HB2792 - 502R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-214, Arizona Revised Statutes, is amended to read:

START_STATUTE15-214. Braille literacy; definitions

A. The state board of education shall adopt rules to promote braille literacy that:

1. Assure Ensure that each blind pupil receives an individualized braille literacy assessment and appropriate educational services resulting from the assessment, establish standards of proficiency and instruction, provide materials in a computer accessible format capable of braille reproduction and require that certified teachers of visually impaired pupils meet braille competencies as specified in this section.

2. Assure Ensure that, in developing the individualized written education program for each blind pupil, the presumption shall be that proficiency in braille is essential for that pupil to achieve satisfactory educational progress. Braille instruction and use are not required by this section if, in the course of developing the pupil's individualized education program, all members of the team concur that the pupil's visual impairment does not affect reading and writing performance commensurate with ability. Nothing in this section requires the exclusive use of braille if other special education services are appropriate to the pupil's educational needs. The provision of other appropriate services does not preclude braille use or instruction.

3. Assure Ensure that instruction in braille is sufficient to enable each blind pupil to communicate effectively and efficiently in all subject areas with the same level of proficiency expected of the pupil's peers of comparable ability and grade level. The pupil's individualized education program shall specify:

(a) The results of a braille assessment.

(b) The methods by which braille will be implemented.

(d) The length of the period of instruction and the frequency and duration of each instructional session.

(e) The level of competency in braille to be achieved by the end of the period of instruction and a description of the objective measures to be used to evaluate the pupil's level of competency.

(f) A list of the appropriate braille materials and equipment needed to allow the pupil to achieve the level of competency specified in the individualized education program.

(g) The rationale for not providing braille if braille is not determined to be an appropriate medium.

4. Assure that the department of education shall require all publishers of textbooks to furnish the department with computer diskettes for literary and nonliterary subjects when diskettes become available for nonliterary subjects, in a standard format approved by the department of education from which braille versions of the textbook can be produced.

5. Assure that teachers certified in the education of blind and visually impaired pupils in this state on or after July 1, 1997 shall be required to demonstrate competence in braille. Competence shall be measured by either:

(a) Successful completion of a nationally validated test, when such a test is available.

(b) Successful completion of a braille test developed in the program in visual impairment at the university of Arizona.

B. A publisher that prints instructional materials for pupils attending public schools shall provide, on request of the department of education, any printed instructional materials in an alternate accessible electronic format mutually agreed on by the publisher and the department of education. The format used shall include any nationally recognized or generally accepted standard for conversion of publisher files to Braille, including any technical standards used by publishers to produce source files that may be used to develop multiple specialized formats for pupils with print disabilities. If a nationally recognized or generally accepted standard is not appropriate, publishers shall provide the file in another mutually agreed on electronic format.

C. A public school may use the electronic version of printed instructional materials that is provided pursuant to this section to transcribe or arrange for the transcription of the printed instructional materials into an alternate accessible format. The school may provide the alternate accessible format copy of the printed instructional materials to pupils as permitted by federal copyright law. The electronic version of the printed instructional materials shall:

1. Comply with any applicable federal standard.

2. Maintain the structural integrity of the printed instructional materials. Publishers are encouraged to include a brief textual description of any nontextual element when it is essential for the pupil's understanding and to mention the nontextual element when a description is not practical.

3. Contain corrections and final revisions, if applicable.

D. The publisher shall provide the electronic versions of the printed instructional materials to the school at no additional cost and within ten business days after receipt of a written request from the school.

E. A publisher may require that the written request prescribed in subsection d of this section include a statement signed by the public school's representative agreeing that:

1. The electronic version of the printed instructional materials will be used solely for the pupil's educational purposes.

2. the pupil will not copy, publish or in any other way distribute the electronic version for use by anyone other than the original pupil, except that the school may provide the electronic version to another qualifying pupil who has signed a statement agreeing to the terms contained in this section, unless otherwise permitted by federal law.

F. A publisher who manufactures instructional materials using any type of video or audio format, CD‑ROM or other digital formats for pupils attending public schools, on request and to the maximum extent practicable, shall provide an electronic version of the instructional materials or, if an electronic version is not available, provide other accessible versions of the instructional materials, subject to the same conditions and limitations prescribed by law for printed instructional materials.

G. This section does not authorize any use of electronic versions of instructional materials that would constitute an infringement of copyright pursuant to applicable federal copyright law.

