KRS 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.

(1) 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 im ages 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.

(2) The purpose of this section shall be to ensure, 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 wh o 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 for mats that are appropriate to their disability and

educational needs.

(3) Notwithstanding any other statute to the contrary, the Department of Education shall

give preferential procurement status to textbook and instructional materials from

publishers who m ake 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 Pri nting 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 ma y assign additional procurement

preferences designed to ensure that students with disabilities have access to

appropriate alternative formats to meet their needs.

(4) 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

electronic versions of the printed textbooks and instructional materials in formats

comparable to the printe d 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 technolo gy." Legacy materials shall be exempt

from the criteria for this preference. These files shall be provided to the Department

of Education and shall be provided at the same time and in composition and form

comparable with the printed version and include cor rections and revisions as may

be necessary to ensure 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 p rovide appropriate

alternative formats to meet the needs of students with disabilities.

(5) 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 t o 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, di gital text, and digital talking books, which produce accessible format

materials based on selection and scheduling needs.

(6) Nothing in this section shall in any way lessen the obligation of the public schools

to provide for the instruction of blind stude nts 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.