The GIMC operates under the policies set by the Federal
and State Rules regarding the production and dissemination of accessible
educational materials. The following is a list of the most relevant sections of
the Policies affecting the distribution of accessible educational materials.
Additional information and brief history
of accessible materials is provided in this "Accessible
Media Introduction" PowerPoint link.
Definitions:
· Statute/Policy:
laws or rules passed by a body given the power to create such, (federal, state,
and local governments)
· Regulation: criterion
created by a non-legislative body setting compliance standards.
· Procedures: steps that an
organization uses to adhere to statutory or regulatory compliance.
Federal
The Individuals with Disabilities Education Improvement Act of
2004 (I.D.E.I.A.)
· Establishment of the
National Instructional Materials Access Center (NIMAC)
· Defined National
Instructional Materials Accessibility Standard (NIMAS)
· Created the provision of
Accessible Instructional Materials in IDEA of 2004
PL 108-446 Title I/B/612/a/23
(IDEIA Reauthorization 2004)
(23) Access to instructional materials. --
(A) In general. --The State adopts the
National Instructional Materials Accessibility Standard for the purposes of
providing instructional materials to blind persons or other persons with print
disabilities, in a timely manner after the publication of the National
Instructional Materials Accessibility Standard in the Federal Register.
(B) Rights of state educational agency.
--Nothing in this paragraph shall be construed to require any State educational
agency to coordinate with the National Instructional Materials Access Center.
If a State educational agency chooses not to coordinate with the National
Instructional Materials Access Center, such agency shall provide an assurance
to the Secretary that the agency will provide instructional materials to blind
persons or other persons with print disabilities in a timely manner.
(C) <<NOTE: Deadline.
Contracts.>> Preparation and delivery of files.--If a State educational
agency chooses to coordinate with the National Instructional Materials Access
Center, not later than 2 years after the date of enactment of the Individuals
with Disabilities Education Improvement Act of 2004, the agency, as part of any
print instructional materials adoption process, procurement contract, or other
practice or instrument used for purchase of print instructional materials,
shall enter into a written contract with the publisher of the print
instructional materials to--
(i) require the
publisher to prepare and, on or before 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; or
(ii) purchase
instructional materials from the publisher that are produced in, or may be
rendered in, specialized formats.
(D) Assistive technology. --In carrying
out this paragraph, the State educational agency, to the maximum extent
possible, shall work collaboratively with the State agency responsible for
assistive technology programs.
PL Title I/D/674/e/1-6 (IDEIA Reauthorization 2004)
(e) National Instructional Materials Access Center.
(1) <<NOTE: Establishment.
Deadline.>> In general. The Secretary shall establish and support,
through the American Printing House for the Blind, a center to be known as the
‘National Instructional Materials Access Center' not later than 1 year after
the date of enactment of the Individuals with
Disabilities Education Improvement Act of 2004.
(2) Duties. The duties of the National
Instructional Materials Access Center are the following:
(A) To receive and maintain a catalog of
print instructional materials prepared in the National Instructional Materials
Accessibility Standard, as established by the Secretary, made available to such
center by the textbook publishing industry, State educational agencies, and
local educational agencies.
(B) To provide access to print
instructional materials, including textbooks, in accessible media, free of
charge, to blind or other persons with print disabilities in elementary schools
and secondary schools, in accordance with such terms and procedures as the
National Instructional Materials Access Center may prescribe.
(C) To develop, adopt and publish
procedures to protect against copyright infringement, with respect to the print
instructional materials provided under sections 612(a)(23) and 613(a)(6).
(3) Definitions. In this subsection:
(A) Blind or other persons with print
disabilities. The term `blind or other persons with print disabilities' means children served
under this Act and who may qualify in
accordance with the Act entitled An Act to provide books for the adult blind',
approved March 3, 1931 (2 U.S.C. 135a; 46 Stat. 1487) to receive books and
other publications produced in specialized formats.
