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A bill to be entitled

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An act relating to literacy education for blind persons;

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amending s. 1003.55, F.S.; requiring that instruction in

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braille be part of the individualized education program

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for a child who is blind or visually impaired; providing

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exceptions and conditions to that requirement; providing

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standards for such instruction and specifying contents of

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the individualized education program; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (4) of section 1003.55, Florida

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Statutes, is amended to read:

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     1003.55  Instructional programs for blind or visually

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impaired students and deaf or hard-of-hearing students.--

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     (4)(a) In developing an individualized written education

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program for each blind student, the presumption shall be that

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blind students can communicate effectively and efficiently with

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the same level of proficiency expected of the students' peers of

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comparable ability and grade level. Accordingly, in developing

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the individualized education program for a child who is blind or

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visually impaired, provision must be made for instruction in

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braille and the use of braille unless the team developing the

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individualized education program unanimously agrees, based on an

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evaluation of the child's reading and writing skills and needs

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and of appropriate reading and writing media, including, but not

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limited to, an evaluation of the child's future needs for

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instruction in braille or the use of braille, that such

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instruction or use is not appropriate for the child proficiency

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in reading and writing braille shall be considered during the

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individualized planning and assessment processes in this context.

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This section does not require the exclusive use of braille if

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other special education services are appropriate to the child's

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educational needs. The provision of appropriate services does not

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preclude braille use or instruction.

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     (b) Instruction in braille reading and writing must be

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sufficient to enable each blind or visually impaired child to

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communicate effectively and efficiently at the same level of

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proficiency expected of the child's peers of comparable ability

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and grade level. The child's individualized education program

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must specify:

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     1. The results obtained from the evaluations required under

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paragraph (a);

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     2. How braille will be implemented as the primary mode for

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learning through integration with other classroom activities;

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     3. The date on which braille instruction will commence;

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     4. The length of the period of instruction and the

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frequency and duration of each instructional session;

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     5. The level of competency in braille reading and writing

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to be achieved by the end of the period and the objective

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assessment measures to be used; and

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     6. If a decision has been made under paragraph (a) that

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braille instruction or use is not required for the child:

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     a. That the decision was reached after a review of

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pertinent literature describing the educational benefits of

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braille instruction and use; and

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     b. The evidence used to determine that the child's ability

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to read and write effectively without special education services

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is not impaired.

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     Section 2.  This act shall take effect July 1, 2008.