BILL NUMBER: AB 1099	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 22, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 67302 of the Education Code, as amended by
Section 1 of Chapter 239 of the Statutes of 2009, 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.  Sec.  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   Revision
 Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.).
   (d) 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 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 and speech
synthesis software.
   (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 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, videotapes and audiotapes.

   (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, audio, or digital text
that is exclusively for use by blind or other persons with
disabilities.
   (f) 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 instructional material provided
pursuant to this section solely to transcribe or arrange for the
transcription of the printed instructional material into braille. In
the event a transcription is made, the campus or college shall have
the right to share the braille copy of the printed 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, and a college or campus
within the jurisdiction of the center chooses to participate in the
center, each of the following shall apply:
   (1) A college or campus designated as within the jurisdiction of a
center shall submit requests for instructional material made
pursuant to 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   Board of
Governors  of the California Community Colleges, the 
Trustees of the  California State University, and the 
Regents of 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)   (5)  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.
   (k) This section does not apply to a request by an institution for
a captioned format, as defined in paragraph (1) of subdivision (a)
of Section 67302.5, of an instructional material, as defined in
paragraph (4) of subdivision (a) of Section 67302.5.
  SEC. 2.  Section 67302 of the Education Code, as amended by Section
3 of Chapter 621 of the Statutes of 2012, is amended to read:
   67302.  (a) (1) 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:
   (A) 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. The requirements of
this subparagraph shall be satisfied if the instructional material
consists of a digital open source textbook or related materials
developed or acquired pursuant to Section 66409.
   (B) Certifies that the student has a disability that prevents him
or her from using standard instructional materials.
   (C) 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.
   (D) 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. Sec. 12101 et seq.) at the
university, college, or particular campus of the university or
college.
   (2) If and when the California Open Source Digital Library is
established pursuant to statute, the request described in paragraph
(1) shall be submitted to, and satisfied by, the library where the
instructional material needed by a student with a disability is
available from that library.
   (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  Revision
 Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.).
   (d) 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 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 and speech
synthesis software.
   (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, including, but not limited to, digital
open source textbooks and related materials developed or acquired
pursuant to Section 66409, 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  subparagraph (D) of  paragraph
 (4)   (1)  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 or alternative media for students
with disabilities.
   (2) "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, videotapes and audiotapes.

   (3) "Printed instructional material or materials" means
instructional material or materials in book form or other printed
form.
   (4) "Specialized format" means braille, audio, or digital text
that is exclusively for use by blind persons or other persons with
disabilities.
   (5) "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.
   (f) 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 instructional material provided
pursuant to this section solely to transcribe or arrange for the
transcription of the printed instructional material into braille. In
the event a transcription is made, the campus or college shall have
the right to share the braille copy of the printed 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, and a college or campus
within the jurisdiction of the center chooses to participate in the
center, each of the following shall apply:
   (1) A college or campus designated as within the jurisdiction of a
center shall submit requests for instructional material made
pursuant to 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   Board of
Governors  of the California Community Colleges, the 
Trustees of the  California State University, and the 
Regents of 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)   (5)  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.
   (k) This section does not apply to a request by an institution for
a captioned format, as defined in paragraph (1) of subdivision (a)
of Section 67302.5, of an instructional material, as defined in
paragraph (4) of subdivision (a) of Section 67302.5.