HB1099: HB1099 Blind Persons' Braille Literacy Rights and Education Act; enact

26 LC 61 0311 House Bill 1099 By: Representatives Flournoy of the 74th, Reese of the 140th, Howard of the 129th, Adeyina of the 110th, and Dawson of the 65th A BILL TO BE ENTITLED AN ACT To amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Of ficial Code of Georgia1 Annotated, relating to educational programs in elementary and secondary education, so as2 to enact the "Blind Persons' Braille Literacy Rights and Educat ion Act"; to provide3 definitions; to require an evaluation of a blind or visually impaired student to determine such4 student's need for Braille instruction; to require Braille inst ruction in the Individualized5 Education Program of a blind or visually impaired student as ap propriate; to provide6 additional requirements for the Individualized Education Progra m of a blind or visually7 impaired student; to provide requirements for textbook publishe rs relating to electronic8 materials; to provide license requirements relating to Braille for certain teachers; to provide9 for related matters; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Co de of Georgia Annotated,13 relating to educational programs in elementary and secondary ed ucation, is amended by14 adding a new Code section to read as follows: 15 H. B. 1099 - 1 - 26 LC 61 0311 "20-2-152.3.16 (a) This Code section shall be known and may be cited as the ' Blind Persons' Braille17 Literacy Rights and Education Act.'18 (b) As used in this Code section, the term:19 (1) 'Blind or visually impaired student' means an individual who is eligible for special20 education services pursuant to Code Section 20-2-152 and the federal Individuals with21 Disabilities Education Act, 20 U.S.C. Section 1400, et seq., and:22 (A) Has a visual acuity of 20/200 or less in the stronger eye with correcting lenses;23 (B) Has a limited field of vision such that the widest diamete r subtends an angular24 distance of no greater than 20 degrees; or25 (C) Has a medically indicated expectation of visual deterioration.26 (2) 'Braille' means the system of reading and writing through touch and includes what27 is commonly known as standard English Braille or Unified English Braille Code and the28 Nemeth Code for Mathematics and Science Notation.29 (3) 'Individualized Education Program' or 'IEP' shall have the same meaning as provided30 in Section 614(d) of the federal Individuals with Disabilities Education Act, 20 U.S.C.31 Section 1414(d).32 (4) 'Textbooks or other instructional materials' means any literary or nonliterary works33 obtained for use in a course of study, including texts in electronic media.34 (c) Public schools in this state shall be authorized to provide Braille instruction for blind35 or visually impaired students.36 (d) In developing the Individualized Education Program for a blind or visually impaired37 student, provisions shall be made for instruction in Braille an d the use of Braille except38 when the student's IEP team expressly determines that such instruction is not appropriate39 for the student based on the outcome of an evaluation of the student's current reading and40 writing skills and specific needs using appropriate reading and writing media and of the41 student's need for instruction in Braille or the use of Braille, as provided in paragraph (6)42 H. B. 1099 - 2 - 26 LC 61 0311 of subsection (e) of this Code section. Such evaluation shall be conducted by a teacher43 with a special education visual impairment endorsement from the Professional Standards44 Commission. Nothing in this Code section shall be construed to require instruction in45 Braille or the use of Braille if other special education services are appropriate to the blind46 or visually impaired student's educational needs. The provisio n of other appropriate47 services shall not preclude instruction in Braille or the use of Braille.48 (e) The instruction in Braille reading and writing included in a blind or visually impaired49 student's Individualized Education Program shall be sufficient to enable such student to50 communicate effectively and efficiently with the same level of proficiency expected of the51 student's peers of comparable ability and grade level. Each such Individualized Education52 Program shall include:53 (1) The outcomes obtained from the evaluation required under s ubsection (d) of this54 Code section;55 (2) How Braille will be implemented as the primary mode for le arning through56 integration with other classroom activities unless other specia l education services are57 appropriate to the student's educational needs;58 (3) The date on which Braille instruction will commence unless other special education59 services are appropriate to the student's educational needs;60 (4) The length of the period of instruction and the frequency and duration of each61 instructional session; 62 (5) The level of competency in Braille reading and writing to be achieved by the student63 by the end of a designated period of time and the objective ass essment measures to be64 used to determine the level of competency; and65 (6) For each blind or visually impaired student for whom Brail le instruction is not66 indicated following the evaluation required in subsection (d) of this Code section:67 (A) A statement that the decision by such student's IEP team to not include Braille68 instruction in his or her Individualized Education Program was reached after a review69 H. B. 1099 - 3 - 26 LC 61 0311 of currently relevant literature addressing the use of Braille instruction with blind or70 visually impaired students; 71 (B) A statement that the absence of Braille instruction will not impair such student's72 ability to read and write effectively; and73 (C) A statement of the evidence relied upon by the IEP team to determine that such74 student's ability to read and write effectively without Braille instruction will not be75 impaired.76 (f) No local board of education or other public school governi ng body shall purchase a77 textbook or other instructional materials unless such textbook or other instructional78 materials includes an electronic version in which the content is encoded in text suitable for79 conversion into Braille or synthesized speech and has been prep ared using a markup80 language which maintains the formatting of the information and can be processed by81 Braille translation software.82 (g) On and after July 1, 2026, the Professional Standards Commission shall not issue or83 renew a special education visual impairment endorsement unless the educator has, as part84 of his or her standard renewal requirements:85 (1) Completed a course in Braille instruction approved by the commission;86 (2) Demonstrated competence in reading and writing Braille by holding a nationally87 recognized certificate in Braille approved by the commission; or88 (3) Passed a test in Braille approved by the commission."89 SECTION 2.90 All laws and parts of laws in conflict with this Act are repealed.91 H. 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