_________ Bill No. _______

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act directing the Office of Public Instruction to amend ARM 10.16.1101, relating to evaluation procedures protection, to provide a determination of the instructional needs for a visually impaired child; and providing an immediate effective date."

WHEREAS, current Montana law and the existing rules of the Office of Public Instruction provide that students with disabilities must be assessed in all areas related to the suspected disability; and

WHEREAS, current law and existing rules also provide that the data gathered from the comprehensive educational evaluation conducted by the child study team must be utilized in the development of the individualized education program; and

WHEREAS, the current language of ARM 10.16.1101 requires a supplementary written report of individualized assessments for children with visual impairments to include medical or optometric assessments but does not specifically address whether assistive technology, including Braille, is appropriate for a child with a visual impairment;

WHEREAS, amendment to the evaluation procedures prescribed in ARM 10.16.1101 is necessary to clarify that whenever a comprehensive educational evaluation is conducted for a student with a visual impairment, the evaluation must include a supplementary written report that considers whether assistive technology, including but not limited to Braille, is needed for the child.

Be it enacted by the Legislature of the State of Montana:

NEW SECTION. Section 1.  Office of public instruction to amend rule. The office of public instruction shall amend ARM 10.16.1101, relating to protection in evaluation procedures, to provide a determination of the need for assistive technology for a child with a visual impairment, including but not limited to Braille instruction, Braille reader textbooks, or large print or tape recorded instructional material.

NEW SECTION. Section 2.  Effective date. [This act] is effective on passage and approval.

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