LRB-4109/1
GMM:kjf:rs
2011 - 2012 LEGISLATURE
February 16, 2012 - Introduced by Senators Wirch, Erpenbach, S. Coggs, Lasee,
C. Larson, Risser and
Taylor, cosponsored by Representatives Knilans,
Seidel, Bewley, Bies, Endsley, Grigsby, Krug, Pope-Roberts, Steinbrink,
Turner, C. Taylor and
Mason. Referred to Committee on Agriculture,
Forestry, and Higher Education.
SB485,1,3
1An Act to create 106.57 of the statutes;
relating to: accessible instructional
2materials for students with disabilities enrolled in institutions of higher
3education.
Analysis by the Legislative Reference Bureau
Current law
Under current state law, the University of Wisconsin System (UW System) and
the Technical College System (TCS) may not deny to a student admission to,
participation in, or the benefits of, or discriminate against a student in, any service,
program, course, or facility because of the student's disability. In addition, under
current federal law, a college, university, or other postsecondary institution,
including a private postsecondary institution, may not exclude a student from
participation in, deny a student the benefits of, or subject a student to discrimination
under any program or activity receiving federal financial assistance. Federal
regulations specify that a postsecondary institution receiving federal financial
assistance must ensure that no student with a disability is denied the benefits of,
excluded from participation in, or otherwise subjected to discrimination because of
the absence of educational auxiliary aids for students with impaired sensory,
manual, or speaking skills.
The bill
Request for instructional material in alternative or electronic format.
This bill permits an institution or college campus within the UW System, a technical
college within the TCS, or a private, nonprofit institution of higher education that
is a member of the Wisconsin Association of Independent Colleges and Universities
(institution of higher education), on behalf of a student who is blind or visually
impaired, or who has a specific learning disability or other physical condition that
prevents the student from using instructional material in standard print format, and
who needs reasonable accommodations to read (student with a disability), to request
a publisher to provide instructional material in either of the following formats:
1. Braille, large print texts, audio recordings created with the use of
text-to-speech technology, electronic formats used with screen reader devices or
other assistive technology, or digital talking books that are required by a student
with a disability to make instructional material accessible to the student (alternative
format).
2. A computer file or other digital medium embodying instructional material
that can be made into an alternative format or that is capable of serving as an
alternative format, if used with a screen reader device or other assistive technology
(electronic format).
Under the bill, a request for instructional material in alternative format or
electronic format (request) must certify: 1) that a copy of the instructional material
in a standard format has been purchased for use by a student with a disability; 2) that
the student is a student with a disability; 3) that the instructional material is for use
by the student in connection with a course at the institution of higher education in
which the student is enrolled; and 4) whether the institution of higher education has
in its possession a copy of the instructional material in electronic format and, if so,
whether that copy is capable, if used with assistive technology, of serving as an
alternative format suitable for the needs of the student with a disability or of being
converted, using generally available technology, into the particular alternative
format needed by the student. In addition, the publisher may require the student to
sign a statement agreeing that the student will use the instructional material in
alternative format solely for his or her own educational purposes and that the
student will not copy or distribute the instructional material in alternative format
for use by others.
Provision of instructional material in alternative or electronic format.
The bill requires a publisher, in response to a request, to do one of the following:
1. Provide to the requester a copy of the instructional material in alternative
format by delivering a computer disk or file.
2. Provide to the requester access to the instructional material in alternative
format by providing an Internet password or by providing that access in any other
appropriate matter.
3. Provide to the requester a copy of the instructional material in electronic
format.
4. At its option, grant to the institution of higher education permission to
convert the instructional material into the particular alternative format needed by
the student with a disability.
5. If the publisher believes that it is unable to provide the instructional
material in alternative format or electronic format or grant permission to convert the
instructional material into alternative format because the publisher does not own or
control some or all of the copyright in the instructional material, provide to the
requester the name of the person that, to the best of the publisher's knowledge, is
able to fulfill the request.
Within seven days after receiving a request, the publisher must respond to the
request by providing a notice advising the requester as to which of the actions, if any,
permitted under the bill the publisher intends to take. If the publisher provides
notice that the publisher intends to provide a copy of the instructional material in
electronic format, the publisher must provide the material in that format no later
than seven days after providing that notice. If the publisher provides notice that the
publisher intends to provide a copy of, or access to, the instructional material in
alternative format, the publisher must provide that material or that access no later
than 14 days after providing that notice.
