36586 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Notices

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

96–4, 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 guidance also is being updated

for consistency with the IDEA

Amendments of 1997.

This notice provides important

background information to educators in

meeting their obligations to ensure that

blind and visually impaired students

receive appropriate educational services

in the least restrictive environment

appropriate to their unique needs. A

description of procedural safeguards

also is included to ensure that parents

are knowledgeable about their rights,

including their right to participate in

decisions regarding the provision of

services to their children.

FOR FURTHER INFORMATION CONTACT:

Rhonda Weiss or JoLeta Reynolds, U.S.

Department of Education, Office of

Special Education Programs, Mary E.

Switzer Building, Room 3086, 330 C

Street, SW, Washington, D.C. 20202.

Telephone: (202) 205–5507. Individuals

who use a telecommunications device

for the deaf (TDD), may call (202) 205–

5465.

Individuals with disabilities may

obtain this document in an alternate

format (e.g. Braille, large print,

audiotape, or computer diskette) on

request to Katie Mincey, Director of the

Alternate Formats Center, telephone

(202) 205–8113.

SUPPLEMENTARY INFORMATION: To

respond to concerns that services for

some blind and visually impaired

students were not appropriate to

address their unique educational and

learning needs, particularly their needs

for instruction in reading, writing, and

composition, as well as orientation and

mobility and other self-help skills,

policy guidance on educating blind and

visually impaired students was issued

as OSEP memorandum 96–4 (November

3, 1995). This policy guidance provided

some background information on these

students and their unique needs, and

applicable requirements of Part B of the

Individuals with Disabilities Education

Act (Part B) were explained.1

In the reauthorization of the IDEA

Amendments of 1997, Public Law 105–

17, Congress clarified public agencies’

responsibilities in educating blind and

visually impaired students in two

important respects. Specifically, the

reauthorized statute provides that

Individualized Education Program (IEP)

teams are required to make provision for

instruction in Braille and the use of

Braille for blind and visually impaired

students, unless, based on relevant

evaluations, the IEP team determines

that instruction in Braille or the use of

Braille is not appropriate.

Also, reflecting an awareness that a

blind or visually impaired individual’s

ability to move around independently is

closely linked to the individual’s self

esteem, an amendment to the statutory

definition of ‘‘related services’’ adds

‘‘orientation and mobility services’’ to

the list of examples of supportive

services specifically identified in the

statute.

The IDEA Amendments of 1997

contain other new requirements

applicable to all children with

disabilities, particularly in areas relating

to requirements for evaluations and

reevaluations, focusing IEPs on a

student’s meaningful involvement and

progress in the general curriculum, and

strengthening procedural safeguards and

opportunities for parent participation in

important educational decisions. Even

with these significant statutory changes,

the core concepts that were applicable

prior to the enactment of the IDEA

Amendments of 1997 continue to apply.

Background

The population of children who

receive services under Part B because of

blindness or visual impairment is

extremely diverse. These children

display a wide range of vision

difficulties and varying adaptations to

vision loss. With regard to degree of

vision, the student population includes

persons who are totally blind or persons

with minimal light perception, as well

as persons with varying degrees of low

vision. For some individuals, blindness

or visual impairment is their only

disability, while for others, blindness or

vision impairment is one of several

identified disabilities that will affect, to

varying degrees, learning and social

integration. For example, some children

who are blind or visually impaired also

have hearing, orthopedic, emotional, or

cognitive disabilities.

In addition, persons with similar

degrees of vision loss may function very

differently. A significant visual deficit

that could pose formidable obstacles for

some children may pose far less

formidable obstacles for others. This is

because adaptations to vision loss are

shaped by individual factors, such as

availability and type of family support

and degree of intellectual, emotional,

physical, and motor functioning.

Therefore, in addition to the nature and

extent of vision loss, a variety of factors

needs to be considered in designing an

appropriate educational program for a

blind or visually impaired child, and

these factors could change over time.

The 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

educated in these subject areas

effectively, blind and visually impaired

children must be taught the necessary

skills to enable them to learn to read

and to use other appropriate technology

to obtain access to information. It also

is very important for blind and visually

impaired children, including those with

other disabilities, who need orientation

and mobility services, to receive

appropriate instruction in orientation

and mobility as early as possible.

Providing these children with needed

orientation and mobility services at the

appropriate time increases the

likelihood that they can participate

meaningfully in a variety of aspects of

their schooling, including academic,

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Notices 36587

nonacademic, and extracurricular

activities. Once these individuals are no

longer in school, their use of acquired

orientation and mobility skills should

greatly enhance their ability to move

around independently in a variety of

educational, employment, and

community settings. These skills also

should enhance the ability of blind and

visually impaired students to obtain

employment, retain their jobs, and

participate more fully in family and

community life.

This policy guidance contains an

explanation of the provisions of Part B

of IDEA as amended by the IDEA

Amendments of 1997 and Department

regulations that address public agencies’

obligations in educating blind and

visually impaired students. Statements

that utilize the word ‘‘should’’

constitute guidance and do not mean

‘‘must,’’ and are not intended to impose

any new requirements that go beyond

the requirements of the applicable

statutory and regulatory provisions

explained below.

