HR 4582 IH

107th CONGRESS

2d Session

H. R. 4582

To improve access to printed instructional materials used by blind or
other
persons with print disabilities in elementary and secondary schools, and
for
other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 24, 2002

Mr. PETRI (for himself, Mr. GEORGE MILLER of California, Mrs. ROUKEMA,
Mr.
KILDEE, Mr. GREENWOOD, Mr. TIERNEY, Mr. KIND, Mr. PLATTS, Mr. KUCINICH,
Mrs.
DAVIS of California, Mr. LEACH, Mr. FROST, Mr. KLECZKA, Mr. SMITH of
Washington, Mr. NUSSLE, Mr. GREEN of Texas, Mr. BOSWELL, Mr. GANSKE, Mr.
TURNER, Mr.
SCHIFF, Mr. HORN, Mr. MURTHA, Mr. BARRETT of Wisconsin, Mrs. MORELLA, Mr.
ABERCROMBIE, Mr. MORAN of Virginia, Mr. COOKSEY, Mr. BROWN of Ohio, Mr.
LEWIS
of Georgia, Mr. FRANK, Mr. FATTAH, Ms. KAPTUR, Ms. SCHAKOWSKY, Mr. SHAYS,
Mr. WAXMAN, Mr. GREEN of Wisconsin, Mr. MATHESON, Mr. LATOURETTE, Mr.
MCDERMOTT,
Mr. BALDACCI, Mr. SANDERS, and Mr. VITTER) introduced the following bill;
which was referred to the Committee on Education and the Workforce

A BILL

To improve access to printed instructional materials used by blind or
other
persons with print disabilities in elementary and secondary schools, 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 `Instructional Materials Accessibility Act
of
2002'.

SEC. 2. PURPOSE.

The purpose of this Act is to improve access to printed instructional
materials used by blind persons, or other persons with print
disabilities,
in elementary
schools and secondary schools through the creation of a coordinated and
efficient system for acquisition and distribution of instructional
materials
in
the form of electronic files suitable for conversion into a variety of
specialized formats.

SEC. 3. TECHNICAL STANDARDS.

(a) STANDARDS-

(1) PUBLICATION- The Secretary of Education, in consultation with the
National Institute of Standards and Technology of the Department of
Commerce, shall
publish in the Federal Register technical standards, to be known as the
Instructional Materials Accessibility Standards--

(A) as a proposed rule, not later than 270 days after the date of
enactment
of this Act; and

(B) as a final rule, not later than 360 days after the date of enactment
of
this Act.

(2) PUBLIC COMMENT- The Secretary shall provide an opportunity for the
submission by the public of comments regarding a proposed rule for at
least
30 days
before publication under paragraph (1)(B) of a final rule.

(3) CONTENTS- The Instructional Materials Accessibility Standards shall--

(A) define the specific technical parameters of the national electronic
file
format to be used by publishers of instructional materials in the
preparation
of electronic files suitable for efficient conversion into specialized
formats; and

(B) be consistent with and based upon existing and emerging standards
relating to electronic publishing and translation technology used to
produce
specialized
formats.

(b) ADVISORY COMMITTEE-

(1) ESTABLISHMENT- In developing the Instructional Materials
Accessibility
Standards under subsection (a), the Secretary shall, in consultation with
the
National Institute of Standards and Technology and not later than 90 days
after the date of enactment of this Act, establish an advisory committee,
to
be known as the National Instructional Materials Accessibility Advisory
Committee, which shall provide technical expertise and guidance to the
Secretary
for the creation of the national electronic file format.

(2) MEMBERS- The Committee shall consist of individuals who shall include
at
least one and not more than two representatives of each of the following:

(A) Publishers of instructional materials.

(B) Producers of adaptive technology.

(C) Producers of materials in specialized formats.

(D) Organizations for blind consumers.

(E) Special education programs.

(F) Developers of accessibility and publishing software and supporting
technologies.

(G) Information technology standards organizations.

(H) Instructional materials resource centers with substantial experience
in
file format preparation and automated conversion technology.

(I) Any other organization or interest that the Secretary determines to
be
appropriate.

