SB 530: RELATING TO BRAILLE LITERACY.

A BILL FOR AN ACT

RELATING TO BRAILLE LITERACY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that literacy skills are fundamental to success in education, employment, and life for all members of society, including individuals with low vision and blindness.  Braille is a tactile writing system that allows low vision and blind individuals to read by touch using a system of raised dots that represent letters, numbers, and symbols.  Braille literacy skills are widely understood as essential for low vision and blind students to actively learn, seek and maintain remunerative employment, engage in cultural enrichment and hobbies, and access opportunities in life regardless of disability.

     According to a 2018 study conducted by the Journal of Blindness Innovation and Research, "individuals who were primary Braille readers since childhood had greater life satisfaction, self-esteem, and job satisfaction than individuals who reported not using Braille as their primary reading medium during childhood."  Additionally, the study found that "[f]indings support the premise that Braille literacy is key to life satisfaction and self-esteem in addition to academic and job success" and that those who are Braille literate are more likely to gain high-quality employment."

     According to the Centers for Disease Control and Prevention, more than twenty-four thousand people statewide report low vision or blindness.  The department of education exceptional support branch supports complex areas to support students with disabilities, including low vision or blindness.  Presently, one hundred sixty students in kindergarten through twelfth grade are registered with the American Printing House for the Blind to receive special education materials.  However, only seventeen students have Braille services in their special education programs, creating a significant gap for students to receive equitable educational opportunities.  With limited resources contingent upon individual student needs, a proactive approach is imperative to ensure equity for students with low vision or blindness to succeed in the classroom and prepare for future careers and life goals.

     The legislature further finds that it is in the interest of the State to make Braille literacy educational services available to all students and members of the greater educational community.  Therefore, it is necessary for the State to promote Braille instruction and timely access to Braille instructional materials for low vision or blind students, parents, teachers, and other school personnel.

     Accordingly, the purpose of this Act is to:

     (1)  Establish requirements for access to Braille instructional materials;

     (2)  Require Braille educational services for students with low vision or blindness to assess individual student abilities and needs; and

     (3)  Establish a Braille literacy resource center within the department of education.

     This Act shall be known and cited as the Hawaii Braille Literacy Education Act.

     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 SErvices

     §302A-    Purpose.  It is a policy of the State to promote Braille literacy and support the provision of Braille educational services needed for eligible low vision or blind students to participate fully in school and prepare students for life beyond the classroom.

     §302A-    Definitions.  As used in this part:

     "Braille" has the same meaning as defined in section 302A‑442.5.

     "Braille educational services" means any of the following:

     (1)  Assessment of an eligible low vision or blind student to evaluate the student's reading and writing ability, needs, and appropriate reading and writing media, including an evaluation of the student's current and future needs for instruction in Braille or the use of Braille;

     (2)  Instruction in Braille reading and writing; and

     (3)  Provision of Braille instructional materials.

     "Braille instructional materials" means print instructional materials as defined in section 302A-442.5, that are produced in Braille.

     "Eligible low vision or blind student" means an eligible student as defined in section 302A-442.5, who has low vision or blindness.

     "Individualized education program" or "IEP team" have the same meanings as defined in section 614(d) of the Individuals with Disabilities Education Act, title 20 United States Code section 1414(d).

     "Section 504 plan" or "section 504 plan team" means the documentation of needs and provision of services developed by a team assembled to ensure equal educational opportunity to a student with a disability pursuant to section 504 of the Rehabilitation Act of 1973, as amended.

     §302A-    Low vision or blind students; Braille instructional materials; educational services.  (a)  To ensure equal educational opportunities in accordance with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414d), as amended, the section 504 plan or individualized education program, as appropriate, for a low vision or blind student shall provide each student the opportunity to receive Braille educational services in accordance with this part.

     (b)  Any section 504 plan and individualized education program, prepared for a low vision or blind student shall include results of the initial or most recent assessments of the student's reading and writing ability, needs, and appropriate reading and writing media, including an evaluation of the student's current and future needs for instruction in Braille or the use of Braille.

     (c)  Braille educational services that include Braille instruction and Braille instructional materials shall be provided under an individualized education program prepared for the student, and shall document the services, schedule, duration, and expected outcomes and identify the Braille instructional materials, including assurance that the materials will be provided at the same time the corresponding print instructional materials are provided to all other students in accordance with section 302A-0442.5(e); provided that if original Braille instructional materials are not available or have not arrived at the student's school, substitute Braille instructional materials shall be provided concurrent with the distribution of print instructional materials for all other students in accordance with section 302A-442.5(e).

