PROPOSED RULES
Continuance of WSR 01-05-091.
Preproposal statement of inquiry was filed as WSR 99-04-008.
Title of Rule: WAC 180-82-130 Assignment of persons providing instruction to Braille to students.
Purpose: To amend WAC 180-82-130 regarding the assignment of teachers of Braille.
Other Identifying Information: Continuance of WSR 01-05-091, change in hearing date.
Statutory Authority for Adoption: RCW 28A.305.130 (1) and (2), 28A.410.010, 28A.150.220(4).
Summary: Amendment of WAC 180-82-130.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 753-6715.
Name of Proponent: State Board of Education.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The amendments to WAC 180-82-130 provide for the needed instruction to maintain certification to teach Braille to students.
Proposal Changes the Following Existing Rules: Amends WAC 180-82-130.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Fife School District Administration Building, 5802 20th Street East, Tacoma, WA 98424-2000, on June 15, 2001, at 8:30 a.m.
Assistance for Persons with Disabilities: Contact Laura Moore by June 1, 2001, TDD (360) 664-3631, or (360) 753-6715.
Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, by June 1, 2001.
Date of Intended Adoption: June 15, 2001.
May 1, 2001
Larry Davis
Executive Director
OTS-4648.1
AMENDATORY SECTION(Amending WSR 99-04-008, filed 1/21/99,
effective 2/21/99)
WAC 180-82-130
Assignment of persons providing instruction
of Braille to students.
(1) No certificated school district
employee shall be assigned to provide instruction of Braille to
students who has not demonstrated competency with the 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 at Portland State University; or
(c) Successful completion of any other test approved for use by the state board of education.
(2) No classified school district employee working under the supervision of a certificated school district employee, which certificated employee meets the requirement of subsection (1) of this section, may produce Braille material or provide instruction in the Braille code unless the employee has demonstrated competency with the grade two standard literary Braille code as provided under subsection (1) of this section.
(3)(a) Each school district is responsible for monitoring the appropriate assignment of personnel under subsections (1) and (2) of this section.
(b) Any person under subsections (1) and (2) of this section shall have one year from the date of request to successfully pass the testing requirement under subsection (1) of this section.
(c) The Washington Instructional Resource Center for the Visually Impaired shall forward to the state board of education the names of individuals who have passed the testing requirement under subsection (1) of this section and the date of passage. The center also shall forward to the state board the names of individuals who have not passed the testing requirement within one year and the name of the employing school district of the individual.
(4) The state board shall establish a test review committee which shall be responsible for developing criteria to evaluate a test under subsection (1)(c) of this section. No test shall be considered for approval by the state board under subsection (1)(c) of this section unless it has been evaluated by the test review committee and a recommendation for approval or disapproval has been submitted to the board. At a minimum, the membership of the committee shall include persons representing:
(a) National Federation of the Blind of Washington;
(b) Washington council of the blind;
(c) Association of education and rehabilitation of the blind and visually impaired of Washington;
(d) Washington instructional resource center for the visually impaired;
(e) Washington state school for the blind; and
(f) Office of the superintendent of public instruction.
(((4))) (5) A person who has met the requirement of
subsection (1) of this section shall maintain their facility with
the grade two standard literary Braille code by:
(a) Completing ten hours every five years of continuing education; or
(b) Successful completion every five years of one of the tests under subsection (1) of this section.
(((5) This section shall take effect September 1, 1997.))
(6)(a) For the purpose of subsection (5)(a) of this section, the
continuing education option may be satisfied by:
(i) Completing the equivalent of ten clock hours through completion of college credits as provided under WAC 180-85-030 (1) and (2); or
(ii) Completing ten clock hours of continuing education as provided under WAC 180-85-030 (3) and (4); or
(iii) Completing the equivalent of ten clock hours through completion of continuing education units through a college or university. One continuing education unit shall equal not fewer than ten clock hours of attendance.
(b) For the purpose of subsection (5)(a) of this section, "continuing education" shall mean one or more of the following:
(i) Instructional methodology in Braille;
(ii) Improving Braille code skills; or
(iii) Maintaining or refreshing Braille code skills, not including technology or software. "Braille code skills" means literary, music, and the Nemeth code of mathematics and scientific notation.
(c) For the purpose of subsection (5)(a) of this section, an approved provider of continuing education may include:
(i) The National Braille Association;
(ii) The Library of Congress;
(iii) The Braille Authority of North America;
(iv) A regionally accredited institution of higher education under WAC 180-78A-010(6);
(v) An educational service district;
(vi) The American Foundation for the Blind;
(vii) The Association of Education and Rehabilitation of the Blind and Visually Impaired of Washington;
(viii) The American Foundation for the Blind annual American Braille literacy conference; or
(ix) Any other entity approved by the state board of education based upon a recommendation to approve from the test review committee established under subsection (4) of this section.
(d) For the purpose of subsection (1) of this section, a person who holds a Library of Congress transcriber's certificate is exempt only from the testing requirement under subsection (1) of this section. If an individual earns the Library of Congress transcriber's certificate, they shall be deemed to have met the continuing education option under subsection (5)(a) of this section.
(e) Individuals who seek through subsection (5)(a) of this section to remain eligible to work with visually impaired students are responsible for documenting completion of continuing education. Such individuals are strongly encouraged to provide a copy of their documentation to their employing school district. The documentation shall not be collected by the state board of education. However, the documentation could be audited for purposes of compliance with basic education appropriation requirements under WAC 180-16-195.
[Statutory Authority: RCW 28A.305.130 (1) and (2), 28A.410.010 and 28A.150.220(4). 99-04-008, 180-82-130, filed 1/21/99, effective 2/21/99.]