COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED
Proposed Readoption with Amendments:
N.J.A.C. 10:92
Authorized By: Gwendolyn L. Harris, Commissioner, Department of Human Services
Authority: N.J.S.A. 30:6-1 et seq;. and P.L. 2002, c.138
Calendar Reference: See Summary below for explanation of exception to rulemaking calendar
requirement.
Proposal Number:
PRN 2003-137
Submit comments by June 20, 2003 to:
Merilyn C. Rosenthal, Esq.
Administrative Practice Officer
Department of Human Services
Office of Legal and Regulatory
Liaison
The agency proposal follows:
The Commission for the Blind and Visually Impaired, hereinafter referred
to as the Commission, was designated by N.J.S.A. 30:6-1 to provide “all means
which it deems feasible for ameliorating the condition of the blind and
visually impaired within the State.”
Pursuant to
N.J.S.A. 52:14B-5.1c, N.J.A.C. 10:92 will expire on
This notice of
proposal is exempted from the rulemaking calendar requirements pursuant to
N.J.A.C. 1:30-3.3(a)5, because a 60-day public comment period is being
provided.
A summary of the
rules proposed for readoption follows:
N.J.A.C. 10:92-1
provides an overview of the purpose and scope of the Commission’s educational
services program. The subchapter also
briefly outlines the services that may be provided by the Commission to enable
children who are blind and visually impaired to participate in the educational
process in the least restrictive, most appropriate setting. Additionally, the subchapter includes
definitions of key terms used in the delivery of the Commission’s special
instruction and disability specific educational services.
N.J.A.C. 10:92-2
discusses the purpose of eligibility determination for educational
services. The subchapter sets forth the
criteria used by the Commission in determining a child’s eligibility for
educational services. The Commission’s
policy of providing written notification to the parent or guardian of a child
determined to be ineligible for educational services is also reviewed in the
subchapter.
N.J.A.C. 10:92-3
describes the Commission’s itinerant education services and delineates the
three levels of service which are provided to children aged three to 21 through
annual provider service agreements with local school districts. In addition to reviewing the specialized vision
services that are provided to students who are significantly multi-handicapped
and visually impaired, the subchapter details the Commission’s specialized
vision services available to infants and toddlers, aged birth to three, and
their parents or guardians. The
subchapter also discusses the applicability of the Commission’s financial needs
standard to the provision of education services.
N.J.A.C. 10:92-4
outlines the circumstances under which the Commission, through its
N.J.A.C. 10:92-5
details a variety of additional services which may be offered by the Commission
to eligible children. These services
include Camp Marcella, a summer camp operated by the Commission, physical
education/recreation consultation, reader service payments, evaluation and/or
instruction in adaptive living skills as set forth in N.J.A.C. 10:93 and
transition services as set forth in N.J.A.C. 10:95.
N.J.A.C. 10:92-6
stipulates that the Commission does not have the authority to make educational
placements. The subchapter also discusses
the local school district’s responsibility for the student’s special education
costs in accordance with Department of Education rules.
A summary of the
proposed amendments follows:
At N.J.A.C.
10:92-1.1(b), the fiscal year is amended to reflect the current fiscal year.
At N.J.A.C.
10:92-1.1(c), a cross reference is amended to reflect the current
Administrative Code
At N.J.A.C.
10:92-1.1(d), language is expanded to comply with the American with
Disabilities Act (42U.S.C.12101) (hereinafter referred to as “ADA”)
requirements for person first language, to exemplify the Department’s
PeopleFIRST core value, to more clearly define services provided to the
population of students with multiple involvement, and to prevent duplication of
services when students are educated in facilities that meet the special
educational needs of students with visual impairments.
At N.J.A.C.
10:92-1.2, language is altered to comply with
At N.J.A.C.
10:92-2.1(b)1, the definition for
visually impaired is expanded to comply with the amended definition in N.J.A.C
10:92-1.2.
At. N.J.A.C.
10:92-2.1(b)3, a cross reference is amended to reflect the current
Administrative Code.
