RELATING TO EDUCATION.

HB1894

HOUSE OF REPRESENTATIVES

H.B. NO.

1894

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to education
.

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

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SECTION
1.
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This Act shall be known and may be
cited as the Hawaii Braille Literacy Education Act.

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SECTION 2.
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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.
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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.
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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.

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According to
a 2018 study reported in 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."
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Additionally, the study
reported that "findings 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.

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

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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.
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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.

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Accordingly,
the purpose of this Act is to require the department of education to:

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(1)
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Include the instruction of braille and
provision of braille instructional materials under certain circumstances;

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(2)
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Provide braille literacy support services;

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(3)
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Cooperate with the department of human
services when requested to submit information necessary to maintain a register
of the blind in the State;

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(4)
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Provide comprehensive information about
braille literacy services, assistive technology devices, and assistive
technology services, including educational programming options; and

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(5)
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Participate in the development of section 504
plans and individualized education programs.

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SECTION 3.
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Chapter 302A, Hawaii Revised Statutes, is
amended by adding a new part to be appropriately designated and to read as
follows:

"
Part .
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Braille Services

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�302A-
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Policy.
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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 fully participate in school and prepare students for life
beyond the classroom.

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�302A-
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Definitions.
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For the purposes of this part:

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

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"Braille
educational services" means:

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(1)
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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 assessment of the student's
current and future needs for instruction in braille or the use of braille;

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(2)
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Instruction in braille reading and writing;
and

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(3)
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Provision of braille instructional materials.

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

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

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"Individualized
education program" and "
individualized
education program team
" have the same meanings as in section 614(d) of
the Individuals with Disabilities Education Act (20 U.S.C. section 1414(d)), as
amended.

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"Section
504 plan" and "section 504 plan team" mean the documentation of
needs and provision of services developed by a team assembled to ensure equal
educational opportunity to students with disabilities pursuant to section 504
of the Rehabilitation Act 1973 (29 U.S.C. section 791), as amended.

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�302A-
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Low vision or blind students; braille
instruction; braille instructional materials; educational services.
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(a)
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The
department shall ensure that the section 504 plan or individualized education
program for an eligible low vision or blind student provides each student with
the opportunity to receive braille educational services in accordance with this
part.

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(b)
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Any section 504 plan or individualized
education program prepared for an eligible low vision or blind student shall
consider results of the initial or most recent assessments of the student's
reading and writing ability, needs, and appropriate reading and writing media,
using one or more reading assessment tools, which have been approved by the
department as validated for use with eligible low vision or blind students.

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(c)
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Braille educational services that include braille
instruction and braille instructional materials shall be provided under an
individualized education program prepared for the student, unless the
individualized education program team finds that braille instructional services
or braille instructional materials are not appropriate as determined pursuant
to subsection (e).

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(d)
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Each section 504 plan or individualized
education program that includes the provision of braille instructional
materials shall include an assurance that the materials, or substitute braille
instructional materials, when original materials have not arrived at the
student's school, shall be provided concurrently with the distribution of print
instructional materials for all other students in accordance with section
302A-442.5(e).

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(e)
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Subsection (c) may not apply if consideration
of the initial or most recent assessments required under subsection (b) support
a determination by the section 504 plan team or individualized education
program team that braille instruction or braille instructional materials are
not appropriate for the student, as documented in the section 504 plan or
individualized education program.
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This
determination shall be supported by documentation of:

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(1)
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The student's visual functioning behaviors and
skills in school, including but not limited to ocular motor function and near,
distance, and field of vision, to ensure that the student's visual needs are
addressed;

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

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(3)
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Results of assessments of the student's
current and future needs for braille instruction and the use of braille;

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(4)
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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

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(5)
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The date of any new assessment agreed upon by
the section 504 plan team or individualized education program team.

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�302A-
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Braille literacy support services.
�
(a)
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Braille literacy support services shall be provided by the department
and shall include:

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(1)
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One or more reading media assessment tools
validated for use with low vision or blind students;

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(2)
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Braille instructional materials as needed to
fulfill section 504 plans and individualized education programs; provided that
preference shall be given to braille instructional materials provided by in-state
suppliers when possible; and

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(3)
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Authoritative information about the efficacy
of braille educational services.

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(b)
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The department shall:

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(1)
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Cooperate with the department of human
services when requested to submit information necessary to maintain the
register of the blind in the State pursuant to section 347-6;

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(2)
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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 educational programming
options; and

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(3)
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Participate in the development of section 504
plans and individualized education programs.

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

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DOE;
Braille Instruction; Braille Instruction Materials; Section 504 Plans;
Individualized Education Programs; Braille Literacy Support Services

Description:

Requires
the Department of Education to include the instruction of braille and provision
of braille instructional materials under certain circumstances; provide braille
literacy support services; cooperate with the Department of Human Services when
requested to submit information necessary to maintain a register of the blind
in the State; provide comprehensive information about braille literacy
services, assistive technology devices, and assistive technology services,
including educational programming options; and participate in the development
of section 504 plans and individualized education programs.

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