67300. Services for disabled students provided by the California
Community Colleges and the California State University shall, and
services provided for the University of California may, at a minimum,
conform to the level and quality of those services provided by the
Department of Rehabilitation to its clients prior to July 1, 1981.
However, nothing in this chapter requires the California Community
Colleges, the California State University, or the University of
California to provide the services for disabled students in the same
manner as those services were provided by the Department of
Rehabilitation.
The Board of Governors of the California Community Colleges and
the Trustees of the California State University shall, for their
respective systems, and the Regents of the University of California
may adopt regulations to implement this chapter.
Notwithstanding any other provision of this section or Section
67305, blind students who are attending California Community Colleges
under the sponsorship of the Department of Rehabilitation shall have
all reader services provided directly by the Department of
Rehabilitation. Reader services provided by the Department of
Rehabilitation pursuant to this section shall be furnished in
accordance with federal and state law. The Department of
Rehabilitation shall seek federal funds for the provision of readers
to blind students pursuant to this section.
67301. (a) The Board of Governors of the California Community
Colleges and the Trustees of the California State University shall,
and the Regents of the University of California may, adopt rules and
regulations prescribing requirements similar to those provided by
Section 22511.5 of the Vehicle Code and all other applicable sections
of the Vehicle Code relating to parking exemptions for disabled
persons, as defined by Section 295.5 of the Vehicle Code, and
disabled veterans, as defined by Section 295.7 of the Vehicle Code.
The rules and regulations shall include authorization to park for
unlimited periods in time-restricted parking zones and to park in any
metered parking space without being required to pay any parking
meter fee or to display a parking permit other than pursuant to
Section 5007 or 22511.55 of the Vehicle Code, provided those spaces
are otherwise available for use by the general public. The adopted
regulations shall authorize parking at campus facilities and grounds
by students with disabilities and by persons providing transportation
services to students with disabilities. Except as otherwise provided
in this section, students with disabilities and persons providing
transportation to students with disabilities shall be required to
display a valid parking permit, if applicable, for the campus
attended. Nothing in this section prohibits the adoption of rules and
regulations providing greater accessibility for students with
disabilities and persons providing transportation services to those
students.
The adopted rules and regulations shall exempt students with
disabilities and persons providing transportation services to these
persons from any applicable parking restrictions in areas including,
but not limited to, metered parking spaces and parking facilities
designated for use by students, faculty, administrators, and
employees.
(b) The Regents of the University of California may provide, and
the Trustees of the California State University shall provide, and
the Board of Governors of the California Community Colleges shall
adopt rules and regulations requiring the governing board of each
community college district to provide, visitor parking at each campus
of the university or district at no charge for a disabled person, as
defined by Section 295.5 of the Vehicle Code, or disabled veteran,
as defined by Section 295.7 of the Vehicle Code, or as defined by
each segment's policy concerning the provision of services to
students with disabilities, whichever is more inclusive, and for
persons providing transportation services to individuals with
disabilities. Whenever parking designated for a disabled person is
provided on any campus of the University of California, the
California State University, or a community college district in a
facility controlled by a mechanical gate, that university or district
shall also provide accommodations for any person whose disability
prevents him or her from operating the gate controls. These
accommodations may be provided by making arrangements for disabled
persons to be assisted in the operation of the gate controls, or
through other effective and reasonable means the university or
district may devise. Nothing in this subdivision shall be construed
to require the replacement or elimination of special parking
facilities restricted for the use of disabled persons located on the
campuses of these universities or districts.
It is the intent of the Legislature that community college
districts shall utilize the proceeds from parking fees charged to
community college students and employees to offset costs incurred by
these districts in accommodating disabled persons pursuant to the
requirements of this section.
(c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall, and the
Regents of the University of California may, establish procedures for
the purpose of conducting biennial audits to determine whether
individual campuses are in compliance with all state building code
requirements relating to the location and the designation of minimum
percentages of available campus parking spaces for use by students
with disabilities, as determined by guidelines of Section 14679 of
the Government Code, Section 2-7102 of Title 24 of the California
Code of Regulations, Part 40 (commencing with Section 40.1) of Title
24 of the Code of Federal Regulations, Section 1190.31 of Title 36 of
the Code of Federal Regulations, or their successor provisions, or
any other applicable provisions of law, whichever provides the
greater accessibility for disabled persons.
67302. (a) An individual, firm, partnership or corporation that
publishes or manufactures printed instructional materials for
students attending the University of California, the California State
University, or a California Community College, shall provide to the
university, college, or particular campus of the university or
college, for use by students attending the University of California,
the California State University, or a California Community College,
any printed instructional material in an electronic format mutually
agreed upon by the publisher or manufacturer and the college or
campus. Computer files or electronic versions of printed
instructional materials shall maintain the structural integrity of
the printed instructional material, be compatible with commonly used
braille translation and speech synthesis software, and include
corrections and revisions as may be necessary. The computer files or
electronic versions of the printed instructional material shall be
provided to the university, college, or particular campus of the
university or college at no additional cost and in a timely manner,
upon receipt of a written request that does all of the following:
(1) Certifies that the university, college, or particular campus
of the university or college has purchased the printed instructional
material for use by a student with a disability or that a student
with a disability attending or registered to attend that university,
college, or particular campus of the university or college has
purchased the printed instructional material.
(2) Certifies that the student has a disability that prevents him
or her from using standard instructional materials.
(3) Certifies that the printed instructional material is for use
by the student in connection with a course in which he or she is
registered or enrolled at the university, college, or particular
campus of the university or college.
(4) Is signed by the coordinator of services for students with
disabilities at the university, college, or particular campus of the
university or college or by the campus or college official
responsible for monitoring compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) at the university,
college, or particular campus of the university or college.
(b) An individual, firm, partnership or corporation specified in
subdivision (a) may also require that, in addition to the conditions
enumerated above, the request shall include a statement signed by the
student agreeing to both of the following:
(1) He or she will use the electronic copy of the printed
instructional material in specialized format solely for his or her
own educational purposes.
(2) He or she will not copy or duplicate the printed instructional
material for use by others.
(c) If a college or university permits a student to directly use
the electronic version of an instructional material, the disk or file
shall be copy-protected or the college or university shall take
other reasonable precautions to ensure that students do not copy or
distribute electronic versions of instructional materials in
violation of the Copyright Revisions Act of 1976, as amended (17
U.S.C. Sec. 101 et seq.).
(d) An individual, firm, partnership or corporation that publishes
or manufactures nonprinted instructional materials for students
attending the University of California, the California State
University, or a California Community College shall provide computer
files or other electronic versions of the nonprinted instructional
materials for use by students attending the University of California,
the California State University, or a California Community College,
subject to the same conditions set forth in subdivisions (a) and (b)
for printed instructional materials, when technology is available to
convert these nonprinted instructional materials to a format that
maintains the structural integrity of the nonprinted instructional
materials that is compatible with braille translation and speech
synthesis software.
(e) For purposes of this section:
(1) "Instructional material or materials" means textbooks and
other materials written and published primarily for use by students
in postsecondary instruction that are required or essential to a
student's success in a course of study in which a student with a
disability is enrolled. The determination of which materials are
"required or essential to student success" shall be made by the
instructor of the course in consultation with the official making the
request pursuant to paragraph (4) of subdivision (a) in accordance
with guidelines issued pursuant to subdivision (i). "Instructional
material or materials" does not include nontextual mathematics and
science materials until the time software becomes commercially
available that permits the conversion of existing electronic files of
the materials into a format that is compatible with braille
translation software or alternative media for students with
disabilities.
(2) "Printed instructional material or materials" means
instructional material or materials in book or other printed form.
(3) "Nonprinted instructional materials" means instructional
materials in formats other than print, and includes instructional
materials that require the availability of electronic equipment in
order to be used as a learning resource, including, but not
necessarily limited to, software programs, video disks, and video and
audio tapes.
