[Athen] FW: Ohio E-Book Bill (HB 535)

[Ron Stewart]

Good morning all, 

 

Here is an interesting piece of legislation that is being proposed in Ohio.
I thought I would share Scott's analysis with you.

 

Ron Stewart

 

From: Lissner, Scott [mailto:Lissner.2 at osu.edu] 
Sent: Saturday, April 26, 2008 1:53 PM
To: GCPDall at yahoogroups.com
Subject: Ohio E-Book Bill (HB 535)

 

Earlier this week I sent some of you a quick note concerning the proposed
Ohio E-book Bill.  I have had a chance to recover from the conference, catch
up in the office and mull over HB 535.  Time for reflection has not reduced
my concerns but hopefully it has improved my coherence.  Hear are my
thoughts, feel free to build on them or share them.    

 

On April 14th Representative Matt Lundy and 21 cosponsors introduced Ohio
House Bill 535 which would require Chancellor of the Ohio Board of Regents
to create the E-Book Higher Education Task Force and to implement E-Book
Programs at all state institutions of higher education based on those
recommendations.  The bill is assigned to Education Committee; no hearings,
analysis or votes are listed on the General Assembly's web site at this time
(4/25).   

 

This Bill has the potential for a positive impact for all of Ohio Higher
Education but I want to underscore the significant implications for our
student's  and faculty with disabilities.    I have included a copy of HB
535 as well as a relevant section of pending federal legislation (H.R. 4137,
The College Opportunity and Affordability Act of 2008) below my signature
block.   

 

Through the thoughtful use of technology House Bill 535 is an attempt to
bring down the cost of text books to our students.  Reducing the cost of
text books is a worthwhile goal  but House Bill 535 is also an opportunity
to  improve access to higher education by seamlessly meeting our obligations
to students and faculty with disabilities while saving considerable state
dollars.

  

Making a single textbook accessible requires that it be purchased, scanned
as an image, converted into an accessible text format, edited and then
distributed to students while protecting publisher's copyrights.  Depending
on a number of factors this can take between 75-250  hours of labor for a
college to make each text accessible to a student with a disability .  Some
electronic book formats are directly accessible to students with
disabilities and would eliminate this process entirely; other formats would
actually add the expense and initial step of printing out a copy to scan
because they are incompatible with assistive technology.  

 

Currently at The Ohio State University where I work we are converting
textbooks for about two hundred courses a Quarter  for students with
disabilities; that is potentially between 45,000 and 150,000 hours devoted
to accessible textbook production. This same process and expense is
duplicated at all of the colleges in the State.  Perhaps more important than
the expense is the fact that it takes additional time to get convert
materials putting the students at an educational disadvantage.  A formal
E-Book Program at the institutional or State level provides an  opportunity
to eliminate this disadvantage and raises our compliance obligations to
provide integrated and timely access.  

 

I am concerned that the current version of House Bill 535 does not address
the need for e-books to be accessible to our students with disabilities.
House Bill 535's current definition of e-book is broad and includes formats
incompatible with the technology, used by Ohio students who are blind,
dyslexic or have other impairments impacting their use of print and visually
oriented digital text.   Assistive technology that is often provided to
individuals by the Ohio Bureau of Vocational Rehabilitation and placed in
libraries and labs by colleges and universities.

 

Given the 22 sponsors for House Bill 535 I am confident that accessibility
was one of their concerns. It is likely in an effort to address broader
needs and take a universal approach details concerning advocacy fell out of
the language of the bill.   I know I would be more confident that the
outcome if House Bill 535 was amended to explicitly address access.  

 

The pending federal legislation is focused only on access and is likely to
take three to five years to impact Ohio colleges and universities.  However,
its language (provided below) suggests a number of ways Ohio's House Bill
535 could be improved.  An additional section along the lines of:

 

"E-Book Higher Education Task Force recommendations and implementation of
E-Book Programs at any State Institution of Higher Education must assure the
availability of accessible text for students with documented disabilities
impacting the use of print materials.  Accessible text formats must be
available for purchase at the same time frame as all other E-Book products.
Preference will be given to recommendations and proposals that accomplish
the timely provision of accessible text through an integrated product that
is directly accessible to individuals with print based disabilities rather
than through the provision of an accessible alternative in the same time
frame."

