80R2775 CAS-D

By: Uresti S.B. No. 1802

A BILL TO BE ENTITLED

AN ACT

relating to providing certain computerized instructional material for blind and visually impaired students at public institutions of higher education.

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

SECTION 1. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.970 to read as follows:

Sec. 51.970. INSTRUCTIONAL MATERIAL FOR BLIND AND VISUALLY IMPAIRED STUDENTS. (a) In this section:

(1) "Blind or visually impaired student" includes any student whose visual acuity is impaired to the extent that the student is unable to read the print in the standard printed instructional material used in a course in which the student is enrolled.

(2) "Coordinating board" means the Texas Higher Education Coordinating Board.

(3) "Governing board," "institution of higher education," and "university system" have the meanings assigned by Section 61.003.

(4) "Instructional material" means a book, system of instructional material, or combination of a book and supplementary instructional material that conveys information to or otherwise contributes to the learning process of a student.

(5) "Special instructional material" means instructional material in Braille, large type, audio form, digital text, or any other medium or any apparatus that conveys information to or otherwise contributes to the learning process of a blind or visually impaired student.

(b) This section applies only to instructional material that is:

(1) written and published primarily for postsecondary instruction of students; and

(2) required or essential for a student's success in a course at an institution of higher education, as identified by the instructor of the course for which the instructional material will be used, in consultation with the person at the institution with primary responsibility for services for students with disabilities and in accordance with rules adopted under Subsection (n)(1).

(c) To assist the institution in producing special instructional material, a publisher or manufacturer of printed instructional material assigned by an institution of higher education for use by students in connection with a course at the institution shall provide to the institution on the institution's request in accordance with this section computerized files based on the printed instructional material. The publisher or manufacturer, as applicable, shall provide the computerized files as soon as practicable after the date of receipt of the request and may not impose any charge for providing the files.

(d) A request made by an institution of higher education under Subsection (c) must:

(1) certify that for each blind or visually impaired student who will use specialized instructional material based on the requested computerized files for a course in which the student is enrolled at the institution, either the institution or the student has purchased a printed copy of the instructional material; and

(2) be signed by the person at the institution with primary responsibility for services for students with disabilities.

(e) A publisher or manufacturer may require that a request made by an institution of higher education under Subsection (c) include from the student for whom the institution is making the request a signed statement in which the student agrees:

(1) to use the requested computerized files and related special instructional material only for the student's own educational purposes; and

(2) not to copy or otherwise distribute for use by others the requested computerized files or the printed instructional material on which the requested computerized files are based.

(f) The computerized files of the printed instructional material must:

(1) be in a format that:

(A) except as provided by Subsections (g) and (h), contains all of the information that is in the printed instructional material, including any text, sidebar, table of contents, chapter headings, chapter subheadings, footnotes, index, glossary, and bibliography, and is approved by the publisher or manufacturer, as applicable, and the institution of higher education as a format that will contain that material; and

(B) is compatible with commonly used Braille translation and speech synthesis software; and

(2) include any correction or revision available at the time the computerized files are provided.

(g) If the publisher or manufacturer and the institution of higher education are not able to agree on a format as required by Subsection (f)(1)(A), the publisher or manufacturer, as applicable, shall provide the computerized files in American Standard Code for Information Interchange (ASCII) text or an equivalent text and in a format that contains as much of the material specified by that subsection as is practicable.

(h) The computerized files of the printed instructional material are not required to contain nontextual elements such as pictures, illustrations, graphs, or charts.

(i) If an institution of higher education permits a student's direct use of the computerized files provided under this section, the institution must:

(1) provide for the files to be protected against copying; or

(2) take other reasonable precautions to ensure that the student does not copy or otherwise distribute the files in a manner that violates 17 U.S.C. Section 101 et seq.

(j) In the same manner as a publisher or manufacturer is required under this section to provide computerized files of printed instructional material, a publisher or manufacturer shall provide to an institution of higher education according to the procedures required by this section:

(1) computerized files of instructional material that is not available in printed form only to the extent that technology is available commercially to convert the non-printed instructional material into a format that could contain all of the information required by Subsection (f)(1)(A) and is compatible with commonly used Braille translation and speech synthesis software; and

(2) computerized files of nontextual mathematics or science material only to the extent that computer software technology is available commercially to convert the computerized files into a format compatible with commonly used Braille translation and speech synthesis software or alternative media for blind and visually impaired students.

(k) The governing board of a university system may establish one or more centers for processing requests under this section by the system's component institutions. If a governing board establishes a center under this subsection, notwithstanding any other provision of this section, a component institution of that university system must submit a request under this section to the center, the center must submit that request to the publisher or manufacturer, and the publisher or manufacturer, as applicable, is required to respond only to those requests under this section made through a center. If a governing board establishes more than one center, each of those centers shall coordinate requests made under this section. If a publisher or manufacturer has responded to a request by a center, a subsequent request for the same computerized files that is made by a component institution served by the center must be satisfied by the center.

(l) This section does not:

(1) prohibit an institution of higher education from:

(A) assisting a blind or visually impaired student by using requested computerized files solely to transcribe printed instructional material into Braille or other special instructional material; or

(B) sharing that Braille transcription or other special instructional material with other blind and visually impaired students enrolled at the institution; or

(2) authorize any use of instructional material that would constitute an infringement of copyright under 17 U.S.C. Section 101 et seq.

(m) The coordinating board may impose a reasonable administrative penalty against a publisher or manufacturer who knowingly violates this section. The coordinating board shall provide for a hearing to be held, in accordance with coordinating board rule, to determine whether a penalty is to be imposed and the amount of any penalty. The coordinating board shall base the amount of any penalty on:

(1) the seriousness of the violation;

(2) any history of a previous violation;

(3) the amount necessary to deter a future violation;

(4) any effort to correct the violation; and

(5) any other matter justice requires.

(n) The coordinating board shall adopt rules for administering this section, including rules that address:

(1) the method for identifying instructional material considered to be required or essential for a student's success in a course;

(2) the method for determining, for purposes of Subsection (j), the commercial availability of technology for the conversion of instructional material that is not available in printed form and of nontextual mathematics or science material;

(3) the procedures and standards relating to distribution of computerized files under this section; and

(4) any other matter considered necessary or appropriate for the administration of this section.

SECTION 2. (a) Section 51.970, Education Code, as added by this Act, applies beginning with requests for computerized files of printed instructional material assigned for use by students in the 2008 spring semester.

(b) Not later than November 1, 2007, the Texas Higher Education Coordinating Board shall adopt rules as required by Section 51.970(n), Education Code, as added by this Act.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.