(4) "Structural integrity" means all of the printed instructional
material, including, but not limited to, the text of the material,
sidebars, the table of contents, chapter headings and subheadings,
footnotes, indexes, glossaries, and bibliographies. "Structural
integrity" need not include nontextual elements such as pictures,
illustrations, graphs, or charts. If good faith efforts fail to
produce an agreement pursuant to subdivision (a) between the
publisher or manufacturer and the university, college, or particular
campus of the university or college, as to an electronic format that
will preserve the structural integrity of the printed instructional
material, the publisher or manufacturer shall provide the
instructional material in ASCII text and shall preserve as much of
the structural integrity of the printed instructional material as
possible.
(5) "Specialized format" means braille, audio, or digital text
that is exclusively for use by blind or other persons with
disabilities.
(f) Nothing in this section shall be construed to prohibit a
university, college, or particular campus of the university or
college from assisting a student with a disability by using the
electronic version of printed instructional material provided
pursuant to this section solely to transcribe or arrange for the
transcription of the printed instructional material into braille. In
the event a transcription is made, the campus or college shall have
the right to share the braille copy of the printed instructional
material with other students with disabilities.
(g) The Chancellor of the California Community Colleges, the
Chancellor of the California State University, and the President of
the University of California may each establish one or more centers
within their respective segments to process requests for electronic
versions of instructional materials pursuant to this section. If a
segment establishes a center or centers, each of the following shall
apply:
(1) The colleges or campuses designated as within the jurisdiction
of a center shall submit requests for instructional material made
pursuant to paragraph (4) of subdivision (a) to the center, which
shall transmit the request to the publisher or manufacturer.
(2) If there is more than one center, each center shall make every
effort to coordinate requests within its segment.
(3) The publisher or manufacturer of instructional material shall
be required to honor and respond to only those requests submitted
through a designated center.
(4) If a publisher or manufacturer has responded to a request for
instructional materials by a center, or on behalf of all the centers
within a segment, all subsequent requests for these instructional
materials shall be satisfied by the center to which the request is
made.
(h) Nothing in this section shall be deemed to authorize any use
of instructional materials that would constitute an infringement of
copyright under the Copyright Revision Act of 1976, as amended (17
U.S.C. Sec. 101 et seq.).
(i) The governing boards of the California Community Colleges, the
California State University, and the University of California shall
each adopt guidelines consistent with this section for its
implementation and administration. At a minimum, the guidelines shall
address all of the following:
(1) The designation of materials deemed "required or essential to
student success."
(2) The determination of the availability of technology for the
conversion of nonprinted materials pursuant to subdivision (d) and
the conversion of mathematics and science materials pursuant to
paragraph (4) of subdivision (e).
(3) The procedures and standards relating to distribution of files
and materials pursuant to subdivisions (a) and (b).
(4) Other matters as are deemed necessary or appropriate to carry
out the purposes of this section.
(j) Failure to comply with the requirements of this section shall
be a violation of Section 54.1 of the Civil Code.
67302.5. (a) As used in this section, the following terms have the
following meanings:
(1) "Captioned" or "captioning" means the display of text
corresponding to, and synchronized with, the spoken-word audio
portion of instructional material.
(2) "Electronic format" means a computer file or other digital
medium that embodies instructional material, is not itself captioned,
but from which a captioned format may be created using commercially
available technology.
(3) "Institution" means the University of California, the
California State University, a California Community College, or any
campus or location of any of those institutions.
(4) "Instructional material" means any audiovisual work, as that
term is defined in Section 101 of Title 17 of the United States Code,
that is created and published primarily for use by students in
postsecondary instruction, and is required for a student's success in
a course of study in which a student with a disability is enrolled.
The determination of which materials are "required for student
success" shall be made by the instructor of the course in
consultation with the official making the request pursuant to
subdivision (b) in accordance with guidelines issued pursuant to
subdivision (i).
(5) "Publisher" means any individual, firm, partnership, or
corporation that is engaged in the business, whether for profit or
not for profit, of selling instructional material in which it owns or
controls some or all of the copyright to that material. "Publisher"
does not include any entity that is a subdivision of any state or
other governmental body, other than the State of California.
(6) "Writing" includes facsimile transmission and e-mail.
(b) (1) A publisher that publishes instructional material used by
students attending, or by instructors for use in classroom
presentations at, the University of California, the California State
University, or a California Community College, shall, upon request by
an institution on behalf of a student or instructor at that
institution, do one of the following:
(A) Provide access to a captioned format of the instructional
material directly to the student or the instructor by providing an
Internet password, delivery of a disk or file, or in any other
appropriate manner.
(B) Provide to the institution a captioned format of the
instructional material.
(C) Provide to the institution an electronic format, if available,
of the instructional material, unless the institution already has an
electronic format in its possession, and a license permitting the
institution to create a captioned format of the material, to the
extent the publisher has the right to grant that license.
(2) A publisher shall respond to a properly addressed request that
meets the requirements of subdivision (c) in the following manner,
as applicable:
(A) Within 10 calendar days after the receipt of the request, the
publisher shall provide to the institution a notice, in writing, as
to which of the three actions in paragraph (1) it intends to take.
(B) If the publisher does not possess an electronic format of the
instructional material, it shall advise the institution of that fact
in the notice provided pursuant to subparagraph (A).
(C) If the publisher lacks sufficient rights to distribute, or
license the institution to create, a captioned format of some or all
of the instructional material covered by the request, it shall advise
the institution of that fact in the notice provided pursuant to
subparagraph (A), and shall provide both of the following to the
institution, to the extent that the publisher is able to do so:
(i) An electronic format of the instructional material to which
the publisher does not control the applicable rights.
(ii) The name and contact information of the person that the
publisher believes to be capable of authorizing creation of a
captioned format of the instructional material. Any person capable of
authorizing the creation of the captioned format shall be deemed to
be the publisher of that material for purposes of this section.
(D) If the publisher notifies the institution that it will provide
an electronic format and a license permitting the institution to
create a captioned format, it shall provide the electronic format and
the license within seven calendar days of providing the notice
pursuant to subparagraph (A).
(E) If the publisher notifies the institution that it will provide
a captioned format of the requested material, the publisher shall
provide the captioned format as soon as it is possible to do so, but
not later than 14 calendar days after providing the notice pursuant
to subparagraph (A).
(3) If a publisher fails to respond to a request, as required by
paragraph (2), within 10 calendar days of receiving the request, the
institution shall be deemed to have received a license permitting the
institution to create a captioned format of the instructional
material.
(c) (1) An institution, if it chooses to submit a request pursuant
to subdivision (b), shall include in the request all of the
following:
(A) Certification that the institution or an instructor at that
institution has purchased the instructional material either (i) for
use by a student with an auditory disability that prevents the
student from using the instructional material in a noncaptioned
format or (ii) for use in a class in which a student with such a
disability is enrolled, or that a student with such a disability
attending, or registered to attend, that institution has purchased
the instructional material.
(B) Certification that the student has an auditory disability that
prevents the student from using instructional material in
noncaptioned format.
(C) Certification that the instructional material is for use by
the student or an instructor in connection with a course in which the
student is registered or enrolled at the institution.
(D) The signature of the coordinator of services for students with
disabilities at the institution, or by an official responsible for
monitoring compliance with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) at the institution.
(E) At a minimum, an e-mail address and a facsimile number at
which the person signing the request may be contacted.
(2) A publisher may require, in addition to the requirements
enumerated in paragraph (1), a request to include a statement signed
by the student agreeing to both of the following:
(A) He or she will use the captioned format of the instructional
material solely for his or her own educational purposes.
(B) He or she will not distribute or reproduce the captioned
format for use by others.
(d) (1) Any institution possessing an electronic format of an
instructional material shall take reasonable precautions to ensure
that the electronic format is not distributed to any third party,
except as provided in paragraph (2) and subdivision (e), and shall,
to the extent possible, maintain in effect all copy-protection
measures embedded in any electronic format provided by a publisher.
(2) An institution may retain an outside vendor to assist it in
the exercise of rights granted to it by a publisher or by this
section, and shall ensure, pursuant to an agreement that the
publisher and the institution shall both have the power to enforce,
that the electronic format is not further distributed and that any
captioned format made from it is provided only to the institution.
