37-23-195 - Individualized educational program (IEP) or 504 Plan required for each blind or visually impaired student.
§ 37-23-195. Individualized educational program (IEP) or 504 Plan required for each blind or visually impaired student.
Each appropriate educational entity shall provide for the development of an IEP or 504 Plan for each blind or visually impaired student eligible for educational services or equipment, or both, under Sections 37-23-1 through 37-23-157. In developing the written IEP or 504 Plan for each blind or visually impaired student, there shall be a presumption that proficiency in Braille reading and writing is essential for the student to achieve satisfactory educational progress. The assessment required for each student shall be conducted by a blindness assessment specialist and shall include, at a minimum, a Braille skills inventory, or if necessary in the determination of the IEP Committee, a comprehensive assistive technology evaluation. The assessment shall include a statement of the student's strengths and deficits. If, in the course of developing a student's IEP or 504 Plan, the majority of members of the team concur that the student's visual impairment does not affect reading and writing performance commensurate with ability, Braille instruction and use shall not be required by this section for that student. Nothing in this section shall require the exclusive use of Braille if other specialized educational services are appropriate to the student's educational needs. However, the provision of other appropriate services shall not preclude Braille use or instruction, unless other assistive technology devices are determined more appropriate by the assessment specialist.
Sources: Laws, 1995, ch. 571, § 3; Laws, 2008, ch. 380, § 3, eff from and after July 1, 2008.