Application of the Free Appropriate

Public Education Requirements of Part

B to Blind and Visually Impaired

Students

A. In General

Under Part B, each State and its

public agencies must ensure that a free

appropriate public education (FAPE) is

made available to all children with

specified disabilities residing in the

State in mandatory age ranges, and that

the rights and protections of Part B are

afforded to those children and their

parents. FAPE includes, among other

elements, special education and related

services that are provided at no cost to

parents, under public supervision and

direction, that meet State education

standards and Part B requirements, that

include an appropriate preschool,

elementary, or secondary school

education in the State involved, and

that are provided in conformity with an

individualized education program (IEP)

that meets Part B requirements.2

Consistent with this obligation to

ensure FAPE, the Part B regulations also

provide that the services and placement

provided to a child with a disability

under Part B must be based on all of the

child’s identified special education and

related services needs, and not on the

child’s disability.3 This includes

meeting the child’s needs that result

from identified disabilities other than

blindness or visual impairment.

B. Evaluation Requirements

Before the initial provision of special

education and related services to a child

with a disability under Part B, a full and

individual initial evaluation must be

conducted in accordance with 34 CFR

§§ 300.532 and 300.533.4 The IDEA

Amendments of 1997 require that a

variety of assessment tools and

strategies must be used in the evaluation

process to gather relevant functional

and developmental information about

the child. This includes information

provided by the parents, to assist in

determining (1) whether the child is a

child with a disability, and (2) the

content of the child’s IEP, including the

extent to which the child can be

involved and progress in the general

curriculum, and for a child of preschool

age, to participate in appropriate

activities.5 Through the evaluation

process, determinations also can be

made about the range of

accommodations and modifications

necessary for a blind or visually

impaired child to be involved and

progress in the general curriculum, the

same curriculum as for nondisabled

children.

An evaluation under Part B must

assess the child in all areas related to

the suspected disability, including, if

appropriate, ‘‘health, vision, hearing,

social and emotional status, general

intelligence, academic performance,

communicative status, and motor

abilities.’’6 In addition, the evaluation

must be sufficiently comprehensive to

identify all of the child’s special

education and related services needs,

whether or not commonly linked to the

disability category in which the child

has been classified.7 Any standardized

tests that are utilized for those

assessments must be conducted by

trained and knowledgeable personnel.8

An assessment of a child’s vision

status generally would include the

nature and extent of the child’s visual

impairment and its effect, for example,

on the child’s ability to learn to read,

write, do mathematical calculations,

and use computers and other assistive

technology, as well as the child’s ability

to be involved in and progress in the

general curriculum. For children with

low vision, this type of assessment also

generally should include an evaluation

of the child’s ability to utilize low

vision aids, as well as a learning media

assessment and a functional vision

assessment. For children who are blind

and for children who have low vision,

consistent with the new statutory

requirement regarding Braille

instruction, the assessment of vision

status generally would be closely linked

to the assessment of the child’s present

and future reading and writing skills,

needs, and appropriate reading and

writing media. This information would

be used by the IEP team in determining

whether it would be inappropriate to

provide a blind or visually impaired

child with instruction in Braille or the

use of Braille.9

As required for children with other

disabilities, appropriate assessments of

blind and visually impaired children,

including those with other disabilities,

also must address each child’s ability to

be involved and progress in the general

curriculum, the same curriculum as for

nondisabled children. This information

could be obtained, for example, from an

assessment of academic performance

that would focus on the child’s ability

to learn to read, including reading

comprehension, and to learn

composition, science and mathematics,

and computing.

As part of the evaluation process, it is

especially important to address a blind

or visually impaired child’s ability to be

involved and progress in the general

curriculum, the same curriculum as for

nondisabled children, particularly in

situations where the child has other

disabilities. This is because of the

relationship of the evaluation to the

child’s IEP, which focuses specifically

on participation in the general

curriculum offered to nondisabled

students, including the need for any

supplementary aids and services, other

accommodations, modifications, or

devices to facilitate the blind or visually

impaired child’s involvement in the

general curriculum. This information is

needed regardless of whether a child

will be educated in a regular classroom

or in a separate classroom or school.10

The evaluation also should identify any

necessary program modifications or

supports for school personnel needed

for a child or on behalf of a child to

ensure that the child’s unique needs

arising from blindness or visual

impairment or other identified

disabilities are appropriately addressed

in the IEP.

Because of the importance for some

blind and visually impaired students of

acquiring the skills necessary to access

information, additional assessments

may be necessary to determine whether

a child should receive specific

instruction in listening skills. Possible

assessments for this purpose could

include assessments of hearing, general

intelligence, or communicative status. A

child’s need for orientation and mobility

services and the appropriate method or

methods for acquiring the requisite

skills also should be assessed, and this

generally would be accomplished

through an assessment of motor

abilities, as well as vision and

communicative status, which should be

conducted as early as possible. This is

36588 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Notices

especially important because parents

and organizations representing the

interests of blind and visually impaired

individuals have reported that, in some

instances, these students are not

receiving appropriate orientation and

mobility services and that appropriate

evaluations of their needs for these

services are not being conducted. In all

instances, the results of all assessments

administered to the child, including

those administered to determine the

child’s needs resulting from one or more

disabilities other than blindness or

visual impairment, must be considered

as the child’s IEP is developed.11

C. IEP Development and Content

Requirements

The IDEA Amendments of 1997 make

a number of significant changes to the

Act’s IEP requirements, which are

applicable to all disabled students,

including blind and visually impaired

students.12 Under Part B, an IEP

developed in accordance with 34 CFR

§§ 300.341-300.350 is the essence of

each child’s entitlement to a FAPE. The

IDEA Amendments of 1997 clarify that

each child’s IEP must (1) relate the

child’s education to the child’s

involvement and progress in the general

curriculum, the same curriculum as for

nondisabled children, and (2) address

unique needs arising out of the child’s

disability or disabilities. The IDEA

Amendments of 1997 also require that

IEPs for disabled children, including

blind and visually impaired children,

contain a statement of measurable

annual goals, including benchmarks or

short-term objectives.13 The annual

goals must be related to (1) meeting the

child’s needs that result from the

disability, or disabilities, to enable the

child to be involved in and progress in

the general curriculum, and (2) meeting

each of the child’s other educational

needs that result from the child’s

disability, or disabilities.

