15-732

15-732. Powers and duties; state board of
education; governing boards

A. The state board of education shall adopt rules on or before August 1, 2005 that
require all school districts and other public schools to purchase adopted printed and
nonprinted instructional materials for which accessible electronic files are available
or, in the case of nonprinted instructional materials delivered on line, that comply with
subsection B of this section. The rules shall establish procedures and timelines to
ensure that accessible materials are distributed to a child with a disability at the same
time that printed and nonprinted instructional materials are distributed to other
students. The rules shall require the vendor to submit the accessible electronic files to
one or more authorized entities, for conversion by such authorized entities into
accessible formats for use by a child with a disability. The rules shall prohibit
unauthorized copying, modification and distribution of the accessible electronic files,
including distribution of unencrypted or reproducible accessible electronic files to
other than authorized entities. This section applies only to newly adopted printed and
nonprinted instructional materials adopted after the 2005-2006 school year and with an
original copyright date of 2004 or later.

B. On-line nonprinted instructional materials shall be deemed compliant for
purposes of subsection A of this section if they meet or exceed standards for internet
accessibility, as set forth in section 508 of the rehabilitation act of 1973, as amended
by 29 United States Code section 794d, and regulations implementing that act as set forth
in part 1194 of title 36 of the Code of Federal Regulations.

C. Printed and on-line nonprinted instructional materials are exempt from this
article if providing an accessible electronic file would do any of the following:

1. Fundamentally alter the nature of the instructional activity.

2. Result in undue financial and administrative burdens on any state agency, school
district or school.

3. Cause such resources not to meet state content standards, adoption criteria or
other applicable specifications.

D. The governing board of each school district or the governing body of another
public school that solicits bids pursuant to this section shall provide written
notification of the requirements of this article and related and subsequent rules to
vendors before soliciting bids for printed and nonprinted instructional materials.

E. This section does not permit reproduction, modification or distribution of
accessible electronic files or of printed or nonprinted instructional materials without
the permission of the copyright holder, and does not require vendors or copyright holders
to provide copies or authorize uses of the electronic files or instructional materials
without compensation, except as provided by 17 United States Code section 121. School
districts and other public schools shall certify that no reproduction or modification
shall occur without the express authorization of the copyright holder while materials are
in the custody of the school district or other public school.

F. Nothing in this section reduces the obligation of the state board of education
and the governing board of a school district or the governing body of another public
school to provide for the instruction of visually impaired pupils in the use of braille
or to provide braille textbooks as prescribed in section 15-214.

G. If a national file format is adopted by the United States department of
education, nothing in this section requires publishers to produce accessible electronic
files that are inconsistent with or more stringent than the specifications of the
nationally adopted file format.

H. Nothing in this section shall be construed to apply to a private school.