Requires State educational agencies, as a condition for receiving Federal financial assistance under the Individuals with Disabilities Education Act, to develop and implement statewide plans and make contracts with publishers to ensure that instructional materials for classroom use in elementary and secondary schools are made available in specialized formats to individuals who are blind or have other print disabilities at the same time such materials are provided to individuals without such disabilities.
Authorizes the Secretary to make grants to eligible entities to provide or improve their capacity to prepare or obtain instructional materials in specialized formats, including the national electronic format.
Provides for enforcement of rights of children and parents under this Act.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2246 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2246
To improve access to printed instructional materials used by blind or
other persons with print disabilities in elementary and secondary
schools, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 24, 2002
Mr. Dodd (for himself, Mr. Cochran, Mr. Harkin, and Mr. Bunning)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To improve access to printed instructional materials used by blind or
other persons with print disabilities in elementary and secondary
schools, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Instructional Materials
Accessibility Act of 2002''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve access to printed
instructional materials used by blind persons, or other persons with
print disabilities, in elementary schools and secondary schools through
the creation of a coordinated and efficient system for acquisition and
distribution of instructional materials in the form of electronic files
suitable for conversion into a variety of specialized formats.
SEC. 3. TECHNICAL STANDARDS.
(a) Standards.--
(1) Publication.--The Secretary of Education, in
consultation with the National Institute of Standards and
Technology of the Department of Commerce, shall publish in the
Federal Register technical standards, to be known as the
Instructional Materials Accessibility Standards--
(A) as a proposed rule, not later than 270 days
after the date of enactment of this Act; and
(B) as a final rule, not later than 360 days after
the date of enactment of this Act.
(2) Public comment.--The Secretary shall provide an
opportunity for the submission by the public of comments
regarding a proposed rule for at least 30 days before
publication under paragraph (1)(B) of a final rule.
(3) Contents.--The Instructional Materials Accessibility
Standards shall--
(A) define the specific technical parameters of the
national electronic file format to be used by
publishers of instructional materials in the
preparation of electronic files suitable for efficient
conversion into specialized formats; and
(B) be consistent with and based upon existing and
emerging standards relating to electronic publishing
and translation technology used to produce specialized
formats.
(b) Advisory Committee.--
(1) Establishment.--In developing the Instructional
Materials Accessibility Standards under subsection (a), the
Secretary shall, in consultation with the National Institute of
Standards and Technology and not later than 90 days after the
date of enactment of this Act, establish an advisory committee,
to be known as the National Instructional Materials
Accessibility Advisory Committee, which shall provide technical
expertise and guidance to the Secretary for the creation of the
national electronic file format.
(2) Members.--The Committee shall consist of individuals
who shall include at least one and not more than two
representatives of each of the following:
(A) Publishers of instructional materials.
(B) Producers of adaptive technology.
(C) Producers of materials in specialized formats.
(D) Organizations for blind consumers.
(E) Special education programs.
(F) Developers of accessibility and publishing
software and supporting technologies.
(G) Information technology standards organizations.
(H) Instructional materials resource centers with
substantial experience in file format preparation and
automated conversion technology.
(I) Any other organization or interest that the
Secretary determines to be appropriate.
(c) Review and Amendment.--The Secretary, in consultation with the
National Institute of Standards and Technology and the National
Instructional Materials Accessibility Advisory Committee, shall
periodically review and, as appropriate, amend the technical standards
prescribed under subsection (a) to reflect technological advances or
changes.
SEC. 4. STATE REQUIREMENTS FOR ENSURING TIMELY PROVISION OF
INSTRUCTIONAL MATERIALS TO STUDENTS.
(a) State Obligations.--
(1) Statewide plan.--Not later than 2 years after the date
of enactment of this Act, a State educational agency receiving
Federal financial assistance under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) shall, as a
condition of receiving such assistance, develop and implement a
written statewide plan designed to ensure that instructional
materials for classroom use in elementary schools and secondary
schools within the State are made available in specialized
formats to individuals who are blind or have other print
disabilities at the same time such materials are provided to
individuals without such disabilities.
