To improve access to printed instructional materials used by blind or other persons with print disabilities in elementary and secondary schools, and for other purposes.

January 29, 2003

Mr. PETRI (for himself, Mr. GEORGE MILLER of California, Mr. OTTER, Mr. DOYLE, Mr. DICKS, Mr. ANDREWS, Mr. MCDERMOTT, Mr. FRANK of Massachusetts, Mr. SMITH of Washington, Mr. WILSON of South Carolina, Mrs. MALONEY, Mr. GREENWOOD, Mr. WALSH, Mr. LATOURETTE, Mr. BOSWELL, Mr. HONDA, Mr. GREEN of Texas, Mr. TIERNEY, Mr. BACA, Mr. INSLEE, Mrs. DAVIS of California, Mr. PALLONE, Ms. BORDALLO, Mr. WAXMAN, and Ms. NORTON) introduced the following bill; which was referred to the Committee on Education and the Workforce

To improve access to printed instructional materials used by blind or other persons with print disabilities in elementary and secondary schools, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Instructional Materials Accessibility Act of 2003'.

SEC. 2. PURPOSE.

The purpose of this Act is to improve access to printed instructional materials used by blind persons, or other persons with print disabilities, in elementary schools and secondary schools through the creation of a coordinated and efficient system for acquisition and distribution of instructional materials in the form of electronic files suitable for conversion into a variety of specialized formats.

SEC. 3. TECHNICAL STANDARDS.

(a) STANDARDS-

(1) PUBLICATION- The Secretary of Education, in consultation with the National Institute of Standards and Technology of the Department of Commerce, shall publish in the Federal Register technical standards, to be known as the Instructional Materials Accessibility Standards--

(A) as a proposed rule, not later than 270 days after the date of enactment of this Act; and

(B) as a final rule, not later than 360 days after the date of enactment of this Act.

(2) PUBLIC COMMENT- The Secretary shall provide an opportunity for the submission by the public of comments regarding a proposed rule for at least 30 days before publication under paragraph (1)(B) of a final rule.

(3) CONTENTS- The Instructional Materials Accessibility Standards shall--

(A) define the specific technical parameters of the national electronic file format to be used by publishers of instructional materials in the preparation of electronic files suitable for efficient conversion into specialized formats; and

(B) be consistent with and based upon existing and emerging standards relating to electronic publishing and translation technology used to produce specialized formats.

(b) ADVISORY COMMITTEE-

(1) ESTABLISHMENT- In developing the Instructional Materials Accessibility Standards under subsection (a), the Secretary shall, in consultation with the National Institute of Standards and Technology and not later than 90 days after the date of enactment of this Act, establish an advisory committee, to be known as the National Instructional Materials Accessibility Advisory Committee, which shall provide technical expertise and guidance to the Secretary for the creation of the national electronic file format.

(2) MEMBERS- The Committee shall consist of individuals who shall include at least one and not more than two representatives of each of the following:

(A) Publishers of instructional materials.

(B) Producers of adaptive technology.

(C) Producers of materials in specialized formats.

(D) Organizations for blind consumers.

(E) Special education programs.

(F) Developers of accessibility and publishing software and supporting technologies.

(G) Information technology standards organizations.

(H) Instructional materials resource centers with substantial experience in file format preparation and automated conversion technology.

(I) Any other organization or interest that the Secretary determines to be appropriate.

(c) REVIEW AND AMENDMENT- The Secretary, in consultation with the National Institute of Standards and Technology and the National Instructional Materials Accessibility Advisory Committee, shall periodically review and, as appropriate, amend the technical standards prescribed under subsection (a) to reflect technological advances or changes.

SEC. 4. STATE REQUIREMENTS FOR ENSURING TIMELY PROVISION OF INSTRUCTIONAL MATERIALS TO STUDENTS.

(a) STATE OBLIGATIONS-

(1) STATEWIDE PLAN- Not later than 2 years after the date of enactment of this Act, a State educational agency receiving Federal financial assistance under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) shall, as a condition of receiving such assistance, develop and implement a written statewide plan designed to ensure that instructional materials for classroom use in elementary schools and secondary schools within the State are made available in specialized formats to individuals who are blind or have other print disabilities at the same time such materials are provided to individuals without such disabilities.