(e) (1) If a publisher provides to an institution a captioned
format of instructional materials, the institution shall provide the
captioned format to the student or instructor on whose behalf the
request was made and may retain a copy of that captioned format.
(2) Except as provided in paragraph (4), if a publisher grants an
institution a license to create a captioned format, the institution
shall provide a copy of the resulting captioned format to the
publisher and may retain a copy of the captioned format.
(3) Pursuant to paragraph (1) or (2), the institution may provide
additional copies to any other of its students, any instructor
employed by the institution for classroom use, any student at any
other institution, or any other institution for classroom use, if the
institution collects and forwards to the publisher all institutional
and student certifications required under subdivision (b).
(4) The institution shall cease to distribute additional copies of
a captioned format to any other institution if either of the
following occurs:
(A) The institution receives notice that a captioned format has
become commercially available from the publisher or other copyright
owner of the instructional material. However, if this occurs, the
institution may continue to allow its own instructors to use any
captioned format that the institution previously created.
(B) The publisher, or other copyright owner, of the instructional
material notifies the institution that the institution's captioned
format contains material errors or omissions.
(5) An instructor who receives a captioned format, or access to a
captioned format pursuant to subparagraph (A) of paragraph (1) of
subdivision (b), shall not use the captioned format for any purposes
except for the classroom use for which the captioned format was
requested or, in accordance with paragraph (3), for use in other
classes at the institution with which the instructor is affiliated at
the time that a request was made pursuant to subdivision (b).
(f) (1) The Chancellor of the California Community Colleges, the
Chancellor of the California State University, and the President of
the University of California may each designate an office, or may by
agreement designate a single office, to maintain a registry of
publisher contact information. A registry office designated pursuant
to this subdivision may be a center described in subdivision (g) of
this section or subdivision (g) of Section 67302.
(2) A publisher intending to sell instructional materials in the
state shall provide to the office designated pursuant to paragraph
(1) the name and contact information of its office or employee
designated to handle requests made under this section, or an Internet
Web site containing that information. If a publisher fails to
provide that information, a request under subdivision (b) may be sent
to a publisher at the address of its primary place of business, to
the attention of its rights and permissions department.
(g) The Chancellor of the California Community Colleges, the
Chancellor of the California State University, and the President of
the University of California may each establish one or more centers
within their respective segments to process requests pursuant to this
section. A center under this subdivision may be a center established
under subdivision (g) of Section 67302. All of the following
requirements apply with respect to any center established or
designated for the purposes of this subdivision:
(1) If an institution designated as within the jurisdiction of a
center chooses to process requests in the manner set forth in this
subdivision, it shall submit all requests made under this section to
the center, which shall transmit these requests to publishers.
(2) Each center shall make every effort to coordinate requests
within its segment.
(3) A publisher shall not be required to respond to requests from
institutions that a center has been designated to represent, unless
those requests are communicated through the center.
(4) The center shall, in handling all electronic formats and
captioned formats for the benefit of students enrolled in the
institutions the center represents, have the same rights and
obligations arising under subdivisions (d) and (e) as the
institutions on whose behalf it acts.
(h) Access to a captioned format, an electronic format, or a
license to create a captioned format pursuant to subdivision (b)
shall be provided free of any fee or royalty that is additional to
the initial purchase of the instructional material by the student,
the instructor, or the institution.
(i) (1) The Board of Governors of the California Community
Colleges and the Trustees of the California State University may, and
the Regents of the University of California are requested to, adopt
guidelines consistent with this section for its implementation and
administration. It is the intent of the Legislature that the
guidelines, if adopted, address all of the following:
(A) The designation of materials deemed "required for student
success."
(B) The procedures and standards relating to distribution of files
and materials pursuant to subdivisions (b), (d), and (e).
(C) The possibility of involving outside networks or partnerships
between publishers and institutions to provide for access to
instructional materials for students with disabilities and to
facilitate the issuance of licenses by publishers under subparagraph
(C) of paragraph (1), and paragraph (3), of subdivision (b).
(D) Other matters as are deemed necessary or appropriate to carry
out the purposes of this section.
(2) For purposes of paragraph (1), the Board of Governors of the
California Community Colleges, the Trustees of the California State
University, and the University of California are encouraged, from
time to time, in the reasonable discretion of the respective
governing body, to convene an advisory group, at least one-third of
the membership of which shall be representatives designated by
publishers as having a substantial volume of transactions with
institutions under this section.
(j) Nothing in this section shall be construed to require a
publisher to produce or deliver an electronic format of instructional
material if the publisher offers that instructional material for
sale only in a form that is not computer-readable.
(k) Nothing in this section shall be construed as vesting any
copyright or copyright interest in any captioned format in any person
or entity other than the publisher.
(l) Nothing in this section shall be construed to authorize any
use of instructional materials that would violate the takings clause
of the Fifth Amendment to the United States Constitution or would
constitute an infringement of copyright under the Copyright Revision
Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.).
(m) This section exclusively governs requests for captioned
formats of instructional materials and Section 67302 does not apply
to requests for captioned formats of instructional materials.
(n) The provisions of this section shall apply to the University
of California, the California State University, and the California
Community Colleges only to the extent that the respective
institution, by appropriate resolution, makes these provisions
applicable.
67300. Services for disabled students provided by the California
Community Colleges and the California State University shall, and
services provided for the University of California may, at a minimum,
conform to the level and quality of those services provided by the
Department of Rehabilitation to its clients prior to July 1, 1981.
However, nothing in this chapter requires the California Community
Colleges, the California State University, or the University of
California to provide the services for disabled students in the same
manner as those services were provided by the Department of
Rehabilitation.
The Board of Governors of the California Community Colleges and
the Trustees of the California State University shall, for their
respective systems, and the Regents of the University of California
may adopt regulations to implement this chapter.
Notwithstanding any other provision of this section or Section
67305, blind students who are attending California Community Colleges
under the sponsorship of the Department of Rehabilitation shall have
all reader services provided directly by the Department of
Rehabilitation. Reader services provided by the Department of
Rehabilitation pursuant to this section shall be furnished in
accordance with federal and state law. The Department of
Rehabilitation shall seek federal funds for the provision of readers
to blind students pursuant to this section.
67301. (a) The Board of Governors of the California Community
Colleges and the Trustees of the California State University shall,
and the Regents of the University of California may, adopt rules and
regulations prescribing requirements similar to those provided by
Section 22511.5 of the Vehicle Code and all other applicable sections
of the Vehicle Code relating to parking exemptions for disabled
persons, as defined by Section 295.5 of the Vehicle Code, and
disabled veterans, as defined by Section 295.7 of the Vehicle Code.
The rules and regulations shall include authorization to park for
unlimited periods in time-restricted parking zones and to park in any
metered parking space without being required to pay any parking
meter fee or to display a parking permit other than pursuant to
Section 5007 or 22511.55 of the Vehicle Code, provided those spaces
are otherwise available for use by the general public. The adopted
regulations shall authorize parking at campus facilities and grounds
by students with disabilities and by persons providing transportation
services to students with disabilities. Except as otherwise provided
in this section, students with disabilities and persons providing
transportation to students with disabilities shall be required to
display a valid parking permit, if applicable, for the campus
attended. Nothing in this section prohibits the adoption of rules and
regulations providing greater accessibility for students with
disabilities and persons providing transportation services to those
students.
The adopted rules and regulations shall exempt students with
disabilities and persons providing transportation services to these
persons from any applicable parking restrictions in areas including,
but not limited to, metered parking spaces and parking facilities
designated for use by students, faculty, administrators, and
employees.
