15-732. Powers and duties; state board of education; governing boards

A. The state board of education shall adopt rules on or before August 1, 2005 that require all school districts and other public schools to purchase adopted printed and nonprinted instructional materials for which accessible electronic files are available or, in the case of nonprinted instructional materials delivered on line, that comply with subsection B of this section. The rules shall establish procedures and timelines to ensure that accessible materials are distributed to a child with a disability at the same time that printed and nonprinted instructional materials are distributed to other students. The rules shall require the vendor to submit the accessible electronic files to one or more authorized entities, for conversion by such authorized entities into accessible formats for use by a child with a disability. The rules shall prohibit unauthorized copying, modification and distribution of the accessible electronic files, including distribution of unencrypted or reproducible accessible electronic files to other than authorized entities. This section applies only to newly adopted printed and nonprinted instructional materials adopted after the 2005-2006 school year and with an original copyright date of 2004 or later.

B. On-line nonprinted instructional materials shall be deemed compliant for purposes of subsection A of this section if they meet or exceed standards for internet accessibility, as set forth in section 508 of the rehabilitation act of 1973, as amended by 29 United States Code section 794d, and regulations implementing that act as set forth in part 1194 of title 36 of the Code of Federal Regulations.

C. Printed and on-line nonprinted instructional materials are exempt from this article if providing an accessible electronic file would do any of the following:

1. Fundamentally alter the nature of the instructional activity.

2. Result in undue financial and administrative burdens on any state agency, school district or school.

3. Cause such resources not to meet state content standards, adoption criteria or other applicable specifications.

D. The governing board of each school district or the governing body of another public school that solicits bids pursuant to this section shall provide written notification of the requirements of this article and related and subsequent rules to vendors before soliciting bids for printed and nonprinted instructional materials.

E. This section does not permit reproduction, modification or distribution of accessible electronic files or of printed or nonprinted instructional materials without the permission of the copyright holder, and does not require vendors or copyright holders to provide copies or authorize uses of the electronic files or instructional materials without compensation, except as provided by 17 United States Code section 121. School districts and other public schools shall certify that no reproduction or modification shall occur without the express authorization of the copyright holder while materials are in the custody of the school district or other public school.

F. Nothing in this section reduces the obligation of the state board of education and the governing board of a school district or the governing body of another public school to provide for the instruction of visually impaired pupils in the use of braille or to provide braille textbooks as prescribed in section 15-214.

G. If a national file format is adopted by the United States department of education, nothing in this section requires publishers to produce accessible electronic files that are inconsistent with or more stringent than the specifications of the nationally adopted file format.

H. Nothing in this section shall be construed to apply to a private school.