With regard to these criteria for

developing annual goals, IEP teams for

blind and visually impaired children

must ensure that those children can

appropriately access the general

curriculum offered to nondisabled

children, and that unique needs relating

to the child’s blindness or visual

impairment or other identified

disabilities are addressed.14 Therefore,

if IEP teams identify educational needs

of individual children arising from their

blindness or visual impairment or other

disability, that the general curriculum

does not sufficiently address, those

specific needs must be addressed.15 For

example, if a particular student has little

or no skill in Braille reading and

writing, the IEP team may conclude that

more frequent and intensive instruction

in Braille likely would be necessary

before the student could be fully

involved and make meaningful progress

in the general curriculum offered to

nondisabled children. In addition, once

the child’s initial need for Braille

instruction has been met, the IEP team

should periodically make a

determination of the child’s ability to be

involved and progress in the general

curriculum, and the extent to which

continued intensive Braille instruction

and other accommodations would be

needed.

The IDEA Amendments of 1997

include specific requirements regarding

including children with disabilities in

general State and district-wide

assessment programs, with appropriate

accommodations and modifications in

administration, if necessary.16 For

example, each child’s IEP must include

a statement of any individual

modifications in the administration of

State or district-wide assessments of

student achievement that are needed for

the child to participate in the

assessment. Also, if the IEP team

determines that a child will not

participate in a particular assessment or

part of an assessment, the IEP must

include a statement of why that

assessment is not appropriate for the

child, and how the child will be

assessed.17

Consistent with the emphasis in the

IDEA Amendments of 1997 on relating

the child’s IEP to the child’s

involvement and progress in the general

curriculum, IEP teams must ensure that

blind and visually impaired students,

including those with other disabilities,

receive appropriate instructional

accommodations and modifications.

Providing appropriate instructional

accommodations and modifications will

help prepare these students to

participate in State or district-wide

assessments of student achievement

with appropriate accommodations or

individual modifications in test

administration.

The IDEA Amendments of 1997 also

require the development of guidelines

for use of alternate assessments, which

are used if an IEP team determines that

an individual child cannot participate

in regular assessments, even with

appropriate accommodations or

individual modifications in test

administration.18 However, it is

expected that if IEP teams properly

make individualized determinations

about what testing accommodations or

individual modifications in test

administration are appropriate for a

child, it should be necessary to use

alternate assessments for a relatively

small percentage of children with

disabilities. In addition, if the purpose

of a test is to measure a student’s ability

to read, States need to be able to test to

determine whether blind or visually

impaired students, whose primary

reading medium is not standard print,

can read, whether by providing them

with a Braille or large print version of

the test, or through some other means,

as appropriate.

Each child’s IEP must be developed

by an IEP team, that is, a group of

individuals that includes:

• The parents of the child;

• At least one regular education

teacher of the child if the child is, or

may be, participating in the regular

education environment;

• At least one special education

teacher of the child, or, if appropriate,

at least one special education provider

of the child;

• A public agency representative who

is qualified to provide or supervise the

provision of specially designed

instruction, is knowledgeable about the

general curriculum, and about the

availability of resources of the public

agency;

• An individual who can interpret the

instructional implications of evaluation

results, who may be another member of

the IEP team;

• At 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 agency must ensure that a

representative of that agency is invited

to the meeting.20 The public agency

responsible for the student’s education

generally must initiate and conduct

meetings for the purpose of developing,

reviewing, and, if necessary, revising

the IEP, or the individualized family

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Notices 36589

service plan (IFSP), of a child with a

disability. The public agency must

ensure that the child’s IEP team (1)

reviews the child’s IEP periodically, but

not less than annually, to determine

whether the child’s annual goals are

being achieved, and (2) revises the IEP

as appropriate.21

An IFSP, the written plan for

providing early intervention services

under Part C of IDEA to an infant or

toddler with disabilities and his or her

family, may serve as the IEP for a child

with a disability aged 3 through 5 (or at

the discretion of the State educational

agency, a 2-year-old child with a

disability who will turn age 3 during the

school year). For this to occur, the IFSP

must contain the material described in

section 636 of the Act, and must be

developed in accordance with

§§ 300.341–300.346 and §§ 300.349–

300.350. In addition, using the IFSP to

serve as the IEP must be consistent with

State policy and agreed to by the agency

and the child’s parents.22 If an IFSP is

to be used, the public agency must

provide the child’s parents a detailed

explanation of the differences between

an IFSP and an IEP and must obtain

written, informed parental consent to

use an IFSP.23

D. Special Factors in IEP Development

In developing IEPs, the IDEA

Amendments of 1997 require IEP teams

to consider a range of special factors.