(2) COORDINATION- A statewide plan submitted by a State educational agency under paragraph (1) shall, to the maximum extent practicable, be coordinated with any State program improvement grant received by such agency under subpart 1 of part D of the Individuals with Disabilities Education Act (20 U.S.C. 1451 et seq.), and shall contain an outline of the activities that such agency intends to carry out using amounts received under the grant to achieve the purpose of this Act.

(3) CONTENTS- At a minimum, a statewide plan developed under paragraph (1) shall--

(A) designate the entity responsible for collecting and maintaining data related to identification of individuals who are blind or have other print disabilities and who require instructional materials in specialized formats;

(B) establish the methods and procedures by which instructional materials are provided in specialized formats appropriate to the needs of the individual, including the methods for converting electronic files obtained under subsection (b) into specialized formats;

(C) identify the resources available for production of instructional materials in specialized formats;

(D) establish procedures that local educational agencies and any other agency with responsibility for carrying out the education of children with disabilities will follow to ensure the timely delivery of instructional materials in specialized formats;

(E) provide assurances that contracts with publishers meet the requirements of subsection (b); and

(F) provide for periodic evaluation to ensure that instructional materials are made available in appropriate specialized formats to individuals who are blind or have other print disabilities at the same time such materials are provided to individuals without such disabilities.

(b) CONTRACTS WITH PUBLISHERS-

(1) CONTRACTS FOR STANDARDIZED FILES- In addition to the requirements of subsection (a), a State educational agency or local educational agency receiving Federal financial assistance under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) shall, as part of any instructional materials adoption process, procurement contract, or other practice or instrument used for the purchase of instructional materials, enter into a written contract with the publisher of the materials to prepare, in conjunction with the provision of such materials, electronic files containing the contents of the materials in the national electronic file format prescribed under section 3(a). The contract shall be entered into and take effect not later than 3 years after the date of enactment of this Act.

(2) CONTENTS OF CONTRACTS- A contract described in paragraph (1) shall also provide for the following:

(A) PUPIL EDITIONS- Not later than 30 days after the date of ratification of the contract, the publisher will transmit to the National Instructional Materials Access Center electronic files prepared in the national electronic file format prescribed under section 3(a) that correspond to the most recent pupil edition of the materials covered under the contract that is in print on the date of ratification of the contract, along with a print copy of such materials. If the most current pupil edition of such instructional materials in print on the date of ratification of the contract is, or will be, altered prior to the use of the materials in the classroom or if no such edition exists on such date, the publisher will, by a date specified in the contract, transmit to the Center--

(i) electronic files containing a complete record of corrections and changes made to such instructional materials; or

(ii) electronic files prepared in the national electronic file format prescribed under section 3(a) that correspond to the pupil edition of such instructional materials that will be used in the classroom.

(B) TEACHER EDITIONS- Not later than 30 days after receipt of a request from the National Instructional Materials Access Center made on behalf of a teacher, the publisher will transmit to the Center electronic files prepared in the national electronic file format prescribed under section 3(a) that correspond to the teacher edition of the requested instructional materials covered under the contract, if the request includes--

(i) a specific description of the instructional materials needed by the teacher (including, if applicable, an International Standard Book Number (ISBN)); and

(ii) a certification that the teacher is blind or has a print disability.

(c) PREEMPTION OF INCONSISTENT STATE AND LOCAL REQUIREMENTS- Except as provided in subsection (d), subsection (b) supersedes any inconsistent requirements in the laws or regulations of any State or local government, with respect to publishers providing instructional materials in the form of electronic files intended for conversion into specialized formats to be used by blind or other persons with print disabilities.

(d) RIGHT OF CONTRACT- Notwithstanding the requirements of this section, nothing in this Act may be construed to impair the right of any State educational agency or local educational agency to enter into a contract with any publisher of instructional materials for the purpose of directly obtaining from such publisher copies of electronic files prepared and transmitted in accordance with this section.