(b) The Regents of the University of California may provide, and
the Trustees of the California State University shall provide, and
the Board of Governors of the California Community Colleges shall
adopt rules and regulations requiring the governing board of each
community college district to provide, visitor parking at each campus
of the university or district at no charge for a disabled person, as
defined by Section 295.5 of the Vehicle Code, or disabled veteran,
as defined by Section 295.7 of the Vehicle Code, or as defined by
each segment's policy concerning the provision of services to
students with disabilities, whichever is more inclusive, and for
persons providing transportation services to individuals with
disabilities. Whenever parking designated for a disabled person is
provided on any campus of the University of California, the
California State University, or a community college district in a
facility controlled by a mechanical gate, that university or district
shall also provide accommodations for any person whose disability
prevents him or her from operating the gate controls. These
accommodations may be provided by making arrangements for disabled
persons to be assisted in the operation of the gate controls, or
through other effective and reasonable means the university or
district may devise. Nothing in this subdivision shall be construed
to require the replacement or elimination of special parking
facilities restricted for the use of disabled persons located on the
campuses of these universities or districts.
It is the intent of the Legislature that community college
districts shall utilize the proceeds from parking fees charged to
community college students and employees to offset costs incurred by
these districts in accommodating disabled persons pursuant to the
requirements of this section.
(c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall, and the
Regents of the University of California may, establish procedures for
the purpose of conducting biennial audits to determine whether
individual campuses are in compliance with all state building code
requirements relating to the location and the designation of minimum
percentages of available campus parking spaces for use by students
with disabilities, as determined by guidelines of Section 14679 of
the Government Code, Section 2-7102 of Title 24 of the California
Code of Regulations, Part 40 (commencing with Section 40.1) of Title
24 of the Code of Federal Regulations, Section 1190.31 of Title 36 of
the Code of Federal Regulations, or their successor provisions, or
any other applicable provisions of law, whichever provides the
greater accessibility for disabled persons.
67302. (a) An individual, firm, partnership or corporation that
publishes or manufactures printed instructional materials for
students attending the University of California, the California State
University, or a California Community College, shall provide to the
university, college, or particular campus of the university or
college, for use by students attending the University of California,
the California State University, or a California Community College,
any printed instructional material in an electronic format mutually
agreed upon by the publisher or manufacturer and the college or
campus. Computer files or electronic versions of printed
instructional materials shall maintain the structural integrity of
the printed instructional material, be compatible with commonly used
braille translation and speech synthesis software, and include
corrections and revisions as may be necessary. The computer files or
electronic versions of the printed instructional material shall be
provided to the university, college, or particular campus of the
university or college at no additional cost and in a timely manner,
upon receipt of a written request that does all of the following:
(1) Certifies that the university, college, or particular campus
of the university or college has purchased the printed instructional
material for use by a student with a disability or that a student
with a disability attending or registered to attend that university,
college, or particular campus of the university or college has
purchased the printed instructional material.
(2) Certifies that the student has a disability that prevents him
or her from using standard instructional materials.
(3) Certifies that the printed instructional material is for use
by the student in connection with a course in which he or she is
registered or enrolled at the university, college, or particular
campus of the university or college.
(4) Is signed by the coordinator of services for students with
disabilities at the university, college, or particular campus of the
university or college or by the campus or college official
responsible for monitoring compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) at the university,
college, or particular campus of the university or college.
(b) An individual, firm, partnership or corporation specified in
subdivision (a) may also require that, in addition to the conditions
enumerated above, the request shall include a statement signed by the
student agreeing to both of the following:
(1) He or she will use the electronic copy of the printed
instructional material in specialized format solely for his or her
own educational purposes.
(2) He or she will not copy or duplicate the printed instructional
material for use by others.
(c) If a college or university permits a student to directly use
the electronic version of an instructional material, the disk or file
shall be copy-protected or the college or university shall take
other reasonable precautions to ensure that students do not copy or
distribute electronic versions of instructional materials in
violation of the Copyright Revisions Act of 1976, as amended (17
U.S.C. Sec. 101 et seq.).
(d) An individual, firm, partnership or corporation that publishes
or manufactures nonprinted instructional materials for students
attending the University of California, the California State
University, or a California Community College shall provide computer
files or other electronic versions of the nonprinted instructional
materials for use by students attending the University of California,
the California State University, or a California Community College,
subject to the same conditions set forth in subdivisions (a) and (b)
for printed instructional materials, when technology is available to
convert these nonprinted instructional materials to a format that
maintains the structural integrity of the nonprinted instructional
materials that is compatible with braille translation and speech
synthesis software.
(e) For purposes of this section:
(1) "Instructional material or materials" means textbooks and
other materials written and published primarily for use by students
in postsecondary instruction that are required or essential to a
student's success in a course of study in which a student with a
disability is enrolled. The determination of which materials are
"required or essential to student success" shall be made by the
instructor of the course in consultation with the official making the
request pursuant to paragraph (4) of subdivision (a) in accordance
with guidelines issued pursuant to subdivision (i). "Instructional
material or materials" does not include nontextual mathematics and
science materials until the time software becomes commercially
available that permits the conversion of existing electronic files of
the materials into a format that is compatible with braille
translation software or alternative media for students with
disabilities.
(2) "Printed instructional material or materials" means
instructional material or materials in book or other printed form.
(3) "Nonprinted instructional materials" means instructional
materials in formats other than print, and includes instructional
materials that require the availability of electronic equipment in
order to be used as a learning resource, including, but not
necessarily limited to, software programs, video disks, and video and
audio tapes.
(4) "Structural integrity" means all of the printed instructional
material, including, but not limited to, the text of the material,
sidebars, the table of contents, chapter headings and subheadings,
footnotes, indexes, glossaries, and bibliographies. "Structural
integrity" need not include nontextual elements such as pictures,
illustrations, graphs, or charts. If good faith efforts fail to
produce an agreement pursuant to subdivision (a) between the
publisher or manufacturer and the university, college, or particular
campus of the university or college, as to an electronic format that
will preserve the structural integrity of the printed instructional
material, the publisher or manufacturer shall provide the
instructional material in ASCII text and shall preserve as much of
the structural integrity of the printed instructional material as
possible.
(5) "Specialized format" means braille, audio, or digital text
that is exclusively for use by blind or other persons with
disabilities.
(f) Nothing in this section shall be construed to prohibit a
university, college, or particular campus of the university or
college from assisting a student with a disability by using the
electronic version of printed instructional material provided
pursuant to this section solely to transcribe or arrange for the
transcription of the printed instructional material into braille. In
the event a transcription is made, the campus or college shall have
the right to share the braille copy of the printed instructional
material with other students with disabilities.
(g) The Chancellor of the California Community Colleges, the
Chancellor of the California State University, and the President of
the University of California may each establish one or more centers
within their respective segments to process requests for electronic
versions of instructional materials pursuant to this section. If a
segment establishes a center or centers, each of the following shall
apply:
(1) The colleges or campuses designated as within the jurisdiction
of a center shall submit requests for instructional material made
pursuant to paragraph (4) of subdivision (a) to the center, which
shall transmit the request to the publisher or manufacturer.
(2) If there is more than one center, each center shall make every
effort to coordinate requests within its segment.
(3) The publisher or manufacturer of instructional material shall
be required to honor and respond to only those requests submitted
through a designated center.
(4) If a publisher or manufacturer has responded to a request for
instructional materials by a center, or on behalf of all the centers
within a segment, all subsequent requests for these instructional
materials shall be satisfied by the center to which the request is
made.
(h) Nothing in this section shall be deemed to authorize any use
of instructional materials that would constitute an infringement of
copyright under the Copyright Revision Act of 1976, as amended (17
U.S.C. Sec. 101 et seq.).
(i) The governing boards of the California Community Colleges, the
California State University, and the University of California shall
each adopt guidelines consistent with this section for its
implementation and administration. At a minimum, the guidelines shall
address all of the following:
(1) The designation of materials deemed "required or essential to
student success."
(2) The determination of the availability of technology for the
conversion of nonprinted materials pursuant to subdivision (d) and
the conversion of mathematics and science materials pursuant to
paragraph (4) of subdivision (e).
(3) The procedures and standards relating to distribution of files
and materials pursuant to subdivisions (a) and (b).
