1 | 1 | | 25 LC 61 0113 |
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2 | 2 | | Senate Bill 133 |
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3 | 3 | | By: Senators Davenport of the 17th, Sims of the 12th, Jones II of the 22nd, Mangham of the |
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4 | 4 | | 55th, Anderson of the 43rd and others |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | To amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia |
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8 | 8 | | 1 |
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9 | 9 | | Annotated, relating to educational programs in elementary and secondary education, so as2 |
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10 | 10 | | to enact the "Blind Persons' Braille Literacy Rights and Education Act"; to provide3 |
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11 | 11 | | definitions; to require an evaluation of a blind or visually impaired student to determine such4 |
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12 | 12 | | student's need for Braille instruction; to require Braille instruction in the individualized5 |
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13 | 13 | | education program of a blind or visually impaired student as appropriate; to provide6 |
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14 | 14 | | additional requirements for the individualized education program of a blind or visually7 |
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15 | 15 | | impaired student; to provide for textbook publishers relating to electronic materials; to8 |
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16 | 16 | | provide license requirements relating to Braille for certain teachers; to provide for related9 |
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17 | 17 | | matters; to repeal conflicting laws; and for other purposes.10 |
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18 | 18 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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19 | 19 | | SECTION 1.12 |
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20 | 20 | | Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,13 |
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21 | 21 | | relating to educational programs in elementary and secondary education, is amended by14 |
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22 | 22 | | adding a new Code section to read as follows: 15 |
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23 | 23 | | S. B. 133 |
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24 | 24 | | - 1 - 25 LC 61 0113 |
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25 | 25 | | "20-2-152.3.16 |
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26 | 26 | | (a) This Code section shall be known and may be cited as the 'Blind Persons' Braille17 |
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27 | 27 | | Literacy Rights and Education Act.'18 |
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28 | 28 | | (b) For purposes of this Code section, the term:19 |
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29 | 29 | | (1) 'Blind or visually impaired student' means a child or youth who:20 |
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30 | 30 | | (A) Is eligible for special education services pursuant to Code Section 20-2-152 and21 |
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31 | 31 | | the federal Individuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq.;22 |
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32 | 32 | | and23 |
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33 | 33 | | (B)(i) Has a visual acuity of 20/200 or less in the stronger eye with correcting lenses24 |
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34 | 34 | | or has a limited field of vision such that the widest diameter subtends an angular25 |
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35 | 35 | | distance of no greater than 20 degrees; or26 |
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36 | 36 | | (ii) Has a medically indicated expectation of visual deterioration.27 |
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37 | 37 | | (2) 'Braille' means the system of reading and writing through touch and includes what28 |
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38 | 38 | | is commonly known as standard English Braille or Unified English Braille Code and the29 |
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39 | 39 | | Nemeth Code for Mathematics and Science Notation.30 |
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40 | 40 | | (3) 'Individualized education program' or 'IEP' shall have the same meaning as provided31 |
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41 | 41 | | in Section 614(d) of the federal Individuals with Disabilities Education Act, 20 U.S.C.32 |
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42 | 42 | | Section 1414(d).33 |
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43 | 43 | | (4) 'Textbooks and other instructional materials' means any literary or nonliterary works34 |
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44 | 44 | | obtained for use in a course of study, including texts in electronic media.35 |
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45 | 45 | | (c) Public schools in this state shall be authorized to provide Braille instruction for blind36 |
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46 | 46 | | or visually impaired students.37 |
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47 | 47 | | (d) In developing the individualized education program for a blind or visually impaired38 |
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48 | 48 | | student, provisions shall be made for instruction in Braille and the use of Braille except39 |
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49 | 49 | | when the student's IEP team expressly determines that such instruction is not appropriate40 |
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50 | 50 | | for the student based on the outcome of an evaluation of the student's current reading and41 |
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51 | 51 | | writing skills and specific needs using appropriate reading and writing media and of the42 |
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52 | 52 | | S. B. 133 |
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53 | 53 | | - 2 - 25 LC 61 0113 |
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54 | 54 | | student's need for instruction in Braille or the use of Braille, as provided in paragraph (6)43 |
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55 | 55 | | of subsection (e) of this Code section. Such evaluation shall be conducted by a teacher44 |
