[Iabs-talk] Accessible higher ed textbook legislation
Christella Garcia
christellablue at gmail.com
Thu Aug 23 20:32:31 CDT 2007
I am all about this proposal. If anyone in Illinois wants to do something
to get things started in the state PLEASE!!! let me know. I go to Chicago
State where the disabilities office is in desperate need of assistance. I
am doing my best to provide them with guidance, but I would love to work on
a team to get accessible text books.
Chris
----- Original Message -----
From: <AZNOR99 at aol.com>
To: <iabs-talk at nfbnet.org>
Sent: Thursday, August 23, 2007 5:24 PM
Subject: [Iabs-talk] Accessible higher ed textbook legislation
> 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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