State Codes and Statutes
Statutes > Utah > Title-53b > Chapter-23 > 53b-23-10353B-23-103. Instructional materials to be provided in electronic format.
(1) (a) On or after January 1, 2009, any person that publishes or manufactures printedinstructional material for students attending a state institution of higher education shall provide tothe institution for use by students attending the institution any printed instructional material in anelectronic format mutually agreed upon by the publisher or manufacturer and the institution.
(b) Computer files or electronic versions of the printed instructional material shall:
(i) maintain the structural integrity of the printed instructional material;
(ii) be compatible with commonly used braille translation and speech synthesis software;and
(iii) include corrections and revisions as may be necessary.
(c) If good faith efforts fail to produce an agreement pursuant to Subsection (1)(a)between the publisher or manufacturer and the institution as to an electronic format that willpreserve the structural integrity of the printed instructional material, the publisher ormanufacturer shall provide the instructional material in ASCII text and shall preserve as much ofthe structural integrity of the printed instructional material as possible.
(2) The computer files or electronic versions of the printed instructional material shall beprovided to the institution at no additional cost and in a timely manner, upon receipt of a writtenrequest that:
(a) certifies that the institution has purchased the printed instructional material for use bya student with a disability or that a student with a disability attending or registered to attend thatinstitution has purchased the printed instructional material;
(b) certifies that the student has a disability that prevents the student from using standardinstructional materials;
(c) certifies that the printed instructional material is for use by the student in connectionwith a course in which the student is registered or enrolled at the institution; and
(d) is signed by the coordinator of services for students with disabilities at the institutionor by the official responsible for monitoring compliance with the Americans with Disabilities Actof 1990, 42 U.S.C. 12101 et seq. at the institution.
(3) A publisher or manufacturer providing instructional materials in an electronic formatto an institution may require that, in addition to the requirements specified in Subsections (2)(a)through (2)(d), the request shall include a statement signed by the student that:
(a) the student will use the electronic copy of the printed instructional material inspecialized format solely for the student's own educational purposes; and
(b) the student will not copy or duplicate the printed instructional material for use byothers.
(4) If an institution permits a student to directly use the electronic version of aninstructional material, the disk or file shall be copy-protected or the institution shall take otherreasonable precautions to ensure that the student does not copy or distribute electronic versionsof instructional materials in violation of the Copyright Revisions Act of 1976, 17 U.S.C. Sec.101 et seq.
(5) A person that publishes or manufactures nonprinted instructional materials forstudents attending a state institution of higher education shall provide computer files or otherelectronic versions of the nonprinted instructional materials for use by students attending theinstitution subject to the same requirements specified in Subsections (1) and (2) for printedinstructional materials, when technology is available to convert the nonprinted instructional
materials to a format that maintains the structural integrity of the nonprinted instructionalmaterials that is compatible with braille translation and speech synthesis software.
(6) Nothing in this chapter shall be construed to prohibit an institution from assisting astudent with a disability by using the electronic version of printed instructional material providedpursuant to this section solely to transcribe or arrange for the transcription of the printedinstructional materials into braille. If a transcription is made, the institution shall have the rightto share the braille copy of the printed instructional material with other students with disabilities.
Enacted by Chapter 301, 2006 General Session
