BILL NUMBER: AB 306 CHAPTERED 10/11/01 CHAPTER 736 FILED WITH SECRETARY OF STATE OCTOBER 11,2001 PASSED THE ASSEMBLY SEPTEMBER 14, 2001 PASSED THE SENATE SEPTEMBER 12, 2001 AMENDED IN SENATE SEPTEMBER 4, 2001 AMENDED IN SENATE JULY 18, 2001 AMENDED IN SENATE JULY 5, 2001 AMENDED IN ASSEMBLY MAY 31, 2001 INTRODUCED BY Assembly Member Frommer (Principal coauthor: Senator Polanco) (Coauthors: Assembly Members Diaz, Firebaugh, Florez, Havice, Jackson, Koretz, Leach, Lowenthal, Robert Pacheco, Salinas, Steinberg, Washington, and Wesson) (Coauthors: Senators Alpert, Burton, Figueroa, Kuehl, Perata, and Romero) FEBRUARY 16, 2001 An act to amend Sections 56352 and 60061 of, and to add Section 56351.5 to, the Education Code, relating to special education, and making an appropriation therefor. (Approved by Governor October 10, 2001. Filed with Secretary of State October 11, 2001.) I am signing Assembly Bill 306 with a deletion. This bill would authorize local education agencies (LEA) to reinforce Braille instruction using a Braille instructional aide; allow Braille instruction for the functionally blind, require LEAs to provide instructional aides with notification of the specified teaching credential programs listed in the bill; appropriate $227,000 General Fund to the California Community Colleges to offer additional training in Braille and require publishers of instructional materials to provide the state with free electronic versions of each state adopted literary title if the publisher doesn't already offer a large print version or other specialized media version. I believe this bill will encourage earlier and greater Braille proficiency and lead to greater employment levels for Californians who are blind. However, given the rapid decline of our economy and a budget shortfall of $1.1 billion through the first three months of this fiscal year alone, I have no choice but to reduce the appropriation in the bill from $227,000 General Fund to $100,000 General Fund. GRAY DAVIS, Governor LEGISLATIVE COUNSEL'S DIGEST AB 306, Frommer. Special education. (1) Existing law requires braille instruction to be provided by a teacher credentialed to teach pupils who are functionally blind. Existing related regulations authorize holders of certain credentials to teach children with disabilities in a special day class in which the primary disability is visual impairment including blindness. This bill would authorize a school district, special education local plan area, or county office of education to reinforce braille instruction using a braille instructional aide who meets certain criteria and is under the supervision of a teacher who holds an appropriate credential, as determined by the Commission on Teacher Credentialing, to teach pupils who are functionally blind or visually impaired. (2) Existing law provides for the adoption and selection of quality instructional materials for use in elementary and secondary schools, and imposes requirements upon publishers and manufacturers, including, but not limited to, the requirement that they provide to the state, at no cost, the right to transcribe, reproduce, and distribute the material in braille, large print, recordings, or other accessible media for use by pupils with visual disabilities, including computer diskette versions of print materials if made available to any other state, and those corrections and revisions as may be necessary. This bill would delete the provision that requires a publisher or manufacturer to provide computer diskette versions of print material if made available to any other state, and instead, would require computer files or electronic versions of each state-adopted literary title to be provided within 30 days of request by the state, and computer files or other electronic versions of nonliterary titles, including science and math, to be provided when technology is available to convert those materials. This bill would appropriate $227,000 for allocation to at least 15 community college districts throughout the state to enable each district to offer at least one additional course to train individuals in braille instruction. The funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) This state is in need of more credentialed teachers who are able to teach braille to visually impaired pupils. (b) It is vitally important for visually impaired individuals to learn braille. There is a direct correlation between braille literacy and the level of employment and education attained by people who are visually impaired and blind. (c) This state should ensure that visually impaired pupils are able to read at the same level as their peers. SEC. 2. Section 56351.5 is added to the Education Code, to read: 56351.5. (a) (1) A school district, special education local plan area, or county office of education may reinforce braille instruction using a braille instructional aide who meets the criteria set forth in paragraph (2) under the supervision of a teacher who holds an appropriate credential, as determined by the Commission on Teacher Credentialing, to teach pupils who are functionally blind or visually impaired. This instruction shall be in accordance with the pupil's individualized education program. (2) For purposes of this section, a braille instructional aide shall demonstrate to the supervising teacher that he or she is fluent in reading and writing grade 2 braille and possesses basic knowledge of the rules of braille construction. (b) Any school district, special education local plan area, or county office of education that employs a braille instructional aide shall provide the aide with information regarding teaching credential programs, including the Pre-Internship Teaching Program (Article 