{"data":{"id":"us-ky/krs-156.027","jurisdiction":"us-ky","citation":"KRS 156.027","heading":"Preferential procurement status for publishers who supply materials in","body":"alternative formats for students with disabilities -- Electronic versions of text\nthat are compatible with Braille translation and speech synthesis software --\nDigital files.\n(1) The following definitions shall apply to this section:\n(a) \"Alternative format\" means any medium or format for the presentation of\ninstructional materials that is needed by a student with an individualized\neducation program or Section 504 Plan for a reading accommodation other\nthan standard print, including but not limited to Braille, large print, audio\nrecordings, digital text, and digital talking books;\n(b) \"Braille,\" \"individualized education program,\" and \"blind students\" have the\nsame meaning as defined under KRS 158.281;\n(c) \"Comparable version\" denotes that all elements of the print version are present\nin the electronic version, including graphics with ALT tags though not\nnecessarily in the same order or format;\n(d) \"Legacy materials\" means im ages and graphics requiring release and\npermission from another source other than the publisher; and\n(e) \"Section 504 Plan\" means a written statement developed for a student with a\ndisability that includes the provision of regular or special education and\nrelated aids and services designed to meet individual educational needs in\naccordance with the federal regulations issued under 34 C.F.R. sec. 104.33.\n(2) The purpose of this section shall be to ensure, to the extent feasible, that all students\nwith disabilities in the public schools kindergarten through grade twelve (12) who\nrequire reading accommodations in accordance with an individualized education\nprogram or Section 504 Plan, including but not limited to students who are blind,\nvisually impaired, or wh o have a specific learning disability as defined in KRS\n157.200 or other disability affecting reading, shall have access to textbooks and\ninstructional materials as defined by administrative regulations of the Kentucky\nBoard of Education in alternative for mats that are appropriate to their disability and\neducational needs.\n(3) Notwithstanding any other statute to the contrary, the Department of Education shall\ngive preferential procurement status to textbook and instructional materials from\npublishers who m ake their materials available in alternative formats for use by\nstudents with disabilities, or who can verify that an accessible format textbook or\ninstructional material is currently available from or is in the process of being created\nby the American Pri nting House for the Blind, Recording for the Blind and\nDyslexic, or another authorized entity, as defined under 17 U.S.C. sec. 121 and who\ncommonly provide alternative format materials for use by students in Kentucky\nschools. The Department of Education ma y assign additional procurement\npreferences designed to ensure that students with disabilities have access to\nappropriate alternative formats to meet their needs.\n(4) Effective July 1, 2003, the Department of Education shall require to the extent\nfeasible any publisher of a textbook or program adopted for use in the public\nschools in kindergarten through grade twelve (12) to furnish computer files or\nelectronic versions of the printed textbooks and instructional materials in formats\ncomparable to the printe d version that are compatible with commonly used Braille\ntranslation and speech synthesis software and include corrections and revisions as\nmay be necessary to assure clarity in presentation and use. Navigation within and\nbetween files should be reasonably  efficient so that the disabled learner is able to\nfully utilize the material in a manner that yields the same result as the print version\naffords a nondisabled learner. File format shall be limited to those formats that\nallow for a comparable version that  is readable with text and screen readers such as\nHTML, XML, or other formats that meet the criteria stated in this subsection. For\nextreme cases where ALT tags are not feasible, a tag may read, \"This item is too\ncomplicated to render with current technolo gy.\" Legacy materials shall be exempt\nfrom the criteria for this preference. These files shall be provided to the Department\nof Education and shall be provided at the same time and in composition and form\ncomparable with the printed version and include cor rections and revisions as may\nbe necessary to ensure clarity in presentation and use. The Department of Education\nmay define further requirements regarding additional characteristics of digital files\nsubmitted in compliance with this section as needed to p rovide appropriate\nalternative formats to meet the needs of students with disabilities.\n(5) The Department of Education shall require publishers to make digital files, together\nwith two (2) copies of the print version, available at no charge upon request t o the\nAmerican Printing House for the Blind for production of accessible Braille and\nother materials and to Recording for the Blind and Dyslexic or another authorized\nentity, as defined under 17 U.S.C. sec. 121, for production of accessible audio\nmedia, di gital text, and digital talking books, which produce accessible format\nmaterials based on selection and scheduling needs.\n(6) Nothing in this section shall in any way lessen the obligation of the public schools\nto provide for the instruction of blind stude nts in the use of Braille in accordance\nwith KRS 158.282 nor lessen the provision of Braille textbooks for blind students\nunder KRS 156.476.","path":["KRS Chapter 156"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50932","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:59Z","sha256":"2760301336b9e2780f2e8df8c927e6f2d09240e63a3edf56d510ec5227474780","source_id":"us-ky","stale":false,"prev":"us-ky/krs-156.026","next":"us-ky/krs-156.029"},"notice":"GroundRules: Original legal text. Not legal advice."}