Chapter 466
AN ACT
SB 261
Relating to post-secondary instructional materials; and declaring an
emergency.
Be It Enacted by the People of
the State of
SECTION 1. As used in sections 1 to 5 of this 2007 Act:
(1) “Alternative format”
means any medium or format for the presentation of instructional materials
other than standard print that is needed by a post-secondary student with a
print disability for a reading accommodation, including but not limited to
Braille, large print texts, audio recordings, digital texts and digital talking
books.
(2) “Electronic format”
means a medium or format containing digital text.
(3) “Instructional
material” means a textbook or other material if:
(a) The textbook or
other material, including additional prints or new editions of previously
published instructional material, is published on or after January 1, 2004, and
is published primarily for use by students in a course of study in which a
post-secondary student with a print disability is enrolled;
(b) The textbook or
other material is required for a student’s success in the course, as determined
by the course instructor in consultation with the representative making the
request for an electronic format under section 3 (2) of this 2007 Act;
(c) The textbook or
other material is required for the course as stated in the course syllabus or
other curriculum documents, or the use of the materials by the student is
necessary for the completion of course assignments that are used to evaluate
the student, such as to determine the student’s proficiency level or assign a
grade; and
(d) Software is
commercially available to permit the conversion of an electronic file of the
textbook or other material into a format that is compatible with assistive
technologies such as speech synthesis software or Braille translation software.
(4) “Post-secondary
education institution” means:
(a) A state institution
of higher education listed in ORS 352.002;
(b) A community college
operated under ORS chapter 341;
(c) The
(d) An Oregon-based,
generally accredited institution of higher education.
(5) “Print disability”
means a disability that prevents a student from effectively utilizing print
material and may include blindness, other serious visual impairments, specific
learning disabilities or the inability to hold a book.
(6) “Printed
instructional material” means instructional material in book or other printed
form.
(7) “Publisher” means
any person that publishes or manufactures instructional material used by
students attending a post-secondary education institution.
(8) “Structural
integrity” means the inclusion of all of the information provided in printed
instructional material, including but not limited to the text of the material
sidebars, the tables of contents, the chapter headings and subheadings, the
footnotes, the page numbers, the indexes and the glossaries.
(9) “Working day” means
a day that is not a Saturday, Sunday or legal holiday.
SECTION 2. The purpose of sections 1 to 5 of this 2007
Act is to ensure, to the maximum extent possible, that all post-secondary
students with print disabilities in Oregon who require reading accommodations,
in accordance with section 504 of the Rehabilitation Act of 1978, 29 U.S.C.
794, or the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.,
shall have equal and effective access, in alternative format, to instructional
materials provided by a post-secondary education institution.
SECTION 3. (1)(a) A post-secondary education
institution may submit a written request to a publisher to receive
instructional material in an electronic format. In the request, the institution
must certify that:
(A) The instructional
material has been purchased:
(i) By a student for use
by a student with a print disability; or
(ii) By the institution
for use by a student with a print disability who attends or is registered to
attend the institution;
(B) The student has a
print disability that prevents the student from using the standard
instructional material; and
(C) The instructional
material is for use by the student in connection with a course in which the
student is registered or enrolled.
(b) A publisher may
require a statement signed by the student or, if the student is an unemancipated
minor who is under 18 years of age, by the student’s
parent or legal guardian, agreeing that the student will:
(A) Use the copy of the
instructional material in an electronic format solely for the student’s own
educational purposes; and
(B) Not copy or
distribute the instructional material in an electronic format for use by other
people.
(2) The request for
instructional material in an electronic format submitted under subsection (1)
of this section shall be prepared and signed by:
(a) A representative of
services for students with disabilities at the post-secondary education
institution;
(b) A representative of
the Commission for the Blind; or
(c) A representative of
the Department of Human Services.
(3)(a) A publisher
shall, upon receipt of a request for instructional material that meets the
requirements of subsections (1) and (2) of this section, provide to the
post-secondary education institution printed instructional material in an
electronic format.
(b) Except as provided
in paragraph (c) of this subsection, the publisher may not charge the
post-secondary education institution for the instructional material.
(c) The publisher may
charge the post-secondary education institution for the cost of shipping and
handling the instructional material at the ordinary commercial media rates.
