Georgia 2023-2024 Regular Session

Georgia Senate Bill SB4 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		23 LC 49 1121
2	2		S. B. 4
3	3		- 1 -
4	4		Senate Bill 4
5	5		By: Senators Davenport of the 44th, Sims of the 12th, Tate of the 38th, Butler of the 55th,
6	6		Harbison of the 15th and others
7		-	AS PASSED SENATE
8	7		A BILL TO BE ENTITLED
9	8		AN ACT
10	9		To amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
11	10		1
12	11		Annotated, relating to educational programs in elementary and secondary education, so as2
13	12		to enact the "Blind Persons' Braille Literacy Rights and Education Act"; to provide3
14	13		definitions; to require an evaluation of a blind or visually impaired student to determine such4
15	14		student's need for Braille instruction; to require Braille instruction in the individualized5
16	15		education program of a blind or visually impaired student as appropriate; to provide6
17	16		additional requirements for the individualized education program of a blind or visually7
18	17		impaired student; to provide for textbook publishers relating to electronic materials; to8
19	18		provide license requirements relating to Braille for certain teachers; to provide for related9
20	19		matters; to repeal conflicting laws; and for other purposes.10
21	20		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
22	21		SECTION 1.12
23	22		Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,13
24	23		relating to educational programs in elementary and secondary education, is amended by14
25	24		adding a new Code section to read as follows: 15 23 LC 49 1121
26	25		S. B. 4
27	26		- 2 -
28	27		"20-2-152.3.16
29	28		(a) This Code section shall be known and may be cited as the 'Blind Persons' Braille17
30	29		Literacy Rights and Education Act.'18
31	30		(b) For purposes of this Code section, the term:19
32	31		(1) 'Blind or visually impaired student' means a child or youth who:20
33	32		(A) Is eligible for special education services pursuant to Code Section 20-2-152 and21
34	33		the federal Individuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq.;22
35	34		and23
36	35		(B)(i) Has a visual acuity of 20/200 or less in the stronger eye with correcting lenses24
37	36		or has a limited field of vision such that the widest diameter subtends an angular25
38	37		distance of no greater than 20 degrees; or26
39	38		(ii) Has a medically indicated expectation of visual deterioration.27
40	39		(2) 'Braille' means the system of reading and writing through touch and includes what28
41	40		is commonly known as standard English Braille or Unified English Braille Code and the29
42	41		Nemeth Code for Mathematics and Science Notation.30
43	42		(3) 'Individualized education program' or 'IEP' shall have the same meaning as provided31
44	43		in Section 614(d) of the federal Individuals with Disabilities Education Act, 20 U.S.C.32
45	44		Section 1414(d).33
46	45		(4) 'Textbooks and other instructional materials' means any literary or nonliterary works34
47	46		obtained for use in a course of study, including texts in electronic media.35
48	47		(c) Public schools in this state shall be authorized to provide Braille instruction for blind36
49	48		or visually impaired students.37
50	49		(d) In developing the individualized education program for a blind or visually impaired38
51	50		student, provisions shall be made for instruction in Braille and the use of Braille except39
52	51		when the student's IEP team expressly determines that such instruction is not appropriate40
53	52		for the student based on the outcome of an evaluation of the student's current reading and41
54	53		writing skills and specific needs using appropriate reading and writing media and of the42 23 LC 49 1121
55	54		S. B. 4
56	55		- 3 -
57	56		student's need for instruction in Braille or the use of Braille, as provided in paragraph (6)43
58	57		of subsection (e) of this Code section. Such evaluation shall be conducted by a teacher44
59	58		certified by the Professional Standards Commission as a special education visual45
60	59		impairments program teacher. Nothing in this Code section shall be construed to require46
61	60		instruction in Braille or the use of Braille if other special education services are appropriate47
62	61		to the blind or visually impaired student's educational needs. The provision of other48
63	62		appropriate services shall not preclude instruction in Braille or the use of Braille.49
64	63		(e) The instruction in Braille reading and writing included in a blind or visually impaired50
65	64		student's individualized education program shall be sufficient to enable such student to51
66	65		communicate effectively and efficiently with the same level of proficiency expected of the52
67	66		student's peers of comparable ability and grade level. Each such individualized education53
68	67		program shall include:54
69	68		(1) The outcomes obtained from the evaluation required under subsection (d) of this55
70	69		Code section;56
71	70		(2) How Braille will be implemented as the primary mode for learning through57
72	71		integration with other classroom activities unless other special education services are58
73	72		appropriate to the student's educational needs;59
74	73		(3) The date on which Braille instruction will commence unless other special education60
75	74		services are appropriate to the student's educational needs;61
76	75		(4) The length of the period of instruction and the frequency and duration of each62
77	76		instructional session; 63
78	77		(5) The level of competency in Braille reading and writing to be achieved by the student64
79	78		by the end of a designated period of time and the objective assessment measures to be65
80	79		used to determine the level of competency; and66
81	80		(6) For each blind or visually impaired student for whom Braille instruction is not67
82	81		indicated following the evaluation required in subsection (d) of this Code section:68 23 LC 49 1121
83	82		S. B. 4
84	83		- 4 -
85	84		(A) A statement that the decision by such student's IEP team to not include Braille69
86	85		instruction in his or her individualized education program was reached after a review70
87	86		of currently relevant literature addressing the use Braille instruction with blind and71
88	87		visually impaired students; 72
89	88		(B) A statement that the absence of Braille instruction will not impair such student's73
90	89		ability to read and write effectively; and74
91	90		(C) A statement of the evidence relied upon by the IEP team to determine that such75
92	91		student's ability to read and write effectively without Braille instruction will not be76
93	92		impaired.77
94	93		(f) All publishers of textbooks and other instructional materials sold to the state or to any78
95	94		local board of education in this state shall furnish an electronic version in which the content79
96	95		is encoded in text suitable for conversion into Braille or synthesized speech and has been80
97	96		prepared using a markup language which maintains the formatting of the information and81
98	97		can be processed by Braille translation software.82
99	98		(g) On and after July 1, 2023, the Professional Standards Commission shall not issue or83
100	99		renew a license to teach academic instruction to blind or visually impaired students unless84
101	100		the educator has, as part of his or her standard renewal requirements:85
102	101		(1) Completed a course in Braille instruction approved by the commission;86
103	102		(2) Demonstrated competence in reading and writing Braille by holding a nationally87
104	103		recognized certificate in Braille approved by the commission; or88
105	104		(3) Passed a test in Braille approved by the commission."89
106	105		SECTION 2.90
107	106		All laws and parts of laws in conflict with this Act are repealed.91