Bill Text: HI HB1977 | 2024 | Regular Session | Amended
Bill Title: Relating To Braille Literacy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-03-07 - Referred to HHS/EDU, WAM. [HB1977 Detail]
Download: Hawaii-2024-HB1977-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1977 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO BRAILLE LITERACY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature also finds that it is in 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 elementary or secondary school student who:
(1) Is eligible for services under the Individuals with Disabilities Education Act, as amended;
(2) Is approved as an eligible person, as defined in section 121(d)(3) of the Copyright Act of 1976 (17 U.S.C. 121(d)(3)), as amended; and
(3) Attends a department school, a private school under chapter 302C, a public charter school under chapter 302D, or an approved alternative education program under section 302A-1132(a)(5),
and is blind or visually handicapped.
"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.
(b) If braille literacy instruction is included in the eligible blind student's individualized education program, the 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; and
(3) Provide the date of the student's next literacy assessment, if one is to be conducted, not to exceed twelve months from the previous assessment."
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-D 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 parent or legal
guardian 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 title 20 United States Code 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.
"Braille instructional materials" has the same meaning as in section 302A-B.
"Eligible blind student" has the same meaning as in section 302A-B.
"Individualized education
program" has the same meaning as in section 302A-B.
"Individualized education program team" has 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 the department of education to make grants or enter into contracts with one or more qualified entities to provide in-state braille transcription services or provide financial support to a qualified entity, in whole or in part, for the establishment of braille transcription services.
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 sections 2 and 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, 3000.
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 eligible 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. Makes an appropriation. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
