[Iabs-talk] Higher ed access bill

[Patti Gregory-Chang]

Here is our draft bill.  

CHAPTER __110____
AN ACT concerning
Higher Education -- Blind and Print Disabled Students
-- Instructional Materials
FOR THE purpose of requiring the Illinois Library for
the Blind and Physically Handicapped to convene a
certain committee on or before a certain date;
providing for the membership of the committee;
requiring a certain number of the members of the
committee to be blind or print disabled; requiring the
committee to establish certain guidelines to
facilitate the delivery of certain materials to
certain students in certain formats; establishing the
duties of the Committee; providing for the termination
of the Committee; providing for the content of certain
guidelines; requiring the Library to make certain
requests to certain publishers regarding the provision
of certain instructional materials; providing certain
publishers a certain period of time to respond to
certain requests; requiring certain publishers to
indicate certain information to the Library; exempting
certain publishers from certain requirements of this
Act; requiring a certain electronic format to have
certain characteristics; oftext needs to be added from
billwith

BY ADDING to
 article - Education
Section 11-901 through 11-906 to be under the new
subtitle "Subtitle whatever, Instructional Materials
for Blind and Print Disabled Students"
Illinois Compiled Statutes
	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
Illinois, That the Laws of Illinois read as follows:

Article - Education

SUBTITLE 9. INSTRUCTIONALMATERIALS FOR BLIND 1 AND
PRINT DISABLED STUDENTS.

11-901.


(a) 
in THIS SUBTITLE THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.


(;b)
 "COMMITTEE" MEANS THE INSTRUCTIONAL MATERIALS
ACCESS  GUIDELINES COMMITTEE.


(;c) 
(1) 
"instructional MATERIAL" MEANS TEXTBOOKS
AND OTHER MATERIALS WRITTEN AND PUBLISHED PRIMARILY
FOR USE BY STUDENTS IN POSTSECONDARY INSTRUCTION THAT
ARE REQUIRED OR ESSENTIAL TO A STUDENT's SUCCESS IN A
COURSE OF STUDY IN WHICH A STUDENT WITH A DISABILITY
IS ENROLLED.

		(2) 	"INSTRUCTIONAL MATERIAL" DOES NOT INCLUDE
MATERIALS FOR WHICH SOFTWARE IS NOT COMMERCIALLY
AVAILABLE AT A REASONABLE PRICE TO PERMIT THE
CONVERSION OF EXISTING ELECTRONIC FILES OF THE
MATERIALS INTO A FORMAT THAT IS COMPATIBLE WITH
BRAILLE TRANSLATION SOFTWARE OR ALTERNATIVE MEDIA FOR
STUDENTS WITH DISABILITIES, INCLUDING MATHEMATICS AND
SCIENCE MATERIALS.

	(D) 	"LIBRARY" MEANS THE Illinois LIBRARY FOR THE
BLIND AND PHYSICALLY HANDICAPPED.

	(E) 	"PRINTED INSTRUCTIONAL MATERIAL" MEANS
INSTRUCTIONAL MATERIAL IN BOOK OR OTHER PRINTED FORM.

	(F)	 (1)	 "STRUCTURAL INTEGRITY" MEANS MATERIAL
COMPOSED OF ALL OF THE TEXTUAL PRINTED INSTRUCTIONAL
MATERIAL.

		(2)	 "STRUCTURAL INTEGRITY" INCLUDES THE TEXT OF THE
MATERIAL, SIDEBARS, THE TABLE OF CONTENTS, CHAPTER
HEADINGS AND SUBHEADINGS, FOOTNOTES, INDEXES,
GLOSSARIES, AND BIBLIOGRAPHIES.

		(3)	 "STRUCTURAL INTEGRITY" DOES NOT INCLUDE
MATERIAL COMPOSED OF NONTEXTUAL ELEMENTS SUCH AS
PICTURES, ILLUSTRATIONS, GRAPHS, OR CHARTS.

11-902.


