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materials access bill for students with print impairments.
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NYS Legislature
Legislative Information
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
Table with 8 columns and 39 rows
Yes
Abbate
Yes
Acampora
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Alfano
Yes
Arroyo
Yes
Aubertine
Yes
Aubry
Yes
Bacalles
Yes
Barclay
Yes
Barra
Yes
Barraga
Yes
Benjamin
Yes
Bing
Yes
Boyland
Yes
Bradley
Yes
Brennan
Yes
Brodsky
Yes
Brown
Yes
Burling
Yes
Butler
Yes
Cahill
Yes
Calhoun
Yes
Canestrari
Yes
Carrozza
Yes
Casale P
AB
Christensen
Yes
Clark
Yes
Cohen A
Yes
Cohen M
Yes
Colton
Yes
Conte
ER
Cook
Yes
Crouch
Yes
Cusick
Yes
Cymbrowitz
Yes
DelMonte
Yes
Destito
Yes
Diaz L
Yes
Diaz R
Yes
DiNapoli
Yes
Dinowitz
Yes
Eddington
Yes
Englebright
Yes
Errigo
Yes
Espaillat
Yes
Farrell
Yes
Ferrara
Yes
Finch
Yes
Fitzpatrick
Yes
Galef
Yes
Gantt
Yes
Gianaris
Yes
Glick
Yes
Gordon
Yes
Gottfried
Yes
Grannis
Yes
Green
Yes
Greene
Yes
Grodenchik
Yes
Gromack
Yes
Gunther
Yes
Hayes
Yes
Heastie
Yes
Higgins
Yes
Hikind
Yes
Hooker
Yes
Hooper
Yes
Hoyt
Yes
Jacobs
Yes
John
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Karben
Yes
Kaufman
Yes
Kirwan
Yes
Klein
Yes
Kolb
Yes
Koon
Yes
Labriola
Yes
Lafayette
Yes
Lavelle
Yes
Lentol
Yes
Levy
Yes
Lifton
Yes
Lopez
Yes
Magee
Yes
Magnarelli
Yes
Manning
Yes
Markey
Yes
Mayersohn
ER
McDonald
Yes
McDonough
Yes
McEneny
Yes
McLaughlin
Yes
Miller
Yes
Millman
Yes
Mills
Yes
Mirones
Yes
Morelle
Yes
Nesbitt
Yes
Nolan
Yes
Norman
Yes
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
Yes
Ramos
Yes
Reilich
Yes
Rivera J
Yes
Rivera P
Yes
Robinson
Yes
Sanders
Yes
Sayward
Yes
Scarborough
Yes
Schimminger
Yes
Scozzafava
Yes
Seddio
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Seminerio
Yes
Sidikman
Yes
Smith
Yes
Spano
Yes
Stephens
Yes
Straniere
Yes
Stringer
Yes
Sweeney
Yes
Tedisco
Yes
Thiele
Yes
Titus
Yes
Tocci
Yes
Tokasz
Yes
Tonko
Yes
Towns
Yes
Townsend
Yes
Warner
Yes
Weinstein
Yes
Weisenberg
Yes
Weprin
Yes
Winner
Yes
Wirth
Yes
Wright
Yes
Young
Yes
Mr. Speaker
table end06/18/03 S3306-A Senate Vote Aye: 62 Nay: 0
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Aye
Alesi
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Andrews
Aye
Balboni
Aye
Bonacic
Aye
Breslin
Aye
Brown
Aye
Bruno
Aye
Connor
Aye
DeFrancisco
Aye
Diaz
Aye
Dilan
Aye
Duane
Aye
Farley
Aye
Flanagan
Aye
Fuschillo
Aye
Golden
Aye
Gonzalez
Aye
Hannon
Aye
Hassell-Thompson
Aye
Hoffmann
Aye
Johnson
Aye
Krueger
Aye
Kruger
Aye
Kuhl
Aye
Lachman
Aye
Larkin
Aye
LaValle
Aye
Leibell
Aye
Libous
Aye
Little
Aye
Maltese
Aye
Marcellino
Aye
Marchi
Aye
Maziarz
Aye
McGee
Aye
Meier
Aye
Mendez
Aye
Montgomery
Aye
Morahan
Aye
Nozzolio
Aye
Onorato
Aye
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
Aye
Stachowski
Aye
Stavisky
Aye
Trunzo
Aye
Velella
Aye
Volker
Aye
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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