(c) REVIEW AND AMENDMENT- The Secretary, in consultation with the
National
Institute of Standards and Technology and the National Instructional
Materials
Accessibility Advisory Committee, shall periodically review and, as
appropriate, amend the technical standards prescribed under subsection
(a)
to reflect
technological advances or changes.

SEC. 4. STATE REQUIREMENTS FOR ENSURING TIMELY PROVISION OF INSTRUCTIONAL
MATERIALS TO STUDENTS.

(a) STATE OBLIGATIONS-

(1) STATEWIDE PLAN- Not later than 2 years after the date of enactment of
this Act, a State educational agency receiving Federal financial
assistance
under
the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.)
shall, as a condition of receiving such assistance, develop and implement
a
written
statewide plan designed to ensure that instructional materials for
classroom
use in elementary schools and secondary schools within the State are made
available in specialized formats to individuals who are blind or have
other
print disabilities at the same time such materials are provided to
individuals
without such disabilities.

(2) COORDINATION- A statewide plan submitted under paragraph (1) shall,
to
the maximum extent practicable, be coordinated with the State Improvement
Plan
under subpart 1 of part D of the

Individuals with Disabilities Education Act (20 U.S.C. 1451 et seq.), and
shall contain an outline of the activities that the State intends to
carry
out
using amounts received under the grant to achieve the purposes of this
title.

(3) CONTENTS- At a minimum, a statewide plan developed under paragraph
(1)
shall--

(A) designate the entity responsible for collecting and maintaining data
related to identification of individuals who are blind or have other
print
disabilities
and who require instructional materials in specialized formats;

(B) establish the methods and procedures by which instructional materials
are provided in specialized formats appropriate to the needs of the
individual,
including the methods for converting electronic files obtained under
subsection (b) into specialized formats;

(C) identify the resources available for production of instructional
materials in specialized formats;

(D) establish procedures that local educational agencies and any other
agency with responsibility for carrying out the education of children
with
disabilities
will follow to ensure the timely delivery of instructional materials in
specialized formats;

(E) provide assurances that contracts with publishers meet the
requirements
of subsection (b); and

(F) provide for periodic evaluation to ensure that instructional
materials
are made available in appropriate specialized formats to individuals who
are
blind or have other print disabilities at the same time such materials
are
provided to individuals without such disabilities.

(b) CONTRACTS WITH PUBLISHERS-

(1) CONTRACTS FOR STANDARDIZED FILES- In addition to the requirements of
subsection (a), a State educational agency or local educational agency
receiving
Federal financial assistance under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) shall, as part of any
instructional
materials
adoption process, procurement contract, or other practice or instrument
used
for the purchase of instructional materials, enter into a written
contract
with the publisher of the materials to prepare, in conjunction with the
provision of such materials, electronic files containing the contents of
the
materials
in the national electronic file format prescribed under section 3(a). The
contract shall be entered into and take effect not later than 3 years
after
the
date of enactment of this Act.

(2) CONTENTS OF CONTRACTS- A contract described in paragraph (1) shall
also
provide for the following:

(A) PUPIL EDITIONS- Not later than 30 days after the date of ratification
of
the contract, the publisher will transmit to the National Instructional
Materials
Access Center electronic files prepared in the national electronic file
format prescribed under section 3(a) that correspond to the most recent
pupil edition
of the materials covered under the contract that is in print on the date
of
ratification of the contract, along with a print copy of such materials.
If
the most current pupil edition of such instructional materials in print
on
the date of ratification of the contract is, or will be, altered prior to
the
use of the materials in the classroom or if no such edition exists on
such
date, the publisher will, by a date specified in the contract, transmit
to
the
Center--

(i) electronic files containing a complete record of corrections and
changes
made to such instructional materials; or

(ii) electronic files prepared in the national electronic file format
prescribed under section 3(a) that correspond to the pupil edition of
such
instructional
materials that will be used in the classroom.

(B) TEACHER EDITIONS- Not later than 30 days after receipt of a request
from
the National Instructional Materials Access Center made on behalf of a
teacher,
the publisher will transmit to the Center electronic files prepared in
the
national electronic file format prescribed under section 3(a) that
correspond
to the teacher edition of the requested instructional materials covered
under the contract, if the request includes--

(i) a specific description of the instructional materials needed by the
teacher (including, if applicable, an International Standard Book Number
(ISBN));
and

(ii) a certification that the teacher is blind or has a print disability.