(B) National instructional materials
accessibility standard. The term `National Instructional Materials
Accessibility Standard' means the standard established by the Secretary to be
used in the preparation of electronic files suitable and used solely for
efficient conversion into specialized
formats.
(C) Print instructional materials. The
term `print instructional materials' means printed textbooks and related printed core materials that are
written and published primarily for use
in elementary school and secondary
school instruction and are required by a State
educational agency or local educational agency for use by students in the classroom.
(D) Specialized formats. The term
‘specialized formats’ has the meaning given the term in section 121(d)(3) of
title 17, United States Code.
(4) Applicability. This subsection shall
apply to print instructional materials published after the date on which the final
rule establishing the National Instructional Materials Accessibility Standard
was published in the Federal Register.
(5) Liability of the secretary. Nothing
in this subsection shall be construed to establish a private right of action
against the Secretary for failure to provide instructional materials directly,
or for failure by the National Instructional Materials Access Center to perform
the duties of such center, or to otherwise authorize a private right of action
related to the performance by such center, including through the application of
the rights of children and parents established under this Act.
(6) Inapplicability. Subsections (a)
through (d) shall not apply to this subsection.
(E) Definitions. --In this paragraph:
(i) National
Instructional Materials Access Center. --The term `National Instructional
Materials Access Center' means the center
established pursuant to section 674(e).
CFR TITLE 34—Subtitle B/Chapter III/Part 300.172 (State
Eligibility-Access to Instructional Materials)
(a) General. The State
must--
(1) Adopt the National Instructional Materials
Accessibility Standard (NIMAS), published as appendix C to part 300, for the
purposes of providing instructional materials to blind persons or other persons
with print disabilities, in a timely manner after publication of the NIMAS in
the Federal Register on July 19,2006 (71 FR 41084); and
(2) Establish a
State definition of "timely manner" for purposes of paragraphs (b)(2)
and (b)(3) of this section if the State is not coordinating with the National
Instructional Materials Access Center (NIMAC) or (b)(3) and (c)(2) of this
section if the State is coordinating with the NIMAC.
(b) Rights and responsibilities of
SEA.
(1) Nothing in this
section shall be construed to require any SEA to coordinate with the NIMAC.
(2) If an SEA
chooses not to coordinate with the NIMAC, the SEA must provide an assurance to
the Secretary that it will provide instructional materials to blind persons or
other persons with print disabilities in a timely manner.
(3) Nothing in this
section relieves an SEA of its responsibility to ensure that children with
disabilities who need instructional materials in accessible formats, but are
not included under the definition of blind or other persons with print
disabilities in Sec. 300.172(e)(1)(i) or who need materials that cannot be
produced from NIMAS files, receive those instructional materials in a timely
manner.
(4) In order to
meet its responsibility under paragraphs (b)(2), (b)(3), and (c) of this
section to ensure that children with disabilities who need instructional
materials in accessible formats are provided those materials in a timely
manner, the SEA must ensure that all public agencies take all reasonable steps
to provide instructional materials in accessible formats to children with
disabilities who need those instructional materials at the same time as other
children receive instructional materials.
(c) Preparation and delivery of files.
If an SEA chooses to coordinate with the NIMAC, as of December 3, 2006, the SEA
must--
(1) As part of any
print instructional materials adoption process, procurement contract, or other
practice or instrument used for purchase of print instructional materials, must
enter into a written contract with the publisher of the print instructional
materials to--
(i)
Require the publisher to prepare and, on or before delivery of the print
instructional materials, provide to NIMAC electronic files containing the
contents of the print instructional materials using the NIMAS; or
(ii)
Purchase instructional materials from the publisher that are produced in, or
may be rendered in, specialized formats.
(2) Provide
instructional materials to blind persons or other persons with print
disabilities in a timely manner.
(d) Assistive technology. In carrying
out this section, the SEA, to the maximum extent possible, must work
collaboratively with the State agency responsible for assistive technology
programs.
(e) Definitions.
