BILL NUMBER: AB 386	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Ruskin

                        FEBRUARY 23, 2009

   An act to amend Section 67302 of the Education Code, relating to
postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 386, as amended, Ruskin.  Postsecondary  
Public postsecondary  education: instructional materials:
disabled students.
   (1) Existing law requires publishers and manufacturers of printed
instructional material for use at public postsecondary 
educational  institutions to provide the material, upon request,
in an electronic format that is compatible with commonly used
braille translation and speech synthesis software, when those
materials are to be used by a student whose disability prevents him
or her from using standard instructional materials and other
requirements are met.
   Existing law also requires publishers and manufacturers to provide
 computer files or other  electronic versions of nonprinted
instructional materials, defined to include materials that require
the availability of electronic equipment in order to be utilized,
when technology is available to convert those nonprinted materials to
a format that is compatible with braille translation or speech
synthesis software.
   This bill would expand the definition of nonprinted instructional
materials to include audiovisual works  and digital media files
 ,  including  podcasts  ,  and Web
clips. This bill would define podcasts as an audio or video program
in digital format delivered over the Internet for playback on a
computer or portable digital device.
   This bill would require that the electronic versions of nonprinted
instructional materials be compatible with audiovisual captioning
software for the deaf, in addition to braille translation and speech
synthesis software for the blind. 
   The bill would additionally require publishers and manufacturers
to provide a captioned copy of nonprinted instructional materials,
upon request by a public postsecondary educational institution, and
would authorize the public postsecondary educational institution to
create a captioned copy, subject to prescribed conditions, if the
publisher or manufacturer fails to provide the captioned copy. 
   (2) Existing law states that these provisions do not prohibit a
postsecondary educational institution from assisting a disabled
student by using the electronic version of printed instructional
material provided pursuant to these provisions to transcribe the
printed materials into braille.
   This bill, in addition, would state that these provisions do not
prohibit a postsecondary educational institution from assisting a
disabled student by using the electronic version of printed and
nonprinted instructional material to transcribe the materials into
braille or captioning.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 67302 of the Education Code is amended to read:

   67302.  (a) An individual, firm, partnership, or corporation that
publishes or manufactures printed instructional materials for
students attending the University of California, the California State
University, or a California Community College, shall provide to the
university, college, or particular campus of the university or
college, for use by students attending the University of California,
the California State University, or a California Community College,
any printed instructional material in an electronic format mutually
agreed upon by the publisher or manufacturer and the college or
campus. Computer files or electronic versions of printed
instructional materials shall maintain the structural integrity of
the printed instructional material, be compatible with commonly used
braille translation and speech synthesis software, and include
corrections and revisions as may be necessary. The computer files or
electronic versions of the printed instructional material shall be
provided to the university, college, or particular campus of the
university or college at no additional cost and in a timely manner,
upon receipt of a written request that does all of the following:
   (1) Certifies that the university, college, or particular campus
of the university or college has purchased the printed instructional
material for use by a student with a disability or that a student
with a disability attending or registered to attend that university,
college, or particular campus of the university or college has
purchased the printed instructional material.
   (2) Certifies that the student has a disability that prevents him
or her from using standard instructional materials.
   (3) Certifies that the printed instructional material is for use
by the student in connection with a course in which he or she is
registered or enrolled at the university, college, or particular
campus of the university or college.
   (4) Is signed by the coordinator of services for students with
disabilities at the university, college, or particular campus of the
university or college  ,  or by the campus or college
official responsible for monitoring compliance with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) at the
university, college, or particular campus of the university or
college.
   (b) An individual, firm, partnership, or corporation specified in
subdivision (a) may also require that, in addition to the conditions
enumerated above, the request shall include a statement signed by the
student agreeing to both of the following:
   (1) He or she will use the electronic copy of the printed
instructional material in specialized format solely for his or her
own educational purposes.
   (2) He or she will not copy or duplicate the printed instructional
material for use by others.
   (c) If a college or university permits a student to directly use
the electronic version of an instructional material, the disk or file
shall be copy-protected or the college or university shall take
other reasonable precautions to ensure that students do not copy or
distribute electronic versions of instructional materials in
violation of the Copyright Revisions Act of 1976, as amended (17
U.S.C. Sec. 101 et seq.).
   (d)  (1)    An individual, firm, partnership, or
corporation that publishes or manufactures nonprinted instructional
materials for students attending the University of California, the
California State University, or a California Community College shall
provide computer files   files, captioned
copies,  or other electronic versions of the nonprinted
instructional materials for use by students attending the University
of California, the California State University, or a California
Community College, subject to the same conditions set forth in
subdivisions (a) and (b) for printed instructional materials, when
technology is available to convert these nonprinted instructional
materials to a format that maintains the structural integrity of the
nonprinted instructional materials that is compatible with braille
translation, speech synthesis software, and audiovisual captioning
software. 
   (2) The individual, firm, partnership, or corporation shall
provide a captioned copy of nonprinted instructional materials,
pursuant to paragraph (1), within two weeks of receipt of a written
request for a captioned copy, as described in subdivision (a). If the
individual, firm, partnership, or corporation fails to provide the
captioned copy within the two-week period, the University of
California, the California State University, or the California
Community Colleges may create a captioned copy of the nonprinted
instructional materials, to the extent permitted by the Copyright
Revision Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.), and
subject to the same conditions set forth in subdivisions (a) and (b).