At N.J.A.C
10:92-2.1(b)4, language is modified to comply with N.J.A.C. 6A:14, the New
Jersey Special Education rules. Students
who meet the eligibility requirements for special education services are now
classified “eligible for special education”.
At N.J.A.C.
10:92-2.1(c), language is strengthened to enforce the receipt of eye
examination reports every three years to provide optimum educational support
services. It is imperative that the
Commission’s Education Unit maintains up-to-date eye health/visual acuity
information to provide appropriate service delivery. Many eye diseases result in secondary eye
conditions that might impact residual vision requiring a change in Commission
services and a change in the materials and equipment provided to students.
At N.J.A.C.
10:92-3.1(b), the fee for Level I Service is amended to reflect the current
expenditure for the Commission’s Teacher and Fringe Benefit Account, an
increase from $920 to $1035.
At. N.J.A.C.
10:92-3.1(b)3, the role of the teacher of the blind and partially sighted is
amended. One role of the teacher is to
provide information regarding the student’s visual impairment and the
educational implications of the impairment.
This information and subsequent teaching enables students to identify
appropriate material and classroom adaptations they can share with classroom
teachers. This process promotes independence
and the beginning of life-long advocacy skills.
The Commission contracts with outside agencies that provide adjustment
to vision loss counseling as needed.
At N.J.A.C.
10:92-3.1(c), the fee for Level II Service is amended to reflect the current expenditure
for the Commission’s Teacher and Fringe Benefit Account, an increase from $1790
to $3450.
At N.J.A.C
10:92-3.1(c)1 and 2, the term “blind student” is replaced with “braille user”
to clarify services provided to students who use the literary braille code for
reading and writing and the Nemeth code for mathematics and science. Many students who are blind do not have the
cognitive ability to read and will not use braille. In addition, the rewrite complies with the
At N.J.A.C.
10:92-3.1(d), the fee for Level III Service is amended to reflect the current
expenditure for the Commission’s Teacher and Fringe Benefit Account, an
increase from $6290 to $10,280.
At. N.J.A.C.
10:92-3.1(d)1, 2 and 3, the role of a teacher of the blind and partially
sighted is modified to expand instruction beyond braille. In addition to braille instruction,
Commission Instructors provide lessons that include, but are not limited to,
organization, aural reading, provision of adapted textbooks, note
taking/scanning, and assistive technology.
At N.J.A.C.
10:92-3.1(g), language is modified to clarify the content and distribution of
reports. Each Commission Instructor
composes a report detailing the services provided to each student during the
academic year. These reports are mailed
to parents and school districts.
At N.J.A.C.
10:92-3.1(h), language is added to clarify the process employed when designing
instructional assignments. Geography, the itinerant nature of the education
services program, and staffing influence the design of instructional
assignments. This process promotes the
delivery of comprehensive, timely, and consistent service throughout the
state.
At N.J.A.C. 10:92-3.1(i),
language is added to avoid duplication of services to students educated in
facilities/school districts that employ certified teachers of the blind and
partially sighted. These
facilities/school districts meet the unique educational needs of the student
who is visually impaired and do not require collaboration/instruction from a
second certified teacher of the blind and partially sighted provided by the
Commission. Providing two teachers for
one student compromises the delivery of services to those students who are
educated in facilities/school districts who employ the Commission as the
primary service provider for students who are blind or visually impaired.
At N.J.A.C.
10:92-3.3, the section heading is amended to reflect person first language required
by
At N.J.A.C.
10:92-3.3(a), services provided to students with severe multiple disabilities
is clarified. The Commission determines
appropriate service delivery based on individual student need and collaboration
with classroom teachers and parents. All
students with severe multiple disabilities do not require assessment and
evaluation, technical assistance, along with educational aids, equipment and
materials each academic year. Individual
student need must be addressed when providing education services.
At N.J.A.C.
10:92-3.4, cross-reference is amended to reflect the current Administrative
Code.
At N.J.A.C.
10:92-4.4(a), the provision of braille textbooks to students is clarified to
include only those who are learning or who have learned the braille code and
who have the cognitive ability to read with comprehension. Many students who are blind are not able to
use the braille code as a viable reading tool due to cognitive or physical
disabilities. For this reason, the
provision of textbooks in braille should be provided only to those students who
are braille users.
