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   Bill No.
S3306-A
   2003
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S3306-A PATERSON

Education Law
TITLE....Requires publishers and manufacturers of instructional
materials for students to provide electronic copies of such material for
use by disabled persons 03/24/03 REFERRED TO INVESTIGATIONS AND
GOVERNMENT OPERATIONS 06/13/03 AMEND (T) AND RECOMMIT TO INVESTIGATIONS
AND GOVERNMENT OPERATIONS 06/13/03 PRINT NUMBER 3306A 06/17/03 COMMITTEE
DISCHARGED AND COMMITTED TO RULES 06/17/03 ORDERED TO THIRD READING
CAL.1356 06/18/03 PASSED SENATE 06/18/03 DELIVERED TO ASSEMBLY 06/18/03
referred to governmental operations 06/20/03 substituted for a6216a
06/20/03 ordered to third reading rules cal.1193 06/20/03 passed
assembly 06/20/03 returned to senate 07/17/03 DELIVERED TO GOVERNOR
table end

VOTING:

06/18/03

S3306-A

Senate Vote

Aye: 62

Nay: 0
06/20/03   S3306-A    Assembly Vote   Yes: 144   No : 0

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Barra
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Benjamin
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Bing
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Boyland
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Bradley
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Brennan
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Brodsky
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Brown
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Burling
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Cahill
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Gianaris
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Gottfried
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Yes
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Mirones
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Nesbitt
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Nolan
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Norman
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Oaks
Yes
O'Connell
Yes
O'Donnell
Yes
Ortiz
Yes
Ortloff
Yes
Parment
Yes
Paulin
Yes
Peoples
Yes
Peralta
Yes
Perry
Yes
Pheffer
Yes
Powell
Yes
Prentiss
Yes
Pretlow
Yes
Raia
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Ramos
Yes
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Yes
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Yes
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Straniere
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Stringer
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Yes
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Yes
Thiele
Yes
Titus
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Weinstein
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Weisenberg
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Weprin
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Young
Yes
Mr. Speaker
table end06/18/03   S3306-A    Senate Vote    Aye: 62   Nay: 0

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Maltese
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Marcellino
Aye
Marchi
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Maziarz
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McGee
Aye
Meier
Aye
Mendez
Aye
Montgomery
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Morahan
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Nozzolio
Aye
Onorato
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Oppenheimer
Aye
Padavan
Aye
Parker
Aye
Paterson
Aye
Rath
Aye
Robach
Aye
Sabini
Aye
Saland
Aye
Sampson
Aye
Schneiderman
Aye
Seward
Aye
Skelos
Aye
Smith A
Aye
Smith M
Aye
Spano
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Stachowski
Aye
Stavisky
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Trunzo
Aye
Velella
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Volker
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Wright
table end
SUMMARY:

PATERSON, BROWN, HASSELL-THOMPSON, KRUEGER, MONTGOMERY, OPPENHEIMER,
SAMPSON, SCHNEIDERMAN, M. SMITH Add Art 15-B S715, Ed L Requires
publishers and manufacturers of instructional materials for students to
provide electronic copies of such material for use by disabled persons.
BILL TEXT:

                STATE OF NEW YORK
________________________________________________________________________

3306--A

2003-2004 Regular Sessions

                    IN SENATE

March 24, 2003
___________

Introduced  by  Sens.  PATERSON,  BROWN,  HASSELL-THOMPSON,  MONTGOMERY,
OPPENHEIMER, SAMPSON, SCHNEIDERMAN, M. SMITH -- read twice and ordered
printed, and when printed to be committed to the Committee on Investi-
gations  and  Government  Operations  --  committee  discharged,  bill
amended,  ordered reprinted as amended and recommitted to said commit-
tee

AN ACT to amend the education law, in relation to publishers or manufac-
turers providing printed instructional materials for college  students
with  disabilities;  and  providing  for the repeal of such provisions
upon expiration thereof

The People of the State of New York, represented in Senate and  Assem-
bly, do enact as follows:

