07 LC 33
1977ER
House
Bill 652
By:
Representatives Manning of the
32nd
and Reece of the
11th
A
BILL TO BE ENTITLED
AN ACT
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, so as to enact the 'Blind
Persons' Braille Literacy Rights and Education Act'; to provide definitions; to
require Braille instruction in the individualized education program of a student
who is a blind or visually impaired child; to provide requirements for the
individualized education program; to provide requirements for textbook
publishers; to provide 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, is amended by adding a new Code
section to read as follows:
"20-2-152.1.
(a)
This Code section 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 child' means an individual who 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.A. Section 1400, et seq.
and who:
(A)
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
(B)
Has a medically indicated expectation of visual deterioration.
(2)
'Braille' means the system of reading and writing through touch commonly known
as standard English Braille.
(3)
'Individualized education program' and 'IEP team' have the meanings contained in
section 614(d) of the federal Individuals with Disabilities Education Act, 20
U.S.C.A. 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)
In developing the individualized education program for a student who is a blind
or visually impaired child, provision shall be made for instruction in Braille
and the use of Braille based on the outcome of an evaluation by a certified
Braille teacher. Such evaluation shall include the child´s reading and
writing skills, his or her specific needs, and appropriate reading and writing
media, and an evaluation of the child´s future need for instruction in
Braille or the use of Braille. Nothing in this Code section shall be construed
to require the exclusive use of Braille if other special education services are
appropriate to the child´s educational needs. The provision of other
appropriate services shall not preclude Braille use or instruction.
(d)
The instruction in Braille reading and writing included in the individualized
education program shall be sufficient to enable each blind or visually impaired
child to communicate effectively and efficiently with the same level of
proficiency expected of the child´s peers of comparable ability and grade
level who communicate with print and pencil. The child´s individualized
education program shall specify:
(1)
The outcomes obtained from the evaluation required under subsection (c) of this
Code 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; and
(6)
If Braille is not included because other special education services are deemed
more appropriate to the child´s educational needs, as determined pursuant
to subsection (c) of this Code section, then a statement shall be included that
the decision was reached after a review of pertinent literature describing the
educational benefits of Braille instruction and use and specifying the evidence
used to determine that the child´s ability to read and write effectively
without special education services is not impaired.
(e)
All publishers of textbooks and other instructional materials sold to this
state, including postsecondary institutions, or to any local board of education
shall be required to furnish an electronic version in which the content is
encoded in text suitable for conversion into Braille and synthesized speech,
which has been prepared using a markup language which maintains the structural
integrity of the information, and which can be processed by Braille translation
software.
(f)
The Professional Standards Commission shall not issue or renew a license to
teach blind or visually impaired children unless the applicant demonstrates
competence in reading and writing Braille by maintaining current certification
by the National Library Service for the Blind and Physically Handicapped,
Library of Congress, or by another nationally recognized institution designed to
measure competence in reading and writing Braille, as determined by the
commission."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.