AB 1099, as introduced, Fong. Public postsecondary education: disabled student services.
Existing law requires publishers, as defined, and manufacturers of printed instructional material, including digital open source textbooks if and when the California Open Source Library is established, 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, as 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.
Existing law also requires the governing boards of the California Community Colleges, the California State University, and the University of California to adopt guidelines consistent with this provision for its implementation and administration.
The bill would make nonsubstantive changes in this provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 67302 of the Education Code, as amended
2by Section 1 of Chapter 239 of the Statutes of 2009, is amended
3to
read:
(a) An individual, firm, partnership, or corporation
5that publishes or manufactures printed instructional materials for
6students attending the University of California, the California State
7University, or a California Community College, shall provide to
8the university, college, or particular campus of the university or
9college, for use by students attending the University of California,
10the California State University, or a California Community College,
11any printed instructional material in an electronic format mutually
12agreed upon by the publisher or manufacturer and the college or
13campus. Computer files or electronic versions of printed
14instructional materials shall maintain the structural integrity of the
15printed instructional material, be compatible with commonly used
16braille translation and speech synthesis software, and
include
17corrections and revisions as may be necessary. The computer files
18or electronic versions of the printed instructional material shall be
19provided to the university, college, or particular campus of the
20university or college at no additional cost and in a timely manner,
21upon receipt of a written request that does all of the following:
22(1) Certifies that the university, college, or particular campus
23of the university or college has purchased the printed instructional
24material for use by a student with a disability or that a student with
25a disability attending or registered to attend that university, college,
26or particular campus of the university or college has purchased the
27printed instructional material.
28(2) Certifies that the student has a disability that prevents him
29or her from using standard instructional materials.
30(3) Certifies that the printed instructional material is for use by
31the student in connection with a course in which he or she is
32registered or enrolled at the university, college, or particular
33campus of the university or college.
P3 1(4) Is signed by the coordinator of services for students with
2disabilities at the university, college, or particular campus of the
3university or college or by the campus or college official
4responsible for monitoring compliance with the Americans with
5Disabilities Act of 1990 (42 U.S.C.begin insert Sec.end insert 12101 et seq.) at the
6university, college, or particular campus of the university or
7college.
8(b) An individual, firm, partnership, or corporation specified in
9subdivision (a) may also require that, in addition to the conditions
10enumerated above,
the request shall include a statement signed by
11the student agreeing to both of the following:
12(1) He or she will use the electronic copy of the printed
13instructional material in specialized format solely for his or her
14own educational purposes.
15(2) He or she will not copy or duplicate the printed instructional
16material for use by others.
17(c) If a college or university permits a student to directly use
18the electronic version of an instructional material, the disk or file
19shall be copy-protected, or the college or university shall take other
20reasonable precautions to ensure that students do not copy or
21distribute electronic versions of instructional materials in violation
22of the Copyrightbegin delete Revisionsend deletebegin insert
Revisionend insert Act of 1976, as amended (17
23U.S.C. Sec. 101 et seq.).
24(d) An individual, firm, partnership, or corporation that publishes
25or manufactures nonprinted instructional materials for students
26attending the University of California, the California State
27University, or a California Community College shall provide
28computer files or other electronic versions of the nonprinted
29instructional materials for use by students attending the University
30of California, the California State University, or a California
31Community College, subject to the same conditions set forth in
32subdivisions (a) and (b) for printed instructional materials, when
33technology is available to convert these nonprinted instructional
34materials to a format that maintains the structural integrity of the
35nonprinted instructional materials that is compatible with braille
36translation and speech synthesis software.
37(e) For purposes of this section:
38(1) “Instructional material or materials” means textbooks and
39other materials written and published primarily for use by students
40in postsecondary instruction that are required or essential to a
P4 1student’s success in a course of study in which a student with a
2disability is enrolled. The determination of which materials are
3“required or essential to student success” shall be made by the
4instructor of the course in consultation with the official making
5the request pursuant to paragraph (4) of subdivision (a) in
6accordance with guidelines issued pursuant to subdivision (i).