(2) Coordination.--A statewide plan submitted under
paragraph (1) shall, to the maximum extent practicable, be
coordinated with the State Improvement Plan under subpart 1 of
part D of the Individuals with Disabilities Education Act (20
U.S.C. 1451 et seq.), and shall contain an outline of the
activities that the State intends to carry out using amounts
received under the grant to achieve the purposes of this title.
(3) Contents.--At a minimum, a statewide plan developed
under paragraph (1) shall--
(A) designate the entity responsible for collecting
and maintaining data related to identification of
individuals who are blind or have other print
disabilities and who require instructional materials in
specialized formats;
(B) establish the methods and procedures by which
instructional materials are provided in specialized
formats appropriate to the needs of the individual,
including the methods for converting electronic files
obtained under subsection (b) into specialized formats;
(C) identify the resources available for production
of instructional materials in specialized formats;
(D) establish procedures that local educational
agencies and any other agency with responsibility for
carrying out the education of children with
disabilities will follow to ensure the timely delivery
of instructional materials in specialized formats;
(E) provide assurances that contracts with
publishers meet the requirements of subsection (b); and
(F) provide for periodic evaluation to ensure that
instructional materials are made available in
appropriate specialized formats to individuals who are
blind or have other print disabilities at the same time
such materials are provided to individuals without such
disabilities.
(b) Contracts With Publishers.--
(1) Contracts for standardized files.--In addition to the
requirements of subsection (a), a State educational agency or
local educational agency receiving Federal financial assistance
under the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) shall, as part of any instructional
materials adoption process, procurement contract, or other
practice or instrument used for the purchase of instructional
materials, enter into a written contract with the publisher of
the materials to prepare, in conjunction with the provision of
such materials, electronic files containing the contents of the
materials in the national electronic file format prescribed
under section 3(a). The contract shall be entered into and take
effect not later than 3 years after the date of enactment of
this Act.
(2) Contents of contracts.--A contract described in
paragraph (1) shall also provide for the following:
(A) Pupil editions.--Not later than 30 days after
the date of ratification of the contract, the publisher
will transmit to the National Instructional Materials
Access Center electronic files prepared in the national
electronic file format prescribed under section 3(a)
that correspond to the most recent pupil edition of the
materials covered under the contract that is in print
on the date of ratification of the contract, along with
a print copy of such materials. If the most current
pupil edition of such instructional materials in print
on the date of ratification of the contract is, or will
be, altered prior to the use of the materials in the
classroom or if no such edition exists on such date,
the publisher will, by a date specified in the
contract, transmit to the Center--
(i) electronic files containing a complete
record of corrections and changes made to such
instructional materials; or
(ii) electronic files prepared in the
national electronic file format prescribed
under section 3(a) that correspond to the pupil
edition of such instructional materials that
will be used in the classroom.
(B) Teacher editions.--Not later than 30 days after
receipt of a request from the National Instructional
Materials Access Center made on behalf of a teacher,
the publisher will transmit to the Center electronic
files prepared in the national electronic file format
prescribed under section 3(a) that correspond to the
teacher edition of the requested instructional
materials covered under the contract, if the request
includes--
(i) a specific description of the
instructional materials needed by the teacher
(including, if applicable, an International
Standard Book Number (ISBN)); and
(ii) a certification that the teacher is
blind or has a print disability.
(c) Preemption of Inconsistent State and Local Requirements.--
Except as provided in subsection (d), subsection (b) supersedes any
inconsistent requirements in the laws or regulations of any State or
local government, with respect to publishers providing instructional
materials in the form of electronic files intended for conversion into
specialized formats to be used by blind or other persons with print
disabilities.
(d) Right of Contract.--Notwithstanding the requirements of this
section, nothing in this Act may be construed to impair the right of
any State educational agency or local educational agency to enter into
a contract with any publisher of instructional materials for the
purpose of directly obtaining from such publisher copies of electronic
files prepared and transmitted in accordance with this section.
SEC. 5. NATIONAL INSTRUCTIONAL MATERIALS ACCESS CENTER.
