[humanser] : wisconsin Instructional Materials Act

Mon Mar 14 18:09:19 UTC 2016

I live here and I have never heard of this. So thank you very much!

Ericka Short
"What is right is not always popular; what is popular is not always right."

 from my iPhone

> On Mar 14, 2016, at 12:56 PM, Merry Schoch via humanser <humanser at nfbnet.org> wrote:
> 
> I want to thank Mary Ann Robinson for providing the  following for our
> reading pleasure and more importantly for our knowledge and awareness:
> 
> 
> 
> wisconsin Instructional Materials Act
> 
> 
> 2011 Wisconsin Act 124
> 
> Date of enactment: March 19, 2012
> 2011 Assembly Bill 322 Date of publication*: April 2, 2012
> * Section 991.11, Wisconsin Statutes 2009-10 : Effective date of acts. 
> "Every act and every portion of an act enacted by the legislature over the
> governor's partial veto which does not expressly prescribe the time when it
> takes effect shall take effect on the day after its date of publication as
> designated" by the secretary of state [the date of publication may not be
> more than 10 working days after the date of enactment].
> 2011 WISCONSIN ACT 124
> An Act to create 106.57 of the statutes; relating to: accessible
> instructional materials for students with disabilities enrolled in
> institutions of higher education.
> The people of the state of Wisconsin, represented in senate and assembly, do
> enact as follows:
> 124,1 Section 1. 106.57 of the statutes is created to read:
> 106.57 Postsecondary education; accessible instructional material for
> students with disabilities. (1) Definitions. In this section:
> (a) "Alternative format" means Braille, large print texts, audio recordings
> created with the use of text-to-speech technology, electronic formats used
> with screen reader devices or other assistive technology, or digital talking
> books that are required by a student with a disability to make instructional
> material accessible to the student.
> (b) "Electronic format" means a computer file or other digital medium
> embodying instructional material that can be made into an alternative format
> or that is capable of serving as an alternative format, if used with a
> screen reader device or other assistive technology.
> (c) "Institution of higher education" means an institution or college campus
> within the University of Wisconsin System, a technical college within the
> technical college system, or a private, nonprofit institution of higher
> education that is a member of the Wisconsin Association of Independent
> Colleges and Universities.
> (d) "Instructional material" means a textbook or other material written and
> published in print format primarily for use by students in postsecondary
> instruction that is required or essential to the success of a student with a
> disability in a course of study in which the student is enrolled, as
> determined by the instructor of the course in consultation with the person
> specified in sub. (2) (b) who requests that material in alternative format
> or electronic format under sub. (2) (a).
> (e) "Maintain the structural integrity" means to include all of the
> information provided in the original instructional material, including the
> text of sidebars; the table of contents; chapter headings and subheadings;
> footnotes; indexes; glossaries; bibliographies; nontextual elements, such as
> pictures, illustrations, graphs, charts, and screenshots; and any other data
> that are pertinent to the instructional material, when that original
> instructional material is provided in alternative format or electronic
> format.
> (f) "Publisher" means a person that is in the business, whether for profit
> or not for profit, of selling instructional material in which the person
> owns or controls some or all of the copyright. "Publisher" does not include
> a person that is a member of a nationwide exchange network that facilitates
> and supports the delivery of instructional material in alternative format to
> students with disabilities, if that material is delivered to those students
> through that network within 7 working days after a request for that material
> is made.
> (g) "Student with a disability" means a student enrolled in an institution
> of higher education who is blind or visually impaired, or who has a specific
> learning disability or other physical condition that prevents the student
> from using instructional material in standard print format, and who needs
> reasonable accommodations to read.
> (h) "Writing" includes facsimile transmission or electronic mail.
> (2) Request for instructional material in alternative or electronic format. 
> (a) Except as provided in this paragraph, an institution of higher
> education, on behalf of a student with a disability, may request a publisher
> to provide instructional material in alternative format or electronic format
> by submitting to the publisher a request that complies with par. (b) and
> with any additional requirement imposed by the publisher under par. (c). An
> institution of higher education may not request a publisher to provide
> instructional material under this paragraph if the instructional material in
> the particular format needed by the student is commercially available from
> the publisher of the material.
> (b) A request under par. (a) for instructional material in alternative
> format or electronic format shall be prepared and signed by the coordinator
> of services for students with disabilities at the institution of higher
> education or by another employee of the institution of higher education who
> is responsible for providing services or accommodations for students with
> disabilities or for monitoring compliance with the federal Americans with
> Disabilities Act, 42 USC 12101 to 12213, or the federal Rehabilitation Act
> of 1973, 29 USC 701 to 796L, on behalf of the institution of higher
> education, shall provide notice to the publisher of the publisher's duties
> under this section, and shall certify all of the following:
> 1. That a copy of the instructional material in standard format has been
> purchased for use by a student with a disability by the student or by the
> institution of higher education in which the student is enrolled. The
> institution of higher education shall keep records sufficient to verify that