The following two factors are

particularly relevant for blind and

visually impaired students.

1. Instruction in Braille and the Use of

Braille

One of the most serious concerns

voiced by parents of blind or visually

impaired children and their advocates,

as well as by adults who are blind or

visually impaired, is that the number of

students receiving instruction in Braille

has decreased significantly over the past

several decades. As a result, these

individuals believe that Braille

instruction is not being provided to

some students for whom it may be

appropriate. Braille has been a very

effective reading and writing medium

for many blind and visually impaired

persons, and knowledge of Braille

provides numerous tangible and

intangible benefits, including increased

likelihood of obtaining productive

employment and heightened selfesteem.

The IDEA Amendments of 1997,

therefore, include a specific provision

with regard to instruction in Braille and

the use of Braille and state:

The IEP team must—* * * (iii) in the

case of a child who is blind or visually

impaired, provide for instruction in

Braille and the use of Braille unless the

IEP team determines, after an evaluation

of the child’s reading and writing skills,

needs, and appropriate reading and

writing media (including an evaluation

of the child’s future needs for

instruction in Braille or the use of

Braille), that instruction in Braille or the

use of Braille is not appropriate for the

child; 24

This statutory provision requires IEP

teams to make provision for instruction

in Braille or the use of Braille, unless it

is determined, after appropriate

evaluations of the child’s reading and

writing needs, that this instruction is

not appropriate for a particular child.

Decisions about instruction in Braille

and the use of Braille must be made on

a case-by-case basis, consistent with the

individual needs of a particular child. In

developing IEPs for children with low

vision, even for those with a high degree

of functional vision, IEP teams also

must consider evaluations of the child’s

need for instruction in Braille and the

use of Braille, and must make provision

for such instruction unless it is

determined, after appropriate

evaluation, to be inappropriate for the

child. Factors such as shortages of

trained personnel to provide Braille

instruction, the availability of

alternative reading media, such as large

print, recorded materials, or computers

with speech output, or the amount of

time needed to provide a child with

sufficient and regular instruction to

attain proficiency in Braille or the use

of Braille, may not be used to deny

Braille instruction to a child for whom

that instruction has not been

determined individually to be

inappropriate. Once the IEP team

includes instruction in Braille in the

IEP, this instruction, as is true for other

aspects of the child’s IEP, must be

implemented as soon as possible

following the child’s IEP meeting.25

For a child to become proficient in

Braille, systematic and regular

instruction from knowledgeable and

appropriately trained personnel is

essential. For blind and visually

impaired children, including those with

other disabilities, IEP teams must ensure

that the instructional time allocated for

Braille instruction is adequate to

provide the level of instruction

determined appropriate for the child.

IEP teams also must ensure, as

discussed more fully below, that

appropriate assistive technology is

provided to facilitate necessary Braille

instruction. Likewise, for children with

low vision, instruction in the

appropriate utilization of functional

vision and in the effective use of low

vision aids requires regular and

intensive intervention from

knowledgeable and appropriately

trained personnel.

IEP teams also must consider the

method or methods for teaching blind

and visually impaired children,

including those with other disabilities,

how to write and compose. Children

whose reading medium is Braille likely

will use Braille for these purposes. For

composition, however, in addition to

writing Braille manually, these children

also may benefit from using assistive

technology devices, such as a personal

computer with speech output or a

Braille display. IEP teams must make

individualized determinations about the

needs of blind and visually impaired

children, including those with other

disabilities, for instruction in writing

and composition, and must include

effective methods for teaching writing

and composition, including the

appropriate use of assistive technology,

in the IEPs of these students.

In addition to mastering the skills

taught to all children, blind and visually

impaired children, including those with

other disabilities, must receive

instruction in the skills that the IEP

team determines are necessary for the

child to obtain access to information

needed to participate in the general

curriculum, as a supplement to

instruction in the reading method

determined appropriate for the child.

The skills that could be taught to access

information include use of cassette

recordings, including recordings that

utilize compressed speech, personal

computers with speech output or a

Braille display, and optical scanners

with speech output. Use of these

devices, methods, and services should

be considered on an individual basis to

supplement Braille instruction for

students for whom Braille is the primary

reading medium, or to supplement print

or large print for children using print as

their primary reading medium. While

instruction in the skills necessary to

access information is extremely

important, local educational agencies

also are required by Part B and Section

504 to provide instructional materials in

the format determined appropriate for

the child by the IEP team to enable the

child to participate in the public

agency’s program.26

In addition, for most students who are

blind or visually impaired, including

those with other disabilities, the

development of skills related to future

employment, vocational training, or

postsecondary education, such as the

use of reader services, would be

appropriate. For example, reader

36590 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Notices

services have proven to be vital for the

workplace success of many adults who

are blind or visually impaired. As

appropriate, IEP teams should consider

making reader services available, as well

as providing instruction in the skills

necessary to the effective use of those

services. In considering whether reader

services or other services related to the

workplace success of these students

would be appropriate, IEP teams should

consider whether those services would

be necessary to supplement the

techniques that the student already may

be receiving to access information, or

necessary for the student’s successful

transition from school to post-school

activities.

2. Assistive Technology

The IDEA Amendments of 1997

continue to recognize the importance of

assistive technology in the education of

children with disabilities, and specify

assistive technology as one of the

special factors that IEP teams must

consider in IEP development.27 Issues

related to accessing information

frequently arise in the education of

blind and visually impaired students, as

well as those with other disabilities.

