[Dtb-talk] Proposed Legislation in House of Representatives, Higher Education Text Book Accessibility
Berkowitz, Daniel J
djbrky at bu.edu
Thu Aug 23 13:14:17 CDT 2007
Assuming this is open for discussion. I recommend the following (in no
particular order):
a) Alongside textbooks include printed materials or materials in a print
or hardcopy print format.
b) I understand the emphasis on blind end-users, but most of the clients
in postsecondary education have other print disabilities such as LD,
AD/HD, low vision, mobility, etc. That is a problem with the Chaffee --
it is too focused on one disability category.
c) The dates are too soon in the future. Legislators will look at this
and say it cannot be done in such a short time span and ignore it.
d) It is much too close in language to the NIMAS legislation. Until the
dust settles on that I cannot see this making any headway.
=========================
Daniel Berkowitz - Assistant Director
Boston University Office of Disability Services
19 Deerfield Street, 2nd floor
Boston, MA 02215
(617) 353-3658 (office)
(617) 353-9646 (fax)
djbrky at bu.edu (eMail)
www.bu.edu/disability
>-----Original Message-----
>From: dtb-talk-bounces at nfbnet.org [mailto:dtb-talk-bounces at nfbnet.org]
On
>Behalf Of David Andrews
>Sent: Thursday, August 23, 2007 1:03 PM
>To: dtb-talk at nfbnet.org; nabs-l at nfbnet.org
>Subject: [Dtb-talk] Proposed Legislation in House of Representatives,
>Higher Education Text Book Accessibility
>
>[Discussion Draft]
>[DISCUSSION DRAFT]
>110TH CONGRESS
>1ST SESSION H. R
>
>
>To improve access to printed and electronic textbooks for higher
education
>students and faculty members who are blind or unable to read printed
>texts due to disability, and for other purposes.
>
>IN THE HOUSE OF REPRESENTATIVES
>
>Mr. GRIJALVA introduced the following bill; which was referred to the
>Committee on ________________________l
>A BILL
>
>To improve access to printed and electronic
>textbooks for higher education students and
>faculty members who are blind or unable to read
>printed texts due to disability, and for other purposes.
>
>Be it enacted by the Senate and House of
>Representatives of the United States of America in Congress assembled,
>
>SECTION 1. SHORT TITLE.
>This Act may be cited as the ''Higher Education Textbook Access Act of
>2007''.
>
>SEC. 2. PURPOSE.
>The purpose of this Act is to improve access to
>printed and electronic textbooks for higher
>education students and faculty members who are
>blind or unable to read printed texts due to
>disability, through creation of a coordinated and
>efficient system that facilitates secure
>distribution of electronic text editions prepared
>in a standard format suitable for reproduction in specialized formats.
>
>SEC. 3. TECHNICAL STANDARDS.
>(a) STANDARDS.-
>
>(1) PUBLICATION.-The Secretary of Education shall
>publish in the Federal Register technical
>standards to be known as the Higher Education Textbook Access
Standards-
>(A) as a proposed rule, not later than 180 days
>after the date of enactment of this Act; and
>
>(B) as a final rule, not later than 270 days
>after the date of enactment of this Act.
>
> (2) PUBLIC COMMENT.-The Secretary
>shall provide an opportunity for the submission
>of comments by the public regarding a proposed
>rule prior to publication under paragraph (1)(B) of a final rule.
>
> (3) CONTENTS.-The Higher Education Textbook Access Standard
>shall-
>
>(A) define the specific technical parameters of
>the national electronic file format to be used by
>publishers of textbooks in the preparation of
>electronic files suitable for efficient representation in specialized
>formats;
>
>(B) be consistent with and based on the National
>Instructional Materials Accessibility Standard
>required pursuant to section 674(e)(3)(B) of the
>Individuals with Disabilities Education Act (20 U.S.C. 1474(e)(3)(B));
and
>
>(C) assure that files created in
>accordance with the standard are accessible to
>and usable 13 by qualified students and faculty in higher education.
>
>
>(b) REVIEW AND AMENDMENT.-The Secretary, with
>the advice of technical experts in electronic
>file standards, shall periodically review, and as
>appropriate, amend the technical standards
>prescribed under subsection (a) to reflect technological advances or
>changes.
>
>SEC. 4. PUBLISHER REQUIREMENTS.
>(a) ELECTRONIC FILE STANDARD
>REQUIRED.-Within two years of the date of
>enactment of this Act, publishers of printed and
>electronic textbooks made available for use in
>higher education shall furnish an electronic copy
>of each new edition of every textbook, in
>accordance with the standard prescribed under
>section 3, to the National Higher Education
>Textbook Access Center (the 3 Center) established pursuant to section
5.
>
>(b) EXEMPTED MATERIALS.-Any edition of
>any 5 textbook made available for use by students
>and faculty in higher education on a date prior
>to two years following the date of enactment of
>this Act need not be provided to the Center as
>otherwise required by subsection (a).
>
>
>SEC. 5. NATIONAL HIGHER EDUCATION TEXTBOOK ACCESS CENTER.
