[Iabs-talk] Accessible higher ed textbook legislation
AZNOR99 at aol.com
AZNOR99 at aol.com
Thu Aug 23 17:24:52 CDT 2007
This message appeared on the NABS list this afternoon. This legislation is
huge for students. The language below is the proposed language of the bill
that will make it mandatory for all publishers to submit new editions of
textbooks to a reposatory, which this legislation also creates. Those textbooks
must be submitted in an accessible format so that the Education Textbook
Access Center (ETAC) can provide them to students in audio, electronic, or Braille
formats. We'll need to support this legislation once it goes to committee
in both Houses. We may also want to consider convincing our State Legislature
to draft similar legislation, as the States of Texas and Wisconsin have done
recently. Kudos to those who met with Congress at Washington seminar. Your
efforts are paying off.
Regards,
Ronza
Proposed Legislation in House of Representatives, Higher
Education Text Book Accessibility (David Andrews)
Date: Thu, 23 Aug 2007 12:02:35 -0500
From: David Andrews <dandrews at visi.com>
Subject: [nabs-l] Proposed Legislation in House of Representatives,
Higher Education Text Book Accessibility
To: dtb-talk at nfbnet.org, nabs-l at nfbnet.org
Message-ID: <auto-000014385530 at mailfront2.g2host.com>
Content-Type: text/plain; charset="iso-8859-1"; format=flowed
[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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-------------- next part --------------
This message appeared on the NABS list this afternoon. This legislation is huge for students. The language below is the proposed language of the bill that will make it mandatory for all publishers to submit new editions of textbooks to a reposatory, which this legislation also creates. Those textbooks must be submitted in an accessible format so that the Education Textbook Access Center (ETAC) can provide them to students in audio, electronic, or Braille formats. We'll need to support this legislation once it goes to committee in both Houses. We may also want to consider convincing our State Legislature to draft similar legislation, as the States of Texas and Wisconsin have done recently. Kudos to those who met with Congress at Washington seminar. Your efforts are paying off.
Regards,
Ronza
Proposed Legislation in House of Representatives, Higher
Education Text Book Accessibility (David Andrews)
Date: Thu, 23 Aug 2007 12:02:35 -0500
From: David Andrews <dandrews at visi.com>
Subject: [nabs-l] Proposed Legislation in House of Representatives,
Higher Education Text Book Accessibility
To: dtb-talk at nfbnet.org, nabs-l at nfbnet.org
Message-ID: <auto-000014385530 at mailfront2.g2host.com>
Content-Type: text/plain; charset="iso-8859-1"; format=flowed
[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.
------------------------------
_______________________________________________
nabs-l mailing list
nabs-l at nfbnet.org
http://www.nfbnet.org/mailman/listinfo/nabs-l
End of nabs-l Digest, Vol 10, Issue 54
**************************************
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