Mike,
Thanks for this info. It is a gigantic step forward in delivering access
to instructional materials to the blind. It is unclear though how this
law will be enforced if a publisher either refuses to provide files or
simply takes no position but ignores all requests. What will happen
then?
Also the bill requires that if a student receives a file that it be
copyproof. This sounds great in theory but difficult to pull off
technologically, as any record company executive can attest. What is
contemplated here? For audio access of a digital file, the only thing I
can think of that offers 24/7 access is for the end user to access the
file over a network with a self-voicing application, so the end user
never possesses the file in the first place. However, this output could
be captured with Total Recorder, creating a copy. <grin>
Kelly
----- Original Message -----
From: "Michael Obrien" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, July 25, 2003 1:15 PM
Subject: S3306 Nys college instructional materials access bill
particulars
> Below is the information you need on the College instructional
> materials access bill for students with print impairments. =20
>
> Mike
>
> NYS Legislature
>
> Legislative Information
>
> =A0 =A0Bill No.
> S3306-A
> =A0 =A02003
> Search
>
> =A0
> Status
> =A0
> Text
> =A0
> Summary
> =A0
> Sponsors Memo
> =A0
> Voting
>
> Return to:
> Main Menu
> 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
> =A0=A0=A0=A0=A0=A0=A0=A0
> Yes
> Abbate
> Yes
> Acampora
> ER
> 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
> ER
> 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
> ER
> 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
>
> Table with 8 columns and 17 rows
> =A0=A0=A0=A0=A0=A0=A0=A0
> Aye
> Alesi
> Aye
> 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 =A7 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 =A7 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
> =20
> BILL NUMBER: S3306A
>
> SPONSOR: PATERSON
>
> =20
> 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
>
> =20
> PURPOSE: To ensure that students with disabilities have full access to
> instructional materials used in colleges in New York state.
>
> =20
> 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.
>
> =20
> 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.
>
> =20
> LEGISLATIVE HISTORY: 2001-02: S.3726-A -- Referred to Investigations
> and Government Operations
>
> =20
> FISCAL IMPLICATIONS: None to the State.
>
> =20
> EFFECTIVE DATE: Takes effect 180 days after it becomes law. =20
>
>
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