25 LC 61 0113 Senate Bill 133 By: Senators Davenport of the 17th, Sims of the 12th, Jones II of the 22nd, Mangham of the 55th, Anderson of the 43rd and others A BILL TO BE ENTITLED AN ACT To amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia 1 Annotated, relating to educational programs in elementary and secondary education, so as2 to enact the "Blind Persons' Braille Literacy Rights and Education 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 instruction in the individualized5 education program of a blind or visually impaired student as appropriate; to provide6 additional requirements for the individualized education program of a blind or visually7 impaired student; to provide for textbook publishers relating to electronic materials; to8 provide license requirements relating to Braille for certain teachers; to provide for related9 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 Code of Georgia Annotated,13 relating to educational programs in elementary and secondary education, is amended by14 adding a new Code section to read as follows: 15 S. B. 133 - 1 - 25 LC 61 0113 "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) For purposes of this Code section, the term:19 (1) 'Blind or visually impaired student' means a child or youth who:20 (A) Is eligible for special education services pursuant to Code Section 20-2-152 and21 the federal Individuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq.;22 and23 (B)(i) Has a visual acuity of 20/200 or less in the stronger eye with correcting lenses24 or has a limited field of vision such that the widest diameter subtends an angular25 distance of no greater than 20 degrees; or26 (ii) Has a medically indicated expectation of visual deterioration.27 (2) 'Braille' means the system of reading and writing through touch and includes what28 is commonly known as standard English Braille or Unified English Braille Code and the29 Nemeth Code for Mathematics and Science Notation.30 (3) 'Individualized education program' or 'IEP' shall have the same meaning as provided31 in Section 614(d) of the federal Individuals with Disabilities Education Act, 20 U.S.C.32 Section 1414(d).33 (4) 'Textbooks and other instructional materials' means any literary or nonliterary works34 obtained for use in a course of study, including texts in electronic media.35 (c) Public schools in this state shall be authorized to provide Braille instruction for blind36 or visually impaired students.37 (d) In developing the individualized education program for a blind or visually impaired38 student, provisions shall be made for instruction in Braille and the use of Braille except39 when the student's IEP team expressly determines that such instruction is not appropriate40 for the student based on the outcome of an evaluation of the student's current reading and41 writing skills and specific needs using appropriate reading and writing media and of the42 S. B. 133 - 2 - 25 LC 61 0113 student's need for instruction in Braille or the use of Braille, as provided in paragraph (6)43 of subsection (e) of this Code section. Such evaluation shall be conducted by a teacher44 certified by the Professional Standards Commission as a special education visual45 impairments program teacher. Nothing in this Code section shall be construed to require46 instruction in Braille or the use of Braille if other special education services are appropriate47 to the blind or visually impaired student's educational needs. The provision of other48 appropriate services shall not preclude instruction in Braille or the use of Braille.49 (e) The instruction in Braille reading and writing included in a blind or visually impaired50 student's individualized education program shall be sufficient to enable such student to51 communicate effectively and efficiently with the same level of proficiency expected of the52 student's peers of comparable ability and grade level. Each such individualized education53 program shall include:54 (1) The outcomes obtained from the evaluation required under subsection (d) of this55 Code section;56 (2) How Braille will be implemented as the primary mode for learning through57 integration with other classroom activities unless other special education services are58 appropriate to the student's educational needs;59 (3) The date on which Braille instruction will commence unless other special education60 services are appropriate to the student's educational needs;61 (4) The length of the period of instruction and the frequency and duration of each62 instructional session; 63 (5) The level of competency in Braille reading and writing to be achieved by the student64 by the end of a designated period of time and the objective assessment measures to be65 used to determine the level of competency; and66 (6) For each blind or visually impaired student for whom Braille instruction is not67 indicated following the evaluation required in subsection (d) of this Code section:68 S. B. 133 - 3 - 25 LC 61 0113 (A) A statement that the decision by such student's IEP team to not include Braille69 instruction in his or her individualized education program was reached after a review70 of currently relevant literature addressing the use Braille instruction with blind and71 visually impaired students; 72 (B) A statement that the absence of Braille instruction will not impair such student's73 ability to read and write effectively; and74 (C) A statement of the evidence relied upon by the IEP team to determine that such75 student's ability to read and write effectively without Braille instruction will not be76 impaired.77 (f) All publishers of textbooks and other instructional materials sold to the state or to any78 local board of education in this state shall furnish an electronic version in which the content79 is encoded in text suitable for conversion into Braille or synthesized speech and has been80 prepared using a markup language which maintains the formatting of the information and81 can be processed by Braille translation software.82 (g) On and after July 1, 2025, the Professional Standards Commission shall not issue or83 renew a license to teach academic instruction to blind or visually impaired students unless84 the educator has, as part 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 S. 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