5.6 (commencing with Section 44305) of Chapter 2 of Part 25), the Wildman-Keeley-Solis Exemplary Teacher Training Act of 1997 (Article 12 (commencing with Section 44390) of Chapter 2 of Part 25), and the Teacher Education Internship Act of 1967 (Article 3 (commencing with Section 44450) of Chapter 3 of Part 25). SEC. 2. Section 56352 of the Education Code is amended to read: 56352. (a) A functional vision assessment conducted pursuant to Section 56320 shall be used as one criterion in determining the appropriate reading medium or media for the pupil. (b) An assessment of braille skills shall be required for functionally blind pupils who have the ability to read in accordance with guidelines established pursuant to Section 56136. A school district, special education local plan area, or county office of education may provide pupils with low vision with the opportunity to receive assessments to determine the appropriate reading medium or media, including braille instruction, for the pupils. (c) The determination, by a pupil's individualized education program team, of the most appropriate medium or media, including braille, for functionally blind pupils who have the ability to read shall use as one criterion the assessment provided for pursuant to subdivision (b) and shall be in accordance with guidelines established pursuant to Section 56136. (d) Except as provided in subdivision (b) of Section 56351.5, braille instruction shall be provided by a teacher who holds an appropriate credential, as determined by the Commission on Teacher Credentialing, to teach pupils who are functionally blind or visually impaired. (e) Each visually impaired pupil shall be provided with the opportunity to receive an assessment to determine the appropriate reading medium or media, including braille instruction, if appropriate, for that pupil. SEC. 3. Section 60061 of the Education Code is amended to read: 60061. (a) A publisher or manufacturer shall do all of the following: (1) Furnish the instructional materials offered by the publisher at a price in this state that, including all costs of transportation to that place, does not exceed the lowest price at which the publisher offers those instructional materials for adoption or sale to any state or school district in the United States. (2) Automatically reduce the price of those instructional materials to any governing board to the extent that reductions are made elsewhere in the United States. (3) Provide any instructional materials free of charge in this state to the same extent as that received by any state or school district in the United States. (4) Guarantee that all copies of any instructional materials sold in this state are at least equal in quality to the copies of those instructional materials that are sold elsewhere in the United States, and are kept revised, free from all errors, and up to date as may be required by the state board. (5) Not in any way, directly or indirectly, become associated or connected with any combination in restraint of trade in instructional materials, or enter into any understanding, agreement, or combination to control prices or restrict competition in the sale of instructional materials for use in this state. (6) Maintain a representative, office, or depository in the State of California or arrange with an independently owned and operated depository in the State of California to receive and fill orders for instructional materials. (7) Provide to the state, at no cost, computer files or other electronic versions of each state-adopted literary title and the right to transcribe, reproduce, modify, and distribute the material in braille, large print if the publisher does not offer a large print edition, recordings, American Sign Language videos for the deaf, or other specialized accessible media exclusively for use by pupils with visual disabilities or other disabilities that prevent use of standard instructional materials. Computer files or other electronic versions of materials adopted shall be provided within 30 days of request by the state as needed for the purposes described in this subdivision as follows: (A) Computer files or other electronic versions of literary titles shall maintain the structural integrity of the standard instructional materials, be compatible with commonly used braille translation and speech synthesis software, and include corrections and revisions as may be necessary. (B) Computer files or other electronic versions of nonliterary titles, including science and mathematics, shall be provided when technology is available to convert those materials to a format that maintains the structural integrity of the standard instructional materials and is compatible with braille translation and speech synthesis software. (b) Upon the willful failure of the publisher or manufacturer to comply with the requirements of this section, the publisher or manufacturer shall be liable to the governing board in the amount of three times the total sum that the publisher or manufacturer was paid in excess of the price required under paragraphs (1), (2), and (5) of subdivision (a), and in the amount of three times the total value of the instructional materials and services that the governing board is entitled to receive free of charge under subdivision (a). SEC. 4. The sum of two hundred twenty-seven thousand dollars ($227,000) is hereby appropriated from the General Fund to the Chancellor of the California Community Colleges for allocation to at least 15 community college districts located throughout the state to enable each district to offer at least one additional course to train individuals in braille instruction to assist in providing services, as prescribed in this act.