POPUP IEP for BLINDNESS and VISUAL IMPAIRMENT

Section 300.2(b)(2) Applicability of this part to State and local agencies.
(b) Public agencies within the State. The provisions of this part--

(2) Are binding on each public agency in the State that provides special education and related services to children with disabilities, regardless of whether that agency is receiving funds under Part B of the Act.

Section 300.18(b)(1)(i)-(iii) Highly qualified special education teachers.
(b) Requirements for special education teachers in general. (1) When used with respect to any public elementary school or secondary school special education teacher teaching in a State, highly qualified requires that--

(i) The teacher has obtained full State certification as a special education teacher (including certification obtained through alternative routes to certification), or passed the State special education teacher licensing examination, and holds a license to teach in the State as a special education teacher, except that when used with respect to any teacher teaching in a public charter school, highly qualified means that the teacher meets the certification or licensing requirements, if any, set forth in the State's public charter school law;
(ii) The teacher has not had special education certification or licensure requirements waived on an emergency, temporary, or provisional basis; and
(iii) The teacher holds at least a bachelor's degree.

Section 601(c)(5)
Almost 30 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by—

(E) supporting high-quality, intensive…professional development for all personnel who work with children with disabilities in order to ensure that such personnel have the skills and knowledge necessary to improve the academic achievement and functional performance of children with disabilities…

Section 602 (9) FREE APPROPRIATE PUBLIC EDUCATION – The team … means special education services and related services that (B) Meet the standards of the State Educational agency; (D) are provided in conformity with the individualized education program required under section 614(d)

See Maryland court case, Aaron Richmond versus Calvert County Schools, August 5, 2002 (http //www.nfb.org/fr/fr8/frsf02.htm).

Pop-Up IEP

10. "We can’t get a certified teacher of students who are blind or visually impaired/orientation and mobility specialist (TVI/O&M) to come way out here!” or “Since our TVI/O&M has a large caseload, we can only provide _____ hours/minutes of services per week. "