SHB 1089 -
By Committee on Higher Education & Workforce Development
ADOPTED 04/11/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that the knowledge,
skill, and ability to succeed both academically and later in a chosen
profession are accumulated through myriad sources, including
instructional materials. Therefore, it is the intent of the
legislature to ensure that students provided with instructional
materials pursuant to RCW 28B.10.916 be permitted to retain those
materials if they so desire.
Sec. 2 RCW 28B.10.916 and 2004 c 46 s 1 are each amended to read
as follows:
(1) An individual, firm, partnership or corporation that publishes
or manufactures instructional materials for students attending any
public or private institution of higher education in the state of
Washington shall provide to the public or private institution of higher
education, for use by students attending the institution, any
instructional material in an electronic format mutually agreed upon by
the publisher or manufacturer and the public or private institution of
higher education. Computer files or electronic versions of printed
instructional materials shall be provided; video materials must be
captioned or accompanied by transcriptions of spoken text; and audio
materials must be accompanied by transcriptions. These supplemental
materials shall be provided to the public or private institution of
higher education at no additional cost and in a timely manner, upon
receipt of a written request as provided in subsection (2) of this
section.
(2) A written request for supplemental materials must:
(a) Certify that a student with a print access disability attending
or registered to attend a public or participating private institution
of higher education has purchased the instructional material or the
public or private institution of higher education has purchased the
instructional material for use by a student with a print access
disability;
(b) Certify that the student has a print access disability that
substantially prevents him or her from using standard instructional
materials;
(c) Certify that the instructional material is for use by the
student in connection with a course in which he or she is registered or
enrolled at the public or private institution of higher education; and
(d) Be signed by the coordinator of services for students with
disabilities at the public or private institution of higher education
or by the college or campus official responsible for monitoring
compliance with the Americans with disabilities act of 1990 (42 U.S.C.
12101 et seq.) at the public or private institution of higher
education.
(3) An individual, firm, partnership or corporation specified in
subsection (1) of this section may also require that, in addition to
the requirements in subsection (2) of this section, the request include
a statement signed by the student agreeing to both of the following:
(a) He or she will use the instructional material provided in
specialized format solely for his or her own educational purposes; and
(b) He or she will not copy or duplicate the instructional material
provided in specialized format for use by others.
(4) A public or private institution of higher education that
provides a specialized format version of instructional material
pursuant to this section may not require that the student return the
specialized format version of the instructional material, except that
if the institution has determined that it is not required to allow the
student to retain the material under the Americans with disabilities
act or other applicable laws, and the material was translated or
transcribed into a specialized format at the expense of the institution
and the cost to reproduce a copy of the translation or transcription is
greater than one hundred dollars, the institution may require that the
student return the specialized format version.
(5) If a public or private institution of higher education provides
a student with the specialized format version of an instructional
material, the media must be copy-protected or the public or private
institution of higher education shall take other reasonable precautions
to ensure that students do not copy or distribute specialized format
versions of instructional materials in violation of the copyright
revision((s)) act of 1976, as amended (17 U.S.C. Sec. 101 et seq.).
(((5))) (6) For purposes of this section:
(a) "Instructional material or materials" means textbooks and other
materials that are required or essential to a student's success in a
postsecondary course of study in which a student with a disability is
enrolled. The determination of which materials are "required or
essential to student success" shall be made by the instructor of the
course in consultation with the official making the request in
accordance with guidelines issued pursuant to subsection (((9))) (10)
of this section. The term specifically includes both textual and
nontextual information.
(b) "Print access disability" means a condition in which a person's
independent reading of, reading comprehension of, or visual access to
materials is limited or reduced due to a sensory, neurological,
cognitive, physical, psychiatric, or other disability recognized by
state or federal law. The term is applicable, but not limited to,
persons who are blind, have low vision, or have reading disorders or
physical disabilities.
(c) "Structural integrity" means all instructional material,
including but not limited to the text of the material, sidebars, the
table of contents, chapter headings and subheadings, footnotes,
indexes, glossaries, graphs, charts, illustrations, pictures,
equations, formulas, and bibliographies. Structural order of material
shall be maintained. Structural elements, such as headings, lists, and
tables must be identified using current markup and tools. If good
faith efforts fail to produce an agreement between the publisher or
manufacturer and the public or private institution of higher education,
as to an electronic format that will preserve the structural integrity
of instructional materials, the publisher or manufacturer shall provide
the instructional material in a verified and valid HTML format and
shall preserve as much of the structural integrity of the instructional
materials as possible.
(d) "Specialized format" means Braille, audio, or digital text that
is exclusively for use by blind or other persons with print access
disabilities.
(((6))) (7) Nothing in this section is to be construed to prohibit
a public or private institution of higher education from assisting a
student with a print access disability through the use of an electronic
version of instructional material gained through this section or by
transcribing or translating or arranging for the transcription or
translation of the instructional material into specialized formats that
provide persons with print access disabilities the ability to have
increased independent access to instructional materials. If such
specialized format is made, the public or private institution of higher
education may share the specialized format version of the instructional
material with other students with print access disabilities for whom
the public or private institution of higher education is authorized to
request electronic versions of instructional material. The addition of
captioning to video material by a Washington public or private
institution of higher education does not constitute an infringement of
copyright.
(((7))) (8) A specialized format version of instructional materials
developed at one public or private institution of higher education in
Washington state may be shared for use by a student at another public
or private institution of higher education in Washington state for whom
the latter public or private institution of higher education is
authorized to request electronic versions of instructional material.
(((8))) (9) Nothing in this section shall be deemed to authorize
any use of instructional materials that would constitute an
infringement of copyright under the copyright revision act of 1976, as
amended (17 U.S.C. Sec. 101 et seq.).
(((9))) (10) The governing boards of public and participating
private institutions of higher education in Washington state shall each
adopt guidelines consistent with this section for its implementation
and administration. At a minimum, the guidelines shall address all of
the following:
(a) The designation of materials deemed "required or essential to
student success";
(b) The determination of the availability of technology for the
conversion of materials pursuant to subsection (((4))) (5) of this
section and the conversion of mathematics and science materials
pursuant to subsection (((5))) (6)(c) of this section;
(c) The procedures and standards relating to distribution of files
and materials pursuant to this section;
(d) The guidelines shall include procedures for granting exceptions
when it is determined that an individual, firm, partnership or
corporation that publishes or manufactures instructional materials is
not technically able to comply with the requirements of this section;
and
(e) Other matters as are deemed necessary or appropriate to carry
out the purposes of this section.
(((10))) (11) A violation of this chapter constitutes an unfair
practice under chapter 49.60 RCW, the law against discrimination. All
rights and remedies under chapter 49.60 RCW, including the right to
file a complaint with the human rights commission and to bring a civil
action, apply."
SHB 1089 -
By Committee on Higher Education & Workforce Development
ADOPTED 04/11/2011
On page 1, line 2 of the title, after "version;" strike the remainder of the title and insert "amending RCW 28B.10.916; and creating a new section."
EFFECT: A public or private institution of higher education must first determine that it is not required to allow a student to retain the specialized format under the Americans with Disabilities Act before requiring a student to return a specialized format that the institution translated or transcribed at its expense and costs more than $100 to reproduce.