>(a) ESTABLISHMENT.-Not later than one year after
>the date of enactment of this Act, the Secretary
>shall establish a center to be known as the
>National Higher Education Textbook Access Center,
>which shall coordinate acquisition and
>distribution of textbooks used in higher
>education in the electronic file format standard
>prescribed under section 3(a).
>
>(b) DUTIES.-The Center shall have the following duties:
>
>(1) Determine that individuals who receive
>accessible textbooks from the Center are eligible
>to receive reproductions of nondramatic literary
>works in specialized formats for blind and
>disabled individuals in accordance with section
>121 of title 17, United States Code, and those
>eligible to receive higher education textbooks include-
>
>(A) blind persons whose visual acuity, as
>determined by competent authority, is 20/200 or
>less in the better eye with correcting lenses, or
>whose widest diameter of visual field subtends an
>angular distance no greater than 20 degrees;
>
>(B) persons whose visual disability, with
>correction and regardless of optical measurement,
>is certified by competent authority as preventing
>the reading of standard printed material;
>
>
>(C) persons certified by competent authority as
>unable to read or unable to use standard printed
>material as a result of physical limitations; or
>(D) persons certified by competent authority as
>having a reading disability resulting from
>organic dysfunction and of sufficient severity to
>prevent their reading printed material in a normal manner.
>
>(2) Receive textbooks under section 4(a)
>in the national electronic file format prescribed
>under section 3(a) and provide these materials to eligible individuals.
>
>(3) Provide copyright-protected
>electronic editions of textbooks in xthe standard
>prescribed under section 3 when an eligible
>student or instructor requests such edition and
>provides either proof of purchase of the standard
>print edition or proof of lawful possession from the publisher of such
>edition.
>
>
>(4) Develop and publish procedures the
>Center will use for submission, cataloging,
>retrieval, and distribution of accessible textbooks.
>
>(5) Develop, adopt, and publish
>procedures to protect against copyright
>infringement and otherwise to administratively
>assure compliance with title 17, United States
>Code, with respect to the instructional materials provided under this
Act.
>
> (c) OPERATION.-To assist in carrying
>out subsection (a), the Secretary shall award, on
>a competitive basis, a contract renewable on a
>biannual basis with a nonprofit organization, or
>with a consortium of such organizations,
>determined by the Secretary to be best qualified
>to carry out the responsibilities described in
>subsection (b). The contractor shall report to
>whomever the Secretary designates for this purpose.
>
>(d) AUTHORIZATION OF APPROPRIATIONS.-There is
>authorized to be appropriated for the
>establishment of the National Higher Education
>Textbook Access Center $1,000,000 for fiscal year
>2008, and such sums as may be necessary for
>continuing operation of the Center for succeeding fiscal years.
>SEC. 6. ENFORCEMENT.
> (a) CAUSE OF ACTION.-A student
>enrolled in an institution of higher education or
>an instructor employed by such an institution who
>contends that there has been a violation of this
>Act has the right to pursue a private right of
>action in any State court of competent
>jurisdiction or in a district court of the United
>States of competent jurisdiction without regard
>to the amount in controversy within 2 years of the alleged violation.
>
> (b) STANDING OF
>ORGANIZATIONS.-Organizations representing the
>interests of persons who are blind or who have
>other disabilities shall have standing to assert
>any right afforded under this Act and shall be
>subject to the same requirements and terms as a student.
>
>(c) AVAILABLE REMEDIES.-A prevailing plaintiff
>shall be entitled to injunctive relief and
>reasonable attorney fees and costs. No other type
>of monetary damages shall be available.
>
>SEC. 7. RELATIONSHIP TO SECTION 121 OF THE COPYRIGHT ACT.
>A publisher that provides texts to the National
>Higher Education Textbook Access Center in the
>National Higher Education Access Standard
>prescribed under section 3(a), shall, for such
>purposes, be considered an authorized entity
>within the meaning of section 121 of title 17, United States Code.
>
>SEC. 8. PREEMPTION OF INCONSISTENT STATE REQUIREMENTS.
>This Act supersedes any inconsistent requirements
>in the laws or regulations of any State, with
>respect to publishers providing textbooks in the
>form of electronic files intended for conversion
>into specialized formats to be used by blind or
>other persons with print disabilities in higher education.
>
>SEC. 9. DEFINITIONS.
>In this Act:
>
>(1) The term ''print disability'' means, with
>respect to a student or instructor in higher
>education eligibility or qualification under the
>Act of March 3, 1931, entitled ''An Act to
>Provide Books for the Adult Blind'' (2 U.S.C.
>135a), to receive books and other publications produced in specialized
>formats.
>
>(2) The term ''textbooks'' means printed or
>electronic-publisher-produced materials developed
>primarily for use in higher education and
>designated by a course instructor or institution
>of higher education as necessary for a particular course of study.
>
>(3) The term ''Center'' means the National Higher
>Education Textbook Access Center established by the Secretary under
section
>5.
>
>(4) The term ''Secretary'' means the Secretary of Education.
>
>(5) The term ''specialized format'' means
>Braille, synthesized speech, digital text, or digital audio.
>
>
>David Andrews and white cane Harry.
>
>
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