 (A)
 ON OR BEFORE DECEMBER 1, 2008, IN ORDER TO
COORDINATE THE DISTRIBUTION OF INSTRUCTIONAL MATERIALS
TO BLIND AND OTHER PRINT DISABLED STUDENTS, THE
Illinois LIBRARY FOR THE BLIND AND PHYSICALLY
HANDICAPPED SHALL CONVENE AN INSTRUCTIONALMATERIALS
ACCESS GUIDELINES COMMITTEE.


(;b)
 THE COMMITTEE CONSISTS OF THE FOLLOWING 11 19
MEMBERS:



(1) 
the SECRETARY OF HIGHER EDUCATION, OR THE
SECRETARY's DESIGNEE;



(2)
 THE SECRETARY OF DISABILITIES, OR THE
SECRETARY's DESIGNEE (our equivalent in Illinois;



(3)
 THE STATE SUPERINTENDENT, OR THE STATE
SUPERINTENDENT's DESIGNEE; AND



(4)
 THE FOLLOWING 14 MEMBERS APPOINTED BY THE
GOVERNOR:




(i) 
one MEMBER REPRESENTING THE LIBRARY;




(ii) 
five MEMBERS REPRESENTING PUBLISHERS OF
TEXTBOOKS USED IN HIGHER EDUCATION WHO MAY INCLUDE
REPRESENTATIVES OF THE ASSOCIATION OF AMERICAN
PUBLISHERS; 




(iii)
 THREE MEMBERS, ONE REPRESENTING EACH OF THE
FOLLOWING INSTITUTIONS OF HIGHER EDUCATION:





1. 
the UNIVERSITY SYSTEM OF Illinois;





2_+__+.___:3
 A COMMUNITY COLLEGE; AND





3. 
a PRIVATE, 4-YEAR INSTITUTION OF HIGHER
EDUCATION;

			(IV) 	TWO REPRESENTATIVES WHO HAVE KNOWLEDGE
REGARDING ACCESSIBLE FORMATS FOR BLIND AND OTHER PRINT
DISABLED INDIVIDUALS;

			(V)	 ONE REPRESENTATIVE OF THE STUDENT POPULATION
AT INSTITUTIONS OF HIGHER EDUCATION IN THE STATE WHO
IS BLIND OR PRINT DISABLED; AND

			(VI)	 TWO MEMBERS FROM Illinois ORGANIZATIONS
REPRESENTING BLIND OR OTHER PERSONS WITH PRINT
DISABILITIES.

	(C)	AT LEAST TWO OF THE MEMBERS OF THE  COMMITTEE, IN
ADDITION TO THE STUDENT MEMBER, SHALL BE BLIND OR
PRINT DISABLED.

	(D)	 THE GOVERNOR SHALL DESIGNATE THE CHAIR OF THE
COMMITTEE.

	(E) 	(1)	 A MEMBER OF THE COMMITTEE SHALL SERVE FOR A
PERIOD OF 3 YEARS.

		(2)	 THE COMMITTEE SHALL EXPIRE ON DECEMBER 1, 2010.

	(F) 	THE DEPARTMENT, THE DEPARTMENT OF DISABILITIES,
AND THE Illinois HIGHER EDUCATION COMMISSION SHALL
PROVIDE STAFF FOR THE COMMITTEE.

	(G)	 (1) 	THE COMMITTEE SHALL:

			 (I)	 ASSIST THE LIBRARY IN ESTABLISHING GUIDELINES
TO FACILITATE THE DELIVERY OF INSTRUCTIONAL MATERIALS
TO BLIND AND PRINT DISABLED STUDENTS AT INSTITUTIONS
OF HIGHER EDUCATION IN THE STATE;

			(II) 	REVIEW THE GUIDELINES ESTABLISHED UNDER ITEM
(1) OF THIS PARAGRAPH EACH YEAR; AND

			(III) 	ASSIST THE LIBRARY IN REVISING THE
GUIDELINES AS NECESSARY BASED ON CHANGES IN TECHNOLOGY
OR ANY OTHER PERTINENT FACTORS.