(4) A publisher that
provides instructional material in an electronic format under subsection (3) of
this section shall make every reasonable effort to ensure that the
instructional material:
(a)
Maintains the structural integrity of the original instructional material;
(b)
Is compatible with commonly used speech synthesis software and Braille
translation software when necessary; and
(c) Includes corrections
and revisions as may be necessary.
(5) In addition to the
requirements of subsection (4) of this section, a publisher shall provide
instructional material in an electronic format that is mutually agreed upon by
the publisher and the post-secondary education institution. If good faith
efforts fail to produce an agreement as to an electronic format that will
preserve the structural integrity of the instructional material, the publisher
shall:
(a) Provide the
instructional material in an electronic format; and
(b)
Preserve as much of the structural integrity of the original instructional
material as possible.
(6)(a) The publisher
shall transmit or otherwise send the instructional material in an electronic
format within 15 working days of receipt of a request that meets the
requirements of subsections (1) and (2) of this section.
(b) Notwithstanding
paragraph (a) of this subsection, if meeting the time period requirements
specified in paragraph (a) of this subsection is an undue burden on the
publisher, the publisher may submit within the 15 working days a statement to
the requesting post-secondary education institution certifying the expected
date for transmission or delivery of the instructional material in an
electronic format and a summary of the basis of the undue burden.
SECTION 4. (1) The State Board of Higher Education may
work with publishers, recognized national organizations of publishers,
representatives of post-secondary education institutions, the system described
in ORS 192.517 and other interested parties to:
(a) Develop unified,
statewide guidelines consistent with sections 1 to 5 of this 2007 Act;
(b) Administer sections
1 to 5 of this 2007 Act; and
(c) Review guidelines
annually and revise the guidelines as necessary due to changes in technology or
other changes.
(2) The guidelines may address
the following:
(a) The procedures and
standards relating to the distribution of files and materials pursuant to
sections 1 to 5 of this 2007 Act;
(b) Available electronic
formats;
(c) Procedures for
granting exceptions when it is determined that a publisher is not able to
comply with the requirements of sections 1 to 5 of this 2007 Act due to
technical, economic or other practical impediments; and
(d) Other matters deemed
necessary or appropriate to carry out the purposes of sections 1 to 5 of this
2007 Act.
(3) The State Board of
Higher Education shall review the recommendations, published on or after the
effective date of this 2007 Act, of the Association of American Publishers’
Alternative Formats Solutions Initiative, and determine whether the
recommendations should be incorporated into sections 1 to 5 of this 2007 Act.
SECTION 5. (1) Nothing in sections 1 to 5 of this 2007
Act authorizes any use of instructional materials, or requires a publisher to
perform any act, that would constitute an infringement of copyright under the
Copyright Act of 1976, 17 U.S.C. 101 et seq.
(2) Notwithstanding
section 1, 2, 3 or 4 of this 2007 Act, a publisher is not required to provide
an electronic format of the instructional material pursuant to section 3 of
this 2007 Act if the publisher has commercially published or manufactured a
version of the product that is accessible to students with print disabilities,
or if the publisher has the capacity and offers to sell an electronic format of
the instructional material directly to the student in a timely manner at the
same cost as the commercially available material.
(3) Notwithstanding
section 1, 2, 3 or 4 of this 2007 Act, a publisher is not required to provide
an electronic format of the instructional material pursuant to section 3 of
this 2007 Act if the publisher has not previously produced a digital version of
the fully edited and typeset instructional material, such as in the case of a
work produced through a method that does not require the creation of a digital
file.
(4) A post-secondary
education institution that has obtained an electronic format from a publisher
pursuant to section 3 of this 2007 Act may not duplicate the electronic format,
or specialized format produced therefrom, to enable use by one or more
additional students, or obtain the electronic format, or specialized format
produced therefrom, from another institution or particular campus of the
institution unless, for each additional student for whom a specialized format
is sought, the campus of the institution where the additional student is
enrolled provides the publisher with a written request as described in section
3 of this 2007 Act.
SECTION 6. Sections 1 to 5 of this 2007 Act first apply
to the 2007-2008 academic year.
SECTION 7. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect July 1, 2007.
Approved by the Governor June 18, 2007
Filed in the office of Secretary of State June 19, 2007
Effective date July 1, 2007
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