Bill Text: HI SB108 | 2024 | Regular Session | Introduced
Bill Title: Relating To Instructional Materials.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [SB108 Detail]
Download: Hawaii-2024-SB108-Introduced.html
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THE SENATE |
S.B. NO. |
108 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to instructional materials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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.
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INTRODUCED BY: |
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Report Title:
Instructional Materials; Assistive Technology; Eligible Students; Technology Mediated Instruction; National Instructional Materials Accessibility Standard
Description:
Adopts the National Instructional Materials Accessibility Standard for use by the Department of Education in preparation of instructional materials for eligible students. Defines "eligible student" in accordance with the Individuals with Disabilities Education Act and the Copyright Act. Requires the Department of Education to obtain instructional materials in accessible formats whenever available from the publisher or the National Instructional Materials Access Center when materials are not available from the publisher in the appropriate, accessible format needed by an eligible student. Requires instructional materials to be sufficient for grade level progress by eligible students. Requires the Department of Education to provide assistive technology devices and services for eligible students. Repeals requirements for publishers to provide computer diskettes conforming to American Standard Code for Information Interchange.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
