TEACH Act

To direct the Architectural and Transportation Barriers Compliance Board to develop accessibility guidelines for electronic instructional materials and related information technologies in institutions of higher education, and for other purposes. 1. Short title This Act may be cited as the Technology, Equality and Accessibility in College and Higher Education Act TEACH Act 2. Guidelines for accessible electronic instructional materials and related information technologies in institutions of higher education (a) In general Not later than 18 months after the date of enactment of this Act, the Architectural and Transportation Barriers Compliance Board established pursuant to section 502 of the Rehabilitation Act of 1973 ( 29 U.S.C. 792 Access Board (1) include performance criteria to ensure that such materials and technologies are accessible to covered blind individuals and covered individuals with a disability; and (2) be consistent with the standards for technical and functional performance criteria issued pursuant to section 508(a)(2)(A)(ii) of the Rehabilitation Act of 1973 (29 U.S.C. 794d(a)(2)(A)(ii)). (b) Harmonization with national and international standards The Access Board shall, to the extent practicable, ensure that the guidelines issued under subsection (a) are consistent with national and international accessibility standards for electronic instructional materials and related information technologies. (c) Review and amendment Not later than 3 years after the effective date of the guidelines described in subsection (a), and every 3 years thereafter, the Access Board shall review and, as appropriate, amend such guidelines to reflect technological advances or changes in electronic instructional materials and related information technologies. 3. Safe harbor protections Institutions of higher education that use electronic instructional materials and related information technologies that comply with the accessibility guidelines described in section 2 shall be deemed to be in compliance with the non-discrimination provisions in section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 42 U.S.C. 12131 et seq. 4. Noncompliant electronic instructional materials and related information technologies Nothing in this Act shall be construed to require an institution of higher education to use electronic instructional materials or related information technologies that conform to the accessibility guidelines described in section 2 if the institution of higher education provides such materials or technologies, or an accommodation or modification, that would allow covered blind individuals and covered individuals with a disability to receive the educational benefits of such materials or technologies— (1) in an equally effective and equally integrated manner as non-disabled or non-blind students; and (2) with substantially equivalent ease of use of such materials or technologies. 5. Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out section 2 of this Act. 6. Definitions In this Act: (1) Blind individual The term blind individual (2) Covered blind individual and covered individual with a disability The terms covered blind individual covered individual with a disability (3) Disability The term disability (4) Electronic instructional material The term electronic instructional material 20 U.S.C. 1003 (5) Institution of higher education The term institution of higher education (6) Related information technology The term related information technology (A) means any electronic platform or delivery system used by students, faculty, or administrative personnel of an institution of higher education to access electronic instructional materials; and (B) includes any hardware, firmware, software, and applications required for the manipulation, annotation, and dissemination of such electronic instructional materials.

Summary: Technology, Equality and Accessibility in College and Higher Education Act or the TEACH Act - Directs the Access Board to develop accessibility guidelines for electronic instructional materials and related information technologies in institutions of higher education (IHEs). Requires those guidelines to: (1) include performance criteria to ensure that electronic instructional materials and related information technologies are accessible to the blind and disabled; (2) be consistent with the standards for technical and functional performance criteria issued pursuant to the Rehabilitation Act of 1973; and (3) be, to the extent practicable, consistent with national and international accessibility standards for those materials and technologies. Directs the Access Board to review and, as appropriate, amend the guidelines every three years to reflect technological advances or changes in electronic instructional materials and related information technologies. Deems IHEs that use electronic instructional materials and related information technologies that comply with the guidelines to be in compliance with nondiscrimination provisions under the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.