SF 3514

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to higher education; providing equal access to instructional materials
for blind students; providing civil remedies; 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.27] EQUAL ACCESS TO INSTRUCTIONAL MATERIALS IN
HIGHER EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This section may be cited as the "Equal Access to
Instructional Materials in Higher Education Act."
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The Equal Access to Instructional Materials in Higher Education
Act provides instructional materials in an accessible format to blind and other eligible
students as defined in this act at the same time as the corresponding printed instructional
material is made available. The Equal Access to Instructional Materials in Higher
Education Act benefits blind and other eligible students by:
new text end

new text begin (1) improving literacy;
new text end

new text begin (2) enhancing performance in higher education;
new text end

new text begin (3) improving employability; and
new text end

new text begin (4) reducing the cost of acquiring instructional materials in accessible formats,
including Braille.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin (a) The following terms have the meaning given to them
for the purposes of this section.
new text end

new text begin (b) "Accessible format" means one of several alternatives to traditional print,
including Braille, audio recordings, large print, and computer text files.
new text end

new text begin (c) "Braille" means the tactile system of reading and writing used by persons who
are blind, as defined by the Braille Authority of North America.
new text end

new text begin (d) "Educational institution" means all public and private postsecondary educational
institutions in Minnesota.
new text end

new text begin (e) "Eligible student" means a person who is accepted by, enrolled at, or attending
an educational institution and who is also eligible to receive services from the National
Library Service for the Blind and Physically Handicapped of the Library of Congress.
new text end

new text begin (f) "Instructional materials" means textbooks, including teacher's editions, and
other materials that are required or essential for success in a course of study, including
computerized, electronic, or Internet-based course materials, assignments, and tests.
new text end

new text begin (g) "Office" means the Minnesota Office of Higher Education.
new text end

new text begin (h) "Structural integrity" means the entire contents of the printed instructional
materials, including the text of the material, sidebars, table of contents, chapter headings
and subheadings, footnotes, captions, indexes, glossaries, bibliographies, pictures,
illustrations, graphs, and charts, organized in a manner consistent with the original printed
instructional materials.
new text end

new text begin (i) "Textbook" means a book, a system of instructional materials, or a combination
of a book and supplementary instructional material that conveys information to the student
or otherwise contributes to the learning process, including electronic textbooks.
new text end

new text begin Subd. 4. new text end

new text begin Instructional materials. new text end

new text begin (a) A publisher that prints instructional materials
for eligible students attending educational institutions must provide:
new text end

new text begin (1) an electronic file of printed instructional materials in a computer or electronic
file that can be easily converted to the accessible format of the student's choice to the
educational institution's designated coordinator, upon request of the eligible student; or
new text end

new text begin (2) an accessible copy of the electronic file of the instructional materials directly
to the eligible student in a format of the student's choice.
new text end

new text begin (b) The format used by the publisher must include any nationally recognized or
generally accepted standard for conversion of files to Braille, such as DAISY 3.0.
new text end

new text begin (c) If no nationally recognized or generally accepted standard is appropriate,
publishers must provide the file in another mutually agreed upon computer or electronic
format, such as Microsoft Word or LaTex.
new text end

new text begin (d) The educational institution may:
new text end

new text begin (1) use the computer or electronic version of the printed instructional materials that is
provided by the publisher to produce the accessible version of the instructional materials;
new text end

new text begin (2) supply the material to a third-party transcription company which will in turn
produce the accessible version of the instructional materials; or
new text end

new text begin (3) supply the electronic or computer file directly to the eligible student.
new text end

new text begin If the publisher does not supply the accessible instructional materials directly to the
eligible student, the educational institution must supply the instructional material to the
eligible student in the accessible format of the student's choice.
new text end

new text begin (e) The computer or electronic version of the printed instructional materials supplied
by the publisher must:
new text end

new text begin (1) comply with any applicable federal standard;
new text end

new text begin (2) otherwise maintain the structural integrity of the printed instructional materials;
new text end

new text begin (3) include copies of all pictures, illustrations, graphs, and charts, organized in a
manner consistent with the original printed instructional materials; and
new text end

new text begin (4) include corrections and revisions as necessary.
new text end

new text begin (f) The publisher must provide the computer or electronic version of the printed
instructional materials to the eligible student or educational institution at no additional cost
and within ten business days after receipt of a written request that does all of the following:
new text end

new text begin (1) certifies that the eligible student has purchased the printed instructional materials;
new text end

new text begin (2) certifies that the student is an eligible student as defined in subdivision 3; and
new text end

new text begin (3) certifies that the printed instructional materials are for use by the eligible student
in connection with a course at the educational institution.
new text end

new text begin (g) A publisher may require that the request include a statement signed by both the
eligible student and the educational institution agreeing that:
new text end

new text begin (1) the educational institution will not copy, publish, or in any other way distribute
the accessible version of the instructional materials for use by anyone other than the
original eligible student, except that the educational institution may provide the accessible
version of the instructional materials to another eligible student who has made a request
pursuant to paragraph (f) and who has signed a statement agreeing to the terms contained
in this section, unless it is otherwise permitted by federal law; and
new text end

new text begin (2) the eligible student will not copy, publish, or in any other way distribute the
accessible version of the printed instructional materials to any other person.
new text end

new text begin (h) A publisher who manufactures instructional materials using any type of video or
audio format, CD ROM, or other digital format for eligible students attending educational
institutions shall, upon request, provide an accessible version of the instructional materials,
subject to the same conditions and limitations for printed instructional materials.
new text end

new text begin (i) Nothing in this act shall be deemed to authorize any use of instructional materials
that would constitute an infringement of copyright pursuant to applicable federal copyright
law.
new text end

new text begin Subd. 5. new text end

new text begin Guidelines. new text end

new text begin The office, in consultation with representatives from
educational institutions, must adopt guidelines consistent with the Equal Access to
Instructional Materials in Higher Education Act for the implementation and administration
of this act. The guidelines must address all of the following:
new text end

new text begin (1) procedures for the suspension of publishers that fail to comply with the
provisions of the Equal Access to Instructional Materials in Higher Education Act;
new text end

new text begin (2) an administrative complaint process to be followed for complaints against a
publisher or institution of higher education;
new text end

new text begin (3) development of a list of approved third-party transcription companies for use
by educational institutions; and
new text end

new text begin (4) any other matters the office deems necessary or appropriate to carry out the
purposes of the Equal Access to Instructional Materials in Higher Education Act.
new text end

new text begin Subd. 6. new text end

new text begin Private right of action. new text end

new text begin An eligible student who contends that there has
been a violation of the Equal Access to Instructional Materials in Higher Education Act
has the right to pursue a private right of action in a court of competent jurisdiction if
the eligible student has exhausted the administrative complaint process. Organizations
representing the interests of persons who are blind or other eligible students shall have
standing to assert any right afforded in the Equal Access to Instructional Materials in
Higher Education Act and shall be subject to the same requirements and terms as an
eligible student. If the eligible student or organization should prevail in a lawsuit, the
eligible student or organization shall be entitled to injunctive and monetary relief and
attorney fees and costs incurred in the litigation.
new text end