Under the bill, instructional material provided by a publisher in electronic
format must: 1) maintain the structural integrity of the original instructional
material, which means that all of the information provided in printed instructional
material, including the text of sidebars; the table of contents; chapter headings and
subheadings; footnotes; indexes; glossaries; bibliographies; nontextual elements,
such as pictures, illustrations, graphs, charts, and screenshots; and any other data
that are pertinent to the instructional material, is included when that printed
instructional material is provided in alternative format or electronic format; 2) be
compatible with an assistive technology that is suitable for the needs of the student
with a disability or, if the student needs an embossed Braille version of the
instructional material, be compatible with commonly used Braille translation
software; and 3) include corrections and revisions that have been generally
published with respect to the instructional material.
Use of instructional material in alternative or electronic format. The
bill permits an institution of higher education to create an alternative format of
instructional material for which a request has been made if any of the following
apply:
1. The publisher provides a copy of the instructional material in electronic
format.
2. The publisher grants permission to convert the instructional material into
alternative format.
3. The publisher indicates that the publisher does not intend to provide a copy
of the instructional material in alternative format or electronic format because the
institution of higher education already possesses a copy of the instructional material
in electronic format that is capable of serving as an alternative format or of being
converted in an alternative format.
4. The publisher does not respond to a request within seven days after receipt
of the request as required under the bill or does not fulfill the request within 7 or 14
days after providing notice of its intent as required under the bill.
The bill requires an institution of higher education that has in its possession
a copy of instructional material in alternative format or electronic format that has
been provided by a publisher or an alternative format of instructional material that
has been created by the institution to satisfy all subsequent requests for
instructional material in that format from its own students without requesting the
publisher to provide that material and permits the institution, if requested, to
provide instructional material in that format to another institution of higher
education for use by a student of that other institution. The bill, however, requires
the institution of higher education to provide to the publisher, for each student for
whom the instructional material is provided, the same certification and statement
that is required for an original request.
Nonapplicability of bill. The requirements and prohibitions created in the
bill, however, do not apply to a person that is a member of a nationwide exchange
network that facilitates the delivery of instructional material in alternative format
to students with disabilities, if that material is delivered within seven days after a
request for the material. The bill also does not apply if instructional material in the
particular format needed by a student with a disability is commercially available
from the publisher of the material.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB485, s. 1
1Section
1. 106.57 of the statutes is created to read:
SB485,4,3
2106.57 Postsecondary education; accessible instructional material for
3students with disabilities. (1) Definitions. In this section:
SB485,4,84
(a) "Alternative format" means Braille, large print texts, audio recordings
5created with the use of text-to-speech technology, electronic formats used with
6screen reader devices or other assistive technology, or digital talking books that are
7required by a student with a disability to make instructional material accessible to
8the student.
SB485,4,129
(b) "Electronic format" means a computer file or other digital medium
10embodying instructional material that can be made into an alternative format or
11that is capable of serving as an alternative format, if used with a screen reader device
12or other assistive technology.
SB485,5,4
1(c) "Institution of higher education" means an institution or college campus
2within the University of Wisconsin System, a technical college within the technical
3college system, or a private, nonprofit institution of higher education that is a
4member of the Wisconsin Association of Independent Colleges and Universities.
SB485,5,105
(d) "Instructional material" means a textbook or other material written and
6published in print format primarily for use by students in postsecondary instruction
7that is required or essential to the success of a student with a disability in a course
8of study in which the student is enrolled, as determined by the instructor of the
9course in consultation with the person specified in sub. (2) (b) who requests that
10material in alternative format or electronic format under sub. (2) (a).
SB485,5,1711
(e) "Maintain the structural integrity" means to include all of the information
12provided in the original instructional material, including the text of sidebars; the
13table of contents; chapter headings and subheadings; footnotes; indexes; glossaries;
14bibliographies; nontextual elements, such as pictures, illustrations, graphs, charts,
15and screenshots; and any other data that are pertinent to the instructional material,
16when that original instructional material is provided in alternative format or
17electronic format.
SB485,5,2418
(f) "Publisher" means a person that is in the business, whether for profit or not
19for profit, of selling instructional material in which the person owns or controls some
20or all of the copyright. "Publisher" does not include a person that is a member of a
21nationwide exchange network that facilitates and supports the delivery of
22instructional material in alternative format to students with disabilities, if that
23material is delivered to those students through that network within 7 working days
24after a request for that material is made.
SB485,6,5
1(g) "Student with a disability" means a student enrolled in an institution of
2higher education who is blind or visually impaired, or who has a specific learning
3disability or other physical condition that prevents the student from using
4instructional material in standard print format, and who needs reasonable
5accommodations to read.
SB485,6,66
(h) "Writing" includes facsimile transmission or electronic mail.
SB485,6,15
7(2) Request for instructional material in alternative or electronic format.