(1) In this section
and Sec. 300.210--
(i)
Blind persons or other persons with print disabilities means children served
under this part who may qualify to receive books and other publications
produced in specialized formats in accordance with the Act entitled "An
Act to provide books for adult blind," approved March 3, 1931, 2 U.S.C
135a;
(ii)
National Instructional Materials Access Center or NIMAC means the center
established pursuant to section 674(e) of the Act;
(iii)
National Instructional Materials Accessibility Standard or NIMAS has the meaning
given the term in section 674(e)(3)(B) of the Act;
(iv)
Specialized formats has the meaning given the term in section 674(e)(3)(D) of
the Act.
(2) The definitions
in paragraph (e)(1) of this section apply to each State and LEA, whether or not
the State or LEA chooses to coordinate with the NIMAC. (Approved by the Office
of Management and Budget under control number 1820-0030)
(ii)
National instructional materials accessibility standard. --The term `National
Instructional Materials Accessibility Standard' has the meaning given the term
in section 674(e)(3)(A).
(iii)
Specialized formats. --The term `specialized formats’ has the meaning given the
term in section 674(e)(3)(D).
Pratt-Smoot Act, March 3, 1931
"In 1930, identical bills were introduced in
Congress by Representative Ruth Pratt (H.R. 11365) and Senator Reed Smoot (S.
4030), to provide adequate service on a national scale through an appropriation
to be expended under the direction of the Librarian of Congress. The
Pratt-Smoot Act became law on March 3, 1931. The following laws and regulations
authorize the provision of library service to people who are blind, visually
impaired, or have a physical disability." (website, retrieved April 29, 2020. The Act
has been amended to expand several times. The two most recent amendments are
listed below.
Public Law 104-197 (Chaffee Amendment)
· Extended the definition of copyright law
for the reproduction of materials for educational purposes without permission
from publishers, (addition to the original Pratt-Smoot Act).
(a) IN GENERAL--Chapter 1 of title 17,
United States Code, is amended by adding after section 120 the following new
section:
SEC.121. Limitations on exclusive
rights: reproduction for blind or other people with disabilities
(a) Notwithstanding the provisions of
sections 106 and 710, it is not an infringement of copyright for an authorized entity
to reproduce or to distribute copies or phonorecords of a previously published,
nondramatic literary work if such copies or phonorecords are reproduced or
distributed in specialized formats exclusively for use by blind or other
persons with disabilities.
(b)
(1) Copies or
phonorecords to which this section applies shall--
(A) not be
reproduced or distributed in a format other than a specialized format
exclusively for use by blind or other persons with disabilities;
(B) bear a notice
that any further reproduction or distribution in a format other than a
specialized format is an infringement; and
(C) include a
copyright notice identifying the copyright owner and the date of the original
publication.
(2) The provisions
of this subsection shall not apply to standardized, secure, or norm-referenced
tests and related testing material, or to computer programs, except the
portions thereof that are in conventional human language (including
descriptions of pictorial works) and displayed to users in the ordinary course
of using the computer programs.
(c) For purposes of this section, the
term--
(1) 'authorized
entity' means a nonprofit organization or a governmental agency that has a
primary mission to provide specialized services relating to training, education,
or adaptive reading or information access needs of blind or other persons with
disabilities;
(2) 'blind or other
persons with disabilities' means individuals who are eligible or who may
qualify in accordance with the Act entitled 'An Act to provide books for the
adult blind', approved March 3, 1931 (2 U.S.C. 35a; 46 Stat. 1487) to receive
books and other publications produced in specialized formats; and
(3) 'specialized
formats' means braille, audio, or digital text which is exclusively for use by blind
or other persons with disabilities.".
(b) TECHNICAL AND CONFORMING
AMENDMENT--The table of sections for chapter 1 of title 17, United States Code,
is amended by adding after the item relating to section 120 the following:
"121. Limitations on exclusive
rights: reproduction for blind or other people with disabilities.".
Public Law 115–261 115th Marrakesh Treaty Implementation Act, (addition to the original
Pratt-Smoot Act).