(a) Establishment.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall establish a center, to be
known as the National Instructional Materials Access Center, which
shall coordinate the acquisition and distribution of instructional
materials in the national electronic file format prescribed under
section 3(a).
(b) Responsibilities.--The duties of the Center are the following:
(1) To monitor the needs of State educational agencies and
local educational agencies for instructional materials in
specialized formats and to take appropriate administrative
steps to assist such agencies in ensuring that instructional
materials in the form of electronic files are submitted by
publishers to the Center under section 4(b).
(2) To receive instructional materials under section 4(b)
in the national electronic file format prescribed under section
3(a) and to provide authorized entities with access to such
files, free of charge.
(3) To verify the receipt and compliance of the materials
received under section 4(b) with the national electronic file
format prescribed under section 3(a).
(4) To prescribe and publish policies and guidelines which
the Center will use for the submission, cataloging, retrieval,
and distribution of instructional materials in the national
electronic file format prescribed under section 3(a).
(5) To prescribe and publish terms and procedures for
approval of authorized entities registering with the Center to
obtain access to the instructional materials in the national
electronic file format prescribed under section 3(a).
(6) To provide access to the materials received under
section 4(b) to authorized entities and to coordinate, as
appropriate, with other programs providing access to
instructional materials in specialized formats.
(7) To take such administrative steps as may be needed to
coordinate the efficient acquisition and distribution of
instructional materials in the national electronic file format
prescribed under section 3(a).
(8) Promptly to forward to the appropriate publisher of
instructional materials a request made under section 4(b)(2)(B)
received for materials needed for a teacher.
(9) To develop, adopt, and publish procedures to protect
against copyright infringement and otherwise to
administratively assure compliance with title 17, United States
Code, with respect to the instructional materials provided
under this Act.
(c) Operation.--To assist in carrying out subsection (a), the
Secretary shall award, on a competitive basis, a contract renewable on
a biannual basis with a nonprofit organization, or with a consortium of
such organizations, determined by the Secretary to be best qualified to
carry out the responsibilities described in subsection (b). The
contractor shall report directly to the Assistant Secretary for Special
Education and Rehabilitative Services of the Department of Education.
SEC. 6. GRANTS FOR CAPACITY BUILDING.
(a) Authority To Award Grants.--The Secretary may award grants to
the eligible entities under subsection (b) (or a consortium of such
entities) to provide or improve the capacity of such entities to
prepare or obtain instructional materials in specialized formats
(including the national electronic format prescribed under section
3(a)).
(b) Eligible Entities.--The following are entities eligible for a
grant under this section:
(1) State educational agencies.
(2) Regional consortia of State educational agencies.
(3) Local educational agencies.
(4) Nonprofit organizations the primary mission of which is
to provide specialized services relating to training,
education, or adaptive reading or the information access needs
of blind persons or other persons with print disabilities.
(c) Application.--An eligible entity that desires to receive a
grant under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may require. The application shall include each of the
following:
(1) A description of the entity's current capacity to
prepare instructional materials in specialized formats.
(2) The entity's assessment of needs to be met within the
geographic area to be served.
(3) A plan for working with other similar entities in order
to ensure a coordinated approach in meeting such needs.
(4) A description of proposed training of transcribers and
others who prepare instructional materials in specialized
formats and, if appropriate, specification of the technology to
be obtained and used in the program.
(5) An assurance that the entity is, and shall remain, in
compliance with the provisions of section 121 of title 17,
United States Code, regarding the reproduction and distribution
of copyrighted instructional materials in specialized formats.
(d) Procedures.--The Secretary may prescribe rules or procedures to
carry out this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 2003
and such sums as may be necessary for each of fiscal years 2004 through
2007.
SEC. 7. ENFORCEMENT.
(a) Rights, Remedies, and Procedures.--The rights, remedies, and
procedures available to children and parents under subsections (b)(6),
(e), (f), and (g) of section 615 of the Individuals with Disabilities
Education Act (20 U.S.C. 1415) and section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) shall be the rights, remedies, and
procedures available under this Act to children and parents aggrieved
by violations of this Act by any State educational agency or local
educational agency.