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56 | 56 | | certified by the Professional Standards Commission as a special education visual45 |
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57 | 57 | | impairments program teacher. Nothing in this Code section shall be construed to require46 |
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58 | 58 | | instruction in Braille or the use of Braille if other special education services are appropriate47 |
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59 | 59 | | to the blind or visually impaired student's educational needs. The provision of other48 |
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60 | 60 | | appropriate services shall not preclude instruction in Braille or the use of Braille.49 |
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61 | 61 | | (e) The instruction in Braille reading and writing included in a blind or visually impaired50 |
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62 | 62 | | student's individualized education program shall be sufficient to enable such student to51 |
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63 | 63 | | communicate effectively and efficiently with the same level of proficiency expected of the52 |
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64 | 64 | | student's peers of comparable ability and grade level. Each such individualized education53 |
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65 | 65 | | program shall include:54 |
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66 | 66 | | (1) The outcomes obtained from the evaluation required under subsection (d) of this55 |
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67 | 67 | | Code section;56 |
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68 | 68 | | (2) How Braille will be implemented as the primary mode for learning through57 |
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69 | 69 | | integration with other classroom activities unless other special education services are58 |
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70 | 70 | | appropriate to the student's educational needs;59 |
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71 | 71 | | (3) The date on which Braille instruction will commence unless other special education60 |
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72 | 72 | | services are appropriate to the student's educational needs;61 |
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73 | 73 | | (4) The length of the period of instruction and the frequency and duration of each62 |
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74 | 74 | | instructional session; 63 |
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75 | 75 | | (5) The level of competency in Braille reading and writing to be achieved by the student64 |
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76 | 76 | | by the end of a designated period of time and the objective assessment measures to be65 |
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77 | 77 | | used to determine the level of competency; and66 |
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78 | 78 | | (6) For each blind or visually impaired student for whom Braille instruction is not67 |
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79 | 79 | | indicated following the evaluation required in subsection (d) of this Code section:68 |
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80 | 80 | | S. B. 133 |
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81 | 81 | | - 3 - 25 LC 61 0113 |
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82 | 82 | | (A) A statement that the decision by such student's IEP team to not include Braille69 |
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83 | 83 | | instruction in his or her individualized education program was reached after a review70 |
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84 | 84 | | of currently relevant literature addressing the use Braille instruction with blind and71 |
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85 | 85 | | visually impaired students; 72 |
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86 | 86 | | (B) A statement that the absence of Braille instruction will not impair such student's73 |
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87 | 87 | | ability to read and write effectively; and74 |
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88 | 88 | | (C) A statement of the evidence relied upon by the IEP team to determine that such75 |
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89 | 89 | | student's ability to read and write effectively without Braille instruction will not be76 |
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90 | 90 | | impaired.77 |
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91 | 91 | | (f) All publishers of textbooks and other instructional materials sold to the state or to any78 |
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92 | 92 | | local board of education in this state shall furnish an electronic version in which the content79 |
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93 | 93 | | is encoded in text suitable for conversion into Braille or synthesized speech and has been80 |
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94 | 94 | | prepared using a markup language which maintains the formatting of the information and81 |
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95 | 95 | | can be processed by Braille translation software.82 |
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96 | 96 | | (g) On and after July 1, 2025, the Professional Standards Commission shall not issue or83 |
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97 | 97 | | renew a license to teach academic instruction to blind or visually impaired students unless84 |
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98 | 98 | | the educator has, as part of his or her standard renewal requirements:85 |
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99 | 99 | | (1) Completed a course in Braille instruction approved by the commission;86 |
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100 | 100 | | (2) Demonstrated competence in reading and writing Braille by holding a nationally87 |
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101 | 101 | | recognized certificate in Braille approved by the commission; or88 |
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102 | 102 | | (3) Passed a test in Braille approved by the commission."89 |
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103 | 103 | | SECTION 2.90 |
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104 | 104 | | All laws and parts of laws in conflict with this Act are repealed.91 |
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105 | 105 | | S. B. 133 |
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106 | 106 | | - 4 - |
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