Senate Bill 133
By: Senators Davenport of the 17th, Sims of the 12th, Jones II of the 22nd, Mangham of the
55th, Anderson of the 43rd and others
A BILL TO BE ENTITLED
AN ACT
To amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to educational programs in elementary and secondary education, so as
to enact the "Blind Persons' Braille Literacy Rights and Education Act"; to provide
definitions; to require an evaluation of a blind or visually impaired student to determine such
student's need for Braille instruction; to require Braille instruction in the individualized
education program of a blind or visually impaired student as appropriate; to provide
additional requirements for the individualized education program of a blind or visually
impaired student; to provide for textbook publishers relating to electronic materials; to
provide license requirements relating to Braille for certain teachers; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,
relating to educational programs in elementary and secondary education, is amended by
adding a new Code section to read as follows:
<ins>"20-2-152.3.
(a) This Code section shall be known and may be cited as the 'Blind Persons' Braille
Literacy Rights and Education Act.'
(b) For purposes of this Code section, the term:
(1) 'Blind or visually impaired student' means a child or youth who:
(A) Is eligible for special education services pursuant to Code Section 20-2-152 and
the federal Individuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq.;
and
(B)(i) Has a visual acuity of 20/200 or less in the stronger 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
(ii) Has a medically indicated expectation of visual deterioration.
(2) 'Braille' means the system of reading and writing through touch and includes what
is commonly known as standard English Braille or Unified English Braille Code and the
Nemeth Code for Mathematics and Science Notation.
(3) 'Individualized education program' or 'IEP' shall have the same meaning as provided
in Section 614(d) of the federal Individuals with Disabilities Education Act, 20 U.S.C.
Section 1414(d).
(4) 'Textbooks and other instructional materials' means any literary or nonliterary works
obtained for use in a course of study, including texts in electronic media.
(c) Public schools in this state shall be authorized to provide Braille instruction for blind
or visually impaired students.
(d) In developing the individualized education program for a blind or visually impaired
student, provisions shall be made for instruction in Braille and the use of Braille except
when the student's IEP team expressly determines that such instruction is not appropriate
for the student based on the outcome of an evaluation of the student's current reading and
writing skills and specific needs using appropriate reading and writing media and of the
</ins>
<ins>student's need for instruction in Braille or the use of Braille, as provided in paragraph (6)
of subsection (e) of this Code section. Such evaluation shall be conducted by a teacher
certified by the Professional Standards Commission as a special education visual
impairments program teacher. Nothing in this Code section shall be construed to require
instruction in Braille or the use of Braille if other special education services are appropriate
to the blind or visually impaired student's educational needs. The provision of other
appropriate services shall not preclude instruction in Braille or the use of Braille.
(e) The instruction in Braille reading and writing included in a blind or visually impaired
student's individualized education program shall be sufficient to enable such student to
communicate effectively and efficiently with the same level of proficiency expected of the
student's peers of comparable ability and grade level. Each such individualized education
program shall include:
(1) The outcomes obtained from the evaluation required under subsection (d) of this
Code section;
(2) How Braille will be implemented as the primary mode for learning through
integration with other classroom activities unless other special education services are
appropriate to the student's educational needs;
(3) The date on which Braille instruction will commence unless other special education
services are appropriate to the student's educational needs;
(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 student
by the end of a designated period of time and the objective assessment measures to be
used to determine the level of competency; and
(6) For each blind or visually impaired student for whom Braille instruction is not
indicated following the evaluation required in subsection (d) of this Code section:
</ins>
<ins>(A) A statement that the decision by such student's IEP team to not include Braille
instruction in his or her individualized education program was reached after a review
of currently relevant literature addressing the use Braille instruction with blind and
visually impaired students;
(B) A statement that the absence of Braille instruction will not impair such student's
ability to read and write effectively; and
(C) A statement of the evidence relied upon by the IEP team to determine that such
student's ability to read and write effectively without Braille instruction will not be
impaired.
(f) All publishers of textbooks and other instructional materials sold to the state or to any
local board of education in this state shall furnish an electronic version in which the content
is encoded in text suitable for conversion into Braille or synthesized speech and has been
prepared using a markup language which maintains the formatting of the information and
can be processed by Braille translation software.
(g) On and after July 1, 2025, the Professional Standards Commission shall not issue or
renew a license to teach academic instruction to blind or visually impaired students unless
the educator has, as part of his or her standard renewal requirements:
(1) Completed a course in Braille instruction approved by the commission;
(2) Demonstrated competence in reading and writing Braille by holding a nationally
recognized certificate in Braille approved by the commission; or
(3) Passed a test in Braille approved by the commission."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.