     (d)  Braille educational services that include Braille instructional materials, but not Braille reading and writing instruction, shall be provided under a section 504 plan or an individualized education program, as appropriate, including documentation of the materials and assurance that the materials, or substitute Braille instructional materials when original materials have not arrived, shall be provided concurrent with the distribution of print instructional materials for all other students in accordance with section 302A-442.5(e).

     (e)  The section 504 plans or individualized education programs, as appropriate, prepared for low vision or blind students, shall provide Braille instruction and Braille instructional materials in accordance with subsections (c) and (d).  If consideration of the initial or most recent assessments required under subsection (b) support a determination by the section 504 plan team or IEP team that Braille instruction or Braille instructional materials are not appropriate for the student, that determination shall be documented in the section 504 plan or individualized education program.  Supporting documentation shall include:

     (1)  The student's visual functioning behaviors and skills in school, including ocular motor function, near and distance vision, and field of vision;

     (2)  Results of the reading and writing skills and media assessments, identifying the assessment tools and methods used;

     (3)  Evaluation results of the student's current and future needs for Braille instruction and the use of Braille;

     (4)  Identification of all accommodations and services provided to meet the student's reading and writing needs resulting from the student's low vision or blindness; and

     (5)  The date of any new assessment agreed upon by the IEP team.

     §302A-    Braille literacy resource center; establishment.  (a)  The department shall establish and maintain a Braille literacy resource center that shall be available for students with special needs.  The Braille literacy resource center shall:

     (1)  Advocate for Braille educational services to be provided to eligible low vision or blind students;

     (2)  Obtain Braille instructional materials as needed to fulfill section 504 plans or individualized education programs in effect for eligible low vision or blind students; provided that preference shall be given to in-state suppliers when possible;

     (3)  Acquire, maintain, and make available studies, reports, and other authoritative information about the efficacy of Braille educational services;

     (4)  Cooperate with the department of human services when requested to submit information necessary to maintain a register of the blind in the State pursuant to section 347-6;

     (5)  Provide eligible low vision or blind students' parents or legal guardians, and the students, as appropriate, with comprehensive information about Braille literacy services, assistive technology devices, and assistive technology services, including tools and options available to assess the student's literacy needs and educational programming options; and

     (6)  Participate in the development of section 504 plans and individualized education programs when requested.

     (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 (20 U.S.C. 101 et seq.), as amended.

     (c)  The department may adopt rules pursuant to chapter 91 to carry out the purposes of this section."

     SECTION 3.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment and operation of the Braille literacy resource center.

     The sums appropriated shall be expended by the department of education for the purposes of this Act.

     SECTION 4.  This Act shall take effect on July 1, 2050.

Report Title:

DOE; Braille; Low Vision or Blind Students; Individualized Educational Programs; Section 504 Plans; Braille Instruction; Print Instructional Materials; Braille Literacy Resource Center; Rules; Appropriations

Description:

Establishes Braille literacy as a policy of the State.  Requires literacy assessments for eligible low vision and blind students to include Braille instruction and the use of Braille.  Authorizes the Department of Education to adopt administrative rules.  Establishes the Braille Literacy Resource Center.  Appropriates funds.  Effective 7/1/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to braille literacy.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that literacy skills are fundamental to success in education, employment, and life for all members of society, including individuals with low vision and blindness.  Braille is a tactile writing system that allows low vision and blind individuals to read by touch using a system of raised dots that represent letters, numbers, and symbols.  Braille literacy skills are widely understood as essential for low vision and blind students to actively learn, seek and maintain remunerative employment, engage in cultural enrichment and hobbies, and access opportunities in life regardless of disability.

     According to a 2018 study conducted by the Journal of Blindness Innovation and Research, "individuals who were primary Braille readers since childhood had greater life satisfaction, self-esteem, and job satisfaction than individuals who reported not using Braille as their primary reading medium during childhood."  Additionally, the study found that "[f]indings support the premise that Braille literacy is key to life satisfaction and self-esteem in addition to academic and job success" and that those who are Braille literate are more likely to gain high-quality employment."