SEC. 5. NATIONAL INSTRUCTIONAL MATERIALS ACCESS CENTER.

(a) ESTABLISHMENT- Not later than 2 years after the date of enactment of this Act, the Secretary shall establish a center, to be known as the National Instructional Materials Access Center, which shall coordinate the acquisition and distribution of instructional materials in the national electronic file format prescribed under section 3(a).

(b) RESPONSIBILITIES- The duties of the Center are the following:

(1) To monitor the needs of State educational agencies and local educational agencies for instructional materials in specialized formats and to take appropriate administrative steps to assist such agencies in ensuring that instructional materials in the form of electronic files are submitted by publishers to the Center under section 4(b).

(2) To receive instructional materials under section 4(b) in the national electronic file format prescribed under section 3(a) and to provide authorized entities with access to such files, free of charge.

(3) To verify the receipt and compliance of the materials received under section 4(b) with the national electronic file format prescribed under section 3(a).

(4) To prescribe and publish policies and guidelines which the Center will use for the submission, cataloging, retrieval, and distribution of instructional materials in the national electronic file format prescribed under section 3(a).

(5) To prescribe and publish terms and procedures for approval of authorized entities registering with the Center to obtain access to the instructional materials in the national electronic file format prescribed under section 3(a).

(6) To provide access to the materials received under section 4(b) to authorized entities and to coordinate, as appropriate, with other programs providing access to instructional materials in specialized formats.

(7) To take such administrative steps as may be needed to coordinate the efficient acquisition and distribution of instructional materials in the national electronic file format prescribed under section 3(a).

(8) Promptly to forward to the appropriate publisher of instructional materials a request made under section 4(b)(2)(B) received for materials needed for a teacher.

(9) To develop, adopt, and publish procedures to protect against copyright infringement and otherwise to administratively assure compliance with title 17, United States Code, with respect to the instructional materials provided under this Act.

(c) CONTRACT AUTHORIZED- To assist in carrying out subsection (a), the Secretary shall award, on a competitive basis, a contract renewable on a biannual basis with a nonprofit organization, or with a consortium of such organizations, determined by the Secretary to be best qualified to carry out the responsibilities described in subsection (b). The contractor shall report directly to the Assistant Secretary for Special Education and Rehabilitative Services of the Department of Education.

SEC. 6. GRANTS FOR CAPACITY BUILDING.

(a) AUTHORITY TO AWARD GRANTS- The Secretary may award grants to the eligible entities under subsection (b) (or a consortium of such entities) to provide or improve the capacity of such entities to prepare or obtain instructional materials in specialized formats (including the national electronic format prescribed under section 3(a)).

(b) ELIGIBLE ENTITIES- The following are entities eligible for a grant under this section:

(1) State educational agencies.

(2) Regional consortia of State educational agencies.

(3) Local educational agencies.

(4) Nonprofit organizations the primary mission of which is to provide specialized services relating to training, education, or adaptive reading or the information access needs of blind persons or other persons with print disabilities.

(c) APPLICATION- An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The application shall include each of the following:

(1) A description of the entity's current capacity to prepare instructional materials in specialized formats.

(2) The entity's assessment of needs to be met within the geographic area to be served.

(3) A plan for working with other similar entities in order to ensure a coordinated approach in meeting such needs.

(4) A description of proposed training of transcribers and others who prepare instructional materials in specialized formats and, if appropriate, specification of the technology to be obtained and used in the program.

(5) An assurance that the entity is, and shall remain, in compliance with the provisions of section 121 of title 17, United States Code, regarding the reproduction and distribution of copyrighted instructional materials in specialized formats.

(d) PROCEDURES- The Secretary may prescribe rules or procedures to carry out this section.

SEC. 7. ENFORCEMENT.

(a) RIGHTS, REMEDIES, AND PROCEDURES- The rights, remedies, and procedures available to children and parents under subsections (b)(6), (e), (f), and (g) of section 615 of the Individuals with Disabilities Education Act (20 U.S.C. 1415) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall be the rights, remedies, and procedures available under this Act to children and parents aggrieved by violations of this Act by any State educational agency or local educational agency.