7“Instructional material or materials” does not include nontextual
8mathematics and science materials until the time software becomes
9commercially available that permits the conversion of existing
10electronic files of the materials into a format that is compatible
11with braille
translation software or alternative media for students
12with disabilities.
13(2) “Printed instructional material or materials” means
14instructional material or materials in book or other printed form.
15(3) “Nonprinted instructional materials” means instructional
16materials in formats other than print, and includes instructional
17materials that require the availability of electronic equipment in
18order to be used as a learning resource, including, but not
19necessarily limited to, software programs, videotapes and
20audiotapes.
21(4) “Structural integrity” means all of the printed instructional
22material, including, but not limited to, the text of the material,
23sidebars, the table of contents, chapter headings and subheadings,
24footnotes, indexes, glossaries, and bibliographies. “Structural
25integrity” need not include nontextual
elements such as pictures,
26illustrations, graphs, or charts. If good faith efforts fail to produce
27an agreement pursuant to subdivision (a) between the publisher or
28manufacturer and the university, college, or particular campus of
29the university or college, as to an electronic format that will
30preserve the structural integrity of the printed instructional material,
31the publisher or manufacturer shall provide the instructional
32material in ASCII text and shall preserve as much of the structural
33integrity of the printed instructional material as possible.
34(5) “Specialized format” means braille, audio, or digital text
35that is exclusively for use by blind or other persons with
36disabilities.
37(f) Nothing in this section shall be construed to prohibit a
38university, college, or particular campus of the university or college
39from assisting a student with a disability by using the electronic
40
version of printed instructional material provided pursuant to this
P5 1section solely to transcribe or arrange for the transcription of the
2printed instructional material into braille. In the event a
3transcription is made, the campus or college shall have the right
4to share the braille copy of the printed instructional material with
5other students with disabilities.
6(g) The Chancellor of the California Community Colleges, the
7Chancellor of the California State University, and the President
8of the University of California may each establish one or more
9centers within their respective segments to process requests for
10electronic versions of instructional materials pursuant to this
11section. If a segment establishes a center or centers, and a college
12or campus within the jurisdiction of the center chooses to
13participate in the center, each of the following shall apply:
14(1) A college or
campus designated as within the jurisdiction
15of a center shall submit requests for instructional material made
16pursuant to subdivision (a) to the center, which shall transmit the
17request to the publisher or manufacturer.
18(2) If there is more than one center, each center shall make every
19effort to coordinate requests within its segment.
20(3) The publisher or manufacturer of instructional material shall
21be required to honor and respond to only those requests submitted
22through a designated center.
23(4) If a publisher or manufacturer has responded to a request
24for instructional materials by a center, or on behalf of all the centers
25within a segment, all subsequent requests for these instructional
26materials shall be satisfied by the center to which the request is
27made.
28(h) Nothing in this section shall be deemed to authorize any use
29of instructional materials that would constitute an infringement of
30copyright under the Copyright Revision Act of 1976, as amended
31(17 U.S.C. Sec. 101 et seq.).
32(i) Thebegin delete governing boardsend deletebegin insert Board of Governorsend insert of the California
33Community Colleges, thebegin insert Trustees of theend insert
California State
34University, and thebegin insert Regents of theend insert University of California shall
35each adopt guidelines consistent with this section for its
36implementation and administration. At a minimum, the guidelines
37shall address all of the following:
38(1) The designation of materials deemed “required or essential
39to student success.”
P6 1(2) The determination of the availability of technology for the
2conversion of nonprinted materials pursuant to subdivision (d) and
3the conversion of mathematics and science materials pursuant to
4paragraphbegin delete (4)end deletebegin insert (5)end insert of subdivision (e).
5(3) The procedures and standards relating to distribution of files
6and materials pursuant to subdivisions (a) and (b).
7(4) Other matters as are deemed necessary or appropriate to
8carry out the purposes of this section.
9(j) Failure to comply with the requirements of this section shall
10be a violation of Section 54.1 of the Civil Code.
11(k) This section does not apply to a request by an institution for
12a captioned format, as defined in paragraph (1) of subdivision (a)
13of Section 67302.5, of an instructional material, as defined in
14paragraph (4) of subdivision (a) of Section 67302.5.