· Redefines eligibility categories for
print disabilities and open international sharing of print materials. Full text
of the Marrakesh treaty follows.
An Act to amend
title 17, United States Code, to implement the Marrakesh Treaty, and for other
purposes.
SEC. 2.
IMPLEMENTATION AMENDMENTS.
(a) In General.
Chapter 1 of title 17, United States Code, is amended (1) in section 121 (A)
in subsection (a)
(i)
by inserting ‘‘in the United States’’ after ‘‘distribute’’;
(ii)
by striking ‘‘, nondramatic’’;
(iii)
by inserting ‘‘or of a previously published musical work that has been fixed in
the form of text or notation’’ after ‘‘literary work’’;
(iv)
by striking ‘‘specialized formats’’ and inserting ‘‘accessible formats’’; and
(v)
by striking ‘‘blind or other persons with disabilities’’ and inserting
‘‘eligible persons’’;
(B) in subsection
(b)(1)—(i) in subparagraph (A)—
(I)
by inserting ‘‘in the United States’’ after ‘‘distributed’’;
(II)
by striking ‘‘a specialized format’’ and inserting ‘‘an accessible format’’;
and
(III)
by striking ‘‘blind or other persons with disabilities’’ and inserting
‘‘eligible persons’’; and
(ii) in
subparagraph (B), by striking ‘‘a specialized format’’ and inserting ‘‘an
accessible format’’;
(C) in subsection
(c)(3), by striking ‘‘specialized formats’’ and inserting ‘‘accessible
formats’’; and
(D) in subsection
(d)—
(i)
by striking paragraphs (2) and (4);
(ii)
by redesignating paragraph (1) as paragraph (2);
(iii)
by redesignating paragraph (3) as paragraph (4);
(iv)
by inserting before paragraph (2), as so Definitions. redesignated, the
following: ‘‘(1) ‘accessible format’
means an alternative manner or form that gives an eligible person access to the
work when the copy or phonorecord in the accessible format is used exclusively
by the eligible person to permit him or her to have access as feasibly and
comfortably as a person without such disability as described in paragraph
(3);’’;
(v)
by inserting after paragraph (2), as so redesignated, the following: ‘(3) ‘eligible
person’ means an individual who, regardless of any other disability—
‘‘(A)
is blind;
‘‘(B)
has a visual impairment or perceptual or reading disability that cannot be
improved to give visual function substantially equivalent to that of a person
who has no such impairment or disability and so is unable to read printed works
to substantially the same degree as a person without an impairment or
disability; or
‘‘(C)
is otherwise unable, through physical disability, to hold or manipulate a book
or to focus or move the eyes to the extent that would be normally acceptable
for reading; and’’; and
(vi)
in paragraph (4), as so redesignated, by striking ‘‘; and’’ at the end and
inserting a period; and
(2) by inserting
after section 121 the following: 17 USC 121A. ‘‘§ 121A. Limitations on
exclusive rights: reproduction for blind or other people with disabilities in
Marrakesh Treaty countries
‘‘(a)
Notwithstanding the provisions of sections 106 and 602, it is not an
infringement of copyright for an authorized entity, acting pursuant to this
section, to export copies or phonorecords of a previously published literary
work or of a previously published musical work that has been fixed in the form
of text or notation in accessible formats to another country when the
exportation is made either to—
‘‘(1)
an authorized entity located in a country that is a Party to the Marrakesh Treaty;
or
‘‘(2)
an eligible person in a country that is a Party to the Marrakesh Treaty, if
prior to the exportation of such copies or phonorecords, the authorized entity
engaged in the exportation did not know or have reasonable grounds to know that
the copies or phonorecords would be used other than by eligible persons.
‘‘(b)
Notwithstanding the provisions of sections 106 and 602, it is not an
infringement of copyright for an authorized entity or an eligible person, or
someone acting on behalf of an eligible person, acting pursuant to this
section, to import copies or phonorecords of a previously published literary
work or of a previously published musical work that has been fixed in the form
of text or notation in accessible formats.
