South Carolina General Assembly
109th Session, 1991-1992

Bill 507


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    507
Primary Sponsor:                Giese
Committee Number:               04
Type of Legislation:            GB
Subject:                        Blind Persons' Literacy Rights and
                                Education Act
Residing Body:                  Senate
Current Committee:              Education
Companion Bill Number:          3559
Computer Document Number:       507
Introduced Date:                Jan 17, 1991
Last History Body:              Senate
Last History Date:              Jan 17, 1991
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Giese
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 507   Senate  Jan 17, 1991  Introduced, read first time,    04
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO INCLUDE THAT PROGRAM APPROVAL STANDARDS AND APPROVED PROGRAM OF COURSE REQUIREMENTS FOR ADDING CERTIFICATION FOR SPECIAL EDUCATION IN THE AREA OF VISION INSURE THAT STUDENTS DEMONSTRATE COMPETENCE IN THE BRAILLE SYSTEM; AND TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 34 SO AS TO ENACT THE BLIND PERSONS' LITERACY RIGHTS AND EDUCATION ACT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 59-26-20(l) of the 1976 Code is amended to read:

"(l) For special education in the area of vision, adopt program approval standards and amend the approved program of specific course requirements for adding certification so that students receive appropriate training in the braille system and demonstrate competence in braille consistent with standards adopted by the National Library Service for the Blind and Physically Handicapped."

SECTION 2. Title 59 of the 1976 Code is amended by adding:

"CHAPTER 34

Blind Persons' Literacy Rights and Education

Section 59-34-10. This chapter may be cited as the Blind Persons' Literacy Rights and Education Act.

Section 59-34-20. As used in this chapter:

(1) `Blind student' means an individual who is eligible for special education services and who:

(a) 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

(b) has a medically indicated expectation of visual deterioration.

(2) `Braille' means the system of reading and writing through touch commonly known as standard English Braille.

(3) `Individualized education program' means a written statement developed for a student eligible for special education services pursuant to Section 602(a)(20) of Part A of the Individuals with Disabilities Education Act, 20 U.S.C. Section 1401(a).

Section 59-34-30. Each blind student must be given an individualized written education program. In developing the program for each student there is a presumption that proficiency in braille reading and writing is essential for the student to achieve satisfactory educational progress. Each student must be given an assessment which must include a braille skills inventory, including a statement of strengths and deficits. Braille instruction and use are not required by this section if those developing the student's individualized program concur that the student's visual impairment does not affect reading and writing performance commensurate with ability. Nothing in this section requires the exclusive use of braille if other special education services are appropriate to the student's educational needs, and the provision of other appropriate services does not preclude braille use or instruction.

Section 59-34-40. Instruction in braille reading and writing must be sufficient to enable each 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 student's individualized education program must specify:

(1) the results obtained from the assessment required pursuant to Section 59-34-30;

(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 pursuant to the assessment that braille instruction or use is not required for the student then:

(a) a statement that the decision was reached after a review of pertinent literature describing the educational benefits of braille instruction and use; and

(b) a specification of the evidence used to determine that the absence of braille instruction or use will not impair the student's ability to read and write effectively.

Section 59-34-50. As part of the certification process, teachers certified in the education of blind and visually impaired students must be required to demonstrate competence in reading and writing braille. The State Board of Education, through the State Department of Education, and the Commission on Higher Education shall adopt procedures to assess braille competency which are consistent with standards adopted by the National Library Service for the Blind and Physically Handicapped."

SECTION 3. This act takes effect upon approval by the Governor.

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