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State Accessible Curriculum Policy Survey
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50 State Accessible Curriculum Policy Survey
Back to Summary Page
ARIZONA
Interview Notes (October 2003)
We spoke with Mary Platner, who represents the Arizona Council for Exceptional
Children (AZ-CEC). She provided the following summary of information concerning
the movement for accessible materials legislation in Arizona.
During the 2003 Arizona Legislative Session, HB2275 died in the House but was
resurrected on a striker bill, HB 2092, in the Senate. Both bills handily passed
the House and Senate Education Committees but stalled afterwards.
We are already preparing for the 2004 Legislative Session. The proposed legislation
is very similar to last session’s bills BUT is now independent of Arizona’s
1997 Braille Law, which requires electronic files of curriculum adoptions. The
proposed legislation would require public schools to order new textbook
adoptions from vendors whose textbooks are available in both print
and alternative formats, such as a CD-ROM. Alternative formats would
be available for all K-12 students with disabilities who are subject to the
Individuals with Disabilities Education Act (IDEA) of 1997 or who are under
Section 504 plans.
The proposed legislation does not violate copyright law but focuses on contract
language.Of Arizona’s 92,000 6- through 21-year-old students
with Individualized Education Plans, it is conservatively estimated that
40,000 of these students would qualify, including 32,000 of
the 53,000 students with learning disabilities.
Fiscal Impact of HB2092
To Arizona: fiscal note (as HB2275) of $0.
To Public Schools
- Computers: are already provided through the Arizona Students FIRST’s
technology plan and Part D funds from No Child Left Behind
- Text-to-speech software: PCs with either Windows 2000 or XP and Mac OS
X have accessibility features already built in, including the text-to-speech
function. Other free text-to-speech software can be downloaded
- The publishers’ lobbyist has told legislative leadership and the
ArizonaSchool Boards Association that this legislative will increase the cost
of textbook adoptions to public schools since Arizona is an “open territory”
state
Critical note #1
Texas, California, Kentucky, and Georgia require alternative
formats for all children with disabilities in their states. In fact,
Texas has required publishers to provide alternative formats for ALL children
with disabilities for the last 11 years. Braille laws in
26 other states, including Arizona, also
require electronic formats. The required electronic formats in 30
states will cover the majority of textbook adoptions in the next couple
of years AND only cost a few pennies apiece to duplicate.
Critical note #2
Assistant Secretary Bob Pasternack chairs a technical panel
of 40 experts, including Steve Driesler, the Executive Director the Association
of American Publishers-School Division. This panel recently developed the
National File Format (NFF), which are the technical specifications
to be voluntarily used by states and publishers so that there is uniformity
across states and publishers. The technical panel’s coordinator, Skip
Stahl, will give the final NFF recommendations to Secretary of Education Page
on October 24, 2003.
The National File Format goes from voluntary to required
two years after the Reauthorization of IDEA, which
includes textbook accessibility for the blind, is passed by Congress. In addition
to Braille translations, the electronic formats, which comply with the NFF
technical standards, can also be translated into other formats, such as a
CD-ROM or mp3 file.
The proposed federal legislation requires electronic formats for only
the blind, severely visually impaired, and orthopedically impaired students
who literally can’t hold a book or turn a page. Students with
other documented disabilities will not receive electronic formats
under the proposed Reauthorization. This appears to be highly discriminatory
under the American with Disabilities Act.
Proposed Legislation
for the 2004 Legislative Session
September 1, 2003 — Draft 13
REFERENCE TITLE: school textbooks; alternative format |
State of Arizona
House of Representatives
Forty-eighth Legislature
First Regular Session
2004 |
H. B. ____
Introduced by ____________________
|
AN ACT
AMENDING TITLE 15, CHAPTER 7, ARIZONA REVISED STATUTES, BY ADDING ARTICLE
2.1; RELATING TO ACCESSIBILITY TO TEXTBOOKS AND INSTRUCTIONAL MATERIALS.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 7, Arizona Revised Statutes, is amended by
adding article 2.1, to read:
ARTICLE 2.1. ACCESSIBILITY TO TEXTBOOKS AND INSTRUCTIONAL MATERIALS
15-731. Definitions
IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
1. "ALTERNATIVE FORMAT" MEANS ANY MEDIUM OR FORMAT FOR THE PRESENTATION
OF INSTRUCTIONAL MATERIALS THAT IS NEEDED BY A CHILD WITH AN INDIVIDUALIZED
EDUCATION PROGRAM OR A SECTION 504 PLAN FOR AN ACCOMMODATION OR MODIFICATION
OTHER THAN STANDARD PRINT, INCLUDING BRAILLE, LARGE PRINT, AUDIO RECORDINGS,
DIGITAL TEXT, AND DIGITAL TALKING BOOKS.