		(2) 	THE GUIDELINES SHALL INCLUDE:

			(I) 	A METHOD BY WHICH A COURSE INSTRUCTOR, IN
CONSULTATION WITH THE INDIVIDUAL AT THE LIBRARY OR
INSTITUTION DESIGNATED TO MAKE THE REQUEST FOR
MATERIALS UNDER THIS SUBTITLE, DESIGNATES WHICH COURSE
MATERIALS ARE CONSIDERED REQUIRED OR ESSENTIAL TO
STUDENT SUCCESS;

			(II)	 A DETERMINATION OF THE AVAILABILITY OF
TECHNOLOGY FOR THE CONVERSION OF MATHEMATICS AND
SCIENCE MATERIALS;

			(III)	 THE PROCEDURES AND STANDARDS RELATING TO
DISTRIBUTION OF FILES AND MATERIALS;

			(IV)	 AVAILABLE ELECTRONIC FORMATS;

			(V) 	A LIST OF JUSTIFICATIONS FOR WHICH A PUBLISHER
MAY REASONABLY BE EXEMPTED FROM COMPLYING WITH THE
PROVISIONS OF THIS SUBTITLE;

			(VI)	 PROCEDURES FOR GRANTING A PUBLISHER AN
EXEMPTION WHEN IT IS DETERMINED THAT A PUBLISHER IS
UNABLE TO COMPLY WITH THE REQUIREMENTS OF THIS
SUBTITLE FOR A JUSTIFIABLE REASON INCLUDED IN THE LIST
REQUIRED UNDER ITEM (V) OF THIS PARAGRAPH;

			(VII) 	A REQUIREMENT THAT THE REVIEW OF THE FUTURE
RECOMMENDATIONS OF THE ALTERNATIVE FORMATS SOLUTIONS
INITIATIVE OF THE ASSOCIATION OF AMERICAN PUBLISHERS
DETERMINE WHETHER TO RECOMMEND THE INCORPORATION OF
THESE RECOMMENDATIONS INTO THE GUIDELINES; AND

			(VIII)	 ANY OTHER INFORMATION THE COMMITTEE
DETERMINES TO BE RELEVANT.

11-903.

	(A)	 ON THE REQUEST OF AN ELIGIBLE BLIND OR PRINT
DISABLED STUDENT, THE LIBRARY SHALL REQUEST THAT A
PUBLISHER THAT OFFERS FOR SALE ELECTRONIC OR PRINT
INSTRUCTIONAL MATERIALS USED BY STUDENTS ENROLLED IN
INSTITUTIONS OF HIGHER EDUCATION IN THE STATE PROVIDE
THE INSTRUCTIONAL MATERIALS TO THE LIBRARY IN AN
ELECTRONIC FORMAT.

	(B) 	EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE,
ON OR AFTER JANUARY 1, 2008, ON THE RECEIPT OF A
REQUEST UNDER SUBSECTION (A) OF THIS SECTION, A
PUBLISHER SHALL HAVE 15 BUSINESS DAYS FROM THE DATE OF
THE REQUEST TO:

		(1) 	PROVIDE THE REQUESTED INSTRUCTIONAL MATERIALS
IN AN ELECTRONIC FORMAT; OR

		(2)	 PROVIDE THE REASON THAT AN ELECTRONIC FORMAT
CANNOT BE PROVIDED WITHIN 15 BUSINESS DAYS.

	(C) 	EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS
SECTION, IF A PUBLISHER RESPONDS UNDER SUBSECTION
(B)(2) OF THIS SECTION THAT AN ELECTRONIC FORMAT 
CANNOT BE PROVIDED WITHIN 15 BUSINESS DAYS, THE
PUBLISHER SHALL INDICATE TO THE LIBRARY:

		(1) 	WHEN THE INSTRUCTIONAL MATERIALS WILL BE
PROVIDED IN AN ELECTRONIC FORMAT; OR

		(2) 	THE SPECIFIC REASON, CONSISTENT WITH THE
GUIDELINES ESTABLISHED UNDER § 11-902(D) OF THIS
SUBTITLE, WHY THE INSTRUCTIONAL MATERIALS MAY NOT BE
PROVIDED TO THE LIBRARY WITHIN THE REQUIRED TIME
FRAME.

	 (D) 	A PUBLISHER IS NOT REQUIRED TO PROVIDE
INSTRUCTIONAL MATERIALS IN AN ELECTRONIC FORMAT IF THE
INSTRUCTIONAL MATERIALS WERE:

	(1) GENERATED BY FACULTY ; OR

	(2) COPYRIGHTED BEFORE JULY 1, 2004.

11-904.

	(A)	 THE ELECTRONIC FORMAT OF PRINTED INSTRUCTIONAL
MATERIAL PROVIDED BY A PUBLISHER TO THE LIBRARY FOR
USE BY A STUDENT WITH A DISABILITY UNDER THIS SUBTITLE
SHALL:

		(1) 	MAINTAIN THE STRUCTURAL INTEGRITY OF THE
PRINTED INSTRUCTIONAL MATERIAL;

		(2)	 BE COMPATIBLE WITH COMMONLY USED BRAILLE
TRANSLATION OR SPEECH SYNTHESIS SOFTWARE, IF
NECESSARY; AND

		(3)	 INCLUDE CORRECTIONS AND REVISIONS AS NECESSARY.

	(B)	 IF THE LIBRARY AND A PUBLISHER CANNOT IN GOOD
FAITH AGREE ON AN ELECTRONIC FORMAT THAT MAINTAINS THE
STRUCTURAL INTEGRITY OF THE PRINTED INSTRUCTIONAL
MATERIAL AS REQUIRED UNDER SUBSECTION (A) OF THIS
SECTION, THE PUBLISHER SHALL PROVIDE THE INSTRUCTIONAL
MATERIAL IN AN ELECTRONIC FORMAT THAT MAINTAINS AS
MUCH OF THE STRUCTURAL INTEGRITY OF THE PRINTED
INSTRUCTIONAL MATERIAL AS POSSIBLE.

	(C)	 EXCEPT AS PROVIDED IN SUBSECTION (I) OF THIS
SECTION, THE LIBRARY OR INSTITUTION SHALL SUBMIT TO A
PUBLISHER A WRITTEN REQUEST FOR AN ELECTRONIC FORMAT
OF INSTRUCTIONAL MATERIAL THAT INCLUDES:

		(1)	 CERTIFICATION THAT THE INSTITUTION HAS
PURCHASED THE PRINTED INSTRUCTIONAL MATERIAL FOR USE
BY A STUDENT WITH A DISABILITY OR THAT A STUDENT WITH
A DISABILITY ATTENDING OR REGISTERED TO ATTEND THE
INSTITUTION HAS PURCHASED THE INSTRUCTIONAL MATERIAL;

		(2)	 CERTIFICATION THAT THE STUDENT HAS A DISABILITY
THAT PREVENTS THE STUDENT FROM USING STANDARD
INSTRUCTIONAL MATERIALS;

		(3)	 CERTIFICATION THAT THE ELECTRONIC FORMAT OF THE
PRINTED INSTRUCTIONAL MATERIAL WILL BE USED BY A
STUDENT IN CONNECTION WITH A COURSE IN WHICH THE
STUDENT IS REGISTERED OR ENROLLED AT THE INSTITUTION;
AND

		(4)	 THE SIGNATURE OF THE INDIVIDUAL DESIGNATED BY
THE LIBRARY OR INSTITUTION TO REQUEST THE ELECTRONIC
FORMAT OF THE INSTRUCTIONAL MATERIAL UNDER THIS
SUBTITLE.

	(D)	 ON RECEIPT OF A WRITTEN REQUEST UNDER SUBSECTION
(C) OF THIS SECTION, THE PUBLISHER SHALL PROVIDE THE
LIBRARY WITH THE ELECTRONIC FORMAT OF THE PRINTED
INSTRUCTIONAL MATERIAL AT NO ADDITIONAL COST AND IN A
TIMELY MANNER.