(c) PREEMPTION OF INCONSISTENT STATE AND LOCAL REQUIREMENTS- Except as
provided in subsection (d), subsection (b) supersedes any inconsistent
requirements
in the laws or regulations of any State or local government, with respect
to
publishers providing instructional materials in the form of electronic
files
intended for conversion into specialized formats to be used by blind or
other persons with print disabilities.

(d) RIGHT OF CONTRACT- Notwithstanding the requirements of this section,
nothing in this Act may be construed to impair the right of any State
educational
agency or local educational agency to enter into a contract with any
publisher of instructional materials for the purpose of directly
obtaining
from such
publisher copies of electronic files prepared and transmitted in
accordance
with this section.

SEC. 5. NATIONAL INSTRUCTIONAL MATERIALS ACCESS CENTER.

(a) ESTABLISHMENT- Not later than 2 years after the date of enactment of
this Act, the Secretary shall establish a center, to be known as the
National Instructional
Materials Access Center, which shall coordinate the acquisition and
distribution of instructional materials in the national electronic file
format prescribed
under section 3(a).

(b) RESPONSIBILITIES- The duties of the Center are the following:

(1) To monitor the needs of State educational agencies and local
educational
agencies for instructional materials in specialized formats and to take
appropriate
administrative steps to assist such agencies in ensuring that
instructional
materials in the form of electronic files are submitted by publishers to
the
Center under section 4(b).

(2) To receive instructional materials under section 4(b) in the national
electronic file format prescribed under section 3(a) and to provide
authorized
entities with access to such files, free of charge.

(3) To verify the receipt and compliance of the materials received under
section 4(b) with the national electronic file format prescribed under
section
3(a).

(4) To prescribe and publish policies and guidelines which the Center
will
use for the submission, cataloging, retrieval, and distribution of
instructional
materials in the national electronic file format prescribed under section
3(a).

(5) To prescribe and publish terms and procedures for approval of
authorized
entities registering with the Center to obtain access to the
instructional
materials in the national electronic file format prescribed under section
3(a).

(6) To provide access to the materials received under section 4(b) to
authorized entities and to coordinate, as appropriate, with other
programs
providing
access to instructional materials in specialized formats.

(7) To take such administrative steps as may be needed to coordinate the
efficient acquisition and distribution of instructional materials in the
national
electronic file format prescribed under section 3(a).

(8) Promptly to forward to the appropriate publisher of instructional
materials a request made under section 4(b)(2)(B) received for materials
needed for
a teacher.

(9) To 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) CONTRACT AUTHORIZED- 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 directly to the
Assistant Secretary for Special Education and Rehabilitative Services of
the
Department
of Education.

SEC. 6. GRANTS FOR CAPACITY BUILDING.

(a) AUTHORITY TO AWARD GRANTS- The Secretary may award grants to the
eligible entities under subsection (b) (or a consortium of such entities)
to
provide
or improve the capacity of such entities to prepare or obtain
instructional
materials in specialized formats (including the national electronic
format
prescribed under section 3(a)).

(b) ELIGIBLE ENTITIES- The following are entities eligible for a grant
under
this section:

(1) State educational agencies.

(2) Regional consortia of State educational agencies.

(3) Local educational agencies.

(4) Nonprofit organizations the primary mission of which is to provide
specialized services relating to training, education, or adaptive reading
or
the
information access needs of blind persons or other persons with print
disabilities.

(c) APPLICATION- An eligible entity that desires to receive a grant under
this section shall submit an application to the Secretary at such time,
in
such
manner, and containing such information as the Secretary may require. The
application shall include each of the following:

(1) A description of the entity's current capacity to prepare
instructional
materials in specialized formats.

(2) The entity's assessment of needs to be met within the geographic area
to
be served.

(3) A plan for working with other similar entities in order to ensure a
coordinated approach in meeting such needs.

(4) A description of proposed training of transcribers and others who
prepare instructional materials in specialized formats and, if
appropriate,
specification
of the technology to be obtained and used in the program.

(5) An assurance that the entity is, and shall remain, in compliance with
the provisions of section 121 of title 17, United States Code, regarding
the
reproduction
and distribution of copyrighted instructional materials in specialized
formats.

