2007 Oregon Code - Chapter 337 :: Chapter 337 - Books and Instructional Materials
Chapter 337 —
Books and Instructional Materials
2007 EDITION
BOOKS AND INSTRUCTIONAL MATERIALS
EDUCATION AND CULTURE
LIST OF TEXTBOOKS AND INSTRUCTIONAL MATERIALS
337.030Â Â Â Â Annual
circular to school textbook publishers
337.035Â Â Â Â Establishment
of guidelines and criteria for review and selection of textbooks and
instructional materials; rules
337.050Â Â Â Â List
of textbooks and instructional materials
337.060Â Â Â Â Submission
of proposals by publishers
337.065Â Â Â Â Publisher
fee
337.075Â Â Â Â Adoption
or rejection of textbooks
337.080Â Â Â Â Report
of textbook and instructional material adoptions
337.090Â Â Â Â Contract
with publisher; terms; security; breach; remedies
337.100Â Â Â Â Circular
of adopted textbooks and instructional materials
337.110Â Â Â Â Selection
of substitute or additional textbooks and instructional materials
DUTIES OF DISTRICT SCHOOL BOARDS AND
337.120Â Â Â Â School
board adoption and use of approved textbooks and instructional materials
337.141Â Â Â Â Textbook
and instructional material adoption and use by school boards
337.150Â Â Â Â School
board and charter school duty to provide textbooks
REQUIRED TEXTBOOKS AND INSTRUCTIONAL
MATERIALS
337.260Â Â Â Â Textbooks
on American history and government
337.275Â Â Â Â Instructional
materials on phonics
SPREAD THE WORD PROGRAM
337.285Â Â Â Â Definitions
for ORS 337.288
337.288Â Â Â Â Spread
the Word Program; purpose; donated books
ANIMAL DISSECTION
337.300Â Â Â Â Animal
dissection; refusal by student; alternatives; notification
POST-SECONDARY TEXTBOOKS AND INSTRUCTIONAL
MATERIALS
(Generally)
337.500Â Â Â Â Definitions
for ORS 337.500 to 337.506
337.503Â Â Â Â Publisher
of college textbooks; duties
337.506Â Â Â Â Textbook
bundling; disclosure of information
(Instructional Materials in Alternative
Formats)
337.511Â Â Â Â Definitions
for ORS 337.511 to 337.524
337.514Â Â Â Â Purpose
337.517Â Â Â Â Instructional
material in electronic format; request; requirements; transmittal
337.521Â Â Â Â State
Board of Higher Education powers and duties; statewide guidelines
337.524Â Â Â Â Exceptions
to requirement to provide electronic format
     337.010 [Repealed by 1965 c.100 §248 (337.011 enacted in lieu of 337.010)]
     337.011 [1965 c.100 §249 (enacted in lieu of
337.010); 1975 c.754 §1; repealed by 1995 c.111 §2]
     337.020 [Amended by 1953 c.526 §1; 1965 c.100 §250;
1969 c.314 §22; repealed by 1995 c.111 §2]
LIST OF
TEXTBOOKS AND INSTRUCTIONAL MATERIALS
     337.030
Annual circular to school textbook publishers. The Superintendent of Public Instruction
shall, under the direction of the State Board of Education, mail a copy of a
circular to all the leading school textbook publishers in the
     (1) The name and post-office address of
the State Board of Education.
     (2) The time and place of meeting of the
board to review and adopt textbooks.
     (3) The general form of the proposal to be
followed by publishers in submitting textbooks for review and adoption.
     (4) The general form of contract to be
entered into between the board and a publisher whose textbooks may be adopted.
     (5) The branches of study for which
textbooks are to be adopted.
     (6) The statutory provisions relating to
the review and adoption of textbooks.