1    Section  1.  The education law is amended by adding a new article
15-B
2  to read as follows:
3                                 ARTICLE 15-B
4                         HIGHER EDUCATION TEXTBOOKS
5  Section 715. Instructional materials; students with disabilities.
6    § 715. Instructional materials; students with disabilities.    1.
For
7  purposes  of  this section, the following words shall have the
following 8  meanings: (a) "College" means college as defined in
subdivision  two of 9  section six hundred one of this chapter;
10    (b)  "Instructional  material  or materials" means textbooks and
other
11  materials written and published primarily for use by students in
postse-
12  condary instruction that  are  required  or  essential  to  a
student's 13  success  in  a  course  of study in which a student with a
disability is 14  enrolled. The determination of which materials are
"required  or
essen-
15  tial  to student success" shall be made by the instructor of the
course. 16  "Instructional material or  materials"  shall  also  include
nontextual 17  mathematics and science material wherever available
software permits the 18  conversion  of  existing electronic files of
the materials into a format

EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD10591-06-3


S. 3306--A                          2

1  that is compatible with  braille  translation  software  or
alternative 2  media for students with disabilities.
3    (c) "Nonprinted instructional materials" means instructional
materials
4  in  formats  other than print, and includes instructional materials
that 5  require the availability of electronic equipment in order to be
used as 6  a learning resource, including, but not necessarily limited
to, software 7  programs, video disks, and video and audio tapes.
8    (d)  "Printed instructional material or materials" means
instructional
9  material or materials in book or other printed form.
10    (e) "Structural integrity" means  all  of  the  printed
instructional
11  material, including, but not limited to, the text of the material,
side-
12  bars,  the  table  of  contents, chapter headings and subheadings,
foot-
13  notes, pictures, illustrations, graphs, charts, indexes, glossaries,
and
14  bibliographies.   If good faith efforts fail  to  produce  an
agreement
15  pursuant  to  subdivision  two  of this section between the
publisher or 16  manufacturer and the commissioner as to an electronic
format  that will 17  preserve the structural integrity of the printed
instructional material, 18  the  publisher  or manufacturer shall
provide the instructional material 19  in the most updated electronic
format  taking  into  consideration the 20  recommendation made by the
National Institute of Standards and
Technolo-
21  gy  (NIST) and shall preserve as much of the structural integrity of
the 22  printed instructional material as possible.
23    (f) "Specialized format" means braille, audio, or digital text
that is
24  exclusively for use by blind persons and students with  other
disabili-
25  ties.
26    Nothing  in  this subdivision shall be construed to prohibit a
college
27  from assisting a student with  a  disability  by  using  the
electronic 28  version  of  printed  instructional  material  provided
pursuant to this 29  section solely to transcribe or arrange for  the
transcription  of the 30  printed  instructional  material  into
braille.  In  the  event a
tran-
31  scription is made, the college shall have the right to share the
braille 32  copy of the printed instructional  material  with  other
students with 33  disabilities.
34    2.  An  individual, firm, partnership or corporation that
publishes or
35  manufactures printed  instructional  materials  for  students
attending 36  college  shall  provide  for  purchase by students with
disabilities any 37  printed instructional material in an electronic
format  mutually agreed 38  upon  by  the  publisher  or  manufacturer
and the commissioner. These 39  printed instructional materials  must
be  converted  to  an electronic 40  format  using  the  most  updated
software  technology available to the 41  public at that time.  Computer
files or electronic versions  of printed 42  instructional  materials
shall maintain the structural integrity of the 43  printed instructional
material, be compatible with commonly used braille 44  translation and
speech synthesis software, and include  corrections and 45  revisions as
may be necessary. The computer files or electronic versions 46  of  the
printed  instructional  material shall be available to students 47  with
disabilities at a cost comparable to the printed version and in  a 48
timely  manner,  upon  receipt of a written request that does all of the
49  following:
50    (a) Certifies that the electronic version of the printed
instructional
51  materials will be used by a student with a disability.
52    (b) Certifies that the student has a disability that prevents  him
or
53  her from using standard instructional materials.
54    (c)  Certifies  that  the printed instructional material is for
use by
55  the student in connection with a course in which he or she is
registered 56  or enrolled at the college.