(d) PROCEDURES- The Secretary may prescribe rules or procedures to carry
out
this section.

(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated
to carry out this section $5,000,000 for fiscal year 2003 and such sums
as
may be necessary for each of fiscal years 2004 through 2007.

SEC. 7. ENFORCEMENT.

(a) RIGHTS, REMEDIES, AND PROCEDURES- The rights, remedies, and
procedures
available to children and parents under subsections (b)(6), (e), (f), and
(g)
of section 615 of the Individuals with Disabilities Education Act (20
U.S.C.
1415) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
shall
be the rights, remedies, and procedures available under this Act to
children
and parents aggrieved by violations of this Act by any State educational
agency
or local educational agency.

(b) RULE OF CONSTRUCTION- This Act may not be construed to limit any
right,
remedy, or procedure otherwise available under any other provision of
Federal
law that provides greater or equal protection for the rights of blind
persons or other persons with print disabilities.

SEC. 8. RELATIONSHIP TO SECTION 121 OF THE COPYRIGHT ACT.

(a) AUTHORIZED ENTITY- A publisher that provides instructional materials
to
a State educational agency or local educational agency in the national
electronic
file format 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.

(b) NONINFRINGING USE- Reproduction or distribution of instructional
materials in a large print format exclusively for use by blind persons,
or
other persons
with print disabilities, in elementary schools or secondary schools shall
be
considered a noninfringing use of such materials when conducted by an
authorized
entity (as that term is defined in section 121 of title 17, United States
Code).

SEC. 9. SUPPLEMENT, NOT SUPPLANT.

Funds made available under this Act shall be used to supplement, and not
to
supplant, any other Federal, State, local, or non-Federal funds available
to
carry out this Act.

SEC. 10. RESEARCH AND REPORTS.

(a) RESEARCH- The Secretary shall conduct research, directly or by grant
or
contract, about the effect of this Act on the timely delivery of
instructional
materials in specialized formats to students who are blind or have other
print disabilities.

(b) REPORTS- Not later than 3 years after the date of enactment of this
Act,
and biennially thereafter, the Secretary shall submit to the appropriate
committees
of Congress a report containing the results of the research described in
subsection (a) and additionally, at a minimum, the following information:

(1) The number of students directly affected by this Act.

(2) The annual cost incurred to carry out this Act by the Federal
Government, State governments, and nonprofit entities that may be
involved
in administering
this Act.

(3) The financial and in-kind contributions of State and local
governments,
and private nonprofit and for-profit entities, to activities conducted
under
this Act.

(4) Changes in the percentage of individuals who receive appropriate
instructional materials in specialized formats at the beginning of a
school
year compared
to the percentage for the beginning of the preceding school year.

(5) Changes in the timeliness of delivery of appropriate instructional
materials in specialized formats from the beginning of one school year to
the beginning
of the next school year.

(6) The extent to which States and local educational agencies have been
able
to satisfy requirements of compliance agreements or take other corrective
actions
regarding the timely delivery of appropriate instructional materials.

(7) Such other matters as the Secretary considers to be relevant and
appropriate.

SEC. 11. DEFINITIONS.

In this Act:

(1) The term `print disability' means, with respect to an individual,
student, or teacher, 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 `instructional materials' means printed textbooks and
related
core materials that are written and published primarily for use in
elementary
school and secondary school instruction and are required by a State
educational agency or local educational agency for use in the classroom,
including
teacher editions of such materials requested under section 4(b)(2)(B).

(3) The term `national electronic file format' means a well-organized,
structured, and marked-up electronic file that is suitable for efficient
conversion
into specialized formats and that is in conformance with the technical
standards prescribed under section 3(a).

(4) The term `Center' means the National Instructional Materials Access
Center established by the Secretary under section 5.

(5) The term `Secretary' means the Secretary of Education.

(6) The term `specialized format', with respect to instructional
materials,
means Braille, synthesized speech, digital text, digital audio, or large
print.

(7) The terms `State educational agency', `local educational agency',
`elementary school', and `secondary school' have the meanings given those
terms in
section 9101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).

SEC. 12. EFFECTIVE DATE.

This Act shall take effect upon its enactment and shall apply to
instructional materials published and copyrighted after the date on which
the technical
standards prescribed under section 3(a) take effect.

END


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