     (7) Such additional information as may be
considered useful. [Amended by 1965 c.100 §251; 1975 c.754 §5; 1991 c.886 §3]
     337.035
Establishment of guidelines and criteria for review and selection of textbooks
and instructional materials; rules. The State Board of Education by rule shall establish guidelines and
criteria for the review and selection of textbooks and other instructional
materials to be placed on the list adopted under ORS 337.050. [1975 c.754 §3;
2001 c.461 §1]
     337.040 [Amended by 1953 c.526 §2; 1955 c.406 §1;
1965 c.100 §252; 1975 c.754 §6; repealed by 1995 c.111 §2]
     337.050
List of textbooks and instructional materials. (1) The State Board of Education shall
review and adopt, for periods established by the board, a list of textbooks and
other instructional materials for use by school districts. The list shall
contain, whenever possible:
     (a) More than one textbook selection for
each grade and subject field in the standard curriculum for which, in its
judgment, textbooks are required; and
     (b) More than one instructional material
selection for each grade and subject field in the standard curriculum for
which, in its judgment, instructional materials are required.
     (2) The State Board of Education shall
consider the best educational interests of the students as well as the most
economical method of purchasing textbooks and instructional materials in
setting periods for textbook and instructional material review and adoption.
     (3) The board shall refrain from adopting
any textbook or instructional material in a subject field whenever it finds
that no textbook or instructional material can be documented as meeting, to the
degree determined by the board, the guidelines and criteria established by the
board for textbooks and instructional materials.
     (4) The board may approve the request of a
publisher to substitute a more recent edition of any officially adopted
textbook or item of instructional material in lieu of the edition or item
adopted by the board. [Amended by 1953 c.121 §3; 1953 c.526 §3; 1955 c.406 §2;
1965 c.100 §253; 1967 c.370 §1; 1975 c.754 §7; 1983 c.300 §1; 1991 c.886 §4;
1997 c.115 §1; 2001 c.461 §2]
     337.055 [1975 c.754 §4; repealed by 1995 c.111 §2]
     337.060
Submission of proposals by publishers. (1) The proposals of each publisher shall be submitted to the
Department of Education in writing and shall be responsive to the requirements
of ORS 337.030 (3) and (4), and such other information relating to the terms
and conditions under which the publisher proposes to furnish textbooks as the
State Board of Education may require.
     (2) In addition to the material required
under subsection (1) of this section, the proposal shall include documentation
and analysis on each textbook showing how it conforms to the guidelines and
criteria adopted by the State Board of Education for the review and adoption of
textbooks. [Amended by 1965 c.100 §254; 1975 c.754 §8; 1991 c.886 §5]
     337.065
Publisher fee. (1) The
Department of Education shall collect from each publisher or other supplier who
submits a proposal under ORS 337.060 a fee equal to the retail price, or $50,
whichever is the greater, for each textbook title or item of instructional
material proposed by the publisher or supplier for review and adoption by the
board. Fees are payable prior to consideration of the proposal.
     (2) The moneys received under subsection
(1) of this section shall be paid into the State Treasury and placed to the
credit of the Department of Education. The moneys are continuously appropriated
to meet expenses incurred under ORS 337.030 to 337.260. [1967 c.370 §§2,3; 1975
c.754 §9; 1991 c.886 §6]
     337.070 [Repealed by 1965 c.100 §456]
     337.075
Adoption or rejection of textbooks. (1) The State Board of Education may adopt or reject any textbook
contained in any proposal. If the terms and conditions for furnishing a
textbook in all proposals relating to that textbook are considered by the board
to be unreasonable or the textbook is considered to be unsuitable pursuant to
guidelines and criteria established by the board, the board may reject the
textbook.
     (2) At the same or subsequent sessions,
the board may receive new proposals for a textbook previously rejected and
adopt the textbook in the same manner as other textbooks are required to be
adopted. No proposal shall be considered unless the publisher has delivered
without charge two copies of each textbook contained in the proposal to the
Department of Education at least 60 days before the meeting. [1965 c.100 §255;
1975 c.754 §10; 1991 c.886 §7]
     337.080
Report of textbook and instructional material adoptions. The State Board of Education shall
immediately report to the public the textbooks and instructional materials that
have been adopted and placed on the list under ORS 337.050. The report shall be
signed by the chairperson of the board. [Amended by 1965 c.100 §256; 1975 c.754
§11; 1991 c.886 §8; 2001 c.461 §3]
     337.090
Contract with publisher; terms; security; breach; remedies. (1) The State Board of Education, as soon as
practicable, shall enter into a written contract with each publisher the
textbook of which has been adopted. The contract shall require the publisher to
maintain at least one depository to be designated by the board, where such
textbooks may be purchased and to furnish such textbooks according to law and
the conditions named in the proposal.