‘‘(c)
In conducting activities under subsection (a) or (b), an authorized entity
shall establish and follow its own practices, in keeping with its particular
circumstances, to—
‘‘(1)
establish that the persons the authorized entity serves are eligible persons;
‘‘(2) limit to eligible persons and authorized
entities the distribution of accessible format copies by the authorized entity;
‘‘(3)
discourage the reproduction and distribution of unauthorized copies;
‘‘(4)
maintain due care in, and records of, the handling of copies of works by the
authorized entity, while respecting the privacy of eligible persons on an equal
basis with others; and
‘‘(5) facilitate effective cross-border
exchange of accessible format copies by making publicly available—
‘‘(A)
the titles of works for which the authorized entity has accessible format
copies or phonorecords and the specific accessible formats in which they are
available; and
‘‘(B)
information on the policies, practices, and authorized entity partners of the
authorized entity for the cross-border exchange of accessible format copies.
‘‘(d)
Nothing in this section shall be construed to establish—
‘‘(1)
a cause of action under this title; or
‘‘(2)
a basis for regulation by any Federal agency.
‘‘(e)
Nothing in this section shall be construed to limit the ability to engage in
any activity otherwise permitted under this title.
‘‘(f)
For purposes of this section—
‘‘(1)
the terms ‘accessible format’, ‘authorized entity’, and ‘eligible person’ have
the meanings given those terms in section 121; and
‘‘(2)
the term ‘Marrakesh Treaty’ means the Marrakesh Treaty to Facilitate Access to
Published Works by Visually Impaired Persons and Persons with Print
Disabilities concluded at Marrakesh, Morocco, on June 28, 2013.’’.
(b)TABLE OF
SECTIONS AMENDMENT. — The table of sections for chapter 1 of title 17, United
States Code, is amended by inserting after the item relating to section 121 the
following:
‘‘121A.
Limitations on exclusive rights: reproduction for blind or other people with
disabilities in Marrakesh Treaty countries.’’
Marrakesh Treaty to Facilitate Access to Published Works for
Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled
(Marrakesh Treaty)
Preamble
The Contracting Parties,
Recalling
the principles of non-discrimination, equal opportunity, accessibility and full
and effective participation and inclusion in society, proclaimed in the
Universal Declaration of Human Rights and the United Nations Convention on the
Rights of Persons with Disabilities,
Mindful
of the challenges that are prejudicial to the complete development of persons
with visual impairments or with other print disabilities, which limit their
freedom of expression, including the freedom to seek, receive and impart
information and ideas of all kinds on an equal basis with others, including
through all forms of communication of their choice, their enjoyment of the
right to education, and the opportunity to conduct research,
Emphasizing
the importance of copyright protection as an incentive and reward for literary
and artistic creations and of enhancing opportunities for everyone, including
persons with visual impairments or with other print disabilities, to
participate in the cultural life of the community, to enjoy the arts and to
share scientific progress and its benefits,
Aware
of the barriers of persons with visual impairments or with other print
disabilities to access published works in achieving equal opportunities in
society, and the need to both expand the number of works in accessible formats
and to improve the circulation of such works,
Taking into account
that the majority of persons with visual impairments or with other print
disabilities live in developing and least-developed countries,
Recognizing
that, despite the differences in national copyright laws, the positive impact
of new information and communication technologies on the lives of persons with
visual impairments or with other print disabilities may be reinforced by an
enhanced legal framework at the international level,
Recognizing
that many Member States have established limitations and exceptions in their
national copyright laws for persons with visual impairments or with other print
disabilities, yet there is a continuing shortage of available works in
accessible format copies for such persons, and that considerable resources are
required for their effort of making works accessible to these persons, and that
the lack of possibilities of cross-border exchange of accessible format copies
has necessitated duplication of these efforts,
Recognizing
both the importance of rightholders’ role in making their works accessible to
persons with visual impairments or with other print disabilities and the
importance of appropriate limitations and exceptions to make works accessible