 

Additionally a requirement that the E-Book Higher Education Task Force's
appointments include appropriate representation for students with
disabilities in Higher Education.   

 

 

L. Scott Lissner

 

  _____  

As Introduced

 



127th General Assembly


Regular Session


2007-2008


H. B. No. 535

 

Representatives Lundy, Hite  

Cosponsors: Representatives Lesson, Fende, Dodd, McGregor, J., Huffman,
Webster, Slesnick, Okey, Hagan, R., Peterson, Sears, Adams, Williams, S.,
Ujvagi, Collier, Brown, Goyal, Yuko, Luckie, Otterman, J., Williams, B.  

 

  _____  

A BILL

To enact section 3333.29 of the Revised Code to create the E-Book Higher
Education Task Force and to require the Chancellor of the Ohio Board of
Regents to implement e-book programs at all state institutions of higher
education. 


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 

Section 1. That section 3333.29 of the Revised Code be enacted to read as
follows: 

Sec. 3333.29. (A) As used in this section: 

(1) "E-book" means computer software, interactive videodisc, magnetic media,
optical media, computer courseware, on-line service, electronic medium, or
other means of conveying information that is the digital media equivalent of
a printed book. 

(2) "State institution of higher education" has the same meaning as in
section 3345.011 of the Revised Code. 

(B)(1) There is hereby created the e-book higher education task force
consisting of five members. Within thirty days after the effective date of
this section, the chancellor of the Ohio board of regents shall appoint
members of the public to the task force. The chancellor shall provide
administrative support for the task force. 

(2) The task force shall study and make recommendations on implementing
e-book programs at state institutions of higher education. By April 1, 2009,
the task force shall report its findings to the chancellor, the governor,
the speaker of the house of representatives, the president of the senate,
the minority leaders of the house of representatives and the senate, the
chairpersons and ranking minority members of the standing committees of the
house of representatives and the senate that deal with the state budget, and
the chairpersons and ranking minority members of the standing committees of
the house of representatives and the senate committees that deal with
education. 

(C) Upon receiving the initial report from the task force, the chancellor
shall begin to implement e-book programs at all state institutions of higher
education, including negotiating agreements with publishing companies
requiring companies to offer electronic versions, in the form of e-books, of
printed books the companies sell for use by students of state institutions
of higher education. The chancellor shall implement e-book programs at all
state institutions of higher education by July 1, 2009. 

(D) The task force shall reconvene one year after the e-book programs are
implemented to evaluate the programs and report recommendations for possible
improvements. The task force shall cease to exist after reporting its
recommendations under this division. 

 

 

 

PENDING FEDERAL LEGISLATION

H.R.4137

College Opportunity and Affordability Act of 2008 (Referred to Senate
Committee after being Received from House)

 <http://thomas.loc.gov/cgi-bin/query/z?c110:H.4137>
http://thomas.loc.gov/cgi-bin/query/z?c110:H.4137


`SEC. 766A. ESTABLISHMENT OF ADVISORY COMMISSION ON ACCESSIBLE INSTRUCTIONAL
MATERIALS IN POSTSECONDARY EDUCATION FOR STUDENTS WITH DISABILITIES.


`(a) Establishment-

`(1) IN GENERAL- The Secretary shall establish a commission to be known as
the Advisory Commission on Accessible Instructional Materials in
Postsecondary Education for Students with Disabilities, in this subpart
referred to as the `Commission'.

`(2) MEMBERSHIP-

`(A) The Commission shall include one representative of each of the
following:

`(i) Department of Education Office of Postsecondary Education.

`(ii) Department of Education Office of Special Education and Rehabilitative
Services.

`(iii) Department of Education Office for Civil Rights.