H. The department of education shall adopt guidelines consistent with this section for the implementation and administration of this section. The guidelines shall include all of the following:

1. The designation of instructional materials deemed required or essential to pupil success.

2. Definitions that clarify what constitutes nontextual mathematics or science instructional materials that use mathematical notations and that clarify a publisher's obligations with respect to these instructional materials.

3. Definitions that clarify what is required to maintain structural integrity and requirements for textual descriptions of pictures, illustrations, graphs and charts.

4. Requirements for approval and procurement of textbooks that are available in an electronic format and procedures for suspension of a publisher from the procurement process if the publisher fails to comply with this section.

5. An administrative complaint process for complaints against a publisher.

6. Definitions that clarify what constitutes educational purposes.

7. Any other matters the department deems necessary or appropriate to carry out the purposes of this section.

I. Beginning July 1, 2014, the department of education shall ensure that teachers who are certified in the education of blind and visually impaired pupils in this state be required to demonstrate competence in braille by passing a test before certification and every five years thereafter. Competence in braille shall be measured by successful completion of a national literary braille competency test.

B. J. As used in For the purposes of this section: ,

1. "Alternate accessible format" means an alternative to traditional print, including Braille and electronic files.

2. "Blind pupil" means a pupil who is accepted at, enrolled in or attending a public school and who meets one or more of the following conditions:

1. (a) Cannot successfully use vision as a primary and efficient channel for learning.

2. (b) Exhibits such a low degree or amount of visual acuity or visual field that vision is not considered as a primary mode of learning.

3. (c) Has a medically indicated prognosis of visual deterioration resulting in a condition that prevents the pupil from successfully using vision as a primary and efficient channel for learning.

3. "Braille" means the tactile system of reading and writing used by persons who are blind and visually impaired, including computer code, nemeth numeric and scientific code, music code and use of the abacus.

4. "Instructional materials" means textbooks and other materials that are required for or essential to success in a course of study, including teacher's editions.

5. "Structural integrity" means the inclusion of all of the printed instructional materials, including the text of the material, sidebars, table of contents, chapter headings and subheadings, footnotes, indexes, glossaries and bibliographies. Structural integrity does not include nontextual elements such as pictures, illustrations, graphs or charts.

6. "Textbook" means a book, a system of instructional materials or a combination of a book and supplementary instructional materials that conveys information to the pupil or that otherwise contributes to the learning process, including electronic textbooks. END_STATUTE

Sec. 2. Title 15, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 15-249.03, to read:

START_STATUTE15-249.03. Basic skills lists

A. In addition to the academic standards adopted pursuant to sections 15-701 and 15-701.01, the state board of education, in cooperation and communication with school districts, charter schools, community college districts, the Arizona board of regents and universities, shall annually publish both of the following:

1. A list of basic skills that a pupil should possess in order to be placed in a particular grade level, including kindergarten programs.

2. A list of basic skills that should be acquired by a pupil by the end of a particular grade level, including kindergarten programs.

B. The lists of basic skills prescribed in this section shall be provided to each school district and charter school in this state, posted in a prominent location at each school site and posted on the website of the department of education.

C. A school district or charter school shall notify parents and guardians of pupils of the requirements of this section and provide copies of the lists of basic skills prescribed in this section to any person on request.

D. This section shall not be construed to alter the promotion or retention of pupils from one grade level to another grade level. Promotion or retention of pupils shall be pursuant to sections 15‑521, 15‑701 and 15‑701.01. END_STATUTE

Sec. 3. Title 15, chapter 13, article 2, Arizona Revised Statutes, is amended by adding section 15-1650.02, to read:

START_STATUTE15-1650.02. Basic skills and prerequisites lists

A. In addition to the transfer articulation coordination requirements prescribed in section 15‑1824, the Arizona board of regents, in cooperation and communication with the universities under its jurisdiction, the community college districts in this state, school districts, charter schools and the state board of education, shall annually publish both of the following:

1. A list of basic skills and prerequisite courses that a student should possess in order to be accepted for admission into a community college or university in this state.

2. A list of basic skills and prerequisite courses that should be acquired by a student in order to be admitted into a particular postsecondary education program of study.

B. The lists of basic skills and prerequisites prescribed in this section shall be provided to universities under the jurisdiction of the Arizona board of regents and to each community college district in this state, posted in a prominent location at each campus and posted on the website of the Arizona board of regents.

C. A university under the jurisdiction of the Arizona board of regents or a community college district shall notify students of the requirements of this section and provide copies of the lists of basic skills and prerequisites prescribed in this section to any person on request. END_STATUTE