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.