8(a) Except as provided in this paragraph, an institution of higher education, on
9behalf of a student with a disability, may request a publisher to provide instructional
10material in alternative format or electronic format by submitting to the publisher a
11request that complies with par. (b) and with any additional requirement imposed by
12the publisher under par. (c). An institution of higher education may not request a
13publisher to provide instructional material under this paragraph if the instructional
14material in the particular format needed by the student is commercially available
15from the publisher of the material.
SB485,6,2416
(b) A request under par. (a) for instructional material in alternative format or
17electronic format shall be prepared and signed by the coordinator of services for
18students with disabilities at the institution of higher education or by another
19employee of the institution of higher education who is responsible for providing
20services or accommodations for students with disabilities or for monitoring
21compliance with the federal Americans with Disabilities Act,
42 USC 12101 to
12213,
22or the federal Rehabilitation Act of 1973,
29 USC 701 to
796L, on behalf of the
23institution of higher education, shall provide notice to the publisher of the
24publisher's duties under this section, and shall certify all of the following:
SB485,7,8
11. That a copy of the instructional material in standard format has been
2purchased for use by a student with a disability by the student or by the institution
3of higher education in which the student is enrolled. The institution of higher
4education shall keep records sufficient to verify that a separate copy of instructional
5material in standard format has been purchased for each student with a disability
6for whom instructional material in alternative format or electronic format is
7requested under par. (a), and a publisher has the right to inspect, or receive copies
8of, those records that relate to instructional material published by the publisher.
SB485,7,99
2. That the student is a student with a disability.
SB485,7,1210
3. That the instructional material is for use by the student with a disability in
11connection with a course at the institution of higher education in which the student
12is enrolled.
SB485,7,1713
4. Whether the institution of higher education has in its possession a copy of
14the instructional material in electronic format and, if so, whether that copy is
15capable, if used with assistive technology, of serving as an alternative format suitable
16for the needs of the student with a disability or of being converted, using generally
17available technology, into the particular alternative format needed by the student.
SB485,7,2018
(c) A publisher may require a request under par. (a) to also be accompanied by
19a statement signed by the student or, if the student is a minor, the student's parent,
20guardian, or legal custodian agreeing to all of the following:
SB485,7,2221
1. That the student will use the instructional material in alternative format
22solely for his or her own educational purposes.
SB485,7,2423
2. That the student will not copy or distribute the instructional material in
24alternative format for use by others.
SB485,8,4
1(3) Provision of instructional material in alternative or electronic format.
2(a) In response to a request under sub. (2) (a), on behalf of a student with a disability,
3for instructional material in alternative format or electronic format, a publisher
4shall do one of the following:
SB485,8,65
1. Provide to the requester a copy of the instructional material in alternative
6format by delivering a computer disk or file.
SB485,8,97
2. Provide to the requester access to the instructional material in alternative
8format by providing an Internet password or by providing that access in any other
9appropriate matter.
SB485,8,1110
3. Provide to the requester a copy of the instructional material in electronic
11format.
SB485,8,1412
4. At its option, grant to the institution of higher education permission to
13convert the instructional material into the particular alternative format needed by
14the student with a disability.
SB485,8,1815
5. If the publisher believes that it is unable to act under subd. 1. to 4. because
16the publisher does not own or control some or all of the copyright in the instructional
17material, provide to the requester the name of the person that, to the best of the
18publisher's knowledge, is able to fulfill the request.
SB485,8,2119
(b) Within 7 days after receipt of a request under sub. (2) (a), a publisher shall
20respond to the request by providing to the requester one of the following notices in
21writing:
SB485,8,2322
1. A notice advising the requester as to which of the actions under par. (a) 1.
23to 3. the publisher intends to take.
SB485,9,624
2. If the request indicates that the institution of higher education has in its
25possession a copy of the instructional material in electronic format and that the copy
1is capable of serving as an alternative format suitable for the needs of the student
2with a disability or of being converted into the particular alternative format needed
3by the student, a notice advising the requester that the publisher intends to take
4none of the actions under par. (a) 1. to 3. If this subdivision applies, the publisher
5may grant permission to convert the instructional material into alternative format
6as provided in par. (a) 4.
SB485,9,127
3. If the publisher does not possess a copy of the instructional material in
8alternative format or electronic format or if the publisher does not possess technology
9that will maintain the structural integrity of the instructional material, a notice
10advising the requester that the publisher intends to take none of the actions under
11par. (a) 1. to 3. If this subdivision applies, the publisher may grant permission to
12convert the instructional material into alternative format as provided in par. (a) 4.
SB485,9,1613
4. If the publisher believes that it is unable to act under par. (a) 1. to 4. because
14the publisher does not own or control some or all of the copyright in the instructional
15material, notice of the name of the person that, to the best of the publisher's
16knowledge, is able to fulfill the request.