{"data":{"id":"us-ky/krs-164.477","jurisdiction":"us-ky","citation":"KRS 164.477","heading":"Kentucky Postsecondary Textbook Accessibility Act.","body":"(1) As used in this section, unless the context requires otherwise:\n(a) \"Alternative format\" means any medium  or format for the presentation of\ninstructional materials other than standard print needed by a student with\na  disability for a reading accommodation, including but not limited to\nbraille, large print texts, audio recordings, digital texts, and digital talking\nbooks;\n(b) \"Instructional material\" means  a textbook or other material published\nprimarily for use by students in a course of study in which a student with a\ndisability is enrolled that is required or essential to a student's success, as\ndetermined by the course instructor. \"Instructional material\" includes\nnontextual mathematics and science material to the extent that software\nis commercially available to permit the conversion of the electronic file of\nthe material into a format that is compatible with assistive technologies\nsuch  as  speech  synthesis software or braille translation software\ncommonly  used by students with disabilities;\n(c) \"Nonprinted instructional material\" means  instructional material in a\nformat other than print, including instructional material that requires the\navailability of electronic equipment in order to be used as a learning\nresource, including but not limited to software programs, videodiscs,\nvideotapes, and audio tapes;\n(d) \"Printed instructional material\" means  instructional material in book or\nother printed form;\n(e) \"Publisher\" means  an individual, firm, partnership, corporation, or other\nentity that publishes or manufactures instructional material used by\nstudents attending a public or independent postsecondary education\ninstitution in Kentucky;\n(f) \"State Repository for Alternative Format  Instructional Materials\" or\n\"repository\" means a consortium established or otherwise designated by\nthe Council on Postsecondary Education under subsection (8) of this\nsection to serve as a state repository for electronic files or alternative\nformat instructional materials obtained from publishers, created by\ninstitutions, or received through other means;\n(g) \"Structural integrity\" means the inclusion of all of the information provided\nin printed instructional material, including but not limited to the text of the\nmaterial sidebars, the table of contents, chapter headings  and\nsubheadings, footnotes, indexes, and glossaries, but need not include\nnontextual elements such as pictures, illustrations, graphs, or charts; and\n(h) \"Working day\" means  a day that is not Saturday, Sunday, or a national\nholiday.\n(2) The purpose of this section is to ensure, to the maximum  extent possible, that\nall postsecondary students with a disability in Kentucky requiring reading\naccommodations, in accordance with Section 504 of the Rehabilitation Act, 29\nU.S.C. sec. 794, or the Americans with Disabilities Act, 42 U.S.C. secs. 12101\net seq., including but not limited to students who  are blind, are visually\nimpaired, or have a specific learning disability or other disability affecting\nreading, shall have access to instructional materials in alternative formats that\nare appropriate to their disability and educational needs.\n(3) A  publisher shall, upon fulfillment of the requirements of subsections (6) and\n(7) of this section, provide to a postsecondary education institution or to the\nState Repository for Alternative Format Instructional Materials, at no cost:\n(a) Printed instructional material in an electronic format; and\n(b) Nonprinted instructional material in an  electronic format, when  the\ntechnology is available to maintain the material's structural integrity.\n(4) Instructional material provided by a publisher in electronic format shall:\n(a) Maintain the structural integrity of the original instructional material,\nexcept as provided for in paragraph (b) subsection (3) of this section;\n(b) Be  compatible with commonly  used  braille translation and  speech\nsynthesis software;\n(c) Include corrections and revisions as may be necessary; and\n(d) Be  in a format that is mutually agreed upon by the publisher and the\nrequesting institution or the State Repository for Alternative Format\nInstructional Materials. If good-faith efforts fail to produce an agreement\nas to an electronic format that will preserve the structural integrity of the\ninstructional material, the publisher shall provide the instructional material\nin  XML  (Extensible Markup  Language),  utilizing an  appropriate\ndocument-type definition suitable for the creation of alternative format\nmaterials, and shall preserve as much  of the structural integrity of the\noriginal instructional material as possible.\n(5) The publisher shall transmit or otherwise send an electronic format version of\nrequested instructional material within fifteen (15) working days of receipt of an\nappropriately completed request. Should this timetable present an undue\nburden for a publisher, the publisher shall submit within the fifteen (15) working\nday period a statement to the requesting entity certifying the expected date for\ntransmission or delivery of the file.\n(6) (a) To receive an electronic format version of instructional material, a written\nrequest shall be submitted to the publisher that certifies:\n1. The instructional material has been purchased for use by a student\nwith a disability by the student or the institution the student attends\nor is registered to attend;\n2. The student has a disability that prevents the student from using the\nstandard instructional material; and\n3. The  instructional material is for use by the student in connection\nwith a course in which he or she is registered or enrolled.