1.1 	A bill for an act
1.2 	relating to education; establishing a state and school
1.3 	district preference for textbooks and instructional
1.4 	materials in alternative formats for students with
1.5 	disabilities; proposing coding for new law in
1.6 	Minnesota Statutes, chapter 125A.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. [125A.055] DISABLED STUDENTS' ACCESS TO
1.9 	APPROPRIATE TEXTBOOKS AND INSTRUCTIONAL MATERIALS IN ALTERNATIVE
1.10 	FORMATS.
1.11 		Subdivision 1.Definitions. (a) The definitions that
1.12 	follow apply to this section.
1.13 	(b) "Student" means a student with a disability under this
1.14 	chapter who is blind or visually impaired or has another
1.15 	disability related to a visual deterioration that affects
1.16 	reading, and who is enrolled in kindergarten through grade 12 in
1.17 	a public school.
1.18 	(c) "Alternative format" means any medium or format for
1.19 	presenting textbooks and instructional materials that a student
1.20 	under this section needs for a reading accommodation other than
1.21 	standard print.
1.22 	(d) "Braille" means the system of reading and writing
1.23 	through touch commonly known as standard English Braille,
1.24 	consistent with section 125A.06.
1.25 	(e) "Comparable version" indicates that all elements of the
1.26 	print version are present in the electronic version.
2.1 	(f) "Legacy materials" means images and graphics requiring
2.2 	release and permission from a source other than the publisher.
2.3 		Subd. 2.Access to textbooks and instructional
2.4 	materials. A student must have access to alternative formats
2.5 	for the textbooks and instructional materials that are
2.6 	appropriate to the student's disability and educational needs
2.7 	and required by the school district in which the student is
2.8 	enrolled.
2.9 		Subd. 3.Preferential procurement
2.10 	status. Notwithstanding other law to the contrary, school
2.11 	districts and the department must give preferential procurement
2.12 	status to textbooks and instructional materials from publishers
2.13 	that make their textbooks and instructional materials available
2.14 	in alternative formats for students or that can verify that
2.15 	accessible format textbooks and instructional materials are
2.16 	currently available or are in the process of being created by an
2.17 	entity that commonly provides such materials for students in
2.18 	Minnesota school districts.  The department may establish other
2.19 	procurement preferences to ensure that students have access to
2.20 	alternative formats that are appropriate to their needs.
2.21 		Subd. 4.Digital files required. School districts and
2.22 	the department, where feasible, must require publishers of
2.23 	printed textbooks and instructional materials that students must
2.24 	use in school to furnish a comparable electronic version of the
2.25 	printed textbooks and instructional materials that is compatible
2.26 	with commonly used Braille translation and speech synthesis
2.27 	software and includes clarifying corrections and revisions.
2.28 	Students must be able to reasonably and efficiently navigate
2.29 	within and between electronic files to fully benefit from using
2.30 	textbooks and instructional materials comparable to the way that
2.31 	nondisabled students benefit from using printed textbooks and
2.32 	instructional materials.  With the exception of legacy
2.33 	materials, file formats must allow a comparable version that is
2.34 	readable with text and screen readers or other formats meeting
2.35 	the requirements of this subdivision.  Publishers must provide
2.36 	the files to the district or department in a clear, readily
3.1 	usable format at the same time as, and in a form that is
3.2 	comparable with, the printed version.  The department may
3.3 	further define requirements for additional characteristics of
3.4 	digital files submitted under this section that are needed to
3.5 	meet students' needs.
3.6 		Subd. 5.Digital file copies for specialized
3.7 	formats. The department must direct publishers to make digital
3.8 	files and two copies of the print version available, upon
3.9 	request, to the American Printing House for the Blind to produce
3.10 	accessible Braille and other materials and to the Recording for
3.11 	the Blind and Dyslexic or other authorized entity, as defined
3.12 	under United State Code, title 17, section 121, to produce
3.13 	accessible audio media, digital text and digital talking books,
3.14 	or other specialized formats.
3.15 		Subd. 6.Continuing obligation to provide braille
3.16 	instruction. Nothing in this section reduces school districts'
3.17 	obligation to comply with section 125A.06.
3.18 	
EFFECTIVE DATE. This section is effective for the
3.19 	2006-2007 school year and later.