(1)(a) A post-secondary education institution may submit a written request to a publisher to receive instructional material in an electronic format. In the request, the institution must certify that:

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(A) The instructional material has been purchased:

(i) By a student for use by a student with a print disability; or

(ii) By the institution for use by a student with a print disability who attends or is registered to attend the institution;

(B) The student has a print disability that prevents the student from using the standard instructional material; and

(C) The instructional material is for use by the student in connection with a course in which the student is registered or enrolled.

(b) A publisher may require a statement signed by the student or, if the student is an unemancipated minor who is under 18 years of age, by the student’s parent or legal guardian, agreeing that the student will:

(A) Use the copy of the instructional material in an electronic format solely for the student’s own educational purposes; and

(B) Not copy or distribute the instructional material in an electronic format for use by other people.

(2) The request for instructional material in an electronic format submitted under subsection (1) of this section shall be prepared and signed by:

(a) A representative of services for students with disabilities at the post-secondary education institution;

(b) A representative of the Commission for the Blind; or

(c) A representative of the Department of Human Services.

(3)(a) A publisher shall, upon receipt of a request for instructional material that meets the requirements of subsections (1) and (2) of this section, provide to the post-secondary education institution printed instructional material in an electronic format.

(b) Except as provided in paragraph (c) of this subsection, the publisher may not charge the post-secondary education institution for the instructional material.

(c) The publisher may charge the post-secondary education institution for the cost of shipping and handling the instructional material at the ordinary commercial media rates.

(4) A publisher that provides instructional material in an electronic format under subsection (3) of this section shall make every reasonable effort to ensure that the instructional material:

(a) Maintains the structural integrity of the original instructional material;

(b) Is compatible with commonly used speech synthesis software and Braille translation software when necessary; and

(c) Includes corrections and revisions as may be necessary.

(5) In addition to the requirements of subsection (4) of this section, a publisher shall provide instructional material in an electronic format that is mutually agreed upon by the publisher and the post-secondary education institution. If good faith efforts fail to produce an agreement as to an electronic format that will preserve the structural integrity of the instructional material, the publisher shall:

(a) Provide the instructional material in an electronic format; and

(b) Preserve as much of the structural integrity of the original instructional material as possible.

(6)(a) The publisher shall transmit or otherwise send the instructional material in an electronic format within 15 working days of receipt of a request that meets the requirements of subsections (1) and (2) of this section.

(b) Notwithstanding paragraph (a) of this subsection, if meeting the time period requirements specified in paragraph (a) of this subsection is an undue burden on the publisher, the publisher may submit within the 15 working days a statement to the requesting post-secondary education institution certifying the expected date for transmission or delivery of the instructional material in an electronic format and a summary of the basis of the undue burden. [2007 c.466 § 3]

[1957 c.642 § 2; 1963 c.544 § 44; 1965 c.100 § 267; 1967 c.67 § 7; repealed by 1989 c.216 § 1]