KRS § 164.477 — KY Code / Title XIII / Chapter 164 / Section 164.477
164.477 Kentucky Postsecondary Textbook Accessibility Act
Status: in_force

164.477 Kentucky Postsecondary Textbook Accessibility Act.

(1) As used in this section, unless the context requires otherwise:

(a) "Alternative format" means any medium or format for the presentation of

instructional materials other than standard print needed by a student with

a disability for a reading accommodation, including but not limited to

braille, large print texts, audio recordings, digital texts, and digital talking

books;

(b) "Instructional material" means a textbook or other material published

primarily for use by students in a course of study in which a student with a

disability is enrolled that is required or essential to a student's success, as

determined by the course instructor. "Instructional material" includes

nontextual mathematics and science material to the extent that software

is commercially available to permit the conversion of the electronic file of

the material into a format that is compatible with assistive technologies

such as speech synthesis software or braille translation software

commonly used by students with disabilities;

(c) "Nonprinted instructional material" means instructional material in a

format other than print, including instructional material that requires the

availability of electronic equipment in order to be used as a learning

resource, including but not limited to software programs, videodiscs,

videotapes, and audio tapes;

(d) "Printed instructional material" means instructional material in book or

other printed form;

(e) "Publisher" means an individual, firm, partnership, corporation, or other

entity that publishes or manufactures instructional material used by

students attending a public or independent postsecondary education

institution in Kentucky;

(f) "State Repository for Alternative Format Instructional Materials" or

"repository" means a consortium established or otherwise designated by

the Council on Postsecondary Education under subsection (8) of this

section to serve as a state repository for electronic files or alternative

format instructional materials obtained from publishers, created by

institutions, or received through other means;

(g) "Structural integrity" means the inclusion of all of the information provided

in printed instructional material, including but not limited to the text of the

material sidebars, the table of contents, chapter headings and

subheadings, footnotes, indexes, and glossaries, but need not include

nontextual elements such as pictures, illustrations, graphs, or charts; and

(h) "Working day" means a day that is not Saturday, Sunday, or a national

holiday.

(2) The purpose of this section is to ensure, to the maximum extent possible, that

all postsecondary students with a disability in Kentucky requiring reading

accommodations, in accordance with Section 504 of the Rehabilitation Act, 29

U.S.C. sec. 794, or the Americans with Disabilities Act, 42 U.S.C. secs. 12101

et seq., including but not limited to students who are blind, are visually

impaired, or have a specific learning disability or other disability affecting

reading, shall have access to instructional materials in alternative formats that

are appropriate to their disability and educational needs.

(3) A publisher shall, upon fulfillment of the requirements of subsections (6) and

(7) of this section, provide to a postsecondary education institution or to the

State Repository for Alternative Format Instructional Materials, at no cost:

(a) Printed instructional material in an electronic format; and

(b) Nonprinted instructional material in an electronic format, when the

technology is available to maintain the material's structural integrity.

(4) Instructional material provided by a publisher in electronic format shall:

(a) Maintain the structural integrity of the original instructional material,

except as provided for in paragraph (b) subsection (3) of this section;

(b) Be compatible with commonly used braille translation and speech

synthesis software;

(c) Include corrections and revisions as may be necessary; and

(d) Be in a format that is mutually agreed upon by the publisher and the

requesting institution or the State Repository for Alternative Format

Instructional Materials. If good-faith efforts fail to produce an agreement

as to an electronic format that will preserve the structural integrity of the

instructional material, the publisher shall provide the instructional material

in XML (Extensible Markup Language), utilizing an appropriate

document-type definition suitable for the creation of alternative format

materials, and shall preserve as much of the structural integrity of the

original instructional material as possible.

(5) The publisher shall transmit or otherwise send an electronic format version of

requested instructional material within fifteen (15) working days of receipt of an

appropriately completed request. Should this timetable present an undue

burden for a publisher, the publisher shall submit within the fifteen (15) working

day period a statement to the requesting entity certifying the expected date for

transmission or delivery of the file.

(6) (a) To receive an electronic format version of instructional material, a written

request shall be submitted to the publisher that certifies:

1. The instructional material has been purchased for use by a student

with a disability by the student or the institution the student attends

or is registered to attend;

2. The student has a disability that prevents the student from using the

standard instructional material; and

3. The instructional material is for use by the student in connection

with a course in which he or she is registered or enrolled.