(4) Other matters as are deemed necessary or appropriate to carry
out the purposes of this section.
(j) Failure to comply with the requirements of this section shall
be a violation of Section 54.1 of the Civil Code.
67302.5. (a) As used in this section, the following terms have the
following meanings:
(1) "Captioned" or "captioning" means the display of text
corresponding to, and synchronized with, the spoken-word audio
portion of instructional material.
(2) "Electronic format" means a computer file or other digital
medium that embodies instructional material, is not itself captioned,
but from which a captioned format may be created using commercially
available technology.
(3) "Institution" means the University of California, the
California State University, a California Community College, or any
campus or location of any of those institutions.
(4) "Instructional material" means any audiovisual work, as that
term is defined in Section 101 of Title 17 of the United States Code,
that is created and published primarily for use by students in
postsecondary instruction, and is required for a student's success in
a course of study in which a student with a disability is enrolled.
The determination of which materials are "required for student
success" shall be made by the instructor of the course in
consultation with the official making the request pursuant to
subdivision (b) in accordance with guidelines issued pursuant to
subdivision (i).
(5) "Publisher" means any individual, firm, partnership, or
corporation that is engaged in the business, whether for profit or
not for profit, of selling instructional material in which it owns or
controls some or all of the copyright to that material. "Publisher"
does not include any entity that is a subdivision of any state or
other governmental body, other than the State of California.
(6) "Writing" includes facsimile transmission and e-mail.
(b) (1) A publisher that publishes instructional material used by
students attending, or by instructors for use in classroom
presentations at, the University of California, the California State
University, or a California Community College, shall, upon request by
an institution on behalf of a student or instructor at that
institution, do one of the following:
(A) Provide access to a captioned format of the instructional
material directly to the student or the instructor by providing an
Internet password, delivery of a disk or file, or in any other
appropriate manner.
(B) Provide to the institution a captioned format of the
instructional material.
(C) Provide to the institution an electronic format, if available,
of the instructional material, unless the institution already has an
electronic format in its possession, and a license permitting the
institution to create a captioned format of the material, to the
extent the publisher has the right to grant that license.
(2) A publisher shall respond to a properly addressed request that
meets the requirements of subdivision (c) in the following manner,
as applicable:
(A) Within 10 calendar days after the receipt of the request, the
publisher shall provide to the institution a notice, in writing, as
to which of the three actions in paragraph (1) it intends to take.
(B) If the publisher does not possess an electronic format of the
instructional material, it shall advise the institution of that fact
in the notice provided pursuant to subparagraph (A).
(C) If the publisher lacks sufficient rights to distribute, or
license the institution to create, a captioned format of some or all
of the instructional material covered by the request, it shall advise
the institution of that fact in the notice provided pursuant to
subparagraph (A), and shall provide both of the following to the
institution, to the extent that the publisher is able to do so:
(i) An electronic format of the instructional material to which
the publisher does not control the applicable rights.
(ii) The name and contact information of the person that the
publisher believes to be capable of authorizing creation of a
captioned format of the instructional material. Any person capable of
authorizing the creation of the captioned format shall be deemed to
be the publisher of that material for purposes of this section.
(D) If the publisher notifies the institution that it will provide
an electronic format and a license permitting the institution to
create a captioned format, it shall provide the electronic format and
the license within seven calendar days of providing the notice
pursuant to subparagraph (A).
(E) If the publisher notifies the institution that it will provide
a captioned format of the requested material, the publisher shall
provide the captioned format as soon as it is possible to do so, but
not later than 14 calendar days after providing the notice pursuant
to subparagraph (A).
(3) If a publisher fails to respond to a request, as required by
paragraph (2), within 10 calendar days of receiving the request, the
institution shall be deemed to have received a license permitting the
institution to create a captioned format of the instructional
material.
(c) (1) An institution, if it chooses to submit a request pursuant
to subdivision (b), shall include in the request all of the
following:
(A) Certification that the institution or an instructor at that
institution has purchased the instructional material either (i) for
use by a student with an auditory disability that prevents the
student from using the instructional material in a noncaptioned
format or (ii) for use in a class in which a student with such a
disability is enrolled, or that a student with such a disability
attending, or registered to attend, that institution has purchased
the instructional material.
(B) Certification that the student has an auditory disability that
prevents the student from using instructional material in
noncaptioned format.
(C) Certification that the instructional material is for use by
the student or an instructor in connection with a course in which the
student is registered or enrolled at the institution.
(D) The signature of the coordinator of services for students with
disabilities at the institution, or by an official responsible for
monitoring compliance with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) at the institution.
(E) At a minimum, an e-mail address and a facsimile number at
which the person signing the request may be contacted.
(2) A publisher may require, in addition to the requirements
enumerated in paragraph (1), a request to include a statement signed
by the student agreeing to both of the following:
(A) He or she will use the captioned format of the instructional
material solely for his or her own educational purposes.
(B) He or she will not distribute or reproduce the captioned
format for use by others.
(d) (1) Any institution possessing an electronic format of an
instructional material shall take reasonable precautions to ensure
that the electronic format is not distributed to any third party,
except as provided in paragraph (2) and subdivision (e), and shall,
to the extent possible, maintain in effect all copy-protection
measures embedded in any electronic format provided by a publisher.
(2) An institution may retain an outside vendor to assist it in
the exercise of rights granted to it by a publisher or by this
section, and shall ensure, pursuant to an agreement that the
publisher and the institution shall both have the power to enforce,
that the electronic format is not further distributed and that any
captioned format made from it is provided only to the institution.
(e) (1) If a publisher provides to an institution a captioned
format of instructional materials, the institution shall provide the
captioned format to the student or instructor on whose behalf the
request was made and may retain a copy of that captioned format.
(2) Except as provided in paragraph (4), if a publisher grants an
institution a license to create a captioned format, the institution
shall provide a copy of the resulting captioned format to the
publisher and may retain a copy of the captioned format.
(3) Pursuant to paragraph (1) or (2), the institution may provide
additional copies to any other of its students, any instructor
employed by the institution for classroom use, any student at any
other institution, or any other institution for classroom use, if the
institution collects and forwards to the publisher all institutional
and student certifications required under subdivision (b).
(4) The institution shall cease to distribute additional copies of
a captioned format to any other institution if either of the
following occurs:
(A) The institution receives notice that a captioned format has
become commercially available from the publisher or other copyright
owner of the instructional material. However, if this occurs, the
institution may continue to allow its own instructors to use any
captioned format that the institution previously created.
(B) The publisher, or other copyright owner, of the instructional
material notifies the institution that the institution's captioned
format contains material errors or omissions.
(5) An instructor who receives a captioned format, or access to a
captioned format pursuant to subparagraph (A) of paragraph (1) of
subdivision (b), shall not use the captioned format for any purposes
except for the classroom use for which the captioned format was
requested or, in accordance with paragraph (3), for use in other
classes at the institution with which the instructor is affiliated at
the time that a request was made pursuant to subdivision (b).
(f) (1) The Chancellor of the California Community Colleges, the
Chancellor of the California State University, and the President of
the University of California may each designate an office, or may by
agreement designate a single office, to maintain a registry of
publisher contact information. A registry office designated pursuant
to this subdivision may be a center described in subdivision (g) of
this section or subdivision (g) of Section 67302.
(2) A publisher intending to sell instructional materials in the
state shall provide to the office designated pursuant to paragraph
(1) the name and contact information of its office or employee
designated to handle requests made under this section, or an Internet
Web site containing that information. If a publisher fails to
provide that information, a request under subdivision (b) may be sent
to a publisher at the address of its primary place of business, to
the attention of its rights and permissions department.
(g) The Chancellor of the California Community Colleges, the
Chancellor of the California State University, and the President of
the University of California may each establish one or more centers
within their respective segments to process requests pursuant to this
section. A center under this subdivision may be a center established
under subdivision (g) of Section 67302. All of the following
requirements apply with respect to any center established or
designated for the purposes of this subdivision:
(1) If an institution designated as within the jurisdiction of a
center chooses to process requests in the manner set forth in this
subdivision, it shall submit all requests made under this section to
the center, which shall transmit these requests to publishers.
