HF 430

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

A bill for an act
relating to education; establishing a state and school
district preference for textbooks and instructional
materials in alternative formats for students with
disabilities; proposing coding for new law in
Minnesota Statutes, chapter 125A.

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

Section 1.

new text begin [125A.055] DISABLED STUDENTS' ACCESS TO
APPROPRIATE TEXTBOOKS AND INSTRUCTIONAL MATERIALS IN ALTERNATIVE
FORMATS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions that
follow apply to this section.
new text end

new text begin (b) "Student" means a student with a disability under this
chapter who is blind or visually impaired or has another
disability related to a visual deterioration that affects
reading, and who is enrolled in kindergarten through grade 12 in
a public school.
new text end

new text begin (c) "Alternative format" means any medium or format for
presenting textbooks and instructional materials that a student
under this section needs for a reading accommodation other than
standard print.
new text end

new text begin (d) "Braille" means the system of reading and writing
through touch commonly known as standard English Braille,
consistent with section 125A.06.
new text end

new text begin (e) "Comparable version" indicates that all elements of the
print version are present in the electronic version.
new text end

new text begin (f) "Legacy materials" means images and graphics requiring
release and permission from a source other than the publisher.
new text end

new text begin Subd. 2. new text end

new text begin Access to textbooks and instructional
materials. new text end

new text begin A student must have access to alternative formats
for the textbooks and instructional materials that are
appropriate to the student's disability and educational needs
and required by the school district in which the student is
enrolled.
new text end

new text begin Subd. 3. new text end

new text begin Preferential procurement
status. new text end

new text begin Notwithstanding other law to the contrary, school
districts and the department must give preferential procurement
status to textbooks and instructional materials from publishers
that make their textbooks and instructional materials available
in alternative formats for students or that can verify that
accessible format textbooks and instructional materials are
currently available or are in the process of being created by an
entity that commonly provides such materials for students in
Minnesota school districts. The department may establish other
procurement preferences to ensure that students have access to
alternative formats that are appropriate to their needs.
new text end

new text begin Subd. 4. new text end

new text begin Digital files required. new text end

new text begin School districts and
the department, where feasible, must require publishers of
printed textbooks and instructional materials that students must
use in school to furnish a comparable electronic version of the
printed textbooks and instructional materials that is compatible
with commonly used Braille translation and speech synthesis
software and includes clarifying corrections and revisions.
Students must be able to reasonably and efficiently navigate
within and between electronic files to fully benefit from using
textbooks and instructional materials comparable to the way that
nondisabled students benefit from using printed textbooks and
instructional materials. With the exception of legacy
materials, file formats must allow a comparable version that is
readable with text and screen readers or other formats meeting
the requirements of this subdivision. Publishers must provide
the files to the district or department in a clear, readily
usable format at the same time as, and in a form that is
comparable with, the printed version. The department may
further define requirements for additional characteristics of
digital files submitted under this section that are needed to
meet students' needs.
new text end

new text begin Subd. 5. new text end

new text begin Digital file copies for specialized
formats. new text end

new text begin The department must direct publishers to make digital
files and two copies of the print version available, upon
request, to the American Printing House for the Blind to produce
accessible Braille and other materials and to the Recording for
the Blind and Dyslexic or other authorized entity, as defined
under United State Code, title 17, section 121, to produce
accessible audio media, digital text and digital talking books,
or other specialized formats.
new text end

new text begin Subd. 6. new text end

new text begin Continuing obligation to provide braille
instruction. new text end

new text begin Nothing in this section reduces school districts'
obligation to comply with section 125A.06.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the
2006-2007 school year and later.
new text end