> a separate copy of instructional material in standard format has been
> purchased for each student with a disability for whom instructional material
> in alternative format or electronic format is requested under par. (a), and
> a publisher has the right to inspect, or receive copies of, those records
> that relate to instructional material published by the publisher.
> 2. That the student is a student with a disability.
> 3. That the instructional material is for use by the student with a
> disability in connection with a course at the institution of higher
> education in which the student is enrolled.
> 4. Whether the institution of higher education has in its possession a copy
> of the instructional material in electronic format and, if so, whether that
> copy is capable, if used with assistive technology, of serving as an
> alternative format suitable for the needs of the student with a disability
> or of being converted, using generally available technology, into the
> particular alternative format needed by the student.
> (c) A publisher may require a request under par. (a) to also be accompanied
> by a statement signed by the student or, if the student is a minor, the
> student's parent, guardian, or legal custodian agreeing to all of the
> following:
> 1. That the student will use the instructional material in alternative
> format solely for his or her own educational purposes.
> 2. That the student will not copy or distribute the instructional material
> in alternative format for use by others.
> (3) Provision of instructional material in alternative or electronic format.
> 
> (a) In response to a request under sub. (2) (a), on behalf of a student with
> a disability, for instructional material in alternative format or electronic
> format, a publisher shall do one of the following:
> 1. Provide to the requester a copy of the instructional material in
> alternative format by delivering a computer disk or file.
> 2. Provide to the requester access to the instructional material in
> alternative format by providing an Internet password or by providing that
> access in any other appropriate matter.
> 3. Provide to the requester a copy of the instructional material in
> electronic format.
> 4. At its option, grant to the institution of higher education permission to
> convert the instructional material into the particular alternative format
> needed by the student with a disability.
> 5. If the publisher believes that it is unable to act under subd. 1. to 4. 
> because the publisher does not own or control some or all of the copyright
> in the instructional material, provide to the requester the name of the
> person that, to the best of the publisher's knowledge, is able to fulfill
> the request.
> (b) Within 7 days after receipt of a request under sub. (2) (a), a publisher
> shall respond to the request by providing to the requester one of the
> following notices in writing:
> 1. A notice advising the requester as to which of the actions under par. (a)
> 1. to 3. the publisher intends to take.
> 2. If the request indicates that the institution of higher education has in
> its possession a copy of the instructional material in electronic format and
> that the copy is capable of serving as an alternative format suitable for
> the needs of the student with a disability or of being converted into the
> particular alternative format needed by the student, a notice advising the
> requester that the publisher intends to take none of the actions under par. 
> (a) 1. to 3. If this subdivision applies, the publisher may grant permission
> to convert the instructional material into alternative format as provided in
> par. (a) 4.
> 3. If the publisher does not possess a copy of the instructional material in
> alternative format or electronic format or if the publisher does not possess
> technology that will maintain the structural integrity of the instructional
> material, a notice advising the requester that the publisher intends to take
> none of the actions under par. (a) 1. to 3. If this subdivision applies, the
> publisher may grant permission to convert the instructional material into
> alternative format as provided in par. (a) 4.
> 4. If the publisher believes that it is unable to act under par. (a) 1. to
> 4. because the publisher does not own or control some or all of the
> copyright in the instructional material, notice of the name of the person
> that, to the best of the publisher's knowledge, is able to fulfill the
> request.
> (c) 1. If the publisher provides notice under par. (b) 1. that the publisher
> intends to provide a copy of the instructional material in electronic format
> as provided in par. (a) 3., the publisher shall provide the material in that
> format no later than 7 days after providing that notice.
> 2. If the publisher provides notice under par. (b) 1. that the publisher
> intends to provide a copy of the instructional material in alternative
> format as provided in par. (a) 1. or to provide access to the instructional
> material in alternative format as provided in par. (a) 2., the publisher
> shall provide the material in that format or provide that access no later
> than 14 days after providing that notice.
> (d) Instructional material provided by a publisher in alternative format or
> electronic format shall meet all of the following requirements:
> 1. To the extent possible, maintain the structural integrity of the original
> instructional material, except that this requirement does not apply to
> nontextual instructional material unless the publisher possesses technology
> that will maintain the structural integrity of the nontextual instructional
> material. If the publisher does not have technology that will maintain the
> structural integrity of the original instructional material, the publisher
> shall so notify the institution of higher education under par. (b) 3. and
> may grant permission to the institution of higher education to convert the
> instructional material into alternative format as provided in par. (a) 4.
> 2. Be compatible with an assistive technology that is suitable for the needs
> of the student with a disability or, if the student needs an embossed
> Braille version of the instructional material, be compatible with commonly
> used Braille translation software.
> 3. Include corrections and revisions that have been generally published with
