Report Title:

Blind Persons' Literacy Rights and Education Act

Description:

Ensures that every blind or visually-impaired child is instructed in Braille, if deemed appropriate to the child's current and future needs.

HOUSE OF REPRESENTATIVES

H.B. NO.

1839

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO EDUCATION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that it is crucial to ensure that each blind or visually impaired child has the right to learn to read. This right includes provisions for instruction in braille and the use of braille appropriate to the child's current and future literacy needs.

At least thirty-three states have already adopted braille literacy bills. Although legislation has been passed in various forms, most were based on a model prepared by the National Federation of the Blind. Two states passed their own versions of braille literacy legislation, but later amended them to conform to the National Federation of the Blind model. The bill that follows is based on this same model.

The purpose of this Act is to:

(1) Establish standards of braille proficiency and instruction;

(2) Require materials to be provided in a computer-accessible format capable of braille reproduction; and

(3) Require the certification and recertification of teachers in accordance with braille literacy standards.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Braille instruction

§302A- Definitions. As used in this part, unless the context otherwise requires:

"Blind or visually impaired child" means an individual who is eligible for special education services and who:

(1) Has a visual acuity of 20/200 or less in the better eye with correcting lenses, or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees; or

(2) Has a medically indicated expectation of visual deterioration.

"Braille" means the system of reading and writing through touch commonly known as standard English braille.

"Individualized education program" and "IEP team" have the meanings provided in section 614(d) of the Individuals with Disabilities Education Act, 20 U.S.C., section 1414(d).

"Textbooks and other instructional materials" means any literary or nonliterary works obtained for use in a course of study.

§302A- Braille instruction. In developing the individualized education program for a child who is blind or visually impaired, provisions shall be made for instruction in braille and the use of braille unless the IEP team determines after an evaluation of the child's reading and writing skills, needs, and a determination of an appropriate reading and writing medium for the child, including an evaluation of the child's future needs for instruction in braille or the use of braille, that such instruction or use is not appropriate for the child. Nothing in this section shall be construed to require the exclusive use of braille if other special education services are appropriate to the child's education needs. The provision of other appropriate services shall not preclude braille use or instruction. If a decision has been made during evaluations conducted pursuant to this section that braille instruction is not required for the child, the following shall be provided:

(1) A statement that the decision was reached after a review of pertinent literature describing the educational benefits of braille instruction and use; and

(2) A specification of the evidence used to determine that the child's ability to read and write effectively without special education braille instruction is not impaired.

§302A- Standards of competency and instruction. Instruction in braille reading and writing shall be sufficient to enable each blind or visually impaired child to communicate effectively and efficiently with the same level of proficiency as is expected of the child's peers of comparable ability and grade level. The child's individualized education program shall include or incorporate:

(1) The results obtained from evaluations required under this part;

(2) The manner in which 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 instruction session; and

(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.

§302A- Instructional materials. (a) All publishers of textbooks or other instructional materials sold to the State or any local education agency, including post-secondary education institutions, shall furnish an electronic version in which the content:

(1) Is encoded in text suitable for conversion into braille or synthesized speech; and

(2) Has been prepared using a markup language that maintains the structural integrity of the information and can be processed by braille translation software.

(b) This section shall not apply to publishers of textbooks and instructional materials written in the Hawaiian language.

§302A- Teacher certification. As part of the certification and renewal process, teachers certified in the instruction of blind and visually impaired children shall be required to demonstrate competence in reading and writing braille. The state agency responsible for such teachers may not issue or renew a license to teach the visually impaired unless the applicant demonstrates, based on standards adopted by the National Library Service of the Blind and Physically Handicapped of the Library of Congress, that the applicant is proficient in reading and writing braille."

SECTION 3. Section 302A-442.5, Hawaii Revised Statutes, is repealed.

["§302A-442.5 Instructional materials; exceptional children. (a) Whenever used in this section, unless a different meaning clearly appears from the context:

"Braille" means the system of reading and writing through touch commonly known as standard English braille.

(b) All publishers of textbooks and instructional materials sold to the State or any public school shall furnish computer diskettes for literary subjects in the American Standard Code for Information Interchange from which braille versions can be produced. Publishers shall also furnish computer diskettes in American Standard Code for Information Interchange for nonliterary subjects including natural sciences, computer science, mathematics, and music when braille specialty code translation software is available.

(c) This section shall not apply to publishers of textbooks and instructional materials written in the Hawaiian language."]

SECTION 4. Statutory material to be repealed is bracketed and stricken.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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