     (2) The board shall take from each
publisher entering into a contract a good and sufficient bond, or an
irrevocable letter of credit issued by an insured institution, as defined in
ORS 706.008, in such sum as stipulated damages as the board may determine,
payable to the State of Oregon for the benefit of the Common School Fund,
executed by the publisher as obligor together with a surety company authorized
to do business in this state as surety and approved by the board, for the full
and faithful performance of the contract.
     (3) If any publisher fails to carry out
the provisions of the contract on the part of the publisher, or, with intent to
evade the provisions of the contract, sells any of the textbooks in this state
at prices higher than specified in the contract of the publisher, the board
may, on behalf of the state, rescind the contract and notify the publisher
thereof, or bring the appropriate action or suit to enforce the provisions of
the publisher’s bond or letter of credit. [Amended by 1965 c.100 §257; 1975
c.754 §12; 1991 c.331 §57; 1991 c.886 §9; 1997 c.631 §463]
     337.100
Circular of adopted textbooks and instructional materials. The Superintendent of Public Instruction
shall, under the direction of the State Board of Education, issue a circular
giving the full title of each textbook and a description of the instructional
materials adopted by the board and placed on the list under ORS 337.050. The
circular may include such other information as the board may consider useful. [Amended
by 1965 c.100 §258; 1975 c.754 §13; 1991 c.886 §10; 2001 c.461 §4]
     337.110
Selection of substitute or additional textbooks and instructional materials. If at any time during the period for which a
textbook or other instructional material is on the approved list adopted under
ORS 337.050, it becomes necessary for the State Board of Education to adopt any
textbook or other instructional material instead of those regularly adopted,
the chairperson of the board may call a special session of the board. It may,
upon convening, adopt such textbook or other instructional material in the same
manner as other textbooks or other instructional materials are required to be
adopted; except the Superintendent of Public Instruction need not in such case
cause circulars described in ORS 337.030 to be sent to publishers. [Amended by
1965 c.100 §259; 1967 c.99 §1; 1975 c.754 §14; 1991 c.886 §11; 1997 c.115 §2;
2001 c.461 §5]
DUTIES OF
DISTRICT SCHOOL BOARDS AND
     337.120
School board adoption and use of approved textbooks and instructional
materials. (1) Except as
otherwise provided by ORS 337.141, the district school board, with the
assistance of teachers and administrators of the district, shall adopt
textbooks and other instructional materials for each grade and subject field
for which instruction is provided by the district school board from the
approved list. The district school board shall involve parents and citizens in
the process.
     (2) The district school board shall cause
the books or materials, according to titles, so adopted to be used in its
schools at the beginning of the next school year following the state adoption,
except when, pursuant to rules of the State Board of Education, the district
school board is authorized by the Superintendent of Public Instruction to
postpone such use for a reasonable period of time. [Amended by 1953 c.121 §3;
1965 c.100 §260; 1967 c.100 §1; 1975 c.754 §15; 1989 c.491 §27; 1991 c.886 §12;
1997 c.115 §3]
     337.130 [Repealed by 1965 c.100 §456]
     337.140 [Repealed by 1965 c.100 §261 (337.141
enacted in lieu of 337.140)]
     337.141
Textbook and instructional material adoption and use by school boards. Upon prior notice to the State Board of
Education, the district school board of any school district may adopt and use
textbooks or other instructional materials in place of or in addition to those
adopted by the State Board of Education provided they meet the guidelines and
criteria established by the State Board of Education. [1965 c.100 §262 (enacted
in lieu of 337.140); 1975 c.754 §16; 1979 c.273 §2; 1991 c.886 §13; 2001 c.461 §6]
     337.150
School board and charter school duty to provide textbooks. (1) Subject to ORS 339.155, each district
school board shall provide textbooks, prescribed or authorized by law, for free
use by all resident public school pupils enrolled in kindergarten through grade
12.