to these persons, particularly when the market is unable to provide such
access,
Recognizing
the need to maintain a balance between the effective protection of the rights
of authors and the larger public interest, particularly education, research and
access to information, and that such a balance must facilitate effective and
timely access to works for the benefit of persons with visual impairments or
with other print disabilities,
Reaffirming
the obligations of Contracting Parties under the existing international treaties
on the protection of copyright and the importance and flexibility of the
three-step test for limitations and exceptions established in Article 9(2) of
the Berne Convention for the Protection of Literary and Artistic Works and
other international instruments,
Recalling
the importance of the Development Agenda recommendations, adopted in 2007 by
the General Assembly of the World Intellectual Property Organization (WIPO),
which aim to ensure that development considerations form an integral part of
the Organization’s work,
Recognizing
the importance of the international copyright system and desiring to harmonize
limitations and exceptions with a view to facilitating access to and use of
works by persons with visual impairments or with other print disabilities,
Have agreed as follows:
Article
1
Relation
to Other Conventions and Treaties
Nothing in this Treaty shall derogate
from any obligations that Contracting Parties have to each other under any
other treaties, nor shall it prejudice any rights that a Contracting Party has
under any other treaties.
Article
2
Definitions
For the purposes of this Treaty:
(a) "works" means literary
and artistic works within the meaning of Article 2(1) of the Berne Convention
for the Protection of Literary and Artistic Works, in the form of text,
notation and/or related illustrations, whether published or otherwise made
publicly available in any media [1];
(b) "accessible format copy"
means a copy of a work in an alternative manner or form which gives a
beneficiary person access to the work, including to permit the person to have
access as feasibly and comfortably as a person without visual impairment or
other print disability. The accessible
format copy is used exclusively by beneficiary persons and it must respect the
integrity of the original work, taking due consideration of the changes needed
to make the work accessible in the alternative format and of the accessibility
needs of the beneficiary persons;
(c) "authorized entity"
means an entity that is authorized or recognized by the government to provide
education, instructional training, adaptive reading or information access to
beneficiary persons on a non-profit basis.
It also includes a government institution or non-profit organization
that provides the same services to beneficiary persons as one of its primary
activities or institutional obligations [2].
An authorized entity establishes and
follows its own practices:
(i)
to establish that the persons it serves are beneficiary persons;
(ii) to limit to beneficiary persons
and/or authorized entities its distribution and making available of accessible
format copies;
(iii) to discourage the reproduction,
distribution and making available of unauthorized copies; and
(iv) to maintain due care in, and
records of, its handling of copies of works, while respecting the privacy of
beneficiary persons in accordance with Article 8.
Article
3
Beneficiary
Persons
A beneficiary person is a person who:
(a) is blind;
(b) has a visual impairment or a
perceptual or reading disability which cannot be improved to give visual
function substantially equivalent to that of a person who has no such
impairment or disability and so is unable to read printed works to
substantially the same degree as a person without an impairment or
disability; or
(c) is otherwise unable, through
physical disability, to hold or manipulate a book or to focus or move the eyes
to the extent that would be normally acceptable for reading;
regardless of any other disabilities.
Article
4
National
Law Limitations and Exceptions Regarding Accessible Format Copies
1.
(a) Contracting
Parties shall provide in their national copyright laws for a limitation or
exception to the right of reproduction, the right of distribution, and the
right of making available to the public as provided by the WIPO Copyright
Treaty (WCT), to facilitate the availability of works in accessible format
copies for beneficiary persons. The
limitation or exception provided in national law should permit changes needed
to make the work accessible in the alternative format.
(b) Contracting
Parties may also provide a limitation or exception to the right of public
performance to facilitate access to works for beneficiary persons.