At N.J.A.C.
10:92-4.5, the process for the provision of large print textbooks and materials
is expanded. A functional vision
assessment, conducted by a certified teacher of the blind and partially
sighted, determines the need for and type of material adaptations needed. This evaluation will provide students with
materials designed to enhance functional ability.
At N.J.A.C.
10:92-4.6, the ordering process is expanded to include parents, and
teachers. Students, teachers, and
parents have the authority to order textbooks from Recordings for the Blind and
Dyslexic (RFB&D).
At N.J.A.C.
10:92-5.1(a)2, language is modified to reflect actual service provided. The Commission provides in-service training
for Physical Education teachers biannually as needed. Since many physical education teachers remain
with students for more than one year, the need for annual training is not
warranted.
At N.J.A.C.
10:92-6.1, cross-reference is amended to reflect the current Administrative
Code.
The Commission’s
comprehensive itinerant educational services program as reflected in the rules
proposed for readoption, benefits students that are blind and visually impaired
by assisting eligible students in acquiring the compensatory skills needed to
facilitate their inclusion in the least restrictive, most appropriate
educational setting. In Fiscal Year
2002, the Commission provided educational services to 2300 students. These students required specialized
instruction from teachers who have expertise in addressing disability specific
blindness needs.
Society benefits
from the Commission’s education program because services are delivered as part
of the inclusion model. This facilitates
peer communication and brings students together into a natural environment for
interaction. This also promotes positive
developmental experiences, independence and encourages the uniqueness of each
student. The Commission’s education
program provides an excellent opportunity for teaching acceptance and for
students to learn to respect each other’s individual differences.
The New Jersey
Appropriations Act (P.L. 2002, c.138) requires that local boards of education
reimburse the Commission for education services that they provide. In fiscal year 2002, the Commission as an
education service provider, generated $3.3 million in revenue from 400 school
districts and the Early Intervention Program.
This revenue is used to directly fund the Commission’s Teacher and
Fringe Benefits Account.
The proposed
amendments will not have an economic impact on eligible Commission
students. The Commission is proposing an
increase in the reimbursement fee schedule to reflect additional teaching
positions as well as increased salary and fringe benefits compensations. This will not have a negative impact on
school districts since State aid entitlement from the Department of Education
funds the school districts reimbursement costs.
This unique
collaboration with school districts to maintain inclusive education does have a
positive economic impact that produces a large financial savings for school
districts because students with visual disabilities are seldom sent to costly
out-of-State facilities. There is no
additional economic impact associated with the proposal amendments as these
rules reflect procedures, standards, and services which provide education
services that were already available under State laws and rules.
The rules
proposed for readoption with amendments do not exceed any Federal standards or
guidelines as there are no applicable federal standards. The rules proposed for readoption with
amendments reflect the requirements of State laws, regulations and policies.
The rules
proposed for readoption with amendments will have a minimal impact on the
number of jobs generated or lost in the state.
The Commission employs 57 teachers to provide educational services to
eligible students.
Although the
educational services program is not primarily designed to assist individuals in
obtaining employment, the skills acquired through this program will enable
students to obtain employment and have a positive impact on the family and
society when they become adults.
The rules
proposed for readoption with amendments will have no impact on the agriculture
industry.
A regulatory
flexibility analysis is not required because the rules proposed for readoption
with amendments do not impose reporting, recordkeeping or other compliance
requirements on small businesses in accordance with N.J.S.A. 52:14B-16 et
seq. The rules proposed for readoption with
amendments reflect procedures, standards and services as they apply to and
benefit the education of Commission students that are blind and visually
impaired.
The Commission
does not anticipate that the rules proposed for readoption with amendments will
have any impact on the achievement of smart growth and the implementation of
the State Development and Redevelopment Plan.
Full text of the proposed
readoption may be found in the New Jersey Administrative Code at N.J.A.C.
10:92.
