Hawaii 2024 Regular Session

Hawaii Senate Bill SB2750 Compare Versions

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

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1	1	THE SENATE S.B. NO. 2750 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to braille literacy. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2750
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2750
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to braille literacy.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that literacy skills are fundamental to success in education, employment, and life for all members of society, including individuals who are blind. The legislature further finds that braille literacy skills are essential for individuals who are blind to learn, seek and maintain remunerative employment, and access the opportunities in life open to all regardless of disability. The legislature also finds that it is the interest of the State to make learning opportunities available to all residents. Therefore, it is necessary for the State to promote braille instruction and the timely access to braille instructional materials for blind students, parents, teachers, and other school personnel. Accordingly, the purpose of this Act is to: (1) Require the individualized education programs of blind students to include the instruction of braille and provision of braille instructional materials under certain circumstances; (2) Require the department of education to establish a braille literacy resource center; and (3) Make an appropriation. 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-A Purpose. It is the policy of the State to promote braille literacy and support opportunities for blind students to obtain reading and writing skills to the maximum extent achievable for each blind individual. §302A-B Definitions. As used in this part, unless the context otherwise requires: "Braille" has the same meaning as in section 302A-442.5. "Braille instructional materials" means print instructional materials, as defined in section 302A-442.5, that are printed in braille. "Eligible blind student" means an eligible student, as that term is defined in section 302A-442.5, who is blind, as that term is defined in section 347.2. "Individualized education program" and "individualized education program team" have the same meanings as in section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. section 1414(d)), as amended. §302A-C Individualized education program; eligible blind students; braille instructional materials. (a) The individualized education program for an eligible blind student shall include instruction in braille and provision of braille instructional materials unless the individualized education program team determines that the instruction or materials are not necessary for the student after current and future needs reading and writing performance assessments have been made. (b) When included in an eligible blind student's individualized education program, braille literacy instruction shall be sufficient to enable the student to achieve at least grade level reading and writing proficiency expected of the student's peers of comparable ability to learn and progress from grade to grade in school. The eligible blind student's individualized education program shall: (1) Document: (A) The results of current braille reading and writing assessments of the student, if any; (B) The date on which braille literacy instruction will commence; (C) The length of the period of instruction and the frequency and duration of each instructional session; and (D) Performance goals for the end of the period and the objective assessment measures to be used; and (2) Summarize how use of acquired braille skills and braille instructional materials will be incorporated into the student's general education program and daily activities. (c) If the individualized education program team decides that braille literacy instruction is not necessary for an eligible blind student in accordance with subsection (b), the student's individualized education program shall: (1) Document the student's: (A) Visual condition, including cause, visual acuity, field of vision, visual functioning over time, stability of the condition, and prognosis; and (B) Ability to achieve at least grade level reading and writing proficiency without regard to the use of braille, as expected of the student's peers of comparable ability to learn and progress from grade to grade in school; (2) Identify the literacy assessment tools and methods used; (3) Provide the date of the student's next literacy assessment, not to exceed twelve months from the previous assessment; and (4) Include the parents or, as appropriate, the student's signed concurrence to exclude braille literacy instruction and braille instructional materials from the individualized education program until the next assessment of the student's literacy needs." SECTION 3. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part II, subpart C to be appropriately designated and to read as follows: "§302A- Braille literacy resource center; establishment; duties; rules. (a) The department shall establish and maintain a braille literacy resource center that shall: (1) Advocate for braille literacy; (2) Obtain instructional materials in braille as needed; (3) Acquire, maintain, and make available studies, reports, and other authoritative information about the efficacy of instruction in braille and braille instructional materials; (4) Award and administer grants or contracts with one or more entities that the department finds qualified to provide in-state braille transcription services, or provide financial support in whole or in part for the establishment of braille transcription services by a qualified entity; (5) Ensure that each eligible blind student is registered with the department of human services pursuant to section 347-6; (6) For each student registered pursuant to paragraph (5), provide the parents and, as appropriate the student, with comprehensive information about braille literacy instruction, braille instructional materials, assistive technology devices, and assistive technology services, including tools and options available to assess the student's braille literacy needs; and (7) When requested by a member of an individualized education program team or, as appropriate, an eligible blind student, participate in the development of the student's individualized education program. (b) The department shall designate an individual from the braille literacy resource center to serve as the ex officio member of the board of trustees of the American Printing House for the Blind pursuant to the federal Act to Promote the Education of the Blind (20 U.S.C. 101 et seq.), as amended. (c) The department may adopt rules pursuant to chapter 91 to carry out the purposes of this section. (d) For purposes of this section: "Assistive technology device", "assistive technology service", and "braille" have the same meaning as defined in section 302A-442.5; and "Braille instructional materials", "eligible blind student", "individualized education program", and "individualized education program team" have the same meaning as in section 302A-B." SECTION 4. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that: (1) The appropriation made in this Act is necessary to serve the public interest; and (2) The appropriation made in this Act meets the needs addressed by this Act. SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 to make grants or enter into contracts with one or more entities the department of education finds qualified to provide in-state braille transcription services, or to provide financial support in whole or in part for establishment of braille transcription services by a qualified entity. The sum appropriated shall be expended by the department of education for the purposes of this Act. SECTION 6. Beginning fiscal year 2025-2026 and each fiscal year thereafter, the department of education shall include in its annual budget request any sums necessary for the provision of braille transcription services pursuant to section 3 of this Act. SECTION 7. In codifying the new sections added by section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 8. New statutory material is underscored. SECTION 9. This Act shall take effect on July 1, 2024. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that literacy skills are fundamental to success in education, employment, and life for all members of society, including individuals who are blind. The legislature further finds that braille literacy skills are essential for individuals who are blind to learn, seek and maintain remunerative employment, and access the opportunities in life open to all regardless of disability.
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51	51	The legislature also finds that it is the interest of the State to make learning opportunities available to all residents. Therefore, it is necessary for the State to promote braille instruction and the timely access to braille instructional materials for blind students, parents, teachers, and other school personnel.
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53	53	Accordingly, the purpose of this Act is to:
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55	55	(1) Require the individualized education programs of blind students to include the instruction of braille and provision of braille instructional materials under certain circumstances;
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57	57	(2) Require the department of education to establish a braille literacy resource center; and
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59	59	(3) Make an appropriation.
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61	61	SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
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63	63	"Part . BRAILLE INSTRUCTION
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65	65	§302A-A Purpose. It is the policy of the State to promote braille literacy and support opportunities for blind students to obtain reading and writing skills to the maximum extent achievable for each blind individual.
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67	67	§302A-B Definitions. As used in this part, unless the context otherwise requires:
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69	69	"Braille" has the same meaning as in section 302A-442.5.
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71	71	"Braille instructional materials" means print instructional materials, as defined in section 302A-442.5, that are printed in braille.
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73	73	"Eligible blind student" means an eligible student, as that term is defined in section 302A-442.5, who is blind, as that term is defined in section 347.2.
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75	75	"Individualized education program" and "individualized education program team" have the same meanings as in section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. section 1414(d)), as amended.
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77	77	§302A-C Individualized education program; eligible blind students; braille instructional materials. (a) The individualized education program for an eligible blind student shall include instruction in braille and provision of braille instructional materials unless the individualized education program team determines that the instruction or materials are not necessary for the student after current and future needs reading and writing performance assessments have been made.
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79	79	(b) When included in an eligible blind student's individualized education program, braille literacy instruction shall be sufficient to enable the student to achieve at least grade level reading and writing proficiency expected of the student's peers of comparable ability to learn and progress from grade to grade in school. The eligible blind student's individualized education program shall:
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81	81	(1) Document:
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83	83	(A) The results of current braille reading and writing assessments of the student, if any;
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85	85	(B) The date on which braille literacy instruction will commence;
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87	87	(C) The length of the period of instruction and the frequency and duration of each instructional session; and
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89	89	(D) Performance goals for the end of the period and the objective assessment measures to be used; and
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91	91	(2) Summarize how use of acquired braille skills and braille instructional materials will be incorporated into the student's general education program and daily activities.
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93	93	(c) If the individualized education program team decides that braille literacy instruction is not necessary for an eligible blind student in accordance with subsection (b), the student's individualized education program shall:
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95	95	(1) Document the student's:
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97	97	(A) Visual condition, including cause, visual acuity, field of vision, visual functioning over time, stability of the condition, and prognosis; and
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99	99	(B) Ability to achieve at least grade level reading and writing proficiency without regard to the use of braille, as expected of the student's peers of comparable ability to learn and progress from grade to grade in school;
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101	101	(2) Identify the literacy assessment tools and methods used;
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103	103	(3) Provide the date of the student's next literacy assessment, not to exceed twelve months from the previous assessment; and
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105	105	(4) Include the parents or, as appropriate, the student's signed concurrence to exclude braille literacy instruction and braille instructional materials from the individualized education program until the next assessment of the student's literacy needs."