     According to the Centers for Disease Control and Prevention, more than twenty-four thousand people statewide report low vision or blindness.  The department of education exceptional support branch supports complex areas to support students with disabilities, including low vision or blindness.  Presently, one hundred sixty students in kindergarten through twelfth grade are registered with the American Printing House for the Blind to receive special education materials.  However, only seventeen students have Braille services in their special education programs, creating a significant gap for students to receive equitable educational opportunities.  With limited resources contingent upon individual student needs, a proactive approach is imperative to ensure equity for students with low vision or blindness to succeed in the classroom and prepare for future careers and life goals.

     The legislature further finds that it is in the interest of the State to make Braille literacy educational services available to all students and members of the greater educational community.  Therefore, it is necessary for the State to promote Braille instruction and timely access to Braille instructional materials for low vision or blind students, parents, teachers, and other school personnel.

     Accordingly, the purpose of this Act is to:

     (1)  Establish requirements for access to Braille instructional materials;

     (2)  Require Braille educational services for students with low vision or blindness to assess individual student abilities and needs; and

     (3)  Establish a Braille literacy resource center within the department of education. 

     This Act shall be known and cited as the Hawaii Braille Literacy Education Act.

     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 SErvices

     §302A-    Purpose.  It is a policy of the State to promote Braille literacy and support the provision of Braille educational services needed for eligible low vision or blind students to participate fully in school and prepare students for life beyond the classroom.

     §302A-    Definitions.  As used in this part:

     "Braille" has the same meaning as defined in section 302A‑442.5.

     "Braille educational services" means any of the following:

     (1)  Assessment of an eligible low vision or blind student to evaluate the student's reading and writing ability, needs, and appropriate reading and writing media, including an evaluation of the student's current and future needs for instruction in Braille or the use of Braille;

     (2)  Instruction in Braille reading and writing; and

     (3)  Provision of Braille instructional materials.

     "Braille instructional materials" means print instructional materials as defined in section 302A-442.5, that are produced in Braille.

     "Eligible low vision or blind student" means an eligible student as defined in section 302A-442.5, who has low vision or blindness.

     "Individualized education program" or "IEP team" have the same meanings as defined in section 614(d) of the Individuals with Disabilities Education Act, title 20 United States Code section 1414(d).

     "Section 504 plan" or "section 504 plan team" means the documentation of needs and provision of services developed by a team assembled to ensure equal educational opportunity to a student with a disability pursuant to section 504 of the Rehabilitation Act of 1973, as amended.

     §302A-    Low vision or blind students; Braille instructional materials; educational services.  (a)  To ensure equal educational opportunities in accordance with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414d), as amended, the section 504 plan or individualized education program, as appropriate, for a low vision or blind student shall provide each student the opportunity to receive Braille educational services in accordance with this part.

     (b)  Any section 504 plan and individualized education program, prepared for a low vision or blind student shall include results of assessments of the student's reading and writing ability, needs, and appropriate reading and writing media, including an evaluation of the student's current and future needs for instruction in Braille or the use of Braille.

     (c)  Braille educational services that include Braille instruction and Braille instructional materials shall be provided under an individualized education program prepared for the student, and shall document the services, schedule, duration, and expected outcomes and identify the Braille instructional materials, including assurance that the materials will be provided at the same time the corresponding print instructional materials are provided to all other students in accordance with section 302A-0442.5(e); provided that if original Braille instructional materials are not available or have not arrived at the student's school, substitute Braille instructional materials shall be provided concurrent with the distribution of print instructional materials for all other students in accordance with section 302A-442.5(e).

     (d)  Braille educational services that include Braille instructional materials, but not Braille reading and writing instruction, shall be provided under a section 504 plan or an individualized education program, as appropriate, including documentation of the materials and assurance that the materials, or substitute Braille instructional materials when original materials have not arrived, shall be provided concurrent with the distribution of print instructional materials for all other students in accordance with section 302A-442.5(e).

     (e)  The section 504 plans or individualized education programs, as appropriate, prepared for low vision or blind students shall provide Braille instruction and Braille instructional materials in accordance with subsections (c) and (d); provided that, on an individual basis, the assessments required under subsection (b) support a determination by the plan or IEP team that Braille instruction or Braille instructional materials are not appropriate for the student. Supporting documentation shall include:

     (1)  The student's visual functioning behaviors and skills in school, including ocular motor function, near and distance vision, and field of vision;

     (2)  Results of the reading and writing skills and media assessments, identifying the assessment tools and methods used;

     (3)  Evaluation results of the student's current and future needs for Braille instruction and the use of Braille;

     (4)  Identification of all accommodations and services provided to meet the student's reading and writing needs resulting from the student's low vision or blindness; and

     (5)  The date of the next assessments to be made under subsection (b).