(b) Rule of Construction.--This Act may not be construed to limit
any right, remedy, or procedure otherwise available under any other
provision of Federal law that provides greater or equal protection for
the rights of blind persons or other persons with print disabilities.
SEC. 8. RELATIONSHIP TO SECTION 121 OF THE COPYRIGHT ACT.
(a) Authorized Entity.--A publisher that provides instructional
materials to a State educational agency or local educational agency in
the national electronic file format prescribed under section 3(a),
shall, for such purposes, be considered an authorized entity within the
meaning of section 121 of title 17, United States Code.
(b) Noninfringing Use.--Reproduction or distribution of
instructional materials in a large print format exclusively for use by
blind persons, or other persons with print disabilities, in elementary
or secondary schools shall be considered a noninfringing use of such
materials when such activity is conducted by an organization or agency
that is an authorized entity within the meaning of section 121 of title
17, United States Code.
SEC. 9. SUPPLEMENT, NOT SUPPLANT.
Funds made available under this Act shall be used to supplement,
and not to supplant, any other Federal, State, local, or non-Federal
funds available to carry out this Act.
SEC. 10. RESEARCH AND REPORTS.
(a) Research.--The Secretary shall conduct research, directly or by
grant or contract, about the effect of this Act on the timely delivery
of instructional materials in specialized formats to students who are
blind or have other print disabilities.
(b) Reports.--
(1) In general.--The Secretary shall submit a report
containing the results of the research described in subsection
(a), and the information described in paragraph (2), to the
appropriate committees of Congress not later than 3 years after
the date of enactment of this Act, and biannually thereafter.
(2) Contents.--The report submitted under paragraph (1)
shall include, but not necessarily be limited to, the following
information:
(A) The number of students directly affected by
this Act.
(B) The annual cost incurred to carry out this Act
by the Federal Government, State governments, and
nonprofit entities that may be involved in
administering this Act.
(C) The financial and in-kind contributions of
State and local governments, and private nonprofit and
for-profit entities, to activities conducted under this
Act.
(D) Changes in the percentage of individuals who
receive appropriate instructional materials in
specialized formats at the beginning of a school year
compared to the percentage for the beginning of the
preceding school year.
(E) Changes in the timeliness of delivery of
appropriate instructional materials in specialized
formats from the beginning of one school year to the
beginning of the next school year.
(F) The extent to which States and local
educational agencies have been able to satisfy
requirements of compliance agreements or take other
corrective actions regarding the timely delivery of
appropriate instructional material.
(G) Such other matters as the Secretary considers
to be relevant and appropriate.
SEC. 11. DEFINITIONS.
In this Act:
(1) The term ``print disability'' means, with respect to an
individual, student, or teacher, eligibility or qualification
under the Act of March 3, 1931, entitled ``An Act to provide
books for the adult blind'' (2 U.S.C. 135a), to receive books
and other publications produced in specialized formats.
(2) The term ``instructional materials'' means printed
textbooks and related core materials that are written and
published primarily for use in elementary school and secondary
school instruction and are required by a State educational
agency or local educational agency for use in the classroom,
including teacher editions of such materials requested under
section 4(b)(2)(B).
(3) The term ``national electronic file format'' means a
well-organized, structured, and marked-up electronic file that
is suitable for efficient conversion into specialized formats
and that is in conformance with the technical standards
prescribed under section 3(a).
(4) The term ``Center'' means the National Instructional
Materials Access Center established by the Secretary under
section 5.
(5) The term ``Secretary'' means the Secretary of
Education.
(6) The term ``specialized format'', with respect to
instructional materials, means Braille, synthesized speech,
digital text, digital audio, or large print.
(7) The terms ``State educational agency'' and ``local
educational agency'' have the meanings given those terms in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
SEC. 12. EFFECTIVE DATE.
This Act shall take effect on the date of enactment of this Act,
and shall apply to instructional materials published and copyrighted
after the date on which the technical standards prescribed under
section 3(a) take effect.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Committee on Health, Education, Labor, and Pensions. Hearings held. Hearings printed: S.Hrg. 107-547.
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