[humanser] : wisconsin Instructional Materials Act

Tue Mar 15 11:23:53 UTC 2016

Since there has been much discussion about this, I wanted to be sure to
mention that the legislation we are trying to pass nationally takes a
somewhat different approach than has been done in some states.  In fact,
some would say that many colleges are already covered by laws that require
accessibility.  From my reading of the Wisconsin law, there is a good deal
of effort to define some of the processes involved that are not necessarily
a part of other laws.  One problem that publishers have voiced is that the
requirements of how they need to produce materials varies by state and by
college.  The legislation we are trying to pass would create a voluntary
standard, that if followed, would protect colleges from legal action.  If
colleges want to follow another standard and their students are happy with
it, that is fine, but they do risk legal action if what they do is not found
to be enough.  This would lead to a national approach to making materials
accessible that I think would be very helpful.

Best regards,

Steve Jacobson

-----Original Message-----
From: humanser [mailto:humanser-bounces at nfbnet.org] On Behalf Of Steven
Johnson via humanser
Sent: Monday, March 14, 2016 5:35 PM
To: 'Human Services Division Mailing List' <humanser at nfbnet.org>
Cc: Steven Johnson <blinddog3 at charter.net>
Subject: Re: [humanser] : wisconsin Instructional Materials Act

Erica, as you may be aware, the NFB Affiliate in Wisconsin does not have a
strong advocacy arm.  However, the Wisconsin Council of the Blind does have
a very strong one, and does include the NFB as well as many other
organizations of and for the blind here in the State when such significant
legislative bills are being brought through our legislature.  The Council
Lobbiest generally provides an annual update at the NFB State convention,
and on occasion, an NFB representative will attend the Council Legislative
days.  This particular bill did not get passed overnight, and if I recall,
took 4 tries.  However, persistence is important when pushing such
significant legislation where resistence is going to happen from the
legislative end as well as the lobbiest end from the publishers.  There were
many supporters on-board outside of the BVI community which is also key in
passing such significant legislation and included the Technical College
System, the University of Wisconsin System and Private College system to
name a few.  It's unfortunate you were not informed about this bill as it
has had a wide-reaching impact to date which we are very proud of, and this
is exactly what the law was meant to do.  We encourage replication of this
bill, but please consider giving credit where credit is due as this was not
an easy task to accomplish.  

Thanks,

Steve

-----Original Message-----
From: humanser [mailto:humanser-bounces at nfbnet.org] On Behalf Of Ericka via
humanser
Sent: Monday, March 14, 2016 1:09 PM
To: Human Services Division Mailing List
Cc: Ericka
Subject: Re: [humanser] : wisconsin Instructional Materials Act

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
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