Therefore, it is especially important that

IEP teams for blind and visually

impaired students give appropriate

consideration to these students’ needs

for assistive technology and the full

range of assistive technology devices

and services that are available for them,

and this consideration needs to occur as

early as possible. As is true for students

with other disabilities, a blind or

visually impaired student’s ability to

become proficient in the use of

appropriate assistive technology could

have a positive effect on the

development of the student’s overall

self-confidence and self-esteem.

Students taught the skills necessary to

address their disability-specific needs

are more capable of participating

meaningfully in the general curriculum

offered to nondisabled students.

The Department’s regulations also

provide that, on a case-by-case basis,

consideration of the use of schoolpurchased assistive technology devices

in a child’s home or in other settings

may be required. If the child’s IEP team

determines that the child needs to have

access to a school-purchased device at

home or in another setting in order to

receive FAPE, a statement to this effect

must be included in the child’s IEP, the

child’s IEP must be implemented as

written, and the device must be

provided at no cost to the parents.28

In meeting the assistive technology

needs of blind and visually impaired

students, public agencies may use

whatever State, local, Federal, and

private sources of support available in

the State to finance required services.29

To obtain information about assistive

technology, including information about

assistive technology that could be used

to assist in the education of blind and

visually impaired students, public

agencies may wish to consult the

Assistive Technology Act of 1998 (Tech

Act) project that serves their State.30 In

making assistive technology purchases,

public agencies also need to ensure that

they comply with applicable

requirements of Federal law, including

Section 504, Title II of the ADA, and the

Tech Act.31

E. Orientation and Mobility Services

For some blind and visually impaired

children, the inability to move around

independently can be a formidable

obstacle to participating in school,

family, and community life. In some

instances, blind and visually impaired

individuals have felt discouraged from

seeking employment opportunities

because of their inability to get to the

job or negotiate the work environment

once on the job, or because of their fears

that this will be the case. Still in other

instances, some blind and visually

impaired individuals have been denied

access to employment opportunities

because of employers’ misperceptions

that the individual will be unable to get

around without sighted assistance.

Therefore, acquisition of orientation and

mobility skills, like the acquisition of

other skills such as academic and social

skills, is of great importance to the

social and economic independence of

blind and visually impaired persons.

Orientation and mobility services are

generally recognized as encompassing

distinctive strategies particular to the

educational needs of blind or visually

impaired students. The IDEA

Amendments of 1997 amended the list

of examples of ‘‘related services’’

contained in the statute to include

‘‘orientation and mobility services.’’ 32

The term ‘‘orientation and mobility

services’’ is defined in the Part B

regulations, at 34 CFR § 300.24(b)(6), as

follows:

(i) * * * services provided to blind or

visually impaired students by qualified

personnel to enable those students to

attain systematic orientation to and safe

movement within their environments in

school, home, and community; and

(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 the need for safe

movement throughout their school,

home, and community environments is

of critical importance for blind and

visually impaired students, and because

inadequate skill in this area could have

an adverse impact on the ability of some

blind and visually impaired persons to

obtain appropriate employment,

orientation and mobility services should

be considered for each blind and

visually impaired child. The extent to

which orientation and mobility services

are necessary for an individual child

and, if so, the amount and duration of

those services that are necessary for a

child to receive FAPE are decisions for

the child’s IEP team. If a blind or

visually impaired child has other

disabilities, such as hearing, motor, or

emotional disabilities, the child’s

unique disability-specific needs arising

from those other disabilities also must

be considered in designing an

appropriate program of orientation and

mobility services for the child.

Orientation and mobility services

should be provided as early as possible

in a child’s education, and updated or

supplemented periodically, as needed.

For example, while it may not be

appropriate to teach a very young child

how to cross a busy street, a very young

child still could be taught the skills

necessary to move around inside a

school building. As students mature, it

might be appropriate, depending on

individual factors, for the student to be

taught how to cross a busy street.

Therefore, IEP teams need to be aware

of individual factors that would affect

the nature and extent to which

orientation and mobility services may

be needed for a particular student.

For some children with disabilities

such as children with significant

cognitive disabilities, ‘‘travel training

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Notices 36591

* * * is often an integral part of their

special educational program in order for

them to receive FAPE and be prepared

for post-school activities, including

employment and independent

living.’’ 33 Providing blind or visually

impaired students, particularly those

with other disabilities, with travel

training also could facilitate their fuller

integration into their communities in

and outside of school, both during and

following their school attendance.

Therefore, the definition of ‘‘special

education’’ has been amended at 34 CFR

§ 300.26(a)(2)(ii) to include ‘‘travel

training,’’ and the pertinent definition

reads as follows:

Travel training means providing

instruction, as appropriate, to children

with significant cognitive disabilities,

and any other children with disabilities

who require this instruction, to enable

them to—

(i) Develop an awareness of the

environment in which they live; and

(ii) Learn the skills necessary to move

effectively and safely from place to

place within that environment (e.g., in

school, in the home, at work, and in the

community).34

Since the importance of travel

training has been recognized for

children with disabilities, such as

children with significant cognitive

disabilities, IEP teams for blind and

visually impaired students, particularly

those with significant cognitive

disabilities, may need to consider these

students’ need for travel training, as

appropriate. Travel training is often

integral to ensuring that some children

with disabilities receive FAPE and are

prepared for post-school activities such

as employment and independent living.

