1995 US Code
Title 20 - EDUCATION
CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES
Sec. 1452 - Captioned films, television, descriptive video, and educational media for individuals with disabilities

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§1452. Captioned films, television, descriptive video, and educational media for individuals with disabilities (a) Establishment of loan service

The Secretary shall establish a loan service of captioned films, descriptive video, and educational media for the purpose of making such materials available, in accordance with regulations, in the United States for nonprofit purposes to individuals with disabilities, parents of individuals with disabilities, and other individuals directly involved in activities for the advancement of individuals with disabilities, including for the purpose of addressing problems of illiteracy among individuals with disabilities.

(b) Authority of Secretary

The Secretary is authorized to—

(1) acquire films (or rights thereto) and other educational media by purchase, lease, or gift;

(2) acquire by lease or purchase equipment necessary for the administration of this subchapter;

(3) provide, by grant or contract, for the captioning for deaf and hard of hearing individuals and video description for the visually impaired, of films, television programs, and video materials;

(4) provide, by grant or contract, for the distribution of captioned and video-described films, video materials, and other educational media and equipment through State schools for individuals with disabilities, public libraries, and such other agencies or entities as the Secretary may deem appropriate to serve as local or regional centers for such distribution;

(5) provide, by grant or contract, for the conduct of research in the use of educational and training films and other educational media for individuals with disabilities, for the production and distribution of educational and training films and other educational media for individuals with disabilities and the training of individuals in the use of such films and media, including the payment to those individuals of such stipends (including allowances for travel and other expenses of such individuals and their dependents) as the Secretary may determine, which shall be consistent with prevailing practices under comparable federally supported programs;

(6) utilize the facilities and services of other governmental agencies;

(7) accept gifts, contributions, and voluntary and uncompensated services of individuals and organizations; and

(8) provide by grant or contract for educational media and materials for deaf and hard of hearing individuals.

(c) National Theatre of the Deaf; other non-profit organizations

The Secretary may make grants to or enter into contracts or cooperative agreements with the National Theatre of the Deaf, Inc. and other appropriate non-profit organizations for the purpose of providing cultural experiences to—

(1) enrich the lives of deaf and hard of hearing children and adults,

(2) increase public awareness and understanding of deafness and of the artistic and intellectual achievements of deaf and hard of hearing individuals, and

(3) promote the integration of hearing and deaf and hard of hearing individuals through shared cultural, educational, and social experiences.

(d) Transcribed tapes and cassettes

(1) The Secretary is authorized to make a grant or enter into a contract for the purpose of providing current, free textbooks and other educational publications and materials to blind and other print-handicapped students in elementary, secondary, postsecondary, and graduate schools and other institutions of higher education through the medium of transcribed tapes and cassettes.

(2) For the purpose of this subsection, the term “print-handicapped” refers to any individual who is blind or severely visually impaired, or who, by reason of a physical or perceptual disability, is unable to read printed material unassisted.

(Pub. L. 91–230, title VI, §652, Apr. 13, 1970, 84 Stat. 186; Pub. L. 93–380, title VI, §620(1), Aug. 21, 1974, 88 Stat. 585; Pub. L. 94–482, title V, §501(h), Oct. 12, 1976, 90 Stat. 2237; Pub. L. 98–199, §3(b), Dec. 2, 1983, 97 Stat. 1358; Pub. L. 99–457, title III, §315, Oct. 8, 1986, 100 Stat. 1171; Pub. L. 100–630, title I, §106(c), Nov. 7, 1988, 102 Stat. 3300; Pub. L. 101–476, title VI, §602, title IX, §901(b)(151), (152), Oct. 30, 1990, 104 Stat. 1139, 1149; Pub. L. 102–119, §25(b), Oct. 7, 1991, 105 Stat. 607.)

Amendments

1991—Pub. L. 102–119 amended directory language of Pub. L. 101–476, §901(b). See 1990 Amendment note below.

1990—Pub. L. 101–476, §901(b), was amended in its directory language by Pub. L. 102–119, requiring no change in text.

Pub. L. 101–476, §602(1), inserted references to television and descriptive video, in section catchline.

Subsec. (a). Pub. L. 101–476, §901(b)(151), substituted “individuals with disabilities” for “handicapped individuals” in four places.

Pub. L. 101–476, §602(2), inserted “, descriptive video,” after “films”.

Subsec. (b)(3). Pub. L. 101–476, §602(3)(A), substituted “captioning for deaf and hard of hearing individuals and video description for the visually impaired, of films, television programs, and video materials” for “captioning of films”.

Subsec. (b)(4). Pub. L. 101–476, §602(3)(B), substituted “captioned and video-described films, video materials,” for “captioned films” and inserted “or entities” after “agencies”.

Subsec. (b)(5). Pub. L. 101–476, §901(b)(152), substituted “individuals with disabilities” for “handicapped individuals” in two places.

Subsec. (b)(8). Pub. L. 101–476, §603(3)(C), inserted “and hard of hearing” after “deaf”.

Subsec. (c). Pub. L. 101–476, §602(4)–(7), inserted “and other appropriate non-profit organizations” after “Inc.” and substituted “cultural” for “theatrical” in introductory provisions, inserted “and hard of hearing” after “deaf” in pars. (1) and (2), and inserted “and hard of hearing” after “deaf” and “, educational, and social” after “cultural” in par. (3).