Section 67302 of the Education Code, as amended by
16Section 3 of Chapter 621 of the Statutes of 2012, is amended to
17
read:
(a) (1) An individual, firm, partnership, or corporation
19that publishes or manufactures printed instructional materials for
20students attending the University of California, the California State
21University, or a California Community College, shall provide to
22the university, college, or particular campus of the university or
23college, for use by students attending the University of California,
24the California State University, or a California Community College,
25any printed instructional material in an electronic format mutually
26agreed upon by the publisher or manufacturer and the college or
27campus. Computer files or electronic versions of printed
28instructional materials shall maintain the structural integrity of the
29printed instructional material, be compatible with commonly used
30braille translation and speech
synthesis software, and include
31corrections and revisions as may be necessary. The computer files
32or electronic versions of the printed instructional material shall be
33provided to the university, college, or particular campus of the
34university or college at no additional cost and in a timely manner,
35upon receipt of a written request that does all of the following:
36(A) Certifies that the university, college, or particular campus
37of the university or college has purchased the printed instructional
38material for use by a student with a disability or that a student with
39a disability attending or registered to attend that university, college,
40or particular campus of the university or college has purchased the
P7 1printed instructional material. The requirements of this
2subparagraph shall be satisfied if the instructional material consists
3of a digital open source textbook or related materials developed
4or acquired pursuant to Section 66409.
5(B) Certifies that the student has a disability that prevents him
6or her from using standard instructional materials.
7(C) Certifies that the printed instructional material is for use by
8the student in connection with a course in which he or she is
9registered or enrolled at the university, college, or particular
10campus of the university or college.
11(D) Is signed by the coordinator of services for students with
12disabilities at the university, college, or particular campus of the
13university or college or by the campus or college official
14responsible for monitoring compliance with the Americans with
15Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) at the
16university, college, or particular campus of the university or
17college.
18(2) If and when the
California Open Source Digital Library is
19established pursuant to statute, the request described in paragraph
20(1) shall be submitted to, and satisfied by, the library where the
21instructional material needed by a student with a disability is
22available from that library.
23(b) An individual, firm, partnership, or corporation specified in
24subdivision (a) may also require that, in addition to the conditions
25enumerated above, the request shall include a statement signed by
26the student agreeing to both of the following:
27(1) He or she will use the electronic copy of the printed
28instructional material in specialized format solely for his or her
29own educational purposes.
30(2) He or she will not copy or duplicate the printed instructional
31material for use by others.
32(c) If a college or university permits a student to directly use
33the electronic version of an instructional material, the disk or file
34shall be copy-protected, or the college or university shall take other
35reasonable precautions to ensure that students do not copy or
36distribute electronic versions of instructional materials in violation
37of the Copyrightbegin delete Revisionsend deletebegin insert Revisionend insert Act of 1976, as amended (17
38U.S.C. Sec. 101 et seq.).
39(d) An individual, firm, partnership, or corporation that publishes
40or manufactures nonprinted instructional materials for students
P8 1attending the University of California, the California State
2University, or a California Community College shall provide
3computer files or other electronic versions of the nonprinted
4
instructional materials for use by students attending the University
5of California, the California State University, or a California
6Community College, subject to the same conditions set forth in
7subdivisions (a) and (b) for printed instructional materials, when
8technology is available to convert these nonprinted instructional
9materials to a format that maintains the structural integrity of the
10nonprinted instructional materials that is compatible with braille
11translation and speech synthesis software.
12(e) For purposes of this section:
13(1) “Instructional material or materials” means textbooks and
14other materials written and published primarily for use by students
15in postsecondary instruction, including, but not limited to, digital
16open source textbooks and related materials developed or acquired
17pursuant to Section 66409, that are required or essential to a
18student’s success in a
course of study in which a student with a
19disability is enrolled. The determination of which materials are
20“required or essential to student success” shall be made by the
21instructor of the course in consultation with the official making
22the request pursuant tobegin insert subparagraph (D) ofend insert paragraphbegin delete (4)end deletebegin insert (1)end insert of
23subdivision (a) in accordance with guidelines issued pursuant to
24subdivision (i). “Instructional material or materials” does not
25include nontextual mathematics and science materials until the
26time software becomes commercially available that permits the
27conversion of existing electronic files of the materials into a format
28that is compatible with braille translation software or alternative
29media for students with
disabilities.
