74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 606
A-Engrossed
Senate Bill 261
Ordered by the Senate March 13
Including Senate Amendments dated March 13
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary for Oregon Advocacy Center)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Requires publisher of instructional materials for
post-secondary students, upon request from post-secondary
education institution, to provide materials in electronic format
to institution for use by students with { + print + }
disabilities for educational purposes. { + Provides exceptions.
Authorizes State Board of Higher Education to work with
publishers and others to develop specified guidelines for
purposes of implementing Act.
Declares emergency, effective July 1, 2007. + }
A BILL FOR AN ACT
Relating to post-secondary instructional materials; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
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 Oregon Health and Science University; or
(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. + }
----------