(a) Paragraphs (b) to (f) may be cited as the "Blind Persons' Literacy Rights and Education Act."
(b) The following definitions apply to paragraphs (c) to (f).
"Blind student" means an individual who is eligible for special educational services and who:
(1) has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than 20 degrees; or
(2) has a medically indicated expectation of visual deterioration.
"Braille" means the system of reading and writing through touch commonly known as standard English Braille.
(c) In developing an individualized education program for each blind student the presumption must be that proficiency in Braille reading and writing is essential for the student to achieve satisfactory educational progress. The assessment required for each student must include a Braille skills inventory, including a statement of strengths and deficits. Braille instruction and use are not required by this paragraph if, in the course of developing the student's individualized education program, team members concur that the student's visual impairment does not affect reading and writing performance commensurate with ability. This paragraph does not require the exclusive use of Braille if other special education services are appropriate to the student's educational needs. The provision of other appropriate services does not preclude Braille use or instruction. Instruction in Braille reading and writing must be available for each blind student for whom the multidisciplinary team has determined that reading and writing is appropriate.
(d) Instruction in Braille reading and writing must be sufficient to enable each blind student to communicate effectively and efficiently with the same level of proficiency expected of the student's peers of comparable ability and grade level.
(e) The student's individualized education program must specify:
(1) the results obtained from the assessment required under paragraph (c);
(2) how Braille will be implemented through integration with other classroom activities;
(3) the date on which Braille instruction will begin;
(4) the length of the period of instruction and the frequency and duration of each instructional session;
(5) the level of competency in Braille reading and writing to be achieved by the end of the period and the objective assessment measures to be used; and
(6) if a decision has been made under paragraph (c) that Braille instruction or use is not required for the student:
(i) a statement that the decision was reached after a review of pertinent literature describing the educational benefits of Braille instruction and use; and
(ii) a specification of the evidence used to determine that the student's ability to read and write effectively without Braille is not impaired.
(f) Instruction in Braille reading and writing is a service for the purpose of special education and services under this section.
(g) Paragraphs (b) to (f) must not be construed to supersede any rights of a parent or guardian of a child with a disability under federal or state law.
Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 1965 c 241 s 1-3; 1967 c 872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2; 1975 c 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 3 s 1-4; 1977 c 449 s 12; 1978 c 733 s 1; 1978 c 764 s 3-5; 1978 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509 s 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 1982 c 548 art 3 s 1-3; 1983 c 247 s 55; 1983 c 258 s 13; 1983 c 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 5 s 58; 1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s 2-5; 1988 c 629 s 24; 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 329 art 3 s 1-3; 1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s 1; 1993 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 s 2-8,34; 1Sp1995 c 3 art 3 s 1-3; art 16 s 13; 1996 c 412 art 2 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 24,164; art 11 s 3; 1998 c 398 art 2 s 7; 1Sp2011 c 11 art 3 s 12
Structure Minnesota Statutes
Chapters 120 - 129C — Education Code: Prekindergarten - Grade 12
Chapter 125A — Special Education And Special Programs
Section 125A.01 — Definitions.
Section 125A.02 — Child With A Disability Defined.
Section 125A.023 — State Agency Coordination Responsibilities.
Section 125A.027 — Local Agency Coordination Responsibilities.
Section 125A.03 — Special Instruction For Children With A Disability.
Section 125A.04 — High School Diploma.
Section 125A.06 — Blind Persons' Literacy Rights.
Section 125A.08 — Individualized Education Programs.
Section 125A.083 — Student Information Systems; Transferring Records.
Section 125A.091 — Alternative Dispute Resolution And Due Process Hearings.
Section 125A.094 — Restrictive Procedures For Children With Disabilities.
Section 125A.0941 — Definitions.
Section 125A.0942 — Standards For Restrictive Procedures.
Section 125A.11 — Special Instructions For Nonresident Children.
Section 125A.12 — Attendance In Another District.
Section 125A.125 — Report On Homeless Children Served.
Section 125A.13 — School Of Parents' Choice.
Section 125A.14 — Extended School Year.
Section 125A.15 — Placement In Another District; Responsibility.
Section 125A.155 — Special Education Reciprocity; Commissioner Duties.
Section 125A.17 — Legal Residence Of A Child With A Disability Placed In A Foster Facility.
Section 125A.18 — Special Instruction; Nonpublic Schools.
Section 125A.19 — Nonresident Education; Billing.
Section 125A.20 — Transportation Aid Agreements.
Section 125A.21 — Third-party Payment.
Section 125A.22 — Community Transition Interagency Committee.
Section 125A.23 — Agency Access To Nonpublic Data.
Section 125A.24 — Parent Advisory Councils.
Section 125A.25 — Legislative Commitment To Conciliation.
Section 125A.259 — Citation; Interagency Early Childhood Intervention System.
Section 125A.27 — Definitions.
Section 125A.28 — State Interagency Coordinating Council.
Section 125A.29 — Responsibilities Of County Boards And School Boards.
Section 125A.30 — Interagency Early Intervention Committees.
Section 125A.31 — Local Primary Agency.
Section 125A.32 — Individualized Family Service Plan (ifsp).
Section 125A.33 — Service Coordination.
Section 125A.34 — Early Intervention Respite Services.
Section 125A.35 — Early Intervention Service Dollars.
Section 125A.36 — Payment For Services.
Section 125A.37 — Payor Of Last Resort.
Section 125A.38 — Maintenance Of Effort.
Section 125A.39 — Local Interagency Agreements.
Section 125A.40 — Third-party Payment.
Section 125A.41 — Coordinating Health Insurance Benefits.
Section 125A.42 — Procedural Safeguards; Parent And Child Rights.
Section 125A.43 — Mediation Procedure.
Section 125A.44 — Complaint Procedure.
Section 125A.45 — Interagency Dispute Procedure.
Section 125A.46 — Due Process Hearings.
Section 125A.48 — State Interagency Agreement.
Section 125A.50 — Alternative Delivery Of Specialized Instructional Services.
Section 125A.51 — Placement Of Children Without Disabilities; Education And Transportation.
Section 125A.515 — Placement Of Students; Approval Of Education Program.
Section 125A.53 — Director Of A Special Education Cooperative.
Section 125A.55 — Accommodating Students With Disabilities.
Section 125A.56 — Alternate Instruction Required Before Assessment Referral.
Section 125A.58 — Purchasing Guidelines.
Section 125A.59 — Interagency Agreement To Purchase Used Assistive Technology Devices.
Section 125A.60 — Purchase Agreement; Price Formula.
Section 125A.61 — Location And Status.
Section 125A.62 — Duties Of The Board Of The Minnesota State Academies.
Section 125A.63 — Resources; Deaf Or Hard-of-hearing And Blind Or Visually Impaired.
Section 125A.64 — Powers Of Board Of The Minnesota State Academies.
Section 125A.65 — Attendance At Academies For The Deaf And Blind.
Section 125A.66 — Obligations Of The Academies.
Section 125A.67 — Staff Of The Academies.
Section 125A.68 — State Adopted Procedures.
Section 125A.69 — Admission Standards.
Section 125A.70 — Expense Of Pupils.
Section 125A.71 — Deposit And Appropriation Of Rents And Fees Of Academies.
Section 125A.72 — Student Activities Account.
Section 125A.73 — Duties Of State Departments.
Section 125A.74 — Medical Assistance Payments To School Districts.
Section 125A.744 — Statewide Data Management System To Maximize Medical Assistance Reimbursement.
Section 125A.75 — Special Education Programs; Approval; Aid Payments; Travel Aid; Litigation Costs.
Section 125A.76 — Special Education Aid.