Current Status Introducing Body:
HouseBill Number: 3559Ratification Number: 299Act Number: 282Primary Sponsor: WilderType of Legislation: GBSubject: Blind Persons' Literacy Rights and Education ActCompanion Bill Number: 507Date Bill Passed both Bodies: Feb 27, 1992Computer Document Number: 436/11241.DFWGovernor's Action: SDate of Governor's Action: Mar 10, 1992Introduced Date: Feb 20, 1991Date of Last Amendment: Feb 20, 1992Last History Body: ------Last History Date: Mar 10, 1992Last History Type: Act No. 282Scope of Legislation: StatewideAll Sponsors: Wilder Baxley Manly Corning Waites Wells Wright L. Martin T.C. Alexander Kempe Farr Hendricks MarchbanksType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 3559 ------ Mar 10, 1992 Act No. 282 3559 ------ Mar 10, 1992 Signed by Governor 3559 ------ Mar 04, 1992 Ratified R 299 3559 House Feb 27, 1992 Concurred in Senate amendment, enrolled for ratification 3559 Senate Feb 21, 1992 Read third time, returned to House with amendment 3559 Senate Feb 20, 1992 Amended, read second time, unanimous consent for third reading on Friday, February 21, 1992 3559 Senate Feb 19, 1992 Committee Report: Favorable 04 with amendment 3559 Senate Jan 28, 1992 Introduced, read first time, 04 referred to Committee 3559 House Jan 24, 1992 Read third time, sent to Senate 3559 House Jan 23, 1992 Amended, read second time, unanimous consent for third reading on next Legislative day 3559 House Jan 22, 1992 Objection withdrawn by Representative 3559 House May 28, 1991 Objection by Representative 3559 House May 28, 1991 Amended 3559 House May 15, 1991 Debate adjourned until Tuesday, May 28 3559 House May 08, 1991 Debate adjourned until Wednesday, May 15 3559 House Apr 25, 1991 Committee Report: Favorable 21 with amendment 3559 House Feb 20, 1991 Introduced, read first time, 21 referred to CommitteeView additional legislative information at the LPITS web site.
(A282, R299, H3559)
AN ACT 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 FOR INITIAL CERTIFICATION AND APPROVED PROGRAM OF COURSE REQUIREMENTS FOR ADDING CERTIFICATION FOR SPECIAL EDUCATION IN THE AREA OF VISION INSURE THAT STUDENTS DEMONSTRATE COMPETENCE IN READING AND WRITING BRAILLE; 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 for initial certification and amend the approved program of specific course requirements for adding certification so that students receive appropriate training and can demonstrate competence in reading and writing braille."
Blind Persons' Literacy Rights and Education Act
SECTION 2. Title 59 of the 1976 Code is amended by adding:
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 legally blind student must be identified and offered an individualized education program (IEP) in consultation with a parent or legal guardian. While braille is not required, it is presumed that the need for braille reading and writing are valuable skills to be considered in the student's transition plan toward continuing in higher education and in broadening job and career opportunities.
No child who is legally blind may be denied the opportunity to receive instructions in braille reading and writing on the basis that the child has the ability to read and write print.
Each student must be given an assessment which must include an evaluation of the need for braille skills to be designed by the State Department of Education, and shall include strengths and deficits. The purpose of the assessment is to determine the most appropriate reading and writing media for the individual child and does not require the use of braille if other special education services are appropriate.
Nothing in this section requires the inclusion of braille in a legally blind student's IEP.
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 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 3. This act takes effect upon approval by the Governor.
Approved the 10th day of March, 1992.