Travel training is important to enable

these students to attain systematic

orientation to and safe movement

within their environment in school, at

home, at work and in the community.35

F. Additional Factors in IEP

Development

The following needs 36 also may need

to be considered and appropriately

addressed by the child’s IEP team to

ensure a child’s appropriate access to

the general curriculum:

• Compensatory skills, such as

communication and listening

modalities;

• Extended school year services, if

determined necessary to provide FAPE

to the student; 37

• Social interaction skills;

• Recreation and leisure skills;

• Career education; and

• For students with low vision, visual

efficiency skills.

This list is not intended to be

exhaustive. A child’s IEP team could

determine that it would be appropriate

to consider an individual child’s need

for other skills or services, in addition

to those listed above. Therefore, in

making decisions about the educational

programs for a blind or visually

impaired child, as is true for other

disabled children, IEP teams must

consider the full range of skills and

services necessary for the child to

receive FAPE, and to be involved and

progress in the general curriculum, as

appropriate.

Least Restrictive Environment and

Provision of Services Requirements

Part B requires States to have policies

and procedures for ensuring that, to the

maximum extent appropriate, children

with disabilities are educated with

children who are not disabled, and that

special classes, separate schooling, or

other removal of children with

disabilities from the regular educational

environment occurs only if the nature or

severity of the disability is such that

education in regular classes with the use

of supplementary aids and services

cannot be achieved satisfactorily.38 This

requirement is known as the least

restrictive environment (LRE)

requirement. Consistent with this LRE

principle, the IDEA Amendments of

1997 require that each child’s IEP

contain an explanation of the extent, if

any, to which the child will not be

educated and participate with

nondisabled children in the regular

class and in academic, extracurricular

and other nonacademic activities.39

Department regulations also provide

that a child with a disability is not

removed from education in ageappropriate regular classrooms solely

because of needed modifications in the

general curriculum for that child.40

Thus, before a disabled child can be

removed from the regular classroom, the

placement team, which includes the

child’s parents, must consider whether

the child can be educated in less

restrictive settings with the use of

appropriate supplementary aids and

services and make a more restrictive

placement only when they conclude

that education in the less restrictive

setting with appropriate supplementary

aids and services cannot be achieved

satisfactorily.41

Recognizing that the regular

classroom may not be the LRE

placement for every disabled student,

the Part B regulations require public

agencies to make available a continuum

of alternative placements or a range of

placement options, to meet the needs of

students with disabilities for special

education and related services. The

options on this continuum include

instruction in regular classes, special

classes, special schools, home

instruction, and instruction in hospitals

and institutions. In addition, the

continuum must make provision for

supplementary services (such as

resource room or itinerant instruction)

to be provided in conjunction with

regular class placement.42

Part B also requires that each child’s

placement must be based on the child’s

IEP.43 That is why placement decisions

cannot be made before a student’s IEP

is developed. Rather, it is the child’s IEP

that forms the basis for the placement

decision. This means, for example, that

the statement of the special education

and related services and supplementary

aids and services to be provided to the

child, or on behalf of the child, the

statement of the program modifications

or supports for school personnel that

will be provided for the child, and the

explanation of the extent, if any, to

which the child will not participate

with nondisabled children in regular

classes and other academic,

nonacademic and extracurricular

activities, form the basis for the

placement decision. Under Part B, the

IEP team for each child with a disability

must make an individualized

determination regarding how the child

will participate in the general

curriculum, including supports needed

for the child, and what, if any,

educational needs will not be met

through involvement in the general

curriculum. If, in the evaluation

process, full consideration has been

given to the range of accommodations

and modifications that might be needed

for the blind or visually impaired

student, including a student who has

other disabilities, such as a hearing

impairment or an emotional disability,

to access the general curriculum offered

to nondisabled students, information

about those needs should be readily

available to the IEP team. After the

student’s IEP is developed, the

placement determination, that is, the

determination as to the setting in which

services will be provided, must be made

on an individual basis, consistent with

the student’s IEP and the Act’s LRE

requirements.

The 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

36592 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Notices

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 she needs, must be

considered in determining the LRE.46 As

in other situations, placements of blind

and visually impaired students,

including those with other disabilities,

may not be based solely on factors such

as category of disability, significance of

disability, availability of special

education and related services,

availability of space, configuration of

the service delivery system, or

administrative convenience.47

In implementing Part B’s LRE

requirements, in some instances,

placement decisions are inappropriately

made before IEPs that address a child’s

unique needs are developed. Individual

determinations of appropriate special

education and related services,

supplementary aids and services, and

program modifications and supports for

school personnel must be made through

the IEP process, which must address the

development of skills necessary for a

student to cope with the impact of

blindness or low vision or other

identified disabilities on the student’s

ability to learn and to be involved and

progress in the general curriculum.

Since Part B requires that each child’s

placement must be based on his or her

IEP, making placement decisions before

a student’s IEP is developed is a practice

that violates Part B and could result in

the denial of FAPE in the LRE.

Still in other instances, some students

have been inappropriately placed in the

regular classroom although it has been

determined that their IEPs cannot be

appropriately implemented in the

regular classroom even with the

necessary and appropriate

supplementary aids and services. In

these situations, the nature of the

student’s disability and individual

needs could make it appropriate for the

student to be placed in a setting outside

of the regular classroom in order to

ensure that the student’s IEP is

satisfactorily implemented. By contrast,

there are other instances where some

blind and visually impaired students

have been inappropriately placed in

settings other than the regular

classroom, even though their IEPs could

have been implemented satisfactorily in

the regular classroom with the provision

of appropriate supplementary aids and

services. As is true for all educational

decisions under Part B, these concerns

about the misapplication of the LRE

requirements for blind and visually

impaired students underscore the

importance of making individual

placement determinations based on

each student’s unique abilities and

needs.

