Georgia 2023-2024 Regular Session

Georgia House Bill HB341 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	23 LC 49 1203
2	2	H. B. 341
3	3	- 1 -
4	4	House Bill 341
5	5	By: Representatives Scott of the 76
6	6	th
7	7	, Beverly of the 143
8	8	rd
9	9	, Schofield of the 63
10	10	rd
11	11	, and Davis
12	12	of the 87
13	13	th
14	14
15	15	A BILL TO BE ENTITLED
16	16	AN ACT
17	17	To amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
18	18	1
19	19	Annotated, relating to educational programs in elementary and secondary education, so as2
20	20	to enact the "Blind Persons' Braille Literacy Rights and Education Act"; to provide3
21	21	definitions; to require an evaluation of a blind or visually impaired student to determine such4
22	22	student's need for Braille instruction; to require Braille instruction in the individualized5
23	23	education program of a blind or visually impaired student as appropriate; to provide6
24	24	additional requirements for the individualized education program of a blind or visually7
25	25	impaired student; to provide for textbook publishers relating to electronic materials; to8
26	26	provide license requirements relating to Braille for certain teachers; to provide for related9
27	27	matters; to repeal conflicting laws; and for other purposes.10
28	28	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
29	29	SECTION 1.12
30	30	Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,13
31	31	relating to educational programs in elementary and secondary education, is amended by14
32	32	adding a new Code section to read as follows: 15 23 LC 49 1203
33	33	H. B. 341
34	34	- 2 -
35	35	"20-2-152.3.16
36	36	(a) This Code section shall be known and may be cited as the 'Blind Persons' Braille17
37	37	Literacy Rights and Education Act.'18
38	38	(b) For purposes of this Code section, the term:19
39	39	(1) 'Blind or visually impaired student' means a child or youth who:20
40	40	(A) Is eligible for special education services pursuant to Code Section 20-2-152 and21
41	41	the federal Individuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq.;22
42	42	and23
43	43	(B)(i) Has a visual acuity of 20/200 or less in the stronger eye with correcting lenses24
44	44	or has a limited field of vision such that the widest diameter subtends an angular25
45	45	distance of no greater than 20 degrees; or26
46	46	(ii) Has a medically indicated expectation of visual deterioration.27
47	47	(2) 'Braille' means the system of reading and writing through touch and includes what28
48	48	is commonly known as standard English Braille or Unified English Braille Code and the29
49	49	Nemeth Code for Mathematics and Science Notation.30
50	50	(3) 'Individualized education program' or 'IEP' shall have the same meaning as provided31
51	51	in Section 614(d) of the federal Individuals with Disabilities Education Act, 20 U.S.C.32
52	52	Section 1414(d).33
53	53	(4) 'Textbooks and other instructional materials' means any literary or nonliterary works34
54	54	obtained for use in a course of study, including texts in electronic media.35
55	55	(c) Public schools in this state shall be authorized to provide Braille instruction for blind36
56	56	or visually impaired students.37
57	57	(d) In developing the individualized education program for a blind or visually impaired38
58	58	student, provisions shall be made for instruction in Braille and the use of Braille except39
59	59	when the student's IEP team expressly determines that such instruction is not appropriate40
60	60	for the student based on the outcome of an evaluation of the student's current reading and41
61	61	writing skills and specific needs using appropriate reading and writing media and of the42 23 LC 49 1203
62	62	H. B. 341
63	63	- 3 -
64	64	student's need for instruction in Braille or the use of Braille, as provided in paragraph (6)43
65	65	of subsection (e) of this Code section. Such evaluation shall be conducted by a teacher44
66	66	certified by the Professional Standards Commission as a special education visual45
67	67	impairments program teacher. Nothing in this Code section shall be construed to require46
68	68	instruction in Braille or the use of Braille if other special education services are appropriate47
69	69	to the blind or visually impaired student's educational needs. The provision of other48
70	70	appropriate services shall not preclude instruction in Braille or the use of Braille.49
71	71	(e) The instruction in Braille reading and writing included in a blind or visually impaired50
72	72	student's individualized education program shall be sufficient to enable such student to51
73	73	communicate effectively and efficiently with the same level of proficiency expected of the52
74	74	student's peers of comparable ability and grade level. Each such individualized education53
75	75	program shall include:54
76	76	(1) The outcomes obtained from the evaluation required under subsection (d) of this55
77	77	Code section;56
78	78	(2) How Braille will be implemented as the primary mode for learning through57
79	79	integration with other classroom activities unless other special education services are58
80	80	appropriate to the student's educational needs;59
81	81	(3) The date on which Braille instruction will commence unless other special education60
82	82	services are appropriate to the student's educational needs;61
83	83	(4) The length of the period of instruction and the frequency and duration of each62
84	84	instructional session; 63
85	85	(5) The level of competency in Braille reading and writing to be achieved by the student64
86	86	by the end of a designated period of time and the objective assessment measures to be65
87	87	used to determine the level of competency; and66
88	88	(6) For each blind or visually impaired student for whom Braille instruction is not67
89	89	indicated following the evaluation required in subsection (d) of this Code section:68 23 LC 49 1203
90	90	H. B. 341
91	91	- 4 -
92	92	(A) A statement that the decision by such student's IEP team to not include Braille69
93	93	instruction in his or her individualized education program was reached after a review70
94	94	of currently relevant literature addressing the use Braille instruction with blind and71
95	95	visually impaired students; 72
96	96	(B) A statement that the absence of Braille instruction will not impair such student's73
97	97	ability to read and write effectively; and74
98	98	(C) A statement of the evidence relied upon by the IEP team to determine that such75
99	99	student's ability to read and write effectively without Braille instruction will not be76
100	100	impaired.77
101	101	(f) All publishers of textbooks and other instructional materials sold to the state or to any78
102	102	local board of education in this state shall furnish an electronic version in which the content79
103	103	is encoded in text suitable for conversion into Braille or synthesized speech and has been80
104	104	prepared using a markup language which maintains the formatting of the information and81
105	105	can be processed by Braille translation software.82
106	106	(g) On and after July 1, 2023, the Professional Standards Commission shall not issue or83
107	107	renew a license to teach academic instruction to blind or visually impaired students unless84
108	108	the educator has, as part of his or her standard renewal requirements:85
109	109	(1) Completed a course in Braille instruction approved by the commission;86
110	110	(2) Demonstrated competence in reading and writing Braille by holding a nationally87
111	111	recognized certificate in Braille approved by the commission; or88
112	112	(3) Passed a test in Braille approved by the commission."89
113	113	SECTION 2.90
114	114	All laws and parts of laws in conflict with this Act are repealed.91