(b) RULE OF CONSTRUCTION- This Act may not be construed to limit any right, remedy, or procedure otherwise available under any other provision of Federal law that provides greater or equal protection for the rights of blind persons or other persons with print disabilities.

SEC. 8. RELATIONSHIP TO SECTION 121 OF THE COPYRIGHT ACT.

(a) AUTHORIZED ENTITY- A publisher that provides instructional materials to a State educational agency or local educational agency in the national electronic file format prescribed under section 3(a), shall, for such purposes, be considered an authorized entity within the meaning of section 121 of title 17, United States Code.

(b) NONINFRINGING USE- Reproduction or distribution of instructional materials in a large print format exclusively for use by blind persons, or other persons with print disabilities, in elementary schools or secondary schools shall be considered a noninfringing use of such materials when conducted by an authorized entity (as that term is defined in section 121 of title 17, United States Code).

SEC. 9. SUPPLEMENT, NOT SUPPLANT.

Funds made available under this Act shall be used to supplement, and not to supplant, any other Federal, State, local, or non-Federal funds available to carry out this Act.

SEC. 10. RESEARCH AND REPORTS.

(a) RESEARCH- The Secretary shall conduct research, directly or by grant or contract, about the effect of this Act on the timely delivery of instructional materials in specialized formats to students who are blind or have other print disabilities.

(b) REPORTS- Not later than 3 years after the date of enactment of this Act, and biennially thereafter, the Secretary shall submit to the appropriate committees of Congress a report containing the results of the research described in subsection (a) and additionally, at a minimum, the following information:

(1) The number of students directly affected by this Act.

(2) The annual cost incurred to carry out this Act by the Federal Government, State governments, and nonprofit entities that may be involved in administering this Act.

(3) The financial and in-kind contributions of State and local governments, and private nonprofit and for-profit entities, to activities conducted under this Act.

(4) Changes in the percentage of individuals who receive appropriate instructional materials in specialized formats at the beginning of a school year compared to the percentage for the beginning of the preceding school year.

(5) Changes in the timeliness of delivery of appropriate instructional materials in specialized formats from the beginning of one school year to the beginning of the next school year.

(6) The extent to which States and local educational agencies have been able to satisfy requirements of compliance agreements or take other corrective actions regarding the timely delivery of appropriate instructional materials.

(7) Such other matters as the Secretary considers to be relevant and appropriate.

SEC. 11. DEFINITIONS.

In this Act:

(1) The term `print disability' means, with respect to an individual, student, or teacher, eligibility or qualification under the Act of March 3, 1931, entitled `An Act to provide books for the adult blind' (2 U.S.C. 135a), to receive books and other publications produced in specialized formats.

(2) The term `instructional materials' means printed textbooks and related core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by a State educational agency or local educational agency for use in the classroom, including teacher editions of such materials requested under section 4(b)(2)(B).

(3) The term `national electronic file format' means a well-organized, structured, and marked-up electronic file that is suitable for efficient conversion into specialized formats and that is in conformance with the technical standards prescribed under section 3(a).

(4) The term `Center' means the National Instructional Materials Access Center established by the Secretary under section 5.

(5) The term `Secretary' means the Secretary of Education.

(6) The term `specialized format', with respect to instructional materials, means Braille, synthesized speech, digital text, digital audio, or large print.

(7) The terms `State educational agency', `local educational agency', `elementary school', and `secondary school' have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

SEC. 12. EFFECTIVE DATE.

This Act shall take effect upon its enactment and shall apply to instructional materials published and copyrighted after the date on which the technical standards prescribed under section 3(a) take effect.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL- There are authorized to be appropriated to carry out this Act $4,000,000 for fiscal year 2004 and such sums as may be necessary for each of the 6 succeeding fiscal years.

(b) RESERVATION- From the amount appropriated under subsection (a) for each fiscal year to carry out this Act, the Secretary shall reserve $1,500,000 to carry out section 5.

END