> respect to the instructional material.
> (e) 1. Subject to subd. 2., an institution of higher education may create an
> alternative format of instructional material for which a request has been
> made under sub. (2) if any of the following apply:
> a. The publisher provides a copy of the instructional material in electronic
> format under par. (a) 3.
> b. The publisher grants permission to convert the instructional material
> into alternative format as provided in par. (a) 4.
> c. The publisher responds to the request as provided in par. (b) 2.
> d. The publisher does not respond to the request as required under par. (b).
> e. The publisher does not fulfill the request as provided in par. (c) 1. or
> 2.
> 2. An institution of higher education may not create an alternative format
> of instructional material if the instructional material in the particular
> alternative format needed by a student with a disability is commercially
> available from the publisher of the material.
> (f) A publisher that sells instructional materials for use by students
> enrolled in institutions of higher education shall provide the name and
> contact information of its office or employee who is designated to handle
> requests under sub. (2) (a) to the persons specified in sub. (2) (b) for
> those institutions. A publisher may provide that information either by
> posting that information on its Internet site or by providing that
> information in writing to those persons. If a publisher fails to provide
> that information, a person specified in sub. (2) (b) may request that
> information, or may request instructional material under sub. (2) (a), by
> sending the request to the publisher at the address of the publisher's
> principal place of business, directed to the attention of the publisher's
> rights and permissions department.
> (g) Nothing in this subsection may be construed to require a publisher to
> incur an investment that the publisher cannot reasonably recoup. If a
> publisher has not previously produced a digital version of fully typeset and
> edited instructional material, including instructional material produced
> through a method that does not require the creation of a digital file, the
> publisher may condition its provision of the instructional material in
> alternative format or electronic format on payment of reasonable
> compensation for the expense of creating that format.
> (4) Use of instructional materials in alternative or electronic format. (a)
> 1. Subject to subds. 2. and 3., if an institution of higher education has in
> its possession a copy of instructional material in alternative format or
> electronic format that has been provided by a publisher under sub. (3) (c)
> or an alternative format of instructional material that has been created by
> the institution of higher education under sub. (3) (e), the institution of
> higher education shall satisfy all subsequent requests for instructional
> material in that format from its own students without requesting the
> publisher to provide that material and may, if requested, provide
> instructional material in that format to another institution of higher
> education for use by a student of that other institution.
> 2. An institution of higher education that satisfies a request for or
> provides instructional material under subd. 1. shall, for each student for
> whom the instructional material is provided, provide to the publisher the
> information specified in sub. (2) (b) 1. to 4. and the statement specified
> in sub. (2) (c).
> 3. An institution of higher education may not satisfy a request for or
> provide instructional material under subd. 1. if the institution receives
> notice that an alternative format or an electronic format of the
> instructional material in the same specifications is commercially available
> from the publisher of the material.
> (b) An institution of higher education in possession of a copy of
> instructional material in alternative format or electronic format that has
> been provided by a publisher under sub. (3) (c) or an alternative format of
> instructional material that has been created by the institution of higher
> education under sub. (3) (e) shall take reasonable precautions to ensure
> that the format is not distributed to any 3rd parties, except as permitted
> under par. (a) 1. or (c), and shall, to the extent possible, maintain in
> effect all copy-protection measures embedded in the alternative format or
> electronic format by the publisher.
> (c) An institution of higher education may contract with a 3rd party to
> assist the institution in creating an alternative format of instructional
> material as permitted under sub. (3) (e) or as otherwise permitted by the
> publisher. If an institution of higher education contracts with a 3rd party
> under this paragraph, the contract shall provide all of the following:
> 1. That the electronic format from which the alternative format is created
> may not be further distributed by the 3rd party.
> 2. That any alternative format made from the electronic format may be
> provided only to the institution.
> 3. That all files provided by the institution to the 3rd party shall be
> returned to the institution.
> 4. That the 3rd party may not retain, and must destroy, any copies of its
> work product, including any interim work files.
> Down
> Up
> 5. That both the institution and the publisher shall have the power to
> enforce the contractual provisions specified in subds. 1. to 4.
> (d) If an institution of higher education permits a student with a
> disability to directly use an electronic format version of instructional
> material, the disc or file of the electronic format version shall be copy
> protected, or the institution of higher education shall take reasonable
> precautions to ensure that the student does not copy or distribute the
> electronic format version in violation of the federal Copyright Act, 17 USC
> 101 to 1332.
> (e) Nothing in this section shall be construed to authorize any use of
> instructional materials that would constitute an infringement of copyright
> under the federal Copyright Act, 17 USC 101 to 1332.
> Down
> /2011/related/acts/124 true acts /2011/related/acts/124 acts/2011/124
> acts/2011/124 section true
> 
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