83R10120 JSL-F
 
  By: Strama H.B. No. 3586
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Accessible Learning Materials
  Council.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 2, Education Code, is amended
  by adding Chapter 31A to read as follows:
  CHAPTER 31A.  ACCESSIBLE LEARNING MATERIALS COUNCIL
         Sec. 31A.001.  DEFINITIONS. In this chapter:
               (1)  "Accessible learning materials" means educational
  materials for instruction and testing that are designed or
  converted in a way that makes them usable across the widest range of
  student variability in various formats, including print, digital,
  graphic, audio, and video materials.
               (2)  "Council" means the Accessible Learning Materials
  Council.
         Sec. 31A.002.  ESTABLISHMENT; PURPOSES. The Accessible
  Learning Materials Council is established to:
               (1)  study issues related to improving the academic
  success of students with disabilities using accessible learning
  materials for instruction and accommodations on an assessment
  instrument that will allow use of assistive technology devices or
  software;
               (2)  make recommendations to change existing
  requirements, law, rules, or policies to require that assistive
  technology and accessible learning materials be available for
  instruction and use in the administration of assessment
  instruments;
               (3)  produce biennial reports on the status of
  providing accessible learning materials for public school students
  with disabilities, including accommodations used in the
  administration of assessment instruments; and
               (4)  establish accessibility and procurement standards
  to provide accessible learning materials for students with
  disabilities that are as effective as materials and assessment
  instruments provided to students without disabilities.
         Sec. 31A.003.  SUNSET PROVISION. The council is subject to
  Chapter 325, Government Code. Unless continued in existence as
  provided by that chapter, the council is abolished and this chapter
  expires September 1, 2017.
         Sec. 31A.004.  COMPOSITION. The council is composed of 15
  members appointed by the commissioner as follows:
               (1)  one agency representative responsible for council
  duties related to assessment instruments;
               (2)  one agency representative responsible for council
  duties related to curriculum;
               (3)  one agency representative responsible for council
  duties related to special education services;
               (4)  one member of the State Board of Education;
               (5)  two teachers from rural school districts who:
                     (A)  have experience teaching students with
  disabilities; and
                     (B)  are certified under Subchapter B, Chapter 21,
  in special education or hold a technology applications certificate
  issued under Subchapter B, Chapter 21;
               (6)  two teachers from urban school districts who:
                     (A)  have experience teaching students with
  disabilities; and
                     (B)  are certified under Subchapter B, Chapter 21,
  in special education or hold a technology applications certificate
  issued under Subchapter B, Chapter 21;
               (7)  the statewide accessibility coordinator of the
  Department of Information Resources;
               (8)  one member of a nonprofit organization whose
  primary mission relates to accessible electronic information
  resources;
               (9)  two parents of students with disabilities who have
  experience relating to the use of accessible learning materials;
               (10)  one assistive technology professional who is
  certified by the Rehabilitation Engineering and Assistive
  Technology Society of North America;
               (11)  one electronic information resources
  accessibility specialist who is proficient in current technology
  and current accessible design standards; and
               (12)  one curriculum specialist from a public school
  who has knowledge of universal design for learning.
         Sec. 31A.005.  MEETINGS. (a) The council shall meet in
  person at least three times each year and may hold additional
  meetings by conference call as necessary.
         (b)  Section 551.125, Government Code, applies to a meeting
  held by conference call under this section, except that Section
  551.125(b) does not apply.
         Sec. 31A.006.  COMPENSATION. A member of the council may not
  receive compensation for service on the council.
         Sec. 31A.007.  DUTIES. (a) The council shall:
               (1)  study issues related to the procurement and
  delivery of equally effective accessible learning materials and
  assessment instruments for public school students;
               (2)  study current research and best practices related
  to accessible learning materials and assessment instruments for
  public school students;
               (3)  analyze the availability of accessible learning
  materials and assessment instruments and the unmet needs of
  students with disabilities; and
               (4)  perform other duties consistent with this chapter.
         (b)  In carrying out the council's duties under this section,
  the council may request reports and other information related to
  accessible learning materials and assessment instruments from the
  agency and any other state agency.
         Sec. 31A.008.  STATEWIDE ACCESSIBLE LEARNING MATERIALS
  PLAN; REPORT. (a) The council shall develop a comprehensive
  statewide action plan for the provision of equally effective
  accessible learning materials and assessment instruments for
  public school students in this state, including a timeline for
  implementation of the plan.
         (b)  Not later than November 1 of each even-numbered year,
  the council shall submit to each house of the legislature, the
  governor, and the agency a written report concerning:
               (1)  the status of the development or implementation of
  the council's statewide plan, as applicable;
               (2)  any action taken toward further development or
  implementation of the plan;
               (3)  any area that needs improvement in implementing
  the plan;
               (4)  any recommended change to the plan; and
               (5)  programs and services that address accessible
  learning materials and assessment instruments.
         Sec. 31A.009.  GIFTS, GRANTS, AND DONATIONS. The agency may
  accept on behalf of the council a gift, grant, or donation from any
  source to carry out the purpose of this chapter.
         SECTION 2.  Not later than December 31, 2013, the
  commissioner of education shall appoint the members of the
  Accessible Learning Materials Council in accordance with Section
  31A.004, Education Code, as added by this Act.
         SECTION 3.  Not later than November 1, 2014, the Accessible
  Learning Materials Council shall submit the initial report required
  under Section 31A.008, Education Code, as added by this Act.
         SECTION 4.  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, 2013.