SB108

SECTION 1. The legislature finds that books and other instructional materials are needed in alternate accessible formats for use by elementary and secondary school students who are unable to use traditional formats as their primary learning medium. Enacted in 2004, the Individuals with Disabilities Education Improvement Act established a National Instructional Materials Accessibility Standard and a National Instructional Materials Access Center that receives electronic files from publishers and provides the files to schools in a uniform national format.

The legislature further finds that existing state law pertaining to instructional materials directs publishers to meet requirements that are now obsolete due to advancements in technology and are inconsistent with the Individuals with Disabilities Education Act to provide eligible students with appropriate, accessible instructional materials crucial to student progress and success. Therefore, revisions to current practices are needed to conform the State to the Individuals with Disabilities Education Act, including the expansion of instructional materials in accessible formats and advancement of current technology available for eligible students.

Accordingly, the purpose of this Act is to:

(1) Provide for the timely availability of appropriate, accessible instructional materials and technology for eligible students; and

(2) Provide for the distribution of accessible materials to eligible students in accordance with the Individuals with Disabilities Education Act and the Copyright Act of 1976.

SECTION 2. Section 302A-442.5, Hawaii Revised Statutes, is amended to read as follows:

"§302A-442.5 Instructional materials; [~~exceptional children.~~] accessible format; eligible students. (a) Whenever used in this section, unless a different meaning clearly appears from the context:

"Accessible format" has the same meaning as in the Copyright Act, 17 U.S.C. section 121(d)(1), as amended.

"Assistive technology device" has the same meaning as in the Individuals with Disabilities Education Act, 20 U.S.C. section 1401(1)(A), as amended.

"Assistive technology service" has the same meaning as in the Individuals with Disabilities Education Act, 20 U.S.C. section 1401(2)(A) through (F), as amended.

"Braille" means the system of reading and writing through touch commonly known as standard English braille.

"Eligible student" means a student approved as an "eligible person" as defined in the Copyright Act, 17 U.S.C. section 121(d)(3), as amended, attending an elementary or secondary school, including:

(1) A public school;

(2) A private school;

(3) A public charter school as defined in section 302D-1; or

(4) An approved alternative education program under section 302A-1132(a)(5).

"National Instructional Materials Access Center" means the center established pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. section 1474(e), as amended.

"National Instructional Materials Accessibility Standard" has the same meaning as in the Individuals with Disabilities Education Act, 20 U.S.C. section 1474(e)(3)(B), as amended.

"Print instructional materials" means printed textbooks and related printed core materials that are written and published primarily for use in elementary and secondary school instruction and are required by the department for use by students in the classroom, including:

(1) Digital instructional materials obtained in an appropriate accessible format for an eligible student; or

(2) Materials that can be provided by the National Instructional Materials Access Center in valid National Instructional Materials Accessibility format.

"Technology mediated instruction" means learning that is aided or entirely accomplished through the use of computer-based technology.

(b) In accordance with the Individuals with Disabilities Education Act, 20 U.S.C. section 1412(a)(23), the department shall adopt the National Instructional Materials Accessibility Standard for the purposes of providing instructional materials to eligible students in a timely manner, and the department shall coordinate with the National Instructional Materials Access Center to obtain appropriate instructional materials.

(c) The department, as part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for the purchase of print instructional materials, including digital materials, shall:

(1) Obtain instructional materials from the publisher or other source that are formatted in, or can be rendered in, an appropriate accessible format for the eligible student using the material; or

(2) Enter into a written contract with the publisher of the print instructional materials to require the publisher to prepare and, on or before the delivery of the print instructional materials, provide to the National Instructional Materials Access Center electronic files containing the contents of the print instructional materials using the National Instructional Materials Accessibility Standard if instructional materials are not formatted in, or can be rendered in, appropriate accessible format.

(d) In carrying out this section, the department shall obtain instructional materials in accessible formats for eligible students attending any public school and, to the maximum extent allowed, assist any private school or public charter school, or for any eligible student enrolled in an approved alternative education program pursuant to section 302A‑1132(a)(5), to obtain instructional materials in accessible formats when the department receives a request from the school or program; provided that the department shall not be liable for the expense of any materials obtained other than the expense for materials obtained for students attending public schools.

(e) Each eligible student shall receive instructional materials in an accessible format most appropriate to the content of the material and the student's needs. The material, including any assistive technology device and assistive technology service to be provided in advance and needed for the student to use the material, shall be provided to the student at the same time the print instructional materials are provided to all other students.

(f) Technology shall be provided to each eligible student receiving technology mediated instruction, including any assistive technology device and assistive technology service needed for the technology to be accessible to and usable by the student.

(g) The individualized education program for an eligible student shall:

(1) Contain information to document approval of the student as an "eligible person" as defined in the Copyright Act, 17 U.S.C. section 121(d)(3), as amended;

(2) Identify:

(A) The print instructional materials to be used by the students without disabilities to achieve grade level progress, including but not limited to posters, bulletin boards, and audiovisual presentations;

(B) All accessible formats of the materials; and

(C) The instruction to be provided to enable the eligible student to achieve grade level progress using instructional materials in one or more formats accessible to and usable by the eligible student;

(3) Ensure that instructional materials that are provided in braille may be used by the student in addition to other accessible formats available if the student is blind and receiving instruction in braille or the use of braille;

(4) List any assistive technology device and assistive technology service needed for the eligible student to use instructional materials and technology mediated instruction in accessible formats, including the timely and appropriate instruction to enable the eligible student to use the technology to access age-appropriate content independently;

(5) Ensure that any assistive technology device and assistive technology service used for instructional materials in accessible formats is available for use by the eligible student in school, at home, and in other settings to the same extent that print instructional materials are available to other students; and

(6) Identify and provide technology to be used by an eligible student when receiving technology mediated instruction, including any assistive technology device and assistive technology service needed for the technology to be accessible to and usable by the eligible student.

[(b) All publishers of textbooks and instructional materials sold to the State or any public school shall furnish computer diskettes for literary subjects in the American Standard Code for Information Interchange from which braille versions can be produced. Publishers shall also furnish computer diskettes in American Standard Code for Information Interchange for nonliterary subjects including natural sciences, computer science, mathematics, and music when braille specialty code translation software is available.

~~(c)~~] (h) This section shall not apply to publishers of textbooks and instructional materials written in the Hawaiian language."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	108
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII