[nfb-talk] Fact sheet 1 corrected, was Re: Fact Sheet Number 1:

[Antonio Guimaraes]

LEVELING THE PLAYING FIELD:  PROVIDING BLIND STUDENTS WITH
ACCESSIBLE TEXTBOOKS IN HIGHER EDUCATION

Purpose:

To require higher education textbook publishers to produce electronic 
editions for the blind in an accessible standard format.

Background:

Despite advances in publishing technology, access to textbooks used in 
college courses remains a difficult burden for blind students and higher 
education
institutions.  Sporadic help to meet the need for accessible texts is 
provided by on-campus disabled student service offices, by libraries for the 
blind
in some states, and by service organizations including RFB&D (formerly 
Recording for the Blind and Dyslexic) and Bookshare.org.  These 
organizations create
audio and electronic editions of many textbooks.  Publishers, however, 
currently do little or nothing to support production of accessible texts.

The Association on Higher Education and Disability (AHEAD), which represents 
over 1,500 postsecondary institutions, acknowledges the legal duty of 
institutions
to meet access needs of blind students.  Without greater support from 
textbook publishers, however, institutions cannot meet this obligation.

Existing Law:

The Americans with Disabilities Act; Section 504 of the Rehabilitation Act 
of 1973, as amended; and the Individuals with Disabilities Education Act 
articulate
the policy that individuals with disabilities are entitled to equal access 
to education.  Successful implementation of this policy cannot occur, 
however,
without clear, specific, and practical standards and procedures designed to 
address accessibility needs.  At present no specific law to support ready 
access
to higher education textbooks for blind students exists.

By contrast, publishers of elementary and secondary school textbooks must 
produce electronic editions prepared in an accessible, nonvisual format that 
meets
a federally prescribed national standard.  This requirement is part of the 
Individuals with Disabilities Education Improvement Act, Public Law 108-446,
signed by President Bush in December 2004.  Under this new law, the U.S. 
Department of Education has issued a National Instructional Materials 
Accessibility
Standard.  Publishers must prepare electronic editions of textbooks sold to 
elementary and secondary schools in accordance with this national standard.
 The publishers meet their responsibilities by placing one electronic copy 
of each edition of a textbook in a national access center managed by the 
American
Printing House for the Blind.  This approach offers a model for similar 
procedures that could also be applied in higher education.

Need for Legislation:

Preparation of textbooks in an accessible, nonvisual format is an achievable 
and reasonable expectation because of changing methods of textbook 
publishing.
 In fact, though printed editions remain essentially the norm, electronic 
editions of higher education texts and supplemental materials are becoming 
far
more common.  This trend toward using computers to access books will 
inevitably continue and expand over time.  However, no standards for 
nonvisual use
exist for books prepared in print or electronic formats.  Therefore 
higher-education institutions and taxpayer-funded programs continue to 
struggle with
the burden of providing blind students with the assistance and support 
needed to achieve access.
With appropriate technology now available, publishers can produce textbooks 
in accordance with a national access standard but lack any incentive to do 
so.
 Recognizing this, eight states-Arkansas, California, Kentucky, Michigan, 
New Mexico, New York, Nevada, and Washington-have enacted laws requiring 
nonvisual
access to college texts, with other states actively considering similar 
legislation.  These state laws offer an important first step toward access, 
but
impose an array of conflicting and inconsistent obligations on publishers. 
This patchwork of requirements underscores the need for legislation to 
establish
a national standard.

Proposed Legislation:

Congress should enact the Higher Education Textbook Access Act.  This 
legislation will assure that blind college students and instructors have 
access to
instructional texts comparable to that available to blind elementary and 
secondary school students.
The legislation would:
List of 3 items
. Within six months of enactment require the Secretary of Education to 
establish a national nonvisual access standard for higher-education 
textbooks and
supplemental reading materials.  This standard should be based on the 
national access standard used in elementary and secondary education, with 
appropriate
modifications made for use in higher education.
. Within one year of enactment designate a National Higher Education 
Textbook Access Center to receive electronic text editions from publishers 
and provide
them to qualified blind students and instructors upon request.  The Center 
should determine student eligibility based on criteria and procedures 
currently
used by government entities and nonprofit organizations that produce books 
and other materials for blind readers.
. Within two years of enactment require publishers to provide the Center 
with at least one electronic copy of each edition of every textbook 
published,
which must be prepared in accordance with the national access standard. 
This obligation should apply to textbooks and supplemental reading materials 
intended
for use by students or faculty in a higher education course and should take 
effect at the time the textbook or supplemental reading material is first 
available.
list end

Requested Action:
List of 2 items
. Please support blind Americans by sponsoring or cosponsoring the Higher 
Education Textbook Access Act during the 110th Congress to assure that 
printed
instructional materials are accessible to blind students in higher 
education.
. Please advise members of the National Federation of the Blind of your 
interest in sponsoring or cosponsoring this legislation.
list end

Contact Information:
James McCarthy, Director of Governmental Affairs
National Federation of the Blind, 1800 Johnson Street, Baltimore, Maryland 
21230
Email:
jmccarthy at nfb.org
Phone:  (410) 659-9314, extension 2240
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