     §302A-    Braille literacy resource center; establishment.  (a)  The department shall establish and maintain a Braille literacy resource center that shall be available for students with special needs.  The Braille literacy resource center shall:

     (1)  Advocate for Braille educational services to be provided to eligible low vision or blind students;

     (2)  Obtain Braille instructional materials as needed to fulfill section 504 plans or individualized education programs in effect for eligible low vision or blind students; provided that preference shall be given to in-state suppliers when possible;

     (3)  Acquire, maintain, and make available studies, reports, and other authoritative information about the efficacy of Braille educational services;

     (4)  Cooperate with the department of human services when requested to submit information necessary to maintain a register of the blind in the State pursuant to section 347-6;

     (5)  Provide eligible low vision or blind students' parents or legal guardians, and the students, as appropriate, with comprehensive information about Braille literacy services, assistive technology devices, and assistive technology services, including tools and options available to assess the student's literacy needs and educational programming options; and

     (6)  Participate in the development of section 504 plans and individualized education programs when requested.

     (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 (20 U.S.C. 101 et seq.), as amended.

     (c)  The department may adopt rules pursuant to chapter 91 to carry out the purposes of this section."

     SECTION 3.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment and operation of the Braille literacy resource center.

     The sums appropriated shall be expended by the department of education for the purposes of this Act.

     SECTION 4.  This Act shall take effect on July 1, 2025.

Report Title:

DOE; Braille; Low Vision or Blind Students; Individualized Educational Programs; Section 504 Plans; Braille Instruction; Print Instructional Materials; Braille Literacy Resource Center; Rules; Appropriations

Description:

Establishes Braille literacy as a policy of the State.  Requires literacy assessments for eligible low vision and blind students to include Braille instruction and the use of Braille.  Authorizes the Department of Education to adopt administrative rules.  Establishes the Braille Literacy Resource Center.  Appropriates funds.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 340

Honolulu, Hawaii

RE:    S.B. No. 530

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Education and Health and Human Services, to which was referred S.B. No. 530 entitled:

"A BILL FOR AN ACT RELATING TO BRAILLE LITERACY,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish Braille literacy as a policy of the State;

     (2)  Require literacy assessments for eligible low vision and blind students to include Braille instruction and the use of Braille;

     (3)  Authorize the Department of Education to adopt administrative rules;

     (4)  Establish the Braille Literacy Resource Center; and

     (5)  Appropriate funds.

     Your Committees received testimony in support of this measure from the Department of Education, Department of Human Services, Hawaii Disability Rights Center, National Federation of the Blind of Hawaii, and seven individuals.

     Your Committees received comments on this measure from the Department of the Attorney General.

     Your Committees find that there are approximately twenty-five thousand low vision or blind residents across the State.  Presently, the Department of Human Services offers Hoopono Services for the Blind to assist individuals with low vision or blindness who are seeking higher education and competitive, integrated employment.  However, integration of Braille into the Department of Education would allow for more students with low vision or blindness to integrate into educational settings while receiving a high-quality education.  Therefore, this measure promotes educational equity to ensure all students are globally competitive for the twenty-first century world.

     Your Committees have amended this measure by:

     (1)  Clarifying that any section 504 plan and individualized education program shall include results of the initial or most recent assessments;

     (2)  Clarifying that if consideration of the initial or most recent assessments required support a determination by the section 504 plan team or IEP team that Braille instruction or Braille instructional materials are not appropriate for the student, that determination shall be documented in the section 504 plan or individualized education program;

     (3)  Specifying that the date of any new assessment agreed upon by the IEP team shall be included in supporting documentation;

     (4)  Changing the appropriation to an unspecified amount; and

     (5)  Inserting an effective date of July 1, 2050, to encourage further discussion.

     Your Committees note that this measure, as amended, contains an unspecified appropriation amount.  Should your Committee on Ways and Means choose to deliberate on this measure, your Committee respectfully requests that it consider inserting an appropriation amount of $300,000 for the establishment and operation of the Braille Literacy Resource Center.

     As affirmed by the records of votes of the members of your Committees on Education and Health and Human Services that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 530, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 530, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Education and Health and Human Services,