HF 431

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to higher education; regulating the
accessibility of instructional materials for students
with a disability requiring a reading accommodation;
proposing coding for new law in Minnesota Statutes,
chapter 135A.

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

Section 1.

new text begin [135A.161] TEXTBOOK ACCESSIBILITY;
DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of this section
and section 135A.162, the terms defined in this section have the
meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Alternative format. new text end

new text begin "Alternative format" means
any medium or format for the presentation of instructional
materials, other than standard print, needed by a student with a
disability for a reading accommodation, including, but not
limited to, Braille, large-print texts, audio recordings,
digital texts, and digital talking books.
new text end

new text begin Subd. 3. new text end

new text begin Instructional material. new text end

new text begin "Instructional material"
means printed or nonprinted material published, or produced
primarily for use by students in a postsecondary course of study
in which a student with a disability requiring a reading
accommodation is enrolled, that is required or essential, as
determined by the course instructor. Instructional material
includes the text portions of mathematics and science material
and nontextual mathematics and science material to the extent
that software is commercially available to permit its conversion
into a format that is compatible with assistive technologies.
new text end

new text begin Subd. 4. new text end

new text begin Publisher. new text end

new text begin "Publisher" means an individual,
firm, partnership, corporation, postsecondary institution, or
other entity that publishes or produces instructional material
used by students attending a public or private postsecondary
education institution.
new text end

new text begin Subd. 5. new text end

new text begin State repository for alternative format
instructional materials or repository. new text end

new text begin "State repository for
alternative format instructional materials" or "repository"
means a consortium established by the State Services for the
Blind to serve as a repository for electronic files or
alternative format instructional materials obtained from
publishers, produced by institutions, or received through other
means.
new text end

new text begin Subd. 6. new text end

new text begin Structural integrity. new text end

new text begin "Structural integrity"
means the inclusion of all of the information provided in
printed instructional material, including, but not limited to,
the text of the material sidebars, the table of contents,
chapter headings and subheadings, footnotes, indexes, and
glossaries, but need not include nontextual elements such as
pictures, illustrations, graphs, or charts.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning with
enrollments for the fall of 2005.
new text end

Sec. 2.

new text begin [135A.162] TEXTBOOK AVAILABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Obligation of publisher to furnish. new text end

new text begin A
publisher must provide to a postsecondary education institution
and to the state repository for alternative format instructional
material, at no cost, instructional material in an electronic
format that:
new text end

new text begin (1) maintains the structural integrity of the original
instructional material;
new text end

new text begin (2) includes corrections and revisions, as necessary;
new text end

new text begin (3) meets the standards for compatibility established by
the State Services for the Blind; and
new text end

new text begin (4) is in a format that is designated by the state
repository for alternative format instructional material.
new text end

new text begin Subd. 2. new text end

new text begin Deadline for compliance. new text end

new text begin A publisher must
transmit or otherwise send an electronic format version of
requested instructional material within 15 working days of
receipt of an appropriately completed request.
new text end

new text begin Subd. 3. new text end

new text begin Requirements to receive electronic format. new text end

new text begin (a)
To receive an electronic format version of instructional
material, a written request must be submitted to the publisher
that certifies:
new text end

new text begin (1) the instructional material has been purchased for use
by a postsecondary student with a disability that requires a
reading accommodation;
new text end

new text begin (2) the instructional material is for use by the student in
connection with a course in which the student is registered or
enrolled; and
new text end

new text begin (3) the electronic copy of the instructional material will
be used solely for the student's own educational purposes.
new text end

new text begin (b) The written request to the publisher must be signed by:
new text end

new text begin (1) an authorized representative of the postsecondary
institution; or
new text end

new text begin (2) an authorized representative of the state repository
for alternative format instructional material.
new text end

new text begin Subd. 4. new text end

new text begin Repository designation. new text end

new text begin (a) The State Services
for the Blind must, to the extent funds are available, establish
the state repository for alternative format instructional
material to serve as a state repository for electronic files and
alternative format materials for the purpose of facilitating the
timely access of appropriate alternative instructional material
by postsecondary students with a disability.
new text end

new text begin (b) The state repository for alternative format
instructional material may receive electronic files and
alternative format material from:
new text end

new text begin (1) publishers;
new text end

new text begin (2) postsecondary education institutions that have produced
alternative material for use by a student with a disability that
requires a reading accommodation; or
new text end

new text begin (3) other sources.
new text end

new text begin (c) The repository must provide copies of electronic files
and alternative format material to postsecondary education
institutions in Minnesota at no cost to the institution or the
student.
new text end

new text begin (d) The repository may submit requests for electronic files
to publishers on behalf of postsecondary institutions.
new text end

new text begin Subd. 5. new text end [STUDENT'S TIMELY RECEIPT OF MATERIAL.] new text begin The State
Services for the Blind shall work with representatives of each
postsecondary institution to develop policies and procedures
designed to ensure, to the maximum extent possible, that
students with disabilities that require a reading accommodation
have access to instructional material in appropriate alternative
formats within the first week of class or prior to distribution
of the instructional material to the class.
new text end

new text begin An institution must share alternative format versions of
instructional material produced by the institution with:
new text end

new text begin (1) the repository;
new text end

new text begin (2) a Minnesota postsecondary education institution serving
a student with a disability that requires a reading
accommodation; and
new text end

new text begin (3) an authorized entity as defined under United States
Code, title 17, section 121, that commonly provides alternative
format material for use by students in Minnesota educational
institutions.
new text end

new text begin Subd. 6. new text end

new text begin Copyright protection. new text end

new text begin The disk or file of an
electronic format version of instructional material used
directly by a student shall be copy-protected, or reasonable
precautions shall be taken by the postsecondary institution to
ensure that the student does not copy or distribute the
electronic format version in violation of the Copyright
Revisions Act of 1976, as amended, United States Code, title 17,
sections 101 et seq.
new text end

new text begin Subd. 7. new text end

new text begin Infringement not authorized. new text end

new text begin Nothing in this
section shall be deemed to authorize any use of instructional
material that would constitute an infringement of copyright
under the Copyright Revisions Act of 1976, as amended, United
States Code, title 17, sections 101 et seq.
new text end

new text begin Subd. 8. new text end

new text begin Continuing obligation to provide alternative
format instructional material. new text end

new text begin Any postsecondary institution
that receives state funding as a direct appropriation or through
participation in state-funded financial aid programs under
chapter 136A, must comply with the requirements of this
section. Failure to comply with the requirements of this
section may cause one or both of the following conditions to
occur:
new text end

new text begin (1) the commissioner of finance may reduce or withhold
payment of state appropriations from the institution; or
new text end

new text begin (2) the director of the Higher Education Services Office
may reduce or revoke the participation of the institution in the
financial aid programs funded with state appropriations and
administered by the office.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning with
enrollments for the fall of 2005.
new text end