THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WARD, RAFFERTY, FONTANA, ERICKSON, TARTAGLIONE, COSTA, FERLO, WOZNIAK, LEACH, MENSCH AND FARNESE, AUGUST 14, 2012

REFERRED TO EDUCATION, AUGUST 14, 2012  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," providing for braille literacy

assessment.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 1383.  Braille Literacy Assessment.--(a)  As part of

the development of an individualized education program for a

blind student, a certified teacher shall screen and assess the

student for braille proficiency.

(b)  The assessment shall include a braille skills inventory,

including a statement of the blind student's strengths and

deficits.

(c)  Except as provided under subsection (d), if the

assessment and inventory indicate that braille instruction is

essential for the blind student to achieve satisfactory

educational progress, a certified teacher shall provide braille

instruction in reading and writing. The instruction shall be

sufficient to enable the blind student to communicate

effectively and efficiently with the same level of proficiency

expected of the student's peers of comparable ability and grade

level. The blind student's individualized education program

shall specify the following:

(1)  The results obtained from the inventory under subsection

(b).

(2)  A plan for 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.

(d)  Braille instruction and use shall not be required under

this section if, in the course of developing the student's

individualized education program, all members of the student's

individualized education program team concur that the student's

visual impairment does not affect reading, writing and academic

performance commensurate with ability.

(e)  If a decision is made under subsection (d) that braille

instruction or use is not required for a student, the student's

individualized education program team shall include in the

student's individualized education program all of the following:

(1)  A statement that the decision was reached after a review

of pertinent literature describing the educational benefits of

braille instruction and use.

(2)  A specification of the evidence used to determine that

the student's ability to read and write effectively without

special education services is not impaired.

(f)  This section shall not require the exclusive use of

braille if other special education services are appropriate to

the blind student's educational needs. The provision of other

appropriate services shall not preclude braille use or

instruction.

(g)  The following words and phrases as used in this section

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Blind student" means a visually impaired child that has one

or more of the following conditions:

(1)  A visual acuity of 20/200 or less in the better eye with

corrective lenses.

(2)  A limited field of vision such that the widest diameter

subtends an angular distance of no greater than twenty (20)

degrees.

(3)  A visual impairment including partial vision, color

deficiency, light sensitivity or contract impairment that, even

with correction, adversely affects a child's educational

performance.

(4)  A medically indicated expectation of visual

deterioration.

"Braille" means a form of written language for the blind or

visually-impaired in which characters are represented by

patterns of raised dots.

"Certified teacher" means a teacher who holds all of the

following:

(1)  A current special education-visually impaired

certificate issued by the Department of Education.

(2)  A current National Certification in Literary Braille

awarded by the National Blindness Professional Certification

Board or an equivalent accreditation board or process

demonstrating competence in reading and writing braille

recognized by the Department of Education.

"Department" means the Department of Education of the

Commonwealth.

"Individualized education program" means a written statement

developed for a student eligible for special education services

under the Individuals with Disabilities Education Act (Public

Law 91-230, 20 U.S.C. § 1400 et seq.).

Section 2.  This act shall take effect in 90 days.