HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR
HOUSE BILL 597
49th legislature - STATE OF NEW MEXICO - first session, 2009
AN ACT
RELATING TO INSTRUCTIONAL MATERIALS; ENACTING THE PRINT DISABILITY ACCESS ACT; REQUIRING TEXTBOOKS IN ALTERNATE ACCESSIBLE FORMAT; PROVIDING POWERS AND DUTIES; PROVIDING FOR A PRIVATE RIGHT OF ACTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Print Disability Access Act"."
Section 2. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Print Disability Access Act:
A. "alternate accessible format" means one of several alternatives to traditional print, including compact discs, other aural media, digital talking books or electronic versions of printed instructional materials capable of being used to produce the materials in aural media;
B. "competent authority" means a licensed physician or osteopathic physician who may consult with colleagues in associated disciplines;
C. "educational institution" means a public school or public post-secondary educational institution;
D. "instructional material" means textbooks and other educational media that are used as the basis for instruction, including supplementary material, printed material included in instructional kits and electronic media;
E. "structural integrity" means all of the printed instructional materials, including the text of material, sidebars, table of contents, chapter headings and subheadings, footnotes, glossaries and bibliographies, but not including nontextual elements;
F. "student" means a person certified by a competent authority as having a print disability, including dyslexia, from organic dysfunction that is of sufficient severity to prevent the person from reading printed material in a normal manner, who is accepted, enrolled in or attending an educational institution; and
G. "textbook" means a book, a system of instructional materials or a combination of a book and supplementary instructional material that conveys information to the student or otherwise contributes to the learning process, including electronic textbooks."
Section 3. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] INSTRUCTIONAL MATERIALS.--
A. A publisher that prints instructional materials published on or after July 19, 2006 for students attending educational institutions shall provide, upon request of the institution, any printed instructional materials in an electronic format mutually agreed upon by the publisher and the educational institution.
B. The formats used shall include the nationally recognized standard for conversion of published files to aural and other media established under the federal Individuals with Disabilities Education Improvement Act of 2004.
C. If no nationally recognized standard is appropriate, as determined by the department, publishers shall provide the file in another mutually agreed upon electronic format.
D. The educational institution may use the electronic version of printed instructional materials that is provided pursuant to the Print Disability Access Act to transfer or arrange for the transfer of the printed instructional materials into an alternate accessible format. The educational institution has the right to provide the alternate accessible format copy of the printed instructional materials to students as permitted by applicable federal copyright law.
E. The electronic version of the printed instructional materials shall:
(1) comply with any applicable federal standard;
(2) otherwise maintain the structural integrity of the printed instructional materials; and
(3) include the latest corrections and revisions of the printed instructional materials as necessary.
F. The publisher shall provide the electronic versions of the printed instructional materials to the educational institution at no additional cost and within ten business days after receipt of a written request that does all of the following:
(1) certifies that the educational institution or the student has purchased the printed instructional materials for use by the student;
(2) certifies that the student is unable to use printed instructional materials;
(3) certifies that the printed instructional materials are for use by the student in connection with a course at the educational institution; and
(4) is signed by the:
(a) person responsible for providing educational services pursuant to the federal Individuals with Disabilities Education Act;
(b) coordinator of services for students with disabilities at the educational institution;
(c) person responsible for monitoring the educational institution's compliance with Section 504 of the federal Americans with Disabilities Education Act of 1990 or the federal Rehabilitation Act of 1973; or
(d) vocational rehabilitation counselor responsible for providing services under an individualized plan for employment created pursuant to the federal Rehabilitation Act of 1973.
G. A publisher may require that the request include a statement signed by the educational institution agreeing that:
(1) the electronic copy of the printed instructional materials will be used solely for the purpose of producing material for the student's educational purposes; and
(2) the student or educational institution will not copy, publish or in any other way distribute the instructional materials in any format for use by anyone other than the original student, except that the educational institution may provide those materials to another qualifying student who has signed a statement agreeing to the terms contained in this section and unless it is otherwise permitted by federal law.
H. Nothing in the Print Disability Access Act shall be deemed to authorize any use of instructional materials that would constitute an infringement of copyright pursuant to applicable federal copyright law."
Section 4. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] GUIDELINES.--The department, in consultation with representatives from educational institutions and publishers, shall adopt guidelines consistent with the Print Disability Access Act for the implementation and administration of that act. The guidelines shall address all of the following:
A. the designation of instructional materials deemed required or essential to student success;
B. definitions clarifying what is required to maintain structural integrity and requirements for presentation of visual elements in aural form;
C. requirements for approval and procurement of textbooks that are available in a computer or electronic format and procedures for suspension of publishers from the procurement process if the publisher fails to comply with the provisions of the Print Disability Access Act;
D. an administrative complaint process to be followed for complaints against a publisher;
E. definitions clarifying what constitutes "educational purposes"; and
F. any other matters the department deems necessary or appropriate to carry out the purposes of the Print Disability Access Act."
Section 5. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] PRIVATE RIGHT OF ACTION.--A student who contends that there has been a violation of the Print Disability Access Act has the right to pursue a private right of action in the district court if the student has exhausted the administrative complaint process. Organizations representing the interests of persons who have reading disabilities shall have standing to assert any right afforded in the Print Disability Access Act and shall be subject to the same requirements and terms as a student. Should the student or organization prevail in a lawsuit, the student or organization shall be entitled to injunctive relief and reasonable attorney fees and costs. No other type of monetary damages shall be available."
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