In making placement determinations

regarding children who are blind or

visually impaired, it is essential that

groups making decisions regarding the

setting in which appropriate services are

provided consider the full range of

settings that could be appropriate

depending on the individual needs of

the blind or visually impaired student,

including needs that arise from any

other identified disabilities that the

student may have. The following are

some examples:

• A regular classroom with needed support

services provided in that classroom by an

itinerant teacher or by a special education

teacher assigned to that school;

• The regular classroom with services

provided outside the classroom by an

itinerant teacher or by a special education

teacher assigned to that school;

• A self-contained classroom in a regular

school that provides services that address

needs arising from the student’s blindness or

visual impairment as well as other identified

disabilities, if applicable; and

• A special school with a residential

component that provides services that

address the full range of the blind or visually

impaired student’s disability-specific needs,

including those arising from other

disabilities, if applicable.

Procedural Safeguards

Part B also requires that public

agencies afford parents of children with

disabilities an array of procedural

safeguards. These include giving parents

written notice, in language

understandable to the general public

and in the native language of the parent

or other mode of communication used

by the parent unless it is clearly not

feasible to do so. This written notice

must be given a reasonable time before

a public agency proposes or refuses to

initiate, or change, the identification,

evaluation, or educational placement of

the child, or the provision of a free

appropriate public education to the

child. Included in this notice, among

other components, are a description of

the action proposed or refused by the

agency, an explanation of why the

agency proposes or refuses to take the

action, a description of any options the

agency considered and the reasons why

those options were rejected, a

description of any evaluation procedure,

test, record, or report the agency used as

a basis for the proposed or refused

action, and sources for parents to

contact, such as parent training and

information centers or Protection and

Advocacy entities or other advocacy

organizations, to gain assistance in

understanding the provisions of the

Act.48 The requirement to provide a

description of any option considered

includes a description of the types of

placements that were actually

considered for the child, e.g., regular

class placement with needed

supplementary aids and services,

regular classroom with pull-out

services, special school, and the reasons

why these placement options were

rejected. Providing this kind of

information to parents will enable them

to play a more knowledgeable and

informed role in the education of their

children.

Informed parental consent must be

obtained before conducting an initial

evaluation or reevaluation, with certain

limited exceptions, and before the

initial provision of special education

and related services to a child with a

disability.49 Section 300.500(b)(1) of the

Part B regulations defines ‘‘consent’’ to

mean that the parent has been fully

informed of the activity for his or her

consent has been sought in his or her

native language or other mode of

communication.

The IDEA Amendments of 1997 also

require public agencies to give parents

a copy of a notice of procedural

safeguards available to parents under

Part B, written in language

understandable to the general public

and provided in the native language of

the parent or other mode of

communication used by the parent,

unless it is clearly not feasible to do so.

Such a notice must be provided prior to

an initial referral of a child for

evaluation, before an IEP meeting,

before a reevaluation, and upon receipt

of a request for a due process hearing.

This notice, among other matters, must

inform parents of their right to file a

complaint under the State complaint

procedures at 34 CFR §§ 300.660–

300.662, as well as their right to seek

mediation or request a due process

hearing.50 Part B affords parents and

public educational agencies the right to

initiate an impartial due process hearing

on any matter regarding the

identification, evaluation, or

educational placement of the child, or

the provision of a free appropriate

public education to the child.51

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Notices 36593

The IDEA Amendments of 1997

provide that, when a parent requests a

due process hearing on matters

involving the identification, evaluation,

or educational placement of the child or

the provision of FAPE to the child, the

public agency must inform the parents

of the availability of mediation as a

means to resolve the dispute. Mediation,

at a minimum, must be available

whenever an impartial due process

hearing is requested. The mediation

process must be voluntary on the part of

the parties, not be used to deny or delay

a parent’s right to a due process hearing

or any other rights afforded under Part

B of the Act, and be conducted by a

qualified and impartial mediator who is

trained in effective mediation

techniques.52

Disagreements between parents and

public agencies over issues such as the

extent that Braille instruction should be

included in a child’s IEP, or the

educational setting in which the child’s

IEP should be implemented, are

examples of some of the matters that can

be the subject of mediation or an

impartial due process hearing. The use

of mediation is strongly encouraged,

since its use could eliminate the need to

utilize the Act’s due process procedures

to resolve the dispute. Public agencies

need to inform parents of all children

with disabilities, including parents of

blind and visually impaired students,

about their right to initiate a due process

hearing if agreement cannot be reached

on important educational decisions, as

well as their right to file a complaint

under the State complaint procedures at

34 CFR §§ 300.660–300.662 of the Part

B regulations, including a description of

how to file a complaint and the

timelines under those procedures.

Electronic Access to This Document

You may view this document, as well

as all other Department of Education

documents published in the Federal

Register, in text or Adobe Portable

Document Format (PDF) on the Internet

at either of the following sites:

http://ocfo.ed.gov/fedreg.htm

http://www.ed.gov/news.html

To use the PDF you must have the

Adobe Acrobat Reader Program with

Search, which is available free at either

of the preceding sites. If you have

questions about using the PDF, call the

U.S. Government Printing Office (GPO),

toll free, at 1–800–293–6498; or in the

Washington, D.C., area at (202) 512–

1530.