2. "AVAILABLE AUTHORIZED ENTITY" MEANS AN AUTHORIZED ENTITY, AS
DEFINED BY 17 UNITED STATES CODE SECTION 121, THAT COMMONLY PROVIDES ALTERNATIVE
FORMAT SCHOOL MATERIALS THAT ARE ACCESSIBLE BY SCHOOLS IN THIS STATE AND
WHO HAVE THE VENDOR’S AUTHORIZATION TO MAKE ALTERNATIVE FORMATS AS
WELL AS THE AMERICAN PUBLISHING HOUSE FOR THE BLIND AND RECORDING FOR THE
BLIND AND DYSLEXIC.
3. "CHILD WITH A DISABILITY" MEANS A PUPIL WHO IS SUBJECT TO THE
INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) OF 1997 (20 UNITED STATES
CODE SECTIONS 1400 THROUGH 1415) AND FUTURE REAUTHORIZATIONS OR A PUPIL
WITH A SECTION 504 PLAN.
4. "COMPARABLE VERSION" MEANS A COMMERCIALLY FEASIBLE ALTERNATIVE
FORMAT WHERE ALL ELEMENTS OF THE PRINTED VERSION OF A TEXT BOOK AND OTHER
ADOPTED INSTRUCTIONAL PRINTED CURRICULUM MATERIALS ARE PRESENT IN ELECTRONIC
OR OTHER ALTERNATIVE FORMATS THAT ARE ACCESSIBLE TO CHILDREN WITH DISABILITIES
WHO HAVE AN INDIVIDUALIZED EDUCATION PROGRAM OR SECTION 504 PLAN. AN ALTERNATIVE
FORMAT SHALL INCLUDE CORRECTIONS AND REVISIONS AS MAY BE NECESSARY TO ASSURE
CLARITY IN PRESENTATION AND USE. NAVIGATION WITHIN AND BETWEEN FILES SHOULD
BE REASONABLY EFFICIENT SO THAT THE CHILD WITH A DISABILITY IS ABLE TO FULLY
UTILIZE THE ADOPTED CURRICULUM MATERIALS IN A MANNER THAT YIELDS THE SAME
RESULTS AS THE PRINT VERSION AFFORDS A CHILD WITHOUT A DISABILITY.
5. "INDIVIDUALIZED EDUCATION PROGRAM" HAS THE SAME MEANING AS
DEFINED BY 20 UNITED STATES CODE SECTIONS 1401 AND 1412 AND SECTION 15-761,
PARAGRAPH 11 AND ALL FUTURE REAUTHORIZIATIONS.
6. "SECTION 504 PLAN" MEANS A WRITTEN STATEMENT DEVELOPED FOR
A PUPIL WITH A DISABILITY THAT INCLUDES THE PROVISION OF REGULAR OR SPECIAL
EDUCATION AND RELATED AIDS AND SERVICES, INCLUDING ASSISTIVE TECHNOLOGY,
THAT IS DESIGNED TO MEET INDIVIDUAL EDUCATIONAL NEEDS IN ACCORDANCE WITH
34 CODE OF FEDERAL REGULATIONS SECTION 104.
7. "VENDOR" MEANS A PERSON OR ENTITY THAT OFFERS SCHOOL MATERIALS
FOR COMMERCIAL SALE TO A SCHOOL DISTRICT, CHARTER SCHOOL, OR OTHER SCHOOL
THAT IS AT LEAST 75% PUBLICLY FUNDED.