	(E) 	EXCEPT AS PROVIDED IN SUBSECTION (I) OF THIS
SECTION, A PUBLISHER RECEIVING A WRITTEN REQUEST UNDER
SUBSECTION (C) OF THIS SECTION MAY REQUIRE THE LIBRARY
TO PROVIDE THE PUBLISHER WITH A COPY OF AN AGREEMENT
THAT:

		(1)	 STATES THAT THE STUDENT REQUESTING AND USING
THE ELECTRONIC FORMAT OF THE INSTRUCTIONAL MATERIAL
PROVIDED BY THE PUBLISHER WILL USE THE MATERIAL SOLELY
FOR THE STUDENT'S PERSONAL EDUCATIONAL USE;

		(2)	 STATES THAT THE STUDENT HAS AGREED NOT TO COPY,
DUPLICATE, OR DISTRIBUTE THE ELECTRONIC COPY OF THE
INSTRUCTIONALMATERIAL FOR USE BY OTHER INDIVIDUALS;
AND

		(3)	 IS SIGNED BY THE STUDENT REQUESTING AND USING
THE ELECTRONIC COPY.

	(F)	 (1)	 IF THE LIBRARY OR AN INSTITUTION PERMITS A
STUDENT TO DIRECTLY USE THE ELECTRONIC FORMAT OF THE
INSTRUCTIONAL MATERIAL, THE LIBRARY OR INSTITUTION
SHALL TAKE THE FOLLOWING STEPS TO PROTECT THE
ELECTRONIC COPY FROM DUPLICATION AND DISTRIBUTION IN
VIOLATION OF THE COPYRIGHT REVISIONS ACT OF 1976:

			(I) 	THE DISK OR FILE SHALL BE COPY-PROTECTED OR
CONTAIN OTHER REASONABLE SECURITY MEASURES; AND

			(II) 	THE LIBRARY OR INSTITUTION SHALL REQUIRE A
STUDENT USING THE ELECTRONIC COPY TO SIGN THE
AGREEMENT UNDER SUBSECTION (E) OF THIS SECTION.

		(2) 	AN INSTITUTION MAY NOT MAKE THE ELECTRONIC
FORMAT OF THE INSTRUCTIONAL MATERIAL AVAILABLE ON A
SERVER UNLESS THE FOLLOWING SECURITY MEASURES ARE
FOLLOWED:

			(I) 	A SECURITY PROCESS, INCLUDING AN
IDENTIFICATION AND PASSWORD SYSTEM, IS INSTALLED TO
PERMIT ONLY AUTHORIZED STUDENTS WITH DISABILITIES
ACCESS TO THE PROTECTED MATERIALS; AND
 
			(II) 	OTHER TECHNICAL SECURITY MEASURES ARE
INSTALLED TO PREVENT A STUDENT FROM DOWNLOADING THE
ELECTRONIC ORMAT OF THE INSTRUCTIONAL MATERIAL UNLESS
THE STUDENT HAS SIGNED HE AGREEMENT UNDER SUBSECTION
(E) OF THIS SECTION.

		(3) 	A PUBLISHER MAY INSTALL TECHNICAL SECURITY
MEASURES TO PREVENT THE UNAUTHORIZED COPYING,
MODIFICATION, DISTRIBUTION, OR USE OF THE ELECTRONIC
FORMAT OF THE INSTRUCTIONAL MATERIAL IF THE SECURITY
MEASURES DO NOT INTERFERE WITH THE STUDENT'S USE OF
ELECTRONIC COPY.

	(G)	 (1)	 THE LIBRARY, AN INSTITUTION, OR ANY
COMPONENT OF AN INSTITUTION SHALL NOTIFY THE PUBLISHER
EACH TIME THE LIBRARY, INSTITUTION, OR A COMPONENT OF
THE INSTITUTION INTENDS TO DUPLICATE AN ELECTRONIC
FORMAT OR A SPECIALIZED FORMAT PRODUCED FROM THE
ELECTRONIC FORMAT FOR USE OF THE PROTECTED MATERIAL BY
OTHER STUDENTS WITH DISABILITIES.

		(2) 	FOR EACH ADDITIONAL STUDENT FOR WHOM THE
LIBRARY, AN INSTITUTION, OR A COMPONENT OF AN
INSTITUTION INTENDS TO DUPLICATE AN ELECTRONIC FORMAT
UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE LIBRARY,
INSTITUTION, OR COMPONENT OF AN INSTITUTION SHALL
FOLLOW THE REQUEST PROCEDURES IN THIS SECTION.

	(H) 	(1) 	AN INSTITUTION MAY ASSIST A STUDENT WITH A
DISABILITY TO TRANSCRIBE OR ARRANGE FOR THE
TRANSCRIPTION OF PRINTED INSTRUCTIONAL MATERIAL INTO
BRAILLE USING THE ELECTRONIC FORMAT OF THE
INSTRUCTIONAL MATERIAL.

		(2)	 IF A BRAILLE COPY IS TRANSCRIBED UNDER
PARAGRAPH (1) OF THIS SUBSECTION, THE INSTITUTION
SHALL HAVE THE RIGHT TO SHARE THE BRAILLE COPY OF THE
PRINTED INSTRUCTIONAL MATERIAL WITH OTHER STUDENTS
WITH DISABILITIES AT THE INSTITUTION.

	(I)	 (1)	 A MEMBER OF THE FACULTY OF AN INSTITUTION
OF HIGHER EDUCATION:

		(2)	 FOR A REQUEST ON BEHALF OF A FACULTY MEMBER,
THE
LIBRARY IS NOT REQUIRED TO PROVIDE TO A PUBLISHER THE
CERTIFICATIONS SPECIFIED UNDER SUBSECTION (C) OF THIS
SECTION.

11-905.

	BEGINNING IN FISCAL YEAR 2009 AND EACH FISCAL YEAR
THEREAFTER, THE GOVERNOR SHALL INCLUDE IN THE ANNUAL
BUDGET SUBMISSION $200,000 FOR THE LIBRARY TO CARRY
OUT ITS OBLIGATIONS UNDER THIS SUBTITLE.

11-906.

	(A)	 NOTHING IN THIS SUBTITLE SHALL BE CONSTRUED TO
REQUIRE THE COMMITTEE, THE LIBRARY, OR A PUBLISHER OF
INSTRUCTIONAL MATERIALS TO:

		(1) 	CONVERT INSTRUCTIONAL MATERIALS INTO ACCESSIBLE
FORMATS FOR BLIND AND PRINT DISABLED STUDENTS; OR

		(2) 	REQUIRE A PUBLISHER TO PROVIDE ANY FORMAT OTHER
THAN AN ELECTRONIC FORMAT PROVIDED UNDER § 11-904 OF
THIS SUBTITLE.


(;b) 
a PUBLISHER OF INSTRUCTIONAL MATERIAL MAY NOT
BE REQUIRED TO:



(1) 
perform ANY ACT THAT WOULD CONSTITUTE AN
INFRINGEMENT OF A COPYRIGHT UNDER THE COPYRIGHT
REVISION ACT OF 1976;



(2)
 PROVIDE AN ELECTRONIC FORMAT OF INSTRUCTIONAL
MATERIAL IF THE PUBLISHER:




(i) 
publishes OR MANUFACTURES A VERSION OF THE
INSTRUCTIONAL MATERIAL THAT IS ACCESSIBLE TO STUDENTS
WITH DISABILITIES;




(ii)
 CHOOSES TO PROVIDE AN ELECTRONIC FORMAT OF
INSTRUCTIONAL MATERIAL DIRECTLY TO A STUDENT IN A
TIMELY MANNER; OR




(iii) 
has NOT PREVIOUSLY PRODUCED A DIGITAL
VERSION OF THE FULLY EDITED AND TYPESET INSTRUCTIONAL
MATERIAL, INCLUDING INSTRUCTIONAL MATERIAL PRODUCED BY
A METHOD THAT DOES NOT REQUIRE THE CREATION OF A
DIGITAL FILE; OR



(3) 
provide AN ELECTRONIC FORMAT OF INSTRUCTIONAL
MATERIAL THAT IS NO LONGER IN PRINT OR AVAILABLE AND
OFFERED FOR SALE BY THE PUBLISHER.


section 2. AND BE IT FURTHER ENACTED, That the
Illinois Library for the Blind and Physically
Handicapped shall consult and coordinate with the
State Department of Education to facilitate the
utilization of equipment and staff being used to
provide instructional materials to students who are
blind or print disabled in primary and secondary
education in order to minimize the costs associated
with this
Act.



Patti S. Gregory-Chang
President, 
National Federation of the Blind of Illinois 
www.nfbofillinois.org
pattichang at att.net