(2) Each center shall make every effort to coordinate requests
within its segment.
(3) A publisher shall not be required to respond to requests from
institutions that a center has been designated to represent, unless
those requests are communicated through the center.
(4) The center shall, in handling all electronic formats and
captioned formats for the benefit of students enrolled in the
institutions the center represents, have the same rights and
obligations arising under subdivisions (d) and (e) as the
institutions on whose behalf it acts.
(h) Access to a captioned format, an electronic format, or a
license to create a captioned format pursuant to subdivision (b)
shall be provided free of any fee or royalty that is additional to
the initial purchase of the instructional material by the student,
the instructor, or the institution.
(i) (1) The Board of Governors of the California Community
Colleges and the Trustees of the California State University may, and
the Regents of the University of California are requested to, adopt
guidelines consistent with this section for its implementation and
administration. It is the intent of the Legislature that the
guidelines, if adopted, address all of the following:
(A) The designation of materials deemed "required for student
success."
(B) The procedures and standards relating to distribution of files
and materials pursuant to subdivisions (b), (d), and (e).
(C) The possibility of involving outside networks or partnerships
between publishers and institutions to provide for access to
instructional materials for students with disabilities and to
facilitate the issuance of licenses by publishers under subparagraph
(C) of paragraph (1), and paragraph (3), of subdivision (b).
(D) Other matters as are deemed necessary or appropriate to carry
out the purposes of this section.
(2) For purposes of paragraph (1), the Board of Governors of the
California Community Colleges, the Trustees of the California State
University, and the University of California are encouraged, from
time to time, in the reasonable discretion of the respective
governing body, to convene an advisory group, at least one-third of
the membership of which shall be representatives designated by
publishers as having a substantial volume of transactions with
institutions under this section.
(j) Nothing in this section shall be construed to require a
publisher to produce or deliver an electronic format of instructional
material if the publisher offers that instructional material for
sale only in a form that is not computer-readable.
(k) Nothing in this section shall be construed as vesting any
copyright or copyright interest in any captioned format in any person
or entity other than the publisher.
(l) Nothing in this section shall be construed to authorize any
use of instructional materials that would violate the takings clause
of the Fifth Amendment to the United States Constitution or would
constitute an infringement of copyright under the Copyright Revision
Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.).
(m) This section exclusively governs requests for captioned
formats of instructional materials and Section 67302 does not apply
to requests for captioned formats of instructional materials.
(n) The provisions of this section shall apply to the University
of California, the California State University, and the California
Community Colleges only to the extent that the respective
institution, by appropriate resolution, makes these provisions
applicable.
67300. Services for disabled students provided by the California
Community Colleges and the California State University shall, and
services provided for the University of California may, at a minimum,
conform to the level and quality of those services provided by the
Department of Rehabilitation to its clients prior to July 1, 1981.
However, nothing in this chapter requires the California Community
Colleges, the California State University, or the University of
California to provide the services for disabled students in the same
manner as those services were provided by the Department of
Rehabilitation.
The Board of Governors of the California Community Colleges and
the Trustees of the California State University shall, for their
respective systems, and the Regents of the University of California
may adopt regulations to implement this chapter.
Notwithstanding any other provision of this section or Section
67305, blind students who are attending California Community Colleges
under the sponsorship of the Department of Rehabilitation shall have
all reader services provided directly by the Department of
Rehabilitation. Reader services provided by the Department of
Rehabilitation pursuant to this section shall be furnished in
accordance with federal and state law. The Department of
Rehabilitation shall seek federal funds for the provision of readers
to blind students pursuant to this section.
67301. (a) The Board of Governors of the California Community
Colleges and the Trustees of the California State University shall,
and the Regents of the University of California may, adopt rules and
regulations prescribing requirements similar to those provided by
Section 22511.5 of the Vehicle Code and all other applicable sections
of the Vehicle Code relating to parking exemptions for disabled
persons, as defined by Section 295.5 of the Vehicle Code, and
disabled veterans, as defined by Section 295.7 of the Vehicle Code.
The rules and regulations shall include authorization to park for
unlimited periods in time-restricted parking zones and to park in any
metered parking space without being required to pay any parking
meter fee or to display a parking permit other than pursuant to
Section 5007 or 22511.55 of the Vehicle Code, provided those spaces
are otherwise available for use by the general public. The adopted
regulations shall authorize parking at campus facilities and grounds
by students with disabilities and by persons providing transportation
services to students with disabilities. Except as otherwise provided
in this section, students with disabilities and persons providing
transportation to students with disabilities shall be required to
display a valid parking permit, if applicable, for the campus
attended. Nothing in this section prohibits the adoption of rules and
regulations providing greater accessibility for students with
disabilities and persons providing transportation services to those
students.
The adopted rules and regulations shall exempt students with
disabilities and persons providing transportation services to these
persons from any applicable parking restrictions in areas including,
but not limited to, metered parking spaces and parking facilities
designated for use by students, faculty, administrators, and
employees.
(b) The Regents of the University of California may provide, and
the Trustees of the California State University shall provide, and
the Board of Governors of the California Community Colleges shall
adopt rules and regulations requiring the governing board of each
community college district to provide, visitor parking at each campus
of the university or district at no charge for a disabled person, as
defined by Section 295.5 of the Vehicle Code, or disabled veteran,
as defined by Section 295.7 of the Vehicle Code, or as defined by
each segment's policy concerning the provision of services to
students with disabilities, whichever is more inclusive, and for
persons providing transportation services to individuals with
disabilities. Whenever parking designated for a disabled person is
provided on any campus of the University of California, the
California State University, or a community college district in a
facility controlled by a mechanical gate, that university or district
shall also provide accommodations for any person whose disability
prevents him or her from operating the gate controls. These
accommodations may be provided by making arrangements for disabled
persons to be assisted in the operation of the gate controls, or
through other effective and reasonable means the university or
district may devise. Nothing in this subdivision shall be construed
to require the replacement or elimination of special parking
facilities restricted for the use of disabled persons located on the
campuses of these universities or districts.
It is the intent of the Legislature that community college
districts shall utilize the proceeds from parking fees charged to
community college students and employees to offset costs incurred by
these districts in accommodating disabled persons pursuant to the
requirements of this section.
(c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall, and the
Regents of the University of California may, establish procedures for
the purpose of conducting biennial audits to determine whether
individual campuses are in compliance with all state building code
requirements relating to the location and the designation of minimum
percentages of available campus parking spaces for use by students
with disabilities, as determined by guidelines of Section 14679 of
the Government Code, Section 2-7102 of Title 24 of the California
Code of Regulations, Part 40 (commencing with Section 40.1) of Title
24 of the Code of Federal Regulations, Section 1190.31 of Title 36 of
the Code of Federal Regulations, or their successor provisions, or
any other applicable provisions of law, whichever provides the
greater accessibility for disabled persons.
67302. (a) An individual, firm, partnership or corporation that
publishes or manufactures printed instructional materials for
students attending the University of California, the California State
University, or a California Community College, shall provide to the
university, college, or particular campus of the university or
college, for use by students attending the University of California,
the California State University, or a California Community College,
any printed instructional material in an electronic format mutually
agreed upon by the publisher or manufacturer and the college or
campus. Computer files or electronic versions of printed
instructional materials shall maintain the structural integrity of
the printed instructional material, be compatible with commonly used
braille translation and speech synthesis software, and include
corrections and revisions as may be necessary. The computer files or
electronic versions of the printed instructional material shall be
provided to the university, college, or particular campus of the
university or college at no additional cost and in a timely manner,
upon receipt of a written request that does all of the following:
(1) Certifies that the university, college, or particular campus
of the university or college has purchased the printed instructional
material for use by a student with a disability or that a student
with a disability attending or registered to attend that university,
college, or particular campus of the university or college has
purchased the printed instructional material.
(2) Certifies that the student has a disability that prevents him
or her from using standard instructional materials.
