[Mt-blind] Public Hearing Notice on Braille Instruction/Qualifications

[Daniel Burke]

Marty Greiser just sent the notice below to me.  This is an outgrowth of our
Braille bill, signed into law 19 months ago.  Discussions about
qualifications, etc., have been underway for the past year, and Marty and
Cody Greiser have represented the MAB in those discussions.  And now it's
important that blind Montanans and blind parents make comment on this
document -- for it will have the force of law once accepted.

Thanks,


Dan


*****

BEFORE THE BOARD OF PUBLIC EDUCATION
OF THE STATE OF MONTANA

In the matter of the proposed		)	NOTICE OF PUBLIC HEARING
adoption of NEW RULE I			)	ON PROPOSED ADOPTION
Assignment of Persons Providing		)
Instruction to Braille Students		)

TO:  All Concerned Persons

1.  On December 21, 2006, at 9:00 a.m., a public hearing will be held in the
conference room of the Office of the Commissioner of Higher Education at 46
North Last Chance Gulch, Helena, Montana, to consider the adoption of the
above-stated rule.

2.  The Board of Public Education will make reasonable accommodations for
persons with disabilities who wish to participate in this public hearing or
need an alternative accessible format of this notice.  If you require an
accommodation, contact the Board of Public Education no later than 5:00 p.m.
on December 7, 2006 to advise us of the nature of the accommodation that you
need.  Please contact Steve Meloy, P.O. Box 200601, Helena, MT 59620-0601,
telephone: (406) 444-6576, FAX: (406) 444-0847, e-mail:
smeloy at bpe.montana.edu.

3.  The proposed new rule provides as follows:

	NEW RULE I  ASSIGNMENT OF PERSONS PROVIDING INSTRUCTION TO BRAILLE
STUDENTS  (1)  No certified or classified employee of a school district,
cooperative, or any contracted service provider shall be assigned to provide
instruction of Braille to a student or produce Braille materials who has not
demonstrated competency in “contracted” (grade two) standard literary
Braille code by:
	(a)  successful completion of the National Literary Braille
Competency Test; or 
	(b)  successful completion of the Braille competency test developed
by Portland State University (Braille Literacy Usage Exam); or
	(c)  successful completion of Library of Congress transcriber’s
certificate; or
	(d)  successful completion of a program, for teaching visually
impaired students, from an accredited college or university.
	(2)  The employing agency (school district and/or cooperative) is
responsible for monitoring appropriate assignment of personnel under (1).
	(3)  Any person under (1) shall have two years, from the date that
the individual has been initially assigned to provide instruction in Braille
or to produce Braille materials, to successfully pass the testing
requirements.
	(4)  A person who has met the requirements of (1) shall maintain
their facility with “contracted” (grade two) standard literary Braille code
through continuing education opportunities.  
	(5)  For the purposes of (4), an approved provider of continuing
education may include any entity approved by the Montana Office of Public
Instruction and/or the Montana Board of Education.
	(6)  Individuals who seek to remain eligible to work with visually
impaired students are responsible for documenting completion of continuing
education.  Such individuals will provide a copy of their documentation to
their employing school district.
	(7)  If a paraprofessional, who has not successfully met the
requirements found in (1), is assigned to work with a student who has a
visual impairment, the paraprofessional will be supervised by the district’s
special education teacher in collaboration with a teacher of the visually
impaired who holds a credential from an accredited university.  In addition,
the assigned paraprofessional and the school district shall meet the
requirements contained in (1) within two years of the date a student with a
visual impairment has been identified as in need of Braille instruction
and/or materials.

	AUTH:  20-2-114, MCA 
	IMP:  20-1-121, 20-7-475, MCA

4.  Statement of Reasonable Necessity:  The proposed rule for instructors of
Braille was developed in accordance with the requirements of House Bill 438
as approved by the 2005 Montana Legislature.  House Bill 438 reads, in part,
"Section 6.  Personnel training.  The board of public education shall
establish standards to ensure that individuals who provide Braille
Instruction are appropriately trained and supervised."

5.  Pursuant to the agreement between the Board of Public Education and the
Legislature, the board does not anticipate any implementation costs, but
shall request and report in its adoption notice any cost estimates received
from districts during the hearing.

6.  Concerned persons may present their data, views, or arguments, either
orally or in writing, at the hearing.  Written data, views, or arguments may
also be submitted by mail to the Board of Public Education, P.O. Box 200601,
Helena, Montana 59620-0601, or by e-mail to smeloy at bpe.montana.edu and must
be received no later than 5:00 p.m. on December 21, 2006.

7.  Steve Meloy has been designated to preside over and conduct the hearing.


8.  The Board of Public Education maintains a list of interested persons who
wish to receive notices of rulemaking actions proposed by this agency.
Persons who wish to have their name added to the list shall make a written
request which includes the name and mailing address of the person to receive
notices and specifies that the person wishes to receive notices regarding
[subject matter] or other school related rulemaking actions.  Such written
request may be mailed or delivered to Steve Meloy, P.O. Box 200601, Helena,
Montana 59620-0601, faxed to the office at (406) 444-0847, by e-mail to
smeloy at bpe.montana.edu, or may be made by completing a request form at any
rules hearing held by the Board of Public Education.

9.  The bill sponsor notice requirements of 2-4-302, MCA, apply and have
been fulfilled.  The requirements of 20-1-501, MCA, have been fulfilled.
Copies of these rules have been sent to all tribal governments in Montana.


						/s/ Diane Fladmo 
						Diane Fladmo, Chairperson
						Board of Public Education



						/s/ Steve Meloy
						Steve Meloy, Rule Reviewer
						Board of Public Education

Certified to the Secretary of State November 13, 2006.




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