`(iv) Library of Congress National Digital Information and Infrastructure
Preservation Program Copyright Working Group.

`(v) Association on Higher Education and Disability.

`(vi) Association of American Publishers.

`(vii) Association of American University Presses.

`(viii) National Association of College Stores.

`(ix) National Council on Disability.

`(B) The Commission shall be composed of at least one but not more than two
representatives, as appointed by the Secretary, of each of the following:

`(i) Staff from institutions of higher education with demonstrated
experience teaching or supporting students with print disabilities,
representing each of the following:

`(I) Large public institution of higher education.

`(II) Small public institution of higher education.

`(III) Large private institution of higher education.

`(IV) Small private institution of higher education.

`(V) Large community college.

`(VI) Small community college.

`(ii) Producers of materials in specialized formats, including each of the
following:

`(I) Braille.

`(II) Audio or synthesized speech.

`(III) Digital media.

`(iii) Developers of accessibility and publishing software and supporting
technologies.

`(iv) National organizations serving individuals with visual impairments
that have demonstrated experience in technology evaluation research,
academic publishing, production of material in accessible formats, and
educational methodologies for such for individuals.

`(v) Postsecondary students with visual impairment.

`(vi) Postsecondary students with dyslexia or other learning disabilities
related to reading.

`(vii) Attorneys with expertise in copyright law.

`(C) The Commission shall include at least two, but not more than three,
representatives as appointed by the Secretary, of national membership
organizations representing individuals with print disabilities, including
each of the following:

`(i) Individuals with visual impairments.

`(ii) Individuals with learning disabilities related to reading.

`(D) The appointments of the members of the Commission shall be made not
later than 45 days after the date of enactment of the College Opportunity
and Affordability Act of 2008.

`(3) PERIOD OF APPOINTMENT; VACANCIES- Members shall be appointed for the
life of the Commission. Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner as the original appointment.

`(4) INITIAL MEETING- Not later than 30 days after the date on which all
members of the Commission have been appointed, the Commission shall hold the
Commission's first meeting.

`(5) MEETINGS- The Commission shall meet at the call of the Chairperson.
Meetings shall be publicly announced in advance and open to the public.

`(6) QUORUM- A majority of the members of the Commission shall constitute a
quorum, but a lesser number of members may hold hearings.

`(7) CHAIRPERSON AND VICE CHAIRPERSON- The Commission shall select a
chairperson and vice chairperson from among the members of the Commission.

`(b) Duties of the Commission-

`(1) STUDY-

`(A) IN GENERAL- The Commission shall conduct a thorough study to assess the
barriers, systemic issues, and technical solutions available which may
affect or improve the timely delivery and quality of accessible
instructional materials for postsecondary students, faculty, and staff with
print disabilities, and make recommendations related to the development of a
comprehensive approach that will ensure that postsecondary students with
print disabilities can access instructional materials in specialized formats
in a timeframe comparable to the availability of standard instructional
materials for students without disabilities.

`(B) EXISTING INFORMATION- To the extent practicable, in carrying out the
study under this paragraph, the Commission shall identify and use existing
research, recommendations, and information from--

`(i) the Model Demonstration Programs to Support Improved Access to
Postsecondary Instructional Materials for Students with Print Disabilities,
as described in section 766B;

`(ii) the Advisory Council and the Technical Assistance and Development
Centers of the National Instructional Materials Access Center;

`(iii) the Library of Congress National Digital Information and
Infrastructure Preservation Program Copyright Working Group;

`(iv) the Association of Higher Education and Disabilities E-Text Solutions
Working Group;

`(v) the Recording for the Blind and Dyslexic's Technology Advisory
Committee;

`(vi) the Association of American Publishers Higher Education Division's
Critical Issues Task Force; and

`(vii) other existing research related to the creation and distribution of
accessible instructional materials for students with print disabilities.

