1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," providing for braille literacy
6assessment.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10as the Public School Code of 1949, is amended by adding a
11section to read:

12Section 1383. Braille Literacy Assessment.--(a) As part of
13the development of an individualized education program for a
14blind student, a certified teacher shall screen and assess the
15student for braille proficiency.

16(b) The assessment shall include a braille skills inventory,
17including a statement of the blind student's strengths and
18deficits.

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

1assessment and inventory indicate that braille instruction is
2essential for the blind student to achieve satisfactory
3educational progress, a certified teacher shall provide braille
4instruction in reading and writing. The instruction shall be
5sufficient to enable the blind student to communicate
6effectively and efficiently with the same level of proficiency
7expected of the student's peers of comparable ability and grade
8level. The blind student's individualized education program
9shall specify the following:

10(1) The results obtained from the inventory under subsection
11(b).

12(2) A plan for how braille will be implemented as the
13primary mode for learning through integration with other
14classroom activities.

15(3) The date on which braille instruction will commence.

16(4) The length of the period of instruction and the
17frequency and duration of each instructional session.

18(5) The level of competency in braille reading and writing
19to be achieved by the end of the period and the objective
20assessment measures to be used.

21(d) Braille instruction and use shall not be required under
22this section if, in the course of developing the student's
23individualized education program, all members of the student's
24individualized education program team concur that the student's
25visual impairment does not affect reading, writing and academic
26performance commensurate with ability.

27(e) If a decision is made under subsection (d) that braille
28instruction or use is not required for a student, the student's
29individualized education program team shall include in the
30student's individualized education program all of the following:

1(1) A statement that the decision was reached after a review
2of pertinent literature describing the educational benefits of
3braille instruction and use.

4(2) A specification of the evidence used to determine that
5the student's ability to read and write effectively without
6special education services is not impaired.

7(f) This section shall not require the exclusive use of
8braille if other special education services are appropriate to
9the blind student's educational needs. The provision of other
10appropriate services shall not preclude braille use or
11instruction.

12(g) The following words and phrases as used in this section
13shall have the meanings given to them in this subsection unless
14the context clearly indicates otherwise:

15"Blind student" means a visually impaired child that has one
16or more of the following conditions:

17(1) A visual acuity of 20/200 or less in the better eye with
18corrective lenses.

19(2) A limited field of vision such that the widest diameter
20subtends an angular distance of no greater than twenty (20)
21degrees.

22(3) A visual impairment including partial vision, color
23deficiency, light sensitivity or contract impairment that, even
24with correction, adversely affects a child's educational
25performance.

26(4) A medically indicated expectation of visual
27deterioration.

28"Braille" means a form of written language for the blind or
29visually-impaired in which characters are represented by
30patterns of raised dots.

1"Certified teacher" means a teacher who holds all of the
2following:

3(1) A current special education-visually impaired
4certificate issued by the Department of Education.

5(2) A current National Certification in Literary Braille
6awarded by the National Blindness Professional Certification
7Board or an equivalent accreditation board or process
8demonstrating competence in reading and writing braille
9recognized by the Department of Education.

10"Department" means the Department of Education of the
11Commonwealth.

12"Individualized education program" means a written statement
13developed for a student eligible for special education services
14under the Individuals with Disabilities Education Act (Public
15Law 91-230, 20 U.S.C. § 1400 et seq.).

16Section 2. This act shall take effect in 90 days.