Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Higher Education Committee

HB 1089

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Regarding instructional materials provided in a specialized format.

Sponsors: Representative McCoy.

Brief Summary of Bill

  • Prohibits an institution that provides a specialized format version of instructional material to a student with a print access disability from requiring the return of the material.

Hearing Date: 1/26/11

Staff: Cece Clynch (786-7195).

Background:

Upon request by a public or private institution of higher education acting on behalf of a student with a print-access disability, a publisher of instructional materials must, unless technically unable, provide the institution any instructional material in an electronic format mutually agreed upon by the publisher and the institution. This includes computer files or electronic versions of printed instructional materials, video materials captioned or accompanied by transcriptions of spoken text, and audio materials accompanied by transcriptions. These must be provided in a timely manner and at no additional cost to the institution.

 

A request from an institution to a publisher for materials in a specialized format must be in writing and include the institution's certification that:

A publisher may require that requests for specialized format materials also include a statement signed by the student promising that the material will be used solely for the student's own purposes and that the student will not copy or duplicate the material for use by others. An institution that allows students to use specialized format instructional material must take precautions to ensure students do not copy or distribute the material in violation of federal copyright laws.

Institutions may also arrange for the transcription or translation of standard format materials and may share the specialized formats created with other students who have print-access disabilities, including students at other institutions. Each institution must establish guidelines for implementation and administration of requests for, and use of, instructional materials in specialized formats.

Summary of Bill:

The Legislature finds that the knowledge, skill, and ability to succeed both academically and later in a chosen profession are accumulated through many sources, including instructional materials. An institution that provides a specialized format version of instructional material may not require that the student return the specialized format version.

Appropriation: None.

Fiscal Note: Requested on 1/14/2011.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.