(3) Certifies that the printed instructional material is for use
by the student in connection with a course in which he or she is
registered or enrolled at the university, college, or particular
campus of the university or college.
(4) Is signed by the coordinator of services for students with
disabilities at the university, college, or particular campus of the
university or college or by the campus or college official
responsible for monitoring compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) at the university,
college, or particular campus of the university or college.
(b) An individual, firm, partnership or corporation specified in
subdivision (a) may also require that, in addition to the conditions
enumerated above, the request shall include a statement signed by the
student agreeing to both of the following:
(1) He or she will use the electronic copy of the printed
instructional material in specialized format solely for his or her
own educational purposes.
(2) He or she will not copy or duplicate the printed instructional
material for use by others.
(c) If a college or university permits a student to directly use
the electronic version of an instructional material, the disk or file
shall be copy-protected or the college or university shall take
other reasonable precautions to ensure that students do not copy or
distribute electronic versions of instructional materials in
violation of the Copyright Revisions Act of 1976, as amended (17
U.S.C. Sec. 101 et seq.).
(d) An individual, firm, partnership or corporation that publishes
or manufactures nonprinted instructional materials for students
attending the University of California, the California State
University, or a California Community College shall provide computer
files or other electronic versions of the nonprinted instructional
materials for use by students attending the University of California,
the California State University, or a California Community College,
subject to the same conditions set forth in subdivisions (a) and (b)
for printed instructional materials, when technology is available to
convert these nonprinted instructional materials to a format that
maintains the structural integrity of the nonprinted instructional
materials that is compatible with braille translation and speech
synthesis software.
(e) For purposes of this section:
(1) "Instructional material or materials" means textbooks and
other materials written and published primarily for use by students
in postsecondary instruction that are required or essential to a
student's success in a course of study in which a student with a
disability is enrolled. The determination of which materials are
"required or essential to student success" shall be made by the
instructor of the course in consultation with the official making the
request pursuant to paragraph (4) of subdivision (a) in accordance
with guidelines issued pursuant to subdivision (i). "Instructional
material or materials" does not include nontextual mathematics and
science materials until the time software becomes commercially
available that permits the conversion of existing electronic files of
the materials into a format that is compatible with braille
translation software or alternative media for students with
disabilities.
(2) "Printed instructional material or materials" means
instructional material or materials in book or other printed form.
(3) "Nonprinted instructional materials" means instructional
materials in formats other than print, and includes instructional
materials that require the availability of electronic equipment in
order to be used as a learning resource, including, but not
necessarily limited to, software programs, video disks, and video and
audio tapes.
(4) "Structural integrity" means all of the printed instructional
material, including, but not limited to, the text of the material,
sidebars, the table of contents, chapter headings and subheadings,
footnotes, indexes, glossaries, and bibliographies. "Structural
integrity" need not include nontextual elements such as pictures,
illustrations, graphs, or charts. If good faith efforts fail to
produce an agreement pursuant to subdivision (a) between the
publisher or manufacturer and the university, college, or particular
campus of the university or college, as to an electronic format that
will preserve the structural integrity of the printed instructional
material, the publisher or manufacturer shall provide the
instructional material in ASCII text and shall preserve as much of
the structural integrity of the printed instructional material as
possible.
(5) "Specialized format" means braille, audio, or digital text
that is exclusively for use by blind or other persons with
disabilities.
(f) Nothing in this section shall be construed to prohibit a
university, college, or particular campus of the university or
college from assisting a student with a disability by using the
electronic version of printed instructional material provided
pursuant to this section solely to transcribe or arrange for the
transcription of the printed instructional material into braille. In
the event a transcription is made, the campus or college shall have
the right to share the braille copy of the printed instructional
material with other students with disabilities.
(g) The Chancellor of the California Community Colleges, the
Chancellor of the California State University, and the President of
the University of California may each establish one or more centers
within their respective segments to process requests for electronic
versions of instructional materials pursuant to this section. If a
segment establishes a center or centers, each of the following shall
apply:
(1) The colleges or campuses designated as within the jurisdiction
of a center shall submit requests for instructional material made
pursuant to paragraph (4) of subdivision (a) to the center, which
shall transmit the request to the publisher or manufacturer.
(2) If there is more than one center, each center shall make every
effort to coordinate requests within its segment.
(3) The publisher or manufacturer of instructional material shall
be required to honor and respond to only those requests submitted
through a designated center.
(4) If a publisher or manufacturer has responded to a request for
instructional materials by a center, or on behalf of all the centers
within a segment, all subsequent requests for these instructional
materials shall be satisfied by the center to which the request is
made.
(h) Nothing in this section shall be deemed to authorize any use
of instructional materials that would constitute an infringement of
copyright under the Copyright Revision Act of 1976, as amended (17
U.S.C. Sec. 101 et seq.).
(i) The governing boards of the California Community Colleges, the
California State University, and the University of California shall
each adopt guidelines consistent with this section for its
implementation and administration. At a minimum, the guidelines shall
address all of the following:
(1) The designation of materials deemed "required or essential to
student success."
(2) The determination of the availability of technology for the
conversion of nonprinted materials pursuant to subdivision (d) and
the conversion of mathematics and science materials pursuant to
paragraph (4) of subdivision (e).
(3) The procedures and standards relating to distribution of files
and materials pursuant to subdivisions (a) and (b).
(4) Other matters as are deemed necessary or appropriate to carry
out the purposes of this section.
(j) Failure to comply with the requirements of this section shall
be a violation of Section 54.1 of the Civil Code.
67302.5. (a) As used in this section, the following terms have the
following meanings:
(1) "Captioned" or "captioning" means the display of text
corresponding to, and synchronized with, the spoken-word audio
portion of instructional material.
(2) "Electronic format" means a computer file or other digital
medium that embodies instructional material, is not itself captioned,
but from which a captioned format may be created using commercially
available technology.
(3) "Institution" means the University of California, the
California State University, a California Community College, or any
campus or location of any of those institutions.
(4) "Instructional material" means any audiovisual work, as that
term is defined in Section 101 of Title 17 of the United States Code,
that is created and published primarily for use by students in
postsecondary instruction, and is required for a student's success in
a course of study in which a student with a disability is enrolled.
The determination of which materials are "required for student
success" shall be made by the instructor of the course in
consultation with the official making the request pursuant to
subdivision (b) in accordance with guidelines issued pursuant to
subdivision (i).
(5) "Publisher" means any individual, firm, partnership, or
corporation that is engaged in the business, whether for profit or
not for profit, of selling instructional material in which it owns or
controls some or all of the copyright to that material. "Publisher"
does not include any entity that is a subdivision of any state or
other governmental body, other than the State of California.
(6) "Writing" includes facsimile transmission and e-mail.
(b) (1) A publisher that publishes instructional material used by
students attending, or by instructors for use in classroom
presentations at, the University of California, the California State
University, or a California Community College, shall, upon request by
an institution on behalf of a student or instructor at that
institution, do one of the following:
(A) Provide access to a captioned format of the instructional
material directly to the student or the instructor by providing an
Internet password, delivery of a disk or file, or in any other
appropriate manner.
(B) Provide to the institution a captioned format of the
instructional material.
(C) Provide to the institution an electronic format, if available,
of the instructional material, unless the institution already has an
electronic format in its possession, and a license permitting the
institution to create a captioned format of the material, to the
extent the publisher has the right to grant that license.
(2) A publisher shall respond to a properly addressed request that
meets the requirements of subdivision (c) in the following manner,
as applicable:
(A) Within 10 calendar days after the receipt of the request, the
publisher shall provide to the institution a notice, in writing, as
to which of the three actions in paragraph (1) it intends to take.
(B) If the publisher does not possess an electronic format of the
instructional material, it shall advise the institution of that fact
in the notice provided pursuant to subparagraph (A).
(C) If the publisher lacks sufficient rights to distribute, or
license the institution to create, a captioned format of some or all
of the instructional material covered by the request, it shall advise
the institution of that fact in the notice provided pursuant to
subparagraph (A), and shall provide both of the following to the
institution, to the extent that the publisher is able to do so:
(i) An electronic format of the instructional material to which
the publisher does not control the applicable rights.
