2014 Kentucky Revised Statutes CHAPTER 156 - DEPARTMENT OF EDUCATION 156.027 Preferential procurement status for publishers who supply materials in alternative formats for students with disabilities -- Electronic versions of text that are compatible with Braille translation and speech synthesis software -- Digital files.
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156.027 Preferential procurement status for publishers who supply materials
in alternative formats for students with disabilities -- Electronic versions
of text that are compatible with Braille translation and speech synthesis
software -- Digital files.
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The following definitions shall apply to this section:
(a) "Alternative format" means any medium or format for the presentation of
instructional materials that is needed by a student with an individualized
education program or Section 504 Plan for a reading accommodation
other than standard print, including but not limited to Braille, large print,
audio recordings, digital text, and digital talking books;
(b) "Braille," "individualized education program," and "blind students" have
the same meaning as defined under KRS 158.281;
(c) "Comparable version" denotes that all elements of the print version are
present in the electronic version, including graphics with ALT tags though
not necessarily in the same order or format;
(d) "Legacy materials" means images and graphics requiring release and
permission from another source other than the publisher; and
(e) "Section 504 Plan" means a written statement developed for a student
with a disability that includes the provision of regular or special education
and related aids and services designed to meet individual educational
needs in accordance with the federal regulations issued under 34 C.F.R.
sec. 104.33.
The purpose of this section shall be to assure, to the extent feasible, that all
students with disabilities in the public schools kindergarten through grade
twelve (12) who require reading accommodations in accordance with an
individualized education program or Section 504 Plan, including but not limited
to students who are blind, visually impaired, or who have a specific learning
disability as defined in KRS 157.200 or other disability affecting reading, shall
have access to textbooks and instructional materials as defined by
administrative regulations of the Kentucky Board of Education in alternative
formats that are appropriate to their disability and educational needs.
Notwithstanding any other statute to the contrary, the Department of Education
shall give preferential procurement status to textbook and instructional
materials from publishers who make their materials available in alternative
formats for use by students with disabilities, or who can verify that an
accessible format textbook or instructional material is currently available from
or is in the process of being created by the American Printing House for the
Blind, Recording for the Blind and Dyslexic, or another authorized entity, as
defined under 17 U.S.C. sec. 121 and who commonly provide alternative
format materials for use by students in Kentucky schools. The Department of
Education may assign additional procurement preferences designed to ensure
that students with disabilities have access to appropriate alternative formats to
meet their needs.
Effective July 1, 2003, the Department of Education shall require to the extent
feasible any publisher of a textbook or program adopted for use in the public
schools in kindergarten through grade twelve (12) to furnish computer files or
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electronic versions of the printed textbooks and instructional materials in
formats comparable to the printed version that are compatible with commonly
used Braille translation and speech synthesis software and include corrections
and revisions as may be necessary to assure clarity in presentation and use.
Navigation within and between files should be reasonably efficient so that the
disabled learner is able to fully utilize the material in a manner that yields the
same result as the print version affords a nondisabled learner. File format shall
be limited to those formats that allow for a comparable version that is readable
with text and screen readers such as HTML, XML, or other formats that meet
the criteria stated in this subsection. For extreme cases where ALT tags are
not feasible, a tag may read, "This item is too complicated to render with
current technology." Legacy materials shall be exempt from the criteria for this
preference. These files shall be provided to the Division of Exceptional
Children Services and shall be provided at the same time and in composition
and form comparable with the printed version and include corrections and
revisions as may be necessary to assure clarity in presentation and use. The
Department of Education may define further requirements regarding additional
characteristics of digital files submitted in compliance with this section as
needed to provide appropriate alternative formats to meet the needs of
students with disabilities.
The Department of Education shall require publishers to make digital files,
together with two (2) copies of the print version, available at no charge upon
request to the American Printing House for the Blind for production of
accessible Braille and other materials and to Recording for the Blind and
Dyslexic or another authorized entity, as defined under 17 U.S.C. sec. 121, for
production of accessible audio media, digital text, and digital talking books,
which produce accessible format materials based on selection and scheduling
needs.
Nothing in this section shall in any way lessen the obligation of the public
schools to provide for the instruction of blind students in the use of Braille in
accordance with KRS 158.282 nor lessen the provision of Braille textbooks for
blind students under KRS 156.476.
Effective:July 15, 2002
History: Created 2002 Ky. Acts ch. 299, sec. 1, effective July 15, 2002.
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