\n(b) A publisher may also require a statement signed by the student or, if the\nstudent is a minor, the student's parent or legal guardian, agreeing that\nthe student will:\n1. Use  the electronic copy of the instructional material solely for his or\nher own educational purposes; and\n2. Not copy or distribute the instructional material for use by others.\n(7) The  request for an electronic format version of instructional material shall be\nprepared and signed by:\n(a) The coordinator of services for students with a disability at the institution;\n(b) A  representative of the Division of Blind Services within the Office of\nVocational Rehabilitation in the Education and Labor Cabinet;\n(c) A representative of the Office of Vocational Rehabilitation; or\n(d) A  representative of the State Repository for Alternative Format\nInstructional Materials.\n(8) The  Council on Postsecondary Education may, to the extent funds are\navailable, establish or otherwise designate a consortium to be called the State\nRepository for Alternative Format Instructional Materials to serve as a state\nrepository for electronic files and alternative format materials for the purpose of\nfacilitating the timely access of appropriate alternative instructional materials by\npostsecondary students with a disability.\n(9) The  Council on Postsecondary Education may  promulgate administrative\nregulations governing the implementation and administration of this section.\n(10) The council shall work with representatives of each postsecondary institution to\ndevelop policies and procedures designed to ensure to the maximum  extent\npossible that students with disabilities have access to instructional materials in\nappropriate alternative formats within the first week of class.\n(11) The council, in consultation with appropriate entities, including but not limited to\nthe Office of Vocational Rehabilitation, the Kentucky Assistive Technology\nService Network, Recording for the Blind and Dyslexic, and the Kentucky\nAssociation on Higher Education and Disability, shall include within its annual\nstatus report on postsecondary education in Kentucky a continuing assessment\nof the need for statewide technical assistance, training, and other supports\ndesigned to increase the availability and effective use of alternative format\ninstructional materials.\n(12) The  State Repository for Alternative Format Instructional Materials or the\ncouncil may receive electronic files and alternative format materials from:\n(a) Publishers;\n(b) Postsecondary  education institutions that have  created alternative\nmaterials for use by a student with a disability;\n(c) The  Kentucky Department of Education, receiving electronic files from\npublishers under the requirements of KRS 156.027; or\n(d) Other sources.\n(13) The  repository or the council shall, upon receipt of documents as set forth in\nsubsection (6) of this section, provide at no cost copies of electronic files and\nalternative format materials to:\n(a) Postsecondary education institutions in Kentucky; and\n(b) The Kentucky Department of Education, to assist in the implementation of\nthe requirements of KRS 156.027.\n(14) The repository shall provide to a publisher, upon request:\n(a) A summary  of all electronic or alternative format versions of instructional\nmaterial from  that publisher provided to students, postsecondary\neducation institutions, and the Kentucky Department of Education from its\nholdings; and\n(b) Copies  of requests and related certification documents  received for\ninstructional materials from that publisher.\n(15) The  repository or the council may  submit requests for electronic files to\npublishers on behalf of institutions.\n(16)(a) A  postsecondary education institution or an  educational instructor,\nassistant, or tutor may  assist a student with a disability by using the\nelectronic format version of instructional material as provided by this\nsection solely to transcribe or arrange for the conversion of the\ninstructional material into an alternative format, or to otherwise assist the\nstudent.\n(b) If an alternative format version of instructional material is created, an\ninstitution may, for the purpose of providing the version to other students\nwith disabilities, share that version with:\n1. The repository;\n2. A  Kentucky postsecondary education institution serving a student\nwith a disability; and\n3. An  authorized entity as defined under 17 U.S.C. sec. 121 that\ncommonly  provides alternative format materials for use by students\nin Kentucky institutions.\n(17) The  disk or file of an electronic format version of instructional material used\ndirectly by a student shall be copy-protected, or reasonable precautions shall\nbe taken by the institution to ensure that the student does not copy or distribute\nthe electronic format version in violation of the Copyright Revisions Act of\n1976, as amended, 17 U.S.C. secs. 101 et seq.\n(18) Nothing in this section shall be deemed  to authorize any use of instructional\nmaterials that would  constitute an  infringement of copyright under the\nCopyright Revision Act of 1976, as amended, 17 U.S.C. secs. 101 et seq.\n(19) Nothing in this section shall absolve covered entities from the obligation to\nprovide equivalent access to information technology and software as set forth\nin KRS 61.982.\n(20) A  publisher shall be considered a place of public accommodation  for the\npurposes of KRS  344.130. Failure to comply with the requirements of this\nsection shall be an unlawful practice of discrimination on the basis of disability\nfor the purposes of KRS 344.120.","path":["KRS Chapter 164"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52394","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:15Z","sha256":"f2a1853e273615904d51e0fa70486d1d1639fb5c38e57e07768b58c2b0cf34da","source_id":"us-ky","stale":false,"prev":"us-ky/krs-164.476","next":"us-ky/krs-164.478"},"notice":"GroundRules: Original legal text. Not legal advice."}