Full text of the
proposed amendments follows (additions indicated in boldface thus;
deletions indicated in brackets [thus]):
10:92-1.1 Purpose
and scope
(a) (No change.)
(b) The itinerant education services program (reimbursement) facilitates the
inclusion of children that are blind or visually impaired in the least
restrictive, most appropriate, educational setting. For school aged students (aged three to 21
years), these services are provided in collaboration with local school
districts through provider service agreements.
The Appropriations Act for the [1997-98] 2002-03 fiscal year
directs the State Department of Education to deduct each district’s
reimbursement to the Commission from its State aid payments.
(c) Specialized services are provided
to infants and toddlers (aged Birth to three years), who are blind or visually
impaired, as well as to their families, in partnership with the Department of
Health and Senior Services through an early intervention subgrant. (By law, school districts are not responsible
for children under age three, in accordance with N.J.A.C. [
(d) Specialized services are provided
to [very severely multi-handicapped blind and visually impaired school aged
children who are not covered by reimbursement, such as day training eligible
students, children in Department of Human Services programs or facilities and
students attending a school for the blind.] school aged children who have
significant multiple disabilities, who are blind or visually impaired, and who
are not covered by reimbursement. These
children include those who are enrolled in the Department of Human Services
Campus Schools and those who are educated in their homes due to conditions that
cause them to be medically frail.
10:92-1.2 Definitions
The
following words and terms, when used in this chapter, shall have the following
meanings, unless the text clearly indicates otherwise.
“Braille”
means a system of raised dots used to enable [blind] persons who are blind
to read by touch.
“Compensatory
skills” mean those techniques needed by individuals who are blind to complete
academic program requirements. They
include, but are not limited to, braille reading and writing, aural reading,
organization, and personal advocacy.
“Functional
vision assessment” means an evaluation, conducted by a certified teacher of
the blind and partially sighted, used to determine the modifications needed
to maximize a student’s visual efficiency in the education program.
“Least
restrictive” means that, to the maximum extent appropriate, a student [who is
blind or visually impaired is educated with children who have similar learning
needs, but who do not have visual impairments] with a disability is educated
with students who are not disabled.
“Visually impaired” means [visual acuity that may range from 20/70 to
20/200 in the better eye with correction] central visual acuity that does
not exceed 20/70 in the better eye with correction and/or fields of vision that
are so limited that the widest diameter of visual field subtends an angle no
greater than 40 degrees or field cuts caused by hemianopsia.
10:92-2.1
Eligibility determination
(a) (No change)
(b) Eligibility for education services shall based on the following
criteria:
1.
Children whose [best corrected
visual acuity is 20/70 or less in the better and children with severe visual
field defects are eligible for education services] central visual acuity
does not exceed 20/70 in the better eye with correction and/or fields of vision
that are so limited that the widest diameter of visual field subtends an angle
no greater than 40 degrees or field cuts caused by hemianopsia.
2.
(No change.)
3.
Children must meet the residency
requirements set forth in N.J.A.C. 10:91-[2.5] 2.6.
4.
Children who meet the Commission’s
visual eligibility standard need not be classified [“educationally
handicapped”] “eligible for special education” by their local
board of education to be eligible for Commission services.
(c) [The Commission] As a condition of continued eligibility, the
Commission [may] shall require within 90 days of parental
notification, updated eye information [on a periodic basis] every three
years or when there is evidence of a change in visual function.
10:92-3.1
Provider service agreements (reimbursement)
(a) (No change)
(b) As appropriate, Level I Services may be provided in any of
the following areas, based upon individual student need, as determined by the
Commission instructor. These services
shall be provided by a Certified Teacher of the Blind and Partially Sighted and
could require up to eight contacts per school years. The fee for Level 1 Services is [$920.00] $1,035. Level I Services are:
1.-2. (No change.)
3. The itinerant instructor shall provide [counseling] consultation
to students regarding [adjustment to] their visual impairment and its
educational implications in order to enhance their participation in
the educational process.
4. (No change.)