2. A Contracting Party may fulfill
Article 4(1) for all rights identified therein by providing a limitation or
exception in its national copyright law such that:
(a) Authorized
entities shall be permitted, without the authorization of the copyright
rightholder, to make an accessible format copy of a work, obtain from another
authorized entity an accessible format copy, and supply those copies to
beneficiary persons by any means, including by non-commercial lending or by
electronic communication by wire or wireless means, and undertake any
intermediate steps to achieve those objectives, when all of the following
conditions are met:
(i) the authorized entity wishing to undertake
said activity has lawful access to that work or a copy of that work;
(ii) the work is
converted to an accessible format copy, which may include any means needed to
navigate information in the accessible format, but does not introduce changes
other than those needed to make the work accessible to the beneficiary person;
(iii) such
accessible format copies are supplied exclusively to be used by beneficiary
persons; and
(iv) the activity
is undertaken on a non-profit basis;
and
(b) A beneficiary
person, or someone acting on his or her behalf including a primary caretaker or
caregiver, may make an accessible format copy of a work for the personal use of
the beneficiary person or otherwise may assist the beneficiary person to make
and use accessible format copies where the beneficiary person has lawful access
to that work or a copy of that work.
3. A Contracting Party may fulfill
Article 4(1) by providing other limitations or exceptions in its national
copyright law pursuant to Articles 10 and 11 [4].
4. A Contracting Party may confine
limitations or exceptions under this Article to works which, in the particular
accessible format, cannot be obtained commercially under reasonable terms for
beneficiary persons in that market. Any
Contracting Party availing itself of this possibility shall so declare in a
notification deposited with the Director General of WIPO at the time of
ratification of, acceptance of or accession to this Treaty or at any time
thereafter.
5. It shall be a matter for national
law to determine whether limitations or exceptions under this Article are
subject to remuneration.
Article
5
Cross-Border
Exchange of Accessible Format Copies
1. Contracting Parties shall provide
that if an accessible format copy is made under a limitation or exception or
pursuant to operation of law, that accessible format copy may be distributed or
made available by an authorized entity to a beneficiary person or an authorized
entity in another Contracting Party [6].
2. A Contracting Party may fulfill
Article 5(1) by providing a limitation or exception in its national copyright
law such that:
(a) authorized
entities shall be permitted, without the authorization of the rightholder, to
distribute or make available for the exclusive use of beneficiary persons
accessible format copies to an authorized entity in another Contracting Party;
and
(b) authorized
entities shall be permitted, without the authorization of the rightholder and
pursuant to Article 2(c), to distribute or make available accessible format
copies to a beneficiary person in another Contracting Party;
provided
that prior to the distribution or making available the originating authorized
entity did not know or have reasonable grounds to know that the accessible
format copy would be used for other than beneficiary persons.
3. A Contracting Party may fulfill
Article 5(1) by providing other limitations or exceptions in its national
copyright law pursuant to Articles 5(4), 10 and 11.
4.
(a) When an
authorized entity in a Contracting Party receives accessible format copies
pursuant to Article 5(1) and that Contracting Party does not have obligations
under Article 9 of the Berne Convention, it will ensure, consistent with its
own legal system and practices, that the accessible format copies are only
reproduced, distributed or made available for the benefit of beneficiary
persons in that Contracting Party’s jurisdiction.
(b) The
distribution and making available of accessible format copies by an authorized
entity pursuant to Article 5(1) shall be limited to that jurisdiction unless
the Contracting Party is a Party to the WIPO Copyright Treaty or otherwise
limits limitations and exceptions implementing this Treaty to the right of
distribution and the right of making available to the public to certain special
cases which do not conflict with a normal exploitation of the work and do not
unreasonably prejudice the legitimate interests of the rightholder.
(c) Nothing in this
Article affects the determination of what constitutes an act of distribution or
an act of making available to the public.
5. Nothing in this Treaty shall be
used to address the issue of exhaustion of rights.
Article
6
Importation
of Accessible Format Copies
To the extent that the national law of
a Contracting Party would permit a beneficiary person, someone acting on his or
her behalf, or an authorized entity, to make an accessible format copy of a
work, the national law of that Contracting Party shall also permit them to
import an accessible format copy for the benefit of beneficiary persons,
without the authorization of the rightholder.