`(C) RECOMMENDATIONS- The Commission shall develop recommendations to be
used to inform Federal regulation and legislation, to identify best
practices for systems of creating, collecting, maintaining, processing, and
disseminating materials in specialized formats to eligible students,
faculty, and staff while providing adequate copyright protections. In
developing such recommendations, the Commission shall consider--

`(i) how to ensure that students with print disabilities may obtain
instructional materials in accessible formats within a timeframe comparable
to the availability of materials for students without disabilities;

`(ii) the feasibility and technical parameters of establishing national
standardized electronic file formats such as, but not limited to, the
National Instructional Materials Accessibility Standard as defined in
section 674(e)(3)(B) of the Individuals with Disabilities Education Act, to
be provided by publishers of instructional materials to producers of
specialized formats, institutions of higher education, and eligible
students;

`(iii) the feasibility of the establishment of a national clearinghouse,
repository, or file-sharing network for electronic files in specialized
formats and files used in producing instructional materials in specialized
formats, and a list of possible entities qualified to administer such a
clearinghouse, repository, or network;

`(iv) the feasibility of including such a national clearinghouse,
repository, or file-sharing network in the duties of the Center described in
section 766;

`(v) market-based solutions involving collaborations between publishers of
instructional materials, producers of specialized formats, and institutions
of higher education, including--

`(I) barriers and opportunities to market entry;

`(II) unique concerns affecting university presses, small publishers, and
solutions incorporating such works into a shared system; and

`(III) solutions utilizing universal design;

`(vi) solutions for low-incidence, high-cost requests for materials in
specialized formats; and

`(vii) definitions of instructional materials, authorized entities, and
eligible students.

`(2) REPORT- Not later than 24 months after the first meeting, the
Commission shall submit a report to the Secretary and to Congress that shall
contain a detailed statement of the findings and conclusions of the
Commission resulting from the study under subsection (a), together with the
Commission's recommendations for such legislation and administrative actions
as the Commission considers to be appropriate to implement the development
of a comprehensive approach that will ensure that postsecondary students
with print disabilities can access instructional materials in specialized
formats in a timeframe comparable to the availability of standard
instructional materials for students without disabilities.

`(3) FACILITATION OF EXCHANGE OF INFORMATION- In carrying out the study
under subsection (a), the Commission shall, to the extent practicable,
facilitate the exchange of information concerning the issues that are the
subject of the study among--

`(A) officials of the Federal Government;

`(B) educators from Federal, State, and local institutions of higher
education and secondary schools;

`(C) publishers of instructional materials;

`(D) producers of materials in specialized formats;

`(E) representatives from the community of individuals with print
disabilities; and

`(F) participants in the Model Demonstration Programs to Support Improved
Access to Postsecondary Instructional Materials for Students with Print
Disabilities, as described in section 766B.

`(c) Commission Personnel Matters-

`(1) COMPENSATION OF MEMBERS- Each member of the Commission who is not an
officer or employee of the Federal Government shall serve without
compensation. All members of the Commission who are officers or employees of
the United States shall serve without compensation in addition to that
received for their services as officers or employees of the United States.

`(2) TRAVEL EXPENSES- The members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of business in
the performance of services for the Commission.

`(3) STAFF-

`(A) IN GENERAL- The Chairperson of the Commission may, without regard to
the civil service laws and regulations, appoint and terminate an executive
director and such other additional personnel as may be necessary to enable
the Commission to perform the Commission's duties. The employment of an
executive director shall be subject to confirmation by the Commission.

`(B) COMPENSATION- The Chairperson of the Commission may fix the
compensation of the executive director and other personnel without regard to
the provisions of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the executive director
and other personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.

`(4) DETAIL OF GOVERNMENT EMPLOYEES- Any Federal Government employee may be
detailed to the Commission without reimbursement, and such detail shall be
without interruption or loss of civil service status or privilege.

`(5) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The Chairperson of
the Commission may procure temporary and intermittent services under section
3109(b) of title 5, United States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such title.

`(d) Termination of the Commission- The Commission shall terminate on the
date that is 90 days after the date on which the Commission submits the
Commission's report under subsection (b)(2).

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