the IEP team
agree that Braille services are not needed.  The regulations
should clearly explain that a disagreement among the IEP team as
to the child's need for Braille services must mean the initiation
or continuation of such services unless determined to the
contrary after due process.
           It is important to insist upon a clear explanation of the
Braille provision in the IEP.  Without this there will be a
tendency to think that the requirement concerning Braille in the
IEP simply anticipates "consideration" of Braille, rather than
the "provision" of services.  As the law is written, the word
"provide," for Braille, rather than "consider the need" for
Braille was used.  The regulations must so state.
           As a result of the law, every blind child's IEP should begin
with Braille included.  The decision to be made by the team is on
"ruling out" rather than "ruling in" Braille.  Unless there is a
clear showing by the evaluation that Braille should be ruled out,
it should remain in the IEP.  Children should not be forced to
demonstrate failure in reading or writing before Braille can be
included.  This is what the regulations must say.
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