   (e) For purposes of this section:
   (1) "Instructional material or materials" means textbooks and
other materials written and published primarily for use by students
in postsecondary instruction that are required or essential to a
student's success in a 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 pursuant to paragraph (4) of subdivision (a) in accordance
with guidelines issued pursuant to subdivision (i). "Instructional
material or materials" does not include nontextual mathematics and
science materials until the time software becomes commercially
available that permits the conversion of existing electronic files of
the materials into a format that is compatible with braille
translation software, audiovisual captioning software, or alternative
media for students with disabilities.
   (2) "Printed instructional material or materials" means
instructional material or materials in book or other printed form.
   (3) "Nonprinted instructional materials" means instructional
materials in formats other than print, and includes instructional
materials that require the availability of electronic equipment in
order to be used as a learning resource, including, but not
necessarily limited to, software programs, video disks, audiovisual
works, digital media files (including "podcasts" and "Web clips"),
and video and audio tapes. For purposes of this paragraph, "podcast"
means an audio or video program in digital format delivered over the
Internet for playback on a computer or portable digital device.
   (4) "Structural integrity" means all of the printed instructional
material, including, but not limited to, the text of the material,
sidebars, the table of contents, chapter headings and subheadings,
footnotes, indexes, glossaries, and bibliographies. "Structural
integrity" need not include nontextual elements such as pictures,
illustrations, graphs, or charts. If good faith efforts fail to
produce an agreement pursuant to subdivision (a) between the
publisher or manufacturer and the university, college, or particular
campus of the university or college, as to an electronic format that
will preserve the structural integrity of the printed instructional
material, the publisher or manufacturer shall provide the
instructional material in ASCII text and shall preserve as much of
the structural integrity of the printed instructional material as
possible.
   (5) "Specialized format" means braille, captioned audiovisual
works, audio, or digital text that is exclusively for use by blind,
deaf, or other persons with disabilities.
   (f)  (1)    Nothing in this section shall be
construed to prohibit a university, college, or particular campus of
the university or college from assisting a student with a disability
by using the electronic version of printed or nonprinted
instructional material provided pursuant to this section solely to
transcribe or arrange for the transcription of the printed or
nonprinted instructional material  into braille or
captioning. In the event a transcription is made, the  
into braille or captioning. 
    (2)     If a transcription is made, or a
captioned copy is created pursuant to paragraph (2) of subdivision
(d), the  campus or college shall have the right to share the
braille or captioned copy of the  printed or nonprinted
 instructional material with other students with
disabilities.
   (g) The Chancellor of the California Community Colleges, the
Chancellor of the California State University, and the President of
the University of California may each establish one or more centers
within their respective segments to process requests for electronic
versions of instructional materials pursuant to this section. If a
segment establishes a center or centers, each of the following shall
apply:
   (1) The colleges or campuses designated as within the jurisdiction
of a center shall submit requests for instructional material made
pursuant to paragraph (4) of subdivision (a) to the center, which
shall transmit the request to the publisher or manufacturer.
   (2) If there is more than one center, each center shall make every
effort to coordinate requests within its segment.
   (3) The publisher or manufacturer of instructional material shall
be required to honor and respond to only those requests submitted
through a designated center.
   (4) If a publisher or manufacturer has responded to a request for
instructional materials by a center, or on behalf of all the centers
within a segment, all subsequent requests for these instructional
materials shall be satisfied by the center to which the request is
made.
   (h) 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.).
   (i) The governing boards of the California Community Colleges, the
California State University, and the University of California shall
each adopt guidelines consistent with this section for its
implementation and administration. At a minimum, the guidelines shall
address all of the following:
   (1) The designation of materials deemed "required or essential to
student success."
   (2) The determination of the availability of technology for the
conversion of nonprinted materials pursuant to subdivision (d) and
the conversion of mathematics and science materials pursuant to
paragraph (4) of subdivision (e).
   (3) The procedures and standards relating to distribution of files
and materials pursuant to subdivisions (a) and (b).
   (4) Other matters as are deemed necessary or appropriate to carry
out the purposes of this section.
   (j) Failure to comply with the requirements of this section shall
be a violation of Section 54.1 of the Civil Code.