(ii) The name and contact information of the person that the
publisher believes to be capable of authorizing creation of a
captioned format of the instructional material. Any person capable of
authorizing the creation of the captioned format shall be deemed to
be the publisher of that material for purposes of this section.
(D) If the publisher notifies the institution that it will provide
an electronic format and a license permitting the institution to
create a captioned format, it shall provide the electronic format and
the license within seven calendar days of providing the notice
pursuant to subparagraph (A).
(E) If the publisher notifies the institution that it will provide
a captioned format of the requested material, the publisher shall
provide the captioned format as soon as it is possible to do so, but
not later than 14 calendar days after providing the notice pursuant
to subparagraph (A).
(3) If a publisher fails to respond to a request, as required by
paragraph (2), within 10 calendar days of receiving the request, the
institution shall be deemed to have received a license permitting the
institution to create a captioned format of the instructional
material.
(c) (1) An institution, if it chooses to submit a request pursuant
to subdivision (b), shall include in the request all of the
following:
(A) Certification that the institution or an instructor at that
institution has purchased the instructional material either (i) for
use by a student with an auditory disability that prevents the
student from using the instructional material in a noncaptioned
format or (ii) for use in a class in which a student with such a
disability is enrolled, or that a student with such a disability
attending, or registered to attend, that institution has purchased
the instructional material.
(B) Certification that the student has an auditory disability that
prevents the student from using instructional material in
noncaptioned format.
(C) Certification that the instructional material is for use by
the student or an instructor in connection with a course in which the
student is registered or enrolled at the institution.
(D) The signature of the coordinator of services for students with
disabilities at the institution, or by an official responsible for
monitoring compliance with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) at the institution.
(E) At a minimum, an e-mail address and a facsimile number at
which the person signing the request may be contacted.
(2) A publisher may require, in addition to the requirements
enumerated in paragraph (1), a request to include a statement signed
by the student agreeing to both of the following:
(A) He or she will use the captioned format of the instructional
material solely for his or her own educational purposes.
(B) He or she will not distribute or reproduce the captioned
format for use by others.
(d) (1) Any institution possessing an electronic format of an
instructional material shall take reasonable precautions to ensure
that the electronic format is not distributed to any third party,
except as provided in paragraph (2) and subdivision (e), and shall,
to the extent possible, maintain in effect all copy-protection
measures embedded in any electronic format provided by a publisher.
(2) An institution may retain an outside vendor to assist it in
the exercise of rights granted to it by a publisher or by this
section, and shall ensure, pursuant to an agreement that the
publisher and the institution shall both have the power to enforce,
that the electronic format is not further distributed and that any
captioned format made from it is provided only to the institution.
(e) (1) If a publisher provides to an institution a captioned
format of instructional materials, the institution shall provide the
captioned format to the student or instructor on whose behalf the
request was made and may retain a copy of that captioned format.
(2) Except as provided in paragraph (4), if a publisher grants an
institution a license to create a captioned format, the institution
shall provide a copy of the resulting captioned format to the
publisher and may retain a copy of the captioned format.
(3) Pursuant to paragraph (1) or (2), the institution may provide
additional copies to any other of its students, any instructor
employed by the institution for classroom use, any student at any
other institution, or any other institution for classroom use, if the
institution collects and forwards to the publisher all institutional
and student certifications required under subdivision (b).
(4) The institution shall cease to distribute additional copies of
a captioned format to any other institution if either of the
following occurs:
(A) The institution receives notice that a captioned format has
become commercially available from the publisher or other copyright
owner of the instructional material. However, if this occurs, the
institution may continue to allow its own instructors to use any
captioned format that the institution previously created.
(B) The publisher, or other copyright owner, of the instructional
material notifies the institution that the institution's captioned
format contains material errors or omissions.
(5) An instructor who receives a captioned format, or access to a
captioned format pursuant to subparagraph (A) of paragraph (1) of
subdivision (b), shall not use the captioned format for any purposes
except for the classroom use for which the captioned format was
requested or, in accordance with paragraph (3), for use in other
classes at the institution with which the instructor is affiliated at
the time that a request was made pursuant to subdivision (b).
(f) (1) The Chancellor of the California Community Colleges, the
Chancellor of the California State University, and the President of
the University of California may each designate an office, or may by
agreement designate a single office, to maintain a registry of
publisher contact information. A registry office designated pursuant
to this subdivision may be a center described in subdivision (g) of
this section or subdivision (g) of Section 67302.
(2) A publisher intending to sell instructional materials in the
state shall provide to the office designated pursuant to paragraph
(1) the name and contact information of its office or employee
designated to handle requests made under this section, or an Internet
Web site containing that information. If a publisher fails to
provide that information, a request under subdivision (b) may be sent
to a publisher at the address of its primary place of business, to
the attention of its rights and permissions department.
(g) The Chancellor of the California Community Colleges, the
Chancellor of the California State University, and the President of
the University of California may each establish one or more centers
within their respective segments to process requests pursuant to this
section. A center under this subdivision may be a center established
under subdivision (g) of Section 67302. All of the following
requirements apply with respect to any center established or
designated for the purposes of this subdivision:
(1) If an institution designated as within the jurisdiction of a
center chooses to process requests in the manner set forth in this
subdivision, it shall submit all requests made under this section to
the center, which shall transmit these requests to publishers.
(2) Each center shall make every effort to coordinate requests
within its segment.
(3) A publisher shall not be required to respond to requests from
institutions that a center has been designated to represent, unless
those requests are communicated through the center.
(4) The center shall, in handling all electronic formats and
captioned formats for the benefit of students enrolled in the
institutions the center represents, have the same rights and
obligations arising under subdivisions (d) and (e) as the
institutions on whose behalf it acts.
(h) Access to a captioned format, an electronic format, or a
license to create a captioned format pursuant to subdivision (b)
shall be provided free of any fee or royalty that is additional to
the initial purchase of the instructional material by the student,
the instructor, or the institution.
(i) (1) The Board of Governors of the California Community
Colleges and the Trustees of the California State University may, and
the Regents of the University of California are requested to, adopt
guidelines consistent with this section for its implementation and
administration. It is the intent of the Legislature that the
guidelines, if adopted, address all of the following:
(A) The designation of materials deemed "required for student
success."
(B) The procedures and standards relating to distribution of files
and materials pursuant to subdivisions (b), (d), and (e).
(C) The possibility of involving outside networks or partnerships
between publishers and institutions to provide for access to
instructional materials for students with disabilities and to
facilitate the issuance of licenses by publishers under subparagraph
(C) of paragraph (1), and paragraph (3), of subdivision (b).
(D) Other matters as are deemed necessary or appropriate to carry
out the purposes of this section.
(2) For purposes of paragraph (1), the Board of Governors of the
California Community Colleges, the Trustees of the California State
University, and the University of California are encouraged, from
time to time, in the reasonable discretion of the respective
governing body, to convene an advisory group, at least one-third of
the membership of which shall be representatives designated by
publishers as having a substantial volume of transactions with
institutions under this section.
(j) Nothing in this section shall be construed to require a
publisher to produce or deliver an electronic format of instructional
material if the publisher offers that instructional material for
sale only in a form that is not computer-readable.
(k) Nothing in this section shall be construed as vesting any
copyright or copyright interest in any captioned format in any person
or entity other than the publisher.
(l) Nothing in this section shall be construed to authorize any
use of instructional materials that would violate the takings clause
of the Fifth Amendment to the United States Constitution or would
constitute an infringement of copyright under the Copyright Revision
Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.).
(m) This section exclusively governs requests for captioned
formats of instructional materials and Section 67302 does not apply
to requests for captioned formats of instructional materials.
(n) The provisions of this section shall apply to the University
of California, the California State University, and the California
Community Colleges only to the extent that the respective
institution, by appropriate resolution, makes these provisions
applicable.