15-732. Powers and duties; state board of education; governing boards; department
of education
1. ASSURE THAT THE DEPARTMENT OF EDUCATION SHALL REQUIRE ALL SCHOOL DISTRICTS,
CHARTER SCHOOLS, AND OTHER SCHOOLS THAT ARE AT LEAST SEVENTY-FIVE PER CENT
PUBLICLY FUNDED TO PURCHASE TEXTBOOKS, CORRESPONDING WORKBOOKS, AND OTHER
CORE ANY SUPPLEMENTAL PRINTED CURRICULUM MATERIALS, WHICH ARE PART OF THE
SCHOOL DISTRICT’S OR CHARTER SCHOOLS’ ADOPTION, ONLY FROM VENDORS
THAT OFFER THESE TEXTBOOKS ADOPTED PRINTED CURRICULUM MATERIALS IN ALTERNATIVE
FORMATS SUITABLE FOR USE BY PUPILS WITH SECTION 504 PLANS AND BY PUPILS
WHO ARE SUBJECT TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT OF 1997
(20 UNITED STATES CODE SECTIONS 1400 THROUGH 1415) AND ALL FUTURE REAUTHORIZATIONS
AS WELL AS REQUIRE THE VENDOR TO SUBMIT THE ALTERNATIVE FORMATS OR AN ELECTRONIC
FILE AT THE SAME TIME THE VENDOR’S BID PROPOSAL IS SUBMITTED. THIS
APPLIES TO ADOPTED PRINTED CURRICULUM MATERIALS WITH ORIGINAL COPYRIGHTS
OF 2002 OR LATER. THE DEPARTMENT OF EDUCATION SHALL ADOPT RULES BY MAY,
2005 THAT SPECIFY THE NATURE OF THE ACCEPTABLE ALTERNATIVE ELECTRONIC FORMATS
FROM WHICH BRAILLE AND OTHER ALTERNATIVE VERSIONS OF THE ADOPTED INSTRUCTIONAL
MATIERALS CAN BE PRODUCED, THE MEANS OF NOTIFICATION OF SCHOOL DISTRICTS,
CHARTER SCHOOLS, AND OTHER SCHOOLS THAT ARE AT LEAST SEVENTY-FIVE PER CENT
PUBLICLY FUNDED, AND THE METHOD OF ASSISTANCE TO THESE ENTITIES IN ENFORCING
THE RULES.
2. BEGINNING WITH BID PROPOSALS FOR THE 2006-2007 SCHOOL YEAR, THE GOVERNING
BOARD OF EACH SCHOOL DISTRICT, CHARTER SCHOOL, AND OTHER SCHOOL THAT IS
AT LEAST 75% PUBLICLY FUNDED SHALL PROVIDE WRITTEN NOTIFICATION OF THE REQUIREMENTS
OF THIS LAW AND SUBSEQUENT RULES AND REGULATIONS TO VENDORS WHEN SOLICITING
BIDS FOR TEXTBOOKS AND OTHER ADOPTED INSTRUCTIONAL MATERIALS.
3. THE COST OF THE ALTERNATIVE FORMAT FROM THE VENDOR SHALL NOT EXCEED THE
COST OF THE ADOPTED PRINTED TEXTBOOKS AND OTHER ADOPTED INSTRUCTIONAL MATERIALS.
A PRINT VERSION OF A TEXTBOOK AND OTHER ADOPTED PRINTED CURRICULUM MATERIALS
ARE NOT REQUIRED FOR A QUALIFYING CHILD IF THE COST OF THE ELECTRONIC OR
ALTERNATIVE VERSION IS EQUAL TO THE COST OF THE PRINT VERSION.
4. THIS SECTION DOES NOT PERMIT UNAUTHORIZED REPRODUCTIONS OR MODIFICATIONS
WITHOUT THE PERMISSION OF THE COPYRIGHT HOLDER, EXCEPT AS PROVIDED BY 17
UNITED STATES CODE SECTION 121."
5. NOTHING IN THIS SECTION REDUCES THE OBLIGATION OF THE STATE BOARD OF
EDUCATION AND THE GOVERNING BOARD OF A SCHOOL DISTRICT, CHARTER SCHOOL,
or other school that is at least 75% publicly funded TO PROVIDE FOR THE
INSTRUCTION OF VISUALLY IMPAIRED PUPILS IN THE USE OF BRAILLE OR to provide
BRAILLE TEXTBOOKS AS PRescribed in SECTION 15-214. |
Links
Arizona State Legislature: http://www.azleg.state.az.us/
Arizona State Department of Education: http://www.ade.state.az.us/
Contacts
Mary Platner, Arizona Council for Exceptional Children
E-mail: MSPlatner@aol.com
Back to Summary Page
Page updated December 10, 2003
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USA.
Telephone: +1 (781) 245-2212
Email:
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This Web Site was developed pursuant to cooperative agreement #H324H990004
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