Assures individualized education programs for blind or visually impaired children including provisions for instruction in Braille. Establishes standards of proficiency and instruction. Provides materials in a computer-accessible format capable of Braille reproduction. Requires certification and re-certification of teachers in accordance with Braille literacy standards.

A BILL FOR AN ACT

SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . The Blind Persons' Literary Rights and Education Act

§302A-A Purpose. The purpose of this Act is to assure that the individualized education program of each blind or visually impaired child includes provisions for instruction in braille and the use of braille appropriate to the child's current and future literacy needs. In addition, the purpose of this Act is to establish standards of proficiency and instruction and to provide materials in a computer-accessible format capable of braille reproduction. Finally, this Act seeks to require the certification and re-certification of teachers in accordance with braille literacy standards.

§302A-B Short Title. This Act may be cited as the "blind persons' literacy rights and education act."

§302A-C Individualized Education Program. In developing the individualized education program in the case of a child who is blind or visually impaired, provision shall be made for instruction in braille and the use of braille unless the IEP Team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in braille or the use of braille), that such instruction or use is not appropriate for the child. Nothing in this section requires the exclusive use of braille if other special education services are appropriate to the child's educational needs. The provision of other appropriate services shall not preclude braille use or instruction.

§302A-D Standards of Competency and Instruction. (a)Instruction in braille reading and writing shall be sufficient to enable each blind or visually impaired child to communicate effectively and efficiently with the same level of proficiency expected of the child's peers of comparable ability and grade level. The child's individualized education program shall specify:

1. The results obtained from the evaluations required under section 302A-C;
2. How braille will be implemented as the primary mode for learning through integration with other classroom activities;
3. The date on which braille instruction will commence;
4. The length of the period of instruction and the

frequency and duration of each instructional session;

5. The level of competency in braille reading and writing to be achieved by the end of the period and the objective assessment measures to be used; and
6. If a decision has been made under section 302A-C that braille instruction or use is not required for the child.

§302A-E Instructional Materials. All publishers of textbooks (including texts in electronic media) sold to the state or any local education agency (including postsecondary institutions) must furnish an electronic version in which the content is encoded in text suitable for conversion into braille or synthesized speech; and has been prepared using a markup language which maintains the structural integrity of the information and can be processed by braille translation software.

§302A-F Certification. As part of the certification and renewal process, teachers certified in the education of blind and visually impaired children shall be required to demonstrate competence in reading and writing braille. The department may not issue or renew a license to teach the visually impaired unless the applicant demonstrates, based upon standards adopted by the National Library Service for the Blind and Physically Handicapped, Library of Congress, Washington, D.C., that applicant or she is proficient in reading and writing braille.

§302A-G Definitions. As used in this part, "blind or visually impaired child" means an individual who is eligible for special education services and who:

1. has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees; or
2. has a medically indicated expectation of visual deterioration."

SECTION 2. This Act shall take effect upon its approval.