14 Del. C. § 206

(a) In developing the individualized written education program for each student with blindness or visual impairment, it is the presumption that proficiency in Braille reading and writing is essential for each student to achieve satisfactory educational progress. The assessment required for each student includes a Braille skills inventory, including a statement of strengths and weaknesses.

(1) This section does not require Braille instruction and its use if, in the course of developing the student’s individualized educational program, each member of the team concurs that the student’s visual impairment does not affect reading and writing performance commensurate with ability.

(2) This section does not require exclusive use of Braille if other special education services are appropriate to the student’s needs. The provision of other appropriate services does not preclude Braille use or instruction.

(b) Instruction in Braille reading and writing are sufficient to enable each student with blindness or visual impairment to communicate effectively and efficiently with the same proficiency expected of the student’s peers of comparable ability and grade level. The student’s individualized educational plan must specify at least all of the following:

(1) The results obtained from the inventory required in subsection (a) of this section.

(2) How Braille will be implemented as the primary mode for learning through integration with other classroom activities.

(3) The date on which Braille instruction will commence.

(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.

(6) The evidence used to determine that the student’s ability to read and write effectively without special education services will not be impaired if a decision has been made under subsection (a) of this section that Braille instruction or use is not required for the student.

(c) Each publisher of a textbook that a local education agency purchases must, in addition to granting copyright permission for transcription into Braille, large print, or tape for students with visual impairments as already established by law, furnish to the Division for the Visually Impaired a print or electronic copy in the American Standard Code for Information Interchange (ASCII) from which Braille versions of the texts can be produced. The print copy is also required since the accompanying graphics must be reproduced by hand and some subject matter, such as mathematics, must still be hand transcribed.

(d) [Repealed.]

(e) In order to meet the instructional needs of each student with blindness or visual impairment, the Division for the Visually Impaired shall hire an itinerant teacher of the visually impaired for every 28 students, or a major fraction thereof, who are registered and receiving instruction from a local education agency. At least 2 of these teacher units must be 12-month employees in order to insure competent Braille instruction during the summer months.