Article7
Obligations
Concerning Technological Measures
Contracting Parties shall take
appropriate measures, as necessary, to ensure that when they provide adequate
legal protection and effective legal remedies against the circumvention of
effective technological measures, this legal protection does not prevent
beneficiary persons from enjoying the limitations and exceptions provided for
in this Treaty.
Article
8
Respect
for Privacy
In the implementation of the
limitations and exceptions provided for in this Treaty, Contracting Parties
shall endeavor to protect the privacy of beneficiary persons on an equal basis
with others.
Article
9
Cooperation
to Facilitate Cross-Border Exchange
1. Contracting Parties shall endeavor
to foster the cross-border exchange of accessible format copies by encouraging
the voluntary sharing of information to assist authorized entities in
identifying one another. The
International Bureau of WIPO shall establish an information access point for
this purpose.
2. Contracting Parties undertake to
assist their authorized entities engaged in activities under Article 5 to make
information available regarding their practices pursuant to Article 2(c), both
through the sharing of information among authorized entities, and through
making available information on their policies and practices, including related
to cross-border exchange of accessible format copies, to interested parties and
members of the public as appropriate.
3. The International Bureau of WIPO is
invited to share information, where available, about the functioning of this
Treaty.
4. Contracting Parties recognize the
importance of international cooperation and its promotion, in support of
national efforts for realization of the purpose and objectives of this Treaty [12].
Article 10
General
Principles on Implementation
1. Contracting Parties undertake to
adopt the measures necessary to ensure the application of this Treaty.
2. Nothing shall prevent Contracting
Parties from determining the appropriate method of implementing the provisions
of this Treaty within their own legal system and practice.
3. Contracting Parties may fulfill
their rights and obligations under this Treaty through limitations or
exceptions specifically for the benefit of beneficiary persons, other
limitations or exceptions, or a combination thereof, within their national
legal system and practice. These may
include judicial, administrative or regulatory determinations for the benefit
of beneficiary persons as to fair practices, dealings or uses to meet their
needs consistent with the Contracting Parties’ rights and obligations under the
Berne Convention, other international treaties, and Article 11.
Article
11
General
Obligations on Limitations and Exceptions
In adopting measures necessary to
ensure the application of this Treaty, a Contracting Party may exercise the
rights and shall comply with the obligations that that Contracting Party has
under the Berne Convention, the Agreement on Trade-Related Aspects of
Intellectual Property Rights and the WIPO Copyright Treaty, including their
interpretative agreements so that:
(a) in accordance with Article 9(2) of
the Berne Convention, a Contracting Party may permit the reproduction of works
in certain special cases provided that such reproduction does not conflict with
a normal exploitation of the work and does not unreasonably prejudice the
legitimate interests of the author;
(b) in accordance with Article 13 of
the Agreement on Trade-Related Aspects of Intellectual Property Rights, a
Contracting Party shall confine limitations or exceptions to exclusive rights
to certain special cases which do not conflict with a normal exploitation of
the work and do not unreasonably prejudice the legitimate interests of the
rightholder;
(c) in accordance with Article 10(1)
of the WIPO Copyright Treaty, a Contracting Party may provide for limitations
of or exceptions to the rights granted to authors under the WCT in certain
special cases, that do not conflict with a normal exploitation of the work and
do not unreasonably prejudice the legitimate interests of the author;
(d) in accordance with Article 10(2)
of the WIPO Copyright Treaty, a Contracting Party shall confine, when applying
the Berne Convention, any limitations of or exceptions to rights to certain special
cases that do not conflict with a normal exploitation of the work and do not
unreasonably prejudice the legitimate interests of the author.
Article
12
Other
Limitations and Exceptions
1. Contracting Parties recognize that
a Contracting Party may implement in its national law other copyright
limitations and exceptions for the benefit of beneficiary persons than are
provided by this Treaty having regard to that Contracting Party’s economic
situation, and