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107	107	SECTION 3. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part II, subpart C to be appropriately designated and to read as follows:
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109	109	"§302A- Braille literacy resource center; establishment; duties; rules. (a) The department shall establish and maintain a braille literacy resource center that shall:
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111	111	(1) Advocate for braille literacy;
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113	113	(2) Obtain instructional materials in braille as needed;
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115	115	(3) Acquire, maintain, and make available studies, reports, and other authoritative information about the efficacy of instruction in braille and braille instructional materials;
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117	117	(4) Award and administer grants or contracts with one or more entities that the department finds qualified to provide in-state braille transcription services, or provide financial support in whole or in part for the establishment of braille transcription services by a qualified entity;
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119	119	(5) Ensure that each eligible blind student is registered with the department of human services pursuant to section 347-6;
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121	121	(6) For each student registered pursuant to paragraph (5), provide the parents and, as appropriate the student, with comprehensive information about braille literacy instruction, braille instructional materials, assistive technology devices, and assistive technology services, including tools and options available to assess the student's braille literacy needs; and
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123	123	(7) When requested by a member of an individualized education program team or, as appropriate, an eligible blind student, participate in the development of the student's individualized education program.
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125	125	(b) The department shall designate an individual from the braille literacy resource center to serve as the ex officio member of the board of trustees of the American Printing House for the Blind pursuant to the federal Act to Promote the Education of the Blind (20 U.S.C. 101 et seq.), as amended.
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127	127	(c) The department may adopt rules pursuant to chapter 91 to carry out the purposes of this section.
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129	129	(d) For purposes of this section:
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131	131	"Assistive technology device", "assistive technology service", and "braille" have the same meaning as defined in section 302A-442.5; and
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133	133	"Braille instructional materials", "eligible blind student", "individualized education program", and "individualized education program team" have the same meaning as in section 302A-B."
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135	135	SECTION 4. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:
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137	137	(1) The appropriation made in this Act is necessary to serve the public interest; and
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139	139	(2) The appropriation made in this Act meets the needs addressed by this Act.
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141	141	SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 to make grants or enter into contracts with one or more entities the department of education finds qualified to provide in-state braille transcription services, or to provide financial support in whole or in part for establishment of braille transcription services by a qualified entity.
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143	143	The sum appropriated shall be expended by the department of education for the purposes of this Act.
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145	145	SECTION 6. Beginning fiscal year 2025-2026 and each fiscal year thereafter, the department of education shall include in its annual budget request any sums necessary for the provision of braille transcription services pursuant to section 3 of this Act.
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147	147	SECTION 7. In codifying the new sections added by section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
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149	149	SECTION 8. New statutory material is underscored.
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151	151	SECTION 9. This Act shall take effect on July 1, 2024.
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155	155	INTRODUCED BY: _____________________________
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157	157	INTRODUCED BY:
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169	169	Report Title: Deaf and Blind Task Force; DOE; Braille Literacy Instruction; Braille Literacy Materials; Braille Literacy Resource Center; Expenditure Ceiling; Appropriation Description: Establishes state policy to promote braille literacy for blind students. Requires the individualized education programs of blind students to include the instruction of Braille and provision of Braille instructional materials under certain circumstances. Requires the Department of Education to establish a Braille Literacy Resource Center. Declares that the general fund expenditure ceiling is exceeded. Makes an appropriation. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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175	175	Report Title:
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177	177	Deaf and Blind Task Force; DOE; Braille Literacy Instruction; Braille Literacy Materials; Braille Literacy Resource Center; Expenditure Ceiling; Appropriation
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181	181	Description:
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183	183	Establishes state policy to promote braille literacy for blind students. Requires the individualized education programs of blind students to include the instruction of Braille and provision of Braille instructional materials under certain circumstances. Requires the Department of Education to establish a Braille Literacy Resource Center. Declares that the general fund expenditure ceiling is exceeded. Makes an appropriation.
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191	191	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.