Note: The official version of this document

is the document published in the Federal

Register. Free Internet access to the official

edition of the Federal Register and the Code

of Federal Regulations is available on GPO

Access at:

http://www.access.gpo.gov/nara/index.html.

Authority: 20 U.S.C. 1411–1420; 29 U.S.C.

794.

Dated: June 5, 2000.

Richard W. Riley,

Secretary of Education.

Appendix

1Two 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

with the Section 504 regulations at 34 CFR

104.33–104.36. With respect to elementary

and secondary education programs, OCR

generally interprets Title II of the ADA and

its prohibition against discrimination on the

basis of disability in a manner consistent

with Section 504 and its regulations. The

IDEA requirements described in this Notice

are consistent with recipients’ and public

entities’ obligations to provide FAPE to blind

and visually impaired students under Section

504 and Title II of the ADA.

For further information about the

requirements of Section 504 and Title II of

the ADA, as they apply to the education of

blind and visually impaired students, contact

the OCR Customer Service Team at the

following address and telephone number:

OCR Customer Service Team, U.S.

Department of Education, 330 C Street, S.W.

Room 5212, Washington, D.C. 20202–1100,

Telephone: (202) 205–5413; (202) 260–0471

for TTD services, Toll Free: 1–800–421–3481.

Fax: (202) 205–9862, E-mail: ocr@ed.gov. 2 20 U.S.C. 1412(a)(1) and 34 CFR 300.121;

20 U.S.C. 1401(8) and 34 CFR 300.13. 3 34 CFR 300.300(a)(3)(i)–(ii).

4 34 CFR 300.531.

5 34 CFR 300.532(b).

6 34 CFR 300.532(g).

7 34 CFR 300.532(h).

8 20 U.S.C. 1414(b)(3)(B)(i) and 34 CFR

300.532(c)(1)(ii). 9See 20 U.S.C. 1414(d)(3)(B)(iii). 10 34 CFR 300.532(b)(1)–(2); see also

Appendix A to 34 CFR Part 300, question 2

(Appendix A), 64 FR at 12472 (Mar. 12,

1999). 11The IEP is a written statement for a child

with a disability that is developed, reviewed,

and revised at a meeting in accordance with

the requirements of 34 CFR 300.341–300.350.

See 34 CFR 300.340(a).

12For a fuller explanation of IEP and other

requirements of the Individuals with

Disabilities Education Act Amendments of

1997, see Notice of Interpretation, Appendix

A to 34 CFR Part 300, published at 64 FR

12406, 12469 (Mar. 12, 1999). 13 34 CFR 300.347(a)(2). 14See National Agenda for the Education

of Children and Youths with Vision

Impairments, including Multiple Disabilities,

AFB Press (1995). 15 34 CFR 300.347(a)(2); Appendix A,

question 2, 64 FR at 12472 (Mar. 12, 1999). 16 34 CFR 300.138(a). 17 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). 26See 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 00–7 dated January 13,

2000 to State Directors of Special Education,

entitled Enhancing Coordinated Services

Systems among LEAs and SEAs. 30For a complete list, see a project

sponsored by the National Institute on

Disability and Rehabilitation Research

(NIDRR), a component of the Office of

Special Education and Rehabilitative

Services, at http://www.resna.org/taproject/

at/statecontacts.html 31See the October 9, 1997 ‘‘Dear

Colleague’’ letter from the Secretary and the

attached technical assistance packet. For

guidance on standards that the Department

uses for its suppliers, see Requirements for

Accessible Software Design, 1997, at http://

gcs.ed.gov/coninfo/clibrary/software.htm 32 20 U.S.C. 1401(22). 33See Attachment 1, 64 FR at 12549 (Mar.

12, 1999). 34 34 CFR 300.26(a)(4). 35See Attachment 1, 64 FR at 12549 (Mar.

12, 1999). 36National Agenda for the Education of

Children and Youth with Visual

Impairments, including Multiple Disabilities,

AFB Press, at p. 14 (1995). 37 34 CFR 300.309. 38 34 CFR 300.550(b). 39 20 U.S.C. 1414(d)(1)(A)(iv) and 34 CFR

300.347(a)(3)–(4); Appendix A, question 1, 64

FR at 12471 (Mar. 12, 1999). 40 34 CFR 300.552(e). 41 34 CFR 300.550(b); Attachment 1, 64 FR

at 12638 (Mar. 12, 1999).

36594 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Notices

42 34 CFR 300.551(b). 43 34 CFR 300.552(b)(2). That regulation

requires that each child’s placement is

determined at least annually, is based on his

or her IEP, and is in the school or facility as

close as possible to the child’s home. 34 CFR

300.552(b)(1)–(3). Further, unless a disabled

student’s IEP requires some other

arrangement, the child is educated in the

school that he or she would attend if

nondisabled. 34 CFR 300.552(c). 44 20 U.S.C. 1414(f) and 34 CFR 300.501(c)

and 300.552(a). 45See 34 CFR 300.552. 46 34 CFR 300.552(d). 47Appendix 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. 00–14485 Filed 6–7–00; 8:45 am]

BILLING CODE 4000–01–U