(b) A publisher may also require a statement signed by the student or, if the

student is a minor, the student's parent or legal guardian, agreeing that

the student will:

1. Use the electronic copy of the instructional material solely for his or

her own educational purposes; and

2. Not copy or distribute the instructional material for use by others.

(7) The request for an electronic format version of instructional material shall be

prepared and signed by:

(a) The coordinator of services for students with a disability at the institution;

(b) A representative of the Division of Blind Services within the Office of

Vocational Rehabilitation in the Education and Labor Cabinet;

(c) A representative of the Office of Vocational Rehabilitation; or

(d) A representative of the State Repository for Alternative Format

Instructional Materials.

(8) The Council on Postsecondary Education may, to the extent funds are

available, establish or otherwise designate a consortium to be called the State

Repository for Alternative Format Instructional Materials to serve as a state

repository for electronic files and alternative format materials for the purpose of

facilitating the timely access of appropriate alternative instructional materials by

postsecondary students with a disability.

(9) The Council on Postsecondary Education may promulgate administrative

regulations governing the implementation and administration of this section.

(10) The council shall work with representatives of each postsecondary institution to

develop policies and procedures designed to ensure to the maximum extent

possible that students with disabilities have access to instructional materials in

appropriate alternative formats within the first week of class.

(11) The council, in consultation with appropriate entities, including but not limited to

the Office of Vocational Rehabilitation, the Kentucky Assistive Technology

Service Network, Recording for the Blind and Dyslexic, and the Kentucky

Association on Higher Education and Disability, shall include within its annual

status report on postsecondary education in Kentucky a continuing assessment

of the need for statewide technical assistance, training, and other supports

designed to increase the availability and effective use of alternative format

instructional materials.

(12) The State Repository for Alternative Format Instructional Materials or the

council may receive electronic files and alternative format materials from:

(a) Publishers;

(b) Postsecondary education institutions that have created alternative

materials for use by a student with a disability;

(c) The Kentucky Department of Education, receiving electronic files from

publishers under the requirements of KRS 156.027; or

(d) Other sources.

(13) The repository or the council shall, upon receipt of documents as set forth in

subsection (6) of this section, provide at no cost copies of electronic files and

alternative format materials to:

(a) Postsecondary education institutions in Kentucky; and

(b) The Kentucky Department of Education, to assist in the implementation of

the requirements of KRS 156.027.

(14) The repository shall provide to a publisher, upon request:

(a) A summary of all electronic or alternative format versions of instructional

material from that publisher provided to students, postsecondary

education institutions, and the Kentucky Department of Education from its

holdings; and

(b) Copies of requests and related certification documents received for

instructional materials from that publisher.

(15) The repository or the council may submit requests for electronic files to

publishers on behalf of institutions.

(16) (a) A postsecondary education institution or an educational instructor,

assistant, or tutor may assist a student with a disability by using the

electronic format version of instructional material as provided by this

section solely to transcribe or arrange for the conversion of the

instructional material into an alternative format, or to otherwise assist the

student.

(b) If an alternative format version of instructional material is created, an

institution may, for the purpose of providing the version to other students

with disabilities, share that version with:

1. The repository;

2. A Kentucky postsecondary education institution serving a student

with a disability; and

3. An authorized entity as defined under 17 U.S.C. sec. 121 that

commonly provides alternative format materials for use by students

in Kentucky institutions.

(17) The disk or file of an electronic format version of instructional material used

directly by a student shall be copy-protected, or reasonable precautions shall

be taken by the institution to ensure that the student does not copy or distribute

the electronic format version in violation of the Copyright Revisions Act of

1976, as amended, 17 U.S.C. secs. 101 et seq.

(18) 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. secs. 101 et seq.

(19) Nothing in this section shall absolve covered entities from the obligation to

provide equivalent access to information technology and software as set forth

in KRS 61.982.

(20) A publisher shall be considered a place of public accommodation for the

purposes of KRS 344.130. Failure to comply with the requirements of this

section shall be an unlawful practice of discrimination on the basis of disability

for the purposes of KRS 344.120.