(c) In the Level II Services category, as appropriate, services
may be provided in any of the following areas, based upon individual student
need, as determined by the Commission instructor. In addition, students shall be eligible for
all services outlined in the Level I Services category. These services shall be provided by a
Certified Teacher of the Blind and Partially Sighted and should require between
nine and 30 contacts, per school year.
The fee for Level II Services is [$1,790] $3,450. Level II Services are:
1. This service category may be necessary for [blind students] braille users who have already
learned braille reading and writing and may need intermittent short-term
instruction. This shall also support
their participation in higher-level subject areas such as Nemeth Code for
mathematics and science.
2. This service category may be necessary for students with
moderate to severe vision loss. Many
students [classified] who are legally blind [because their visual
acuity is 20/200 or less] need services that include assessment and
selection of the most appropriate learning media that shall meet the literacy
needs of the student [who is visually impaired]. [Depending on the student’s visual acuity and
level of functioning, this may be regular print, large print, a closed circuit
reading system (CCTV), or visual stimulation.] In addition, this level may
be used for compensatory skills instruction.
3. (No change.)
(d) The Level III Services category will be necessary for a
student for whom highly specialized media, such as braille, have been
determined to be the appropriate learning medium. In this service category, as appropriate,
services may be provided in any of the following areas, based upon individual
student needs, as determined by the Commission instructor. In addition, students will be eligible for
all services outlined in the Level I and Level II services categories. A Certified Teacher of the Blind and
Partially Sighted will provide a minimum of two contacts per week. The fee for Level III Services is [$6,290] $10,280. Level III Services are:
1. Instruction in braille [reading] skills; and
2. [Instruction is Braille writing, using the brailler, slate and stylus,
and] Instruction in additional compensatory skills
3. [Instruction is specialized Braille codes for mathematics and science.]
(e) (No change)
(f) (No change)
(g) Following the end of the academic year, the Commission shall [distribute
a student report to each school district and parent] compose a report of
services provided to each student.
These reports shall be distributed to each student’s school district
and parent and shall furnish information regarding contact dates,
instruction, technical assistance, materials, equipment, and services that were
provided during the academic year.
(h) The Commission shall compose instructional assignments based on
geography, staffing, and the itinerant nature of the education services
program.
(i) Service contracts shall be offered to local school districts based on
the individual instructional needs of students as assessed by the Commission.
10:92-3.3 Services to students [who are multi-handicapped, blind and
visually impaired] with multiple disabilities including blindness or visual
impairment
(a) The Commission shall provide specialized services to eligible school
aged children [who are very severely multi-handicapped] with very severe
multiple disabilities and who are not covered by reimbursement as defined
in N.J.A.C. 10:92-1.1(d). Services
[shall] may include:
1.-3. (No change)
(b) (No change.)
10:92-3.4 Financial need standard
The financial need
standard as set forth in N.J.A.C. 10:91-[3]3.3 shall apply to education
clients.
10:92-4.4 Provision of braille materials
(a)
The
(b)
(No change.)
10:92-4.5 Provision of large print textbooks and materials
Textbooks and other
instructional materials, in adapted print size, may be provided to students
[who are unable to read regular print efficiently, after their best possible
correction] as assessed by the Commission instructor.
10:92-4.6 Provision of taped textbooks
Education students are
eligible to receive services from Recordings for the Blind and Dyslexic
(RFB&D). The Commission shall
authorize payment of the registration and service fees for school age education
students. After registration, [students
shall be responsible for ordering] taped textbooks may be ordered directly
from:
Recordings for the
Blind and Dyslexic
Telephone: 609-452-0606
800-221-4792
10:92-5.1 Additional services
(a) In addition to services specified in N.J.A.C. 10:92-3 and 4, the
following shall be made available to eligible children subject to the
availability of funds:
1. (No change)
2. Physical education/recreation[,] in-service training [(workshops)];
3.-5. (No change.)
10:
(a) (No change)
(b) The local board of education is legally responsible for the student’s
special education costs, tuition, and room and board, under the provisions of
N.J.A.C. [6:28-7.4] 6A:14.
_____________________________
Gwendolyn L. Harris, Commissioner
_____________________________
Date