30(2) “Nonprinted instructional materials” means instructional
31materials in formats other than print, and includes instructional
32materials that require the availability of electronic equipment in
33order to be used as a learning resource, including, but not
34necessarily limited to, software programs, videotapes and
35audiotapes.
36(3) “Printed instructional material or materials” means
37instructional material or materials in book form or other printed
38form.
P9 1(4) “Specialized format” means braille, audio, or digital text
2that is exclusively for use by blind persons or other persons with
3disabilities.
4(5) “Structural integrity” means all of the printed instructional
5material, including, but not limited to, the text of the material,
6sidebars, the table
of contents, chapter headings and subheadings,
7footnotes, indexes, glossaries, and bibliographies. “Structural
8integrity” need not include nontextual elements such as pictures,
9illustrations, graphs, or charts. If good-faith efforts fail to produce
10an agreement pursuant to subdivision (a) between the publisher or
11manufacturer and the university, college, or particular campus of
12the university or college, as to an electronic format that will
13preserve the structural integrity of the printed instructional material,
14the publisher or manufacturer shall provide the instructional
15material in ASCII text and shall preserve as much of the structural
16integrity of the printed instructional material as possible.
17(f) Nothing in this section shall be construed to prohibit a
18university, college, or particular campus of the university or college
19from assisting a student with a disability by using the electronic
20version of printed instructional material provided
pursuant to this
21section solely to transcribe or arrange for the transcription of the
22printed instructional material into braille. In the event a
23transcription is made, the campus or college shall have the right
24to share the braille copy of the printed instructional material with
25other students with disabilities.
26(g) The Chancellor of the California Community Colleges, the
27Chancellor of the California State University, and the President
28of the University of California may each establish one or more
29centers within their respective segments to process requests for
30electronic versions of instructional materials pursuant to this
31section. If a segment establishes a center or centers, and a college
32or campus within the jurisdiction of the center chooses to
33participate in the center, each of the following shall apply:
34(1) A college or campus designated as within the jurisdiction
35of a
center shall submit requests for instructional material made
36pursuant to subdivision (a) to the center, which shall transmit the
37request to the publisher or manufacturer.
38(2) If there is more than one center, each center shall make every
39effort to coordinate requests within its segment.
P10 1(3) The publisher or manufacturer of instructional material shall
2be required to honor and respond to only those requests submitted
3through a designated center.
4(4) If a publisher or manufacturer has responded to a request
5for instructional materials by a center, or on behalf of all the centers
6within a segment, all subsequent requests for these instructional
7materials shall be satisfied by the center to which the request is
8made.
9(h) Nothing in this section shall be
deemed to authorize any use
10of instructional materials that would constitute an infringement of
11copyright under the Copyright Revision Act of 1976, as amended
12(17 U.S.C. Sec. 101 et seq.).
13(i) Thebegin delete governing boardsend deletebegin insert
Board of Governorsend insert of the California
14Community Colleges, thebegin insert Trustees of theend insert
California State
15University, and thebegin insert Regents of theend insert University of California shall
16each adopt guidelines consistent with this section for its
17implementation and administration. At a minimum, the guidelines
18shall address all of the following:
19(1) The designation of materials deemed “required or essential
20to student success.”
21(2) The determination of the availability of technology for the
22conversion of nonprinted materials pursuant to subdivision (d) and
23the conversion of mathematics and science materials pursuant to
24paragraphbegin delete (4)end deletebegin insert (5)end insert of subdivision (e).
25(3) The procedures and standards relating to distribution of files
26and materials pursuant to subdivisions (a) and (b).
27(4) Other matters as are deemed necessary or appropriate to
28carry out the purposes of this section.
29(j) Failure to comply with the requirements of this section shall
30be a violation of Section 54.1 of the Civil Code.
31(k) This section does not apply to a request by an institution for
32a captioned format, as defined in paragraph (1) of subdivision (a)
33of Section 67302.5, of an instructional material, as defined in
34paragraph (4) of subdivision (a) of Section 67302.5.
O
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