     (2) Subject to ORS 339.155, each public
charter school as defined in ORS 338.005 shall provide textbooks, prescribed or
authorized by law, for free use by all pupils enrolled in the public charter
school. [Amended by 1955 c.486 §2; 1957 c.272 §1; 1965 c.100 §263; 1965 c.272 §1;
1979 c.273 §1; 1989 c.130 §1; 1993 c.45 §303; 1999 c.200 §30]
     337.160 [Amended by 1965 c.100 §264; repealed by
1965 c.272 §2]
     337.170 [Repealed by 1965 c.100 §456]
     337.180 [Repealed by 1965 c.100 §456]
     337.190 [Repealed by 1965 c.100 §456]
     337.200 [Amended by 1955 c.486 §3; repealed by 1965 c.100
§456]
     337.210 [Repealed by 1965 c.100 §456]
     337.220 [Repealed by 1965 c.100 §456]
     337.230 [Repealed by 1965 c.100 §456]
     337.240 [Repealed by 1965 c.100 §456]
     337.250 [Repealed by 1965 c.100 §456]
REQUIRED
TEXTBOOKS AND INSTRUCTIONAL MATERIALS
     337.260
Textbooks on American history and government. Every district school board, the State Board of Education and every
committee or officer responsible for the adoption of textbooks for use in the
public schools shall adopt textbooks on American history and government which
adequately stress the services rendered by those who achieved our national
independence, who established our form of constitutional government and who
preserved our federal union. Respect for all people, regardless of race, color,
creed, national origin, age, sex, or disability, and their contributions to our
history and system of government shall be reflected in the textbooks adopted by
the State Board of Education. [Amended by 1965 c.100 §265; 1975 c.754 §17; 1985
c.388 §2; 1985 c.709 §3; 1991 c.886 §14; 1993 c.45 §§304,305]
     337.270 [Repealed by 1965 c.100 §456]
     337.275
Instructional materials on phonics. (1) The State Board of Education shall include instructional materials
on explicit phonics with decodable text on the statewide list of instructional
materials adopted for inclusion in the reading instruction programs for
kindergarten through grade two.
     (2) Each school district shall provide
instructional materials on explicit phonics with decodable text from which
classroom teachers may select for use as part of the reading instruction
program in kindergarten through grade two. [1999 c.265 §1]
SPREAD THE
WORD PROGRAM
     337.285
Definitions for ORS 337.288.
As used in ORS 337.288:
     (1) “Participating school” means a public
school, public charter school or private school that collects donated books
from students, civic groups and members of the community for distribution to
children who have few books at home.
     (2) “Recipient school” means a public
school or public charter school that receives donated books for distribution to
students attending the school. [2001 c.271 §1]
     337.288
Spread the Word Program; purpose; donated books. (1) There is created the Spread the Word
Program in the Department of Education. The purpose of the program is to
provide books to elementary school children in kindergarten through grade five
who have few books at home. Under the program, participating schools,
individuals and civic groups may collect childrenÂ’s books that shall be donated
to recipient schools for distribution to eligible children.
     (2) The department shall:
     (a) Establish assessment criteria to
identify children eligible to receive books under the program; and
     (b) Develop an informational brochure on
the program and distribute the brochure to public schools and public charter
schools in this state.
     (3) Participating schools that are not
private schools shall:
     (a) Conduct book drives;
     (b) Review donated books to ensure that
they are appropriate for elementary school children and in satisfactory
condition for distribution;
     (c) Count, sort and pack the books; and
     (d) Contact the school district to report
the approximate number of books to be collected by the school district for
distribution to elementary school children who have few books at home.
     (4) Participating schools that are private
schools and individuals and civic groups may deliver donated books to a
participating school that is a public school or public charter school for
review and collection as provided in subsection (3) of this section.
     (5) School districts shall:
     (a) Collect donated books from
participating schools within the district; and
     (b) Arrange for the donated books to be
transported to the recipient school.
     (6) A recipient school shall distribute
books to those children identified as eligible under criteria developed by the
department under subsection (2) of this section.
     (7) Records of children who receive books
pursuant to this section are not public records. [2001 c.271 §2; 2005 c.209 §25]
ANIMAL
DISSECTION
     337.300
Animal dissection; refusal by student; alternatives; notification. (1) A kindergarten through grade 12 public
school student may refuse to dissect any vertebrate or invertebrate animal or
the parent or legal guardian of a kindergarten through grade 12 public school
student may refuse to allow the student to dissect any vertebrate or
invertebrate animal.
     (2) A school district that includes
dissection as part of its coursework shall permit students to demonstrate
competency in the coursework through alternative materials or methods of
learning that do not include the dissection of animals. These alternative
materials and methods may include but are not limited to:
     (a) Videotapes, DVDs and CD-ROMs;
     (b) Models;
     (c) Films;
     (d) Books;
     (e) Computer programs;
     (f) Clay modeling; and
     (g) Transparencies.
     (3) A kindergarten through grade 12 public
school teacher may not discriminate against a student or lower the grade of a
student for not participating in the dissection of an animal.
     (4) A school district shall notify
students who have dissection as part of their coursework and the parents and
legal guardians of those students about the provisions of this section. [2005
c.460 §1]
POST-SECONDARY
TEXTBOOKS AND INSTRUCTIONAL MATERIALS
(Generally)
     337.500
Definitions for ORS 337.500 to 337.506. As used in ORS 337.500 to 337.506:
     (1) “Adopter” means any faculty member or
academic department or other adopting entity at a higher education institution
responsible for considering and choosing course materials to be utilized in
connection with accredited courses taught at the institution.
     (2) “Higher education institution” means:
     (a) A community college, as defined in ORS
341.005;
     (b) A state institution of higher
education listed in ORS 352.002;
     (c) The
     (d) A private institution of higher
education located in
     (e) A bookstore that serves as the primary
bookstore for an entity listed in paragraphs (a) to (d) of this subsection.
     (3) “Special edition” means a bound book
that does not constitute a traditional textbook and that may or may not be used
for instructional purposes.
     (4)(a) “Textbook bundle” means a textbook
packaged together with other supplemental course materials, including but not
limited to workbooks, study guides, online technologies, online course
resources, CD-ROMs or other books, to be sold as course material for one price.
     (b) “Textbook bundle” does not include a
textbook that is unusable without the supplemental course materials, materials
that cannot be sold separately due to third-party contractual agreements,
custom editions or special editions. [2007 c.582 §1]
     337.503
Publisher of college textbooks; duties. (1) A publisher of college textbooks must provide to prospective
adopters of a particular textbook or set of textbooks in a subject area in
which an instructor is teaching a course:
     (a) A complete list of all the different
versions of the particular textbook or set of textbooks in that particular
subject area and level in which an instructor is teaching a course, that are in
the relevant language, including supplemental items, whether sold together or
separately;
     (b) The year in which each prior edition
of the textbook listed in paragraph (a) of this subsection was published, if
applicable; and
     (c) The price at which the publisher would
make the textbook or set of textbooks listed in paragraph (a) of this
subsection available to adopters and higher education institutions that would
resell the components to students.
     (2) The information described in
subsection (1) of this section may be provided in person, by telephone or
electronically. The information must also be accessible to any member of the
public and made available on the publisherÂ’s website, by telephone or by postal
or electronic mail. [2007 c.582 §2]
     337.506
Textbook bundling; disclosure of information. (1) A publisher of college textbooks that sells textbook bundles shall
offer to prospective adopters and higher education institutions the option of
ordering each component of the textbook bundle separately.
     (2) Any publisher of college textbooks
that sells textbook bundles shall disclose to prospective adopters the
availability of the textbook purchased separately from a textbook bundle and
the price at which the publisher would make the separately purchased textbook
available to the higher education institution. [2007 c.582 §3]
     337.510 [1957 c.642 §1; 1963 c.570 §12; 1965 c.100 §266;
repealed by 1989 c.216 §1]
(Instructional
Materials in Alternative Formats)
     337.511
Definitions for ORS 337.511 to 337.524. As used in ORS 337.511 to 337.524:
     (1) “Alternative format” means any medium
or format for the presentation of instructional materials other than standard
print that is needed by a post-secondary student with a print disability for a
reading accommodation, including but not limited to Braille, large print texts,
audio recordings, digital texts and digital talking books.
     (2) “Electronic format” means a medium or
format containing digital text.
     (3) “Instructional material” means a
textbook or other material if:
     (a) The textbook or other material,
including additional prints or new editions of previously published
instructional material, is published on or after January 1, 2004, and is
published primarily for use by students in a course of study in which a
post-secondary student with a print disability is enrolled;
     (b) The textbook or other material is
required for a studentÂ’s success in the course, as determined by the course
instructor in consultation with the representative making the request for an
electronic format under ORS 337.517 (2);
     (c) The textbook or other material is
required for the course as stated in the course syllabus or other curriculum
documents, or the use of the materials by the student is necessary for the
completion of course assignments that are used to evaluate the student, such as
to determine the studentÂ’s proficiency level or assign a grade; and
     (d) Software is commercially available to
permit the conversion of an electronic file of the textbook or other material
into a format that is compatible with assistive technologies such as speech
synthesis software or Braille translation software.
     (4) “Post-secondary education institution”
means:
     (a) A state institution of higher
education listed in ORS 352.002;
     (b) A community college operated under ORS
chapter 341;
     (c) The
     (d) An Oregon-based, generally accredited
institution of higher education.
     (5) “Print disability” means a disability
that prevents a student from effectively utilizing print material and may
include blindness, other serious visual impairments, specific learning
disabilities or the inability to hold a book.
     (6) “Printed instructional material” means
instructional material in book or other printed form.
     (7) “Publisher” means any person that
publishes or manufactures instructional material used by students attending a
post-secondary education institution.
     (8) “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 tables of
contents, the chapter headings and subheadings, the footnotes, the page
numbers, the indexes and the glossaries.
     (9) “Working day” means a day that is not
a Saturday, Sunday or legal holiday. [2007 c.466 §1]
     337.514
Purpose. The purpose of ORS
337.511 to 337.524 is to ensure, to the maximum extent possible, that all
post-secondary students with print disabilities in Oregon who require reading
accommodations, in accordance with section 504 of the Rehabilitation Act of
1978, 29 U.S.C. 794, or the Americans with Disabilities Act of 1990, 42 U.S.C.
12101 et seq., shall have equal and effective access, in alternative format, to
instructional materials provided by a post-secondary education institution. [2007
c.466 §2]
     337.517
Instructional material in electronic format; request; requirements;
transmittal. (1)(a) A
post-secondary education institution may submit a written request to a publisher
to receive instructional material in an electronic format. In the request, the
institution must certify that:
     (A) The instructional material has been
purchased:
     (i) By a student for use by a student with
a print disability; or
     (ii) By the institution for use by a
student with a print disability who attends or is registered to attend the
institution;
     (B) The student has a print disability
that prevents the student from using the standard instructional material; and
     (C) The instructional material is for use
by the student in connection with a course in which the student is registered
or enrolled.
     (b) A publisher may require a statement
signed by the student or, if the student is an unemancipated minor who is under
18 years of age, by the studentÂ’s parent or legal guardian, agreeing that the
student will:
     (A) Use the copy of the instructional
material in an electronic format solely for the studentÂ’s own educational
purposes; and
     (B) Not copy or distribute the
instructional material in an electronic format for use by other people.
     (2) The request for instructional material
in an electronic format submitted under subsection (1) of this section shall be
prepared and signed by:
     (a) A representative of services for
students with disabilities at the post-secondary education institution;
     (b) A representative of the Commission for
the Blind; or
     (c) A representative of the Department of
Human Services.
     (3)(a) A publisher shall, upon receipt of
a request for instructional material that meets the requirements of subsections
(1) and (2) of this section, provide to the post-secondary education
institution printed instructional material in an electronic format.
     (b) Except as provided in paragraph (c) of
this subsection, the publisher may not charge the post-secondary education
institution for the instructional material.
     (c) The publisher may charge the
post-secondary education institution for the cost of shipping and handling the
instructional material at the ordinary commercial media rates.
     (4) A publisher that provides
instructional material in an electronic format under subsection (3) of this
section shall make every reasonable effort to ensure that the instructional
material:
     (a) Maintains the structural integrity of
the original instructional material;
     (b) Is compatible with commonly used
speech synthesis software and Braille translation software when necessary; and
     (c) Includes corrections and revisions as
may be necessary.
     (5) In addition to the requirements of
subsection (4) of this section, a publisher shall provide instructional
material in an electronic format that is mutually agreed upon by the publisher
and the post-secondary education institution. 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:
     (a) Provide the instructional material in
an electronic format; and
     (b) Preserve as much of the structural
integrity of the original instructional material as possible.
     (6)(a) The publisher shall transmit or
otherwise send the instructional material in an electronic format within 15
working days of receipt of a request that meets the requirements of subsections
(1) and (2) of this section.
     (b) Notwithstanding paragraph (a) of this
subsection, if meeting the time period requirements specified in paragraph (a)
of this subsection is an undue burden on the publisher, the publisher may
submit within the 15 working days a statement to the requesting post-secondary
education institution certifying the expected date for transmission or delivery
of the instructional material in an electronic format and a summary of the
basis of the undue burden. [2007 c.466 §3]
     337.520 [1957 c.642 §2; 1963 c.544 §44; 1965 c.100 §267;
1967 c.67 §7; repealed by 1989 c.216 §1]
     337.521
State Board of Higher Education powers and duties; statewide guidelines. (1) The State Board of Higher Education may
work with publishers, recognized national organizations of publishers,
representatives of post-secondary education institutions, the system described
in ORS 192.517 and other interested parties to:
     (a) Develop unified, statewide guidelines
consistent with ORS 337.511 to 337.524;
     (b) Administer ORS 337.511 to 337.524; and
     (c) Review guidelines annually and revise
the guidelines as necessary due to changes in technology or other changes.
     (2) The guidelines may address the
following:
     (a) The procedures and standards relating
to the distribution of files and materials pursuant to ORS 337.511 to 337.524;
     (b) Available electronic formats;
     (c) Procedures for granting exceptions
when it is determined that a publisher is not able to comply with the
requirements of ORS 337.511 to 337.524 due to technical, economic or other
practical impediments; and
     (d) Other matters deemed necessary or
appropriate to carry out the purposes of ORS 337.511 to 337.524.
     (3) The State Board of Higher Education
shall review the recommendations, published on or after July 1, 2007, of the
Association of American PublishersÂ’ Alternative Formats Solutions Initiative,
and determine whether the recommendations should be incorporated into ORS
337.511 to 337.524. [2007 c.466 §4]
     337.524
Exceptions to requirement to provide electronic format. (1) Nothing in ORS 337.511 to 337.524
authorizes any use of instructional materials, or requires a publisher to
perform any act, that would constitute an infringement of copyright under the
Copyright Act of 1976, 17 U.S.C. 101 et seq.
     (2) Notwithstanding ORS 337.511, 337.514,
337.517 or 337.521, a publisher is not required to provide an electronic format
of the instructional material pursuant to ORS 337.517 if the publisher has
commercially published or manufactured a version of the product that is
accessible to students with print disabilities, or if the publisher has the
capacity and offers to sell an electronic format of the instructional material
directly to the student in a timely manner at the same cost as the commercially
available material.
     (3) Notwithstanding ORS 337.511, 337.514,
337.517 or 337.521, a publisher is not required to provide an electronic format
of the instructional material pursuant to ORS 337.517 if the publisher has not
previously produced a digital version of the fully edited and typeset
instructional material, such as in the case of a work produced through a method
that does not require the creation of a digital file.
     (4) A post-secondary education institution
that has obtained an electronic format from a publisher pursuant to ORS 337.517
may not duplicate the electronic format, or specialized format produced
therefrom, to enable use by one or more additional students, or obtain the
electronic format, or specialized format produced therefrom, from another
institution or particular campus of the institution unless, for each additional
student for whom a specialized format is sought, the campus of the institution
where the additional student is enrolled provides the publisher with a written
request as described in ORS 337.517. [2007 c.466 §5]
     337.530 [1957 c.642 §3; 1963 c.570 §13; 1965 c.100 §268;
repealed by 1989 c.216 §1]
     337.540 [1957 c.642 §§5,6,7; 1963 c.544 §45; 1963
c.570 §14; 1965 c.100 §269; repealed by 1989 c.216 §1]
     337.550 [1957 c.642 §10; 1963 c.570 §15; repealed by
1989 c.216 §1]
     337.560 [1957 c.642 §§8,9(1),(2); 1963 c.544 §46;
1963 c.570 §16; 1965 c.100 §270; repealed by 1989 c.216 §1]
     337.570 [1957 c.642 §9(3); 1963 c.570 §17; repealed
by 1965 c.100 §456]
     337.990 [Repealed by 1965 c.100 §456]
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