[Dtb-talk] Proposed Legislation in House of Representatives, Higher Education Text Book Accessibility
Mike Freeman
k7uij at panix.com
Thu Aug 23 22:25:59 CDT 2007
WE can only deal with the blind; let those with other disabilities
garner their own legislation. Our experience is that if legislation
doesn't specifically deal with blindness, the blind get left behind in
the shuffle as there are many more LD persons than blind persons.
Mike
----- Original Message -----
From: Berkowitz, Daniel J
To: Discussion of Digital Talking Books
Sent: Thursday, August 23, 2007 11:14 AM
Subject: Re: [Dtb-talk] Proposed Legislation in House of
Representatives,Higher Education Text Book Accessibility
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.
>
>
>_______________________________________________
>Dtb-talk mailing list
>Dtb-talk at nfbnet.org
>http://www.nfbnet.org/mailman/listinfo/dtb-talk
_______________________________________________
Dtb-talk mailing list
Dtb-talk at nfbnet.org
http://www.nfbnet.org/mailman/listinfo/dtb-talk
-------------- next part --------------
WE can only deal with the blind; let those with other disabilities garner their own legislation. Our experience is that if legislation doesn't specifically deal with blindness, the blind get left behind in the shuffle as there are many more LD persons than blind persons.
Mike
----- Original Message -----
From:
mailto:djbrky at bu.edu Berkowitz, Daniel J
To:
mailto:dtb-talk at nfbnet.org Discussion of Digital Talking Books
Sent:
Thursday, August 23, 2007 11:14 AM
Subject:
Re: [Dtb-talk] Proposed Legislation in House of Representatives,Higher Education Text Book Accessibility
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)
mailto:djbrky at bu.edu djbrky at bu.edu
(eMail)
http://www.bu.edu/disability www.bu.edu/disability
>-----Original Message-----
>From: mailto:dtb-talk-bounces at nfbnet.org 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: mailto:dtb-talk at nfbnet.org dtb-talk at nfbnet.org
; mailto:nabs-l 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.
>
>
>_______________________________________________
>Dtb-talk mailing list
>Dtb-talk at nfbnet.org
>http://www.nfbnet.org/mailman/listinfo/dtb-talk
_______________________________________________
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