Subsec. (d). Pub. L. 101–476, §602(8), added subsec. (d).

1988—Pub. L. 100–630, §106(c)(1), substituted “individuals” for “persons” in section catchline.

Subsec. (a). Pub. L. 100–630, §106(c)(2), (3), substituted “individuals” for “persons” in three places and “handicapped individuals” for “the handicapped” in two places.

Subsec. (b)(2). Pub. L. 100–630, §106(c)(4), substituted “purchase” for “purchased” and “necessary for” for “necessary to”.

Subsec. (b)(4). Pub. L. 100–630, §106(c)(3), substituted “handicapped individuals” for “the handicapped”.

Subsec. (b)(5). Pub. L. 100–630, §106(c)(2), (3), (5), substituted “handicapped individuals” for “the handicapped” in two places, “individuals” for “persons” in three places, and “the Secretary” for “he”.

Subsec. (b)(6). Pub. L. 100–630, §106(c)(6), struck out “and” after “agencies;”.

Subsec. (b)(8). Pub. L. 100–630, §106(c)(7), substituted “deaf individuals” for “the deaf”.

Subsec. (c)(2), (3). Pub. L. 100–630, §106(c)(8), substituted “deaf individuals” for “deaf people”.

1986—Subsec. (a). Pub. L. 99–457, §315(a), inserted “, in accordance with regulations,” after “available” and substituted “, including for the purpose of addressing problems of illiteracy among the handicapped” for “in accordance with regulations” at end.

Subsec. (b)(4). Pub. L. 99–457, §315(b)(1), inserted “, public libraries,” after “handicapped”.

Subsec. (b)(8). Pub. L. 99–457, §315(b)(2), added par. (8).

Subsec. (c). Pub. L. 99–457, §315(c), added subsec. (c).

1983—Pub. L. 98–199 substituted “Secretary” for “Commissioner” wherever appearing.

1976—Subsec. (b)(3) to (5). Pub. L. 94–482 substituted “grant or contract” for “grant and contract” wherever appearing.

1974—Subsec. (b)(3) to (5). Pub. L. 93–380 inserted “, by grant and contract,” after “provide”.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101–476, set out as a note under section 1087ee of this title.

Effective Date of 1983 Amendment

Amendment by Pub. L. 98–199 effective Dec. 2, 1983, see section 18 of Pub. L. 98–199, set out as a note under section 1401 of this title.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–482 effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, for those amendments providing for authorization of appropriations, see section 532 of Pub. L. 94–482, set out as a note under section 1001 of this title.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–380 effective on and after sixtieth day after Aug. 21, 1974, see section 2(c) of Pub. L. 93–380, set out as an Effective Date note under section 1221–1 of this title.

National Clearinghouse for Postsecondary Education Materials

Pub. L. 102–325, title XV, §1521, July 23, 1992, 106 Stat. 833, provided that:

“(a) Purpose.—The purpose of this section is to coordinate the production and distribution of educational materials in an accessible form, especially audio and digital text production, to college and university based print-disabled populations.

“(b) Program Authority.—

“(1) In general.—The Secretary of Education is authorized to award a grant or contract to pay the Federal share of the cost of establishing a National Clearinghouse for Postsecondary Education Materials (hereafter in this part referred to as the ‘Clearinghouse’) to coordinate the production and distribution of educational materials, in an accessible form, including audio and digital, for students with disabilities.

“(2) Award basis.—The grant or contract awarded pursuant to paragraph (1) shall be made on a competitive basis.

“(3) Duration.—The grant or contract awarded under this section shall be awarded for a period of 3 years.

“(c) Use of Funds.—The grant or contract awarded under this section shall be used to—

“(1) catalog in computer-readable form postsecondary education materials;

“(2) identify college campus-based services producing taped texts whose technical and reader quality make them eligible for inclusion in the Clearinghouse and share its quality control standards with campus-based student support services offices serving students with disabilities;

“(3) promote data conversion and programming to allow the electronic exchange of bibliographic information between existing on line systems;

“(4) encourage outreach efforts that will educate print-disabled individuals, as defined by section 652(d)(2) of the Individuals With Disabilities Education Act [20 U.S.C. 1452(d)(2)], educators, schools, and agencies about the Clearinghouse's activities;

“(5) upgrade existing computer systems at the Clearinghouse;

“(6) coordinate with identifiable and existing data bases containing postsecondary education materials, including the programs authorized under section 652(d) of the Individuals With Disabilities [Education] Act; and

“(7) develop and share national guidelines and standards for the production of audio and digital text materials.

“(d) Federal Share Limitation.—The Federal share under this section may not be more than—

“(1) 80 percent of the total cost of the program in the first year;

“(2) 60 percent of the total cost of the program in the second year; and

“(3) 50 percent of the total cost of the program in the third year.

“(e) Authorization of Appropriations.—There are authorized to be appropriated for the purpose of this section, ,000,000 for fiscal year 1993 and such sums as may be necessary for each of the fiscal years 1994 and 1995.”

Section Referred to in Other Sections

This section is referred to in section 1454 of this title.