S. 3306--A                          3

1    (d) Is signed by the coordinator of services for students  with
disa-
2  bilities at the college or by the campus or college official
responsible 3  for  monitoring  compliance  with the Americans with
Disabilities Act of 4  1990 (42 U.S.C. 12101 et seq.) at the college.
5    3. An individual, firm, partnership or corporation specified in
subdi-
6  vision  two  of  this  section may also require that, in addition to
the 7  conditions enumerated above,  the  request  shall  include  a
statement 8  signed by the student agreeing to both of the following:
9    (a)  He  or  she  will use the electronic copy of the printed
instruc-
10  tional material in specialized  format solely for his or her own
educa-
11  tional purposes.
12    (b)  He  or  she  will not copy or duplicate the printed
instructional
13  material or electronic copy for use by others.
14    4. If a college permits a  student  to  directly  use  the
electronic
15  version  of  an  instructional material, the disk or file shall be
copy-
16  protected or the college shall  take  other  reasonable  precautions
to 17  ensure  that  students  do not copy or distribute electronic
versions of 18  instructional materials in violation of the Copyright
Revisions  Act of 19  1976, as amended (17 U.S.C. Sec. 101 et seq.).
20    5.  An  individual, firm, partnership or corporation that
publishes or
21  manufactures nonprinted instructional materials for  students
attending 22  college shall provide computer files or other electronic
versions of the 23  nonprinted  instructional  materials  for use by
students attending such 24  college subject to the same conditions set
forth in subdivisions two and 25  three of this section for printed
instructional materials, when
technol-
26  ogy is available to convert these nonprinted instructional materials
to 27  a  format  that  maintains  the  structural  integrity of the
nonprinted 28  instructional materials that is compatible with braille
translation and 29  speech synthesis software.
30    6.  Nothing  in  this  section shall be deemed to authorize any
use of
31  instructional materials that would constitute an infringement  of
copy-
32  right  under  the  Copyright Revision Act of 1976, as amended (17
U.S.C. 33  Sec. 101 et seq.).
34    § 2. This act shall take effect on the one hundred eightieth day
after
35  it shall have become a law and shall expire and  be  deemed repealed
3 36  years after such effective date; provided, however, that effective
imme-
37  diately the addition, amendment, and/or repeal of any rule or
regulation 38  necessary  for  the  implementation of this act on its
effective date is 39  authorized and directed to be made  and  completed
on  or  before such 40  effective date.

SPONSORS MEMO:
NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1
 
BILL NUMBER: S3306A

SPONSOR: PATERSON

 
TITLE OF BILL:  An act to amend the education law, in relation to
publishers or manufacturers providing printed instructional materials
for college students with disabilities; and providing for the repeal of
such provisions upon expiration thereof

 
PURPOSE:  To ensure that students with disabilities have full access to
instructional materials used in colleges in New York state.

 
SUMMARY OF PROVISIONS:  Section 1 amends the Education law to add a new
Article 15B, section 715 requiring publishers and manufacturers of
instructional material for students attending college in New York State
to also make available--at comparable cost to the printed version--elec-
tronic versions of printed instructional materials.

Includes a three-year sunset provision.

 
JUSTIFICATION:  All students, including those with physical disabili-
ties, deserve an equal to excel at their post-secondary education. Disa-
bled students are often unable to obtain electronic versions of course
materials required by the course instructor or in some cases, the mate-
rials that are offered do not maintain the structural integrity of the
original instructional materials. These students are therefore inadvert-
ently discriminated against and are unable to obtain the very materials
that are essential for their success in the class.  This legislation is
intended to ensure that students with disabilities attending a post-sec-
ondary institution in New York State have the same resources available
to them as students without disabilities.

 
LEGISLATIVE HISTORY:  2001-02: S.3726-A -- Referred to Investigations
and Government Operations

 
FISCAL IMPLICATIONS:  None to the State.

 
EFFECTIVE DATE:  Takes effect 180 days after it becomes law.  


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