By: Uresti  S.B. No. 1802
         (In the Senate - Filed March 9, 2007; March 21, 2007, read
  first time and referred to Subcommittee on Higher Education;
  April 30, 2007, reported adversely, with favorable Committee
  Substitute from Committee on Education by the following vote:  
  Yeas 8, Nays 0; April 30, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1802 By:  Williams
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to providing certain computerized instructional material
  for blind and visually impaired students and students with dyslexia
  who are enrolled 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 AND STUDENTS WITH DYSLEXIA.  (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)  "Institution of higher education" has the meaning
  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 print, audio format,
  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 or a student with dyslexia.
         (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 (i)(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 not later than
  the 15th business day 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 or student with dyslexia who will use special 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 each 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 in a manner
  that violates 17 U.S.C. Section 101 et seq. 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 Subsection (g),
  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 coordinating board may impose a reasonable
  administrative penalty against a publisher or manufacturer that
  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.
         (i)  The coordinating board, in consultation with an
  advocacy organization for persons who are blind or visually
  impaired and an advocacy organization for persons with dyslexia,
  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 procedures and standards relating to
  distribution of computerized files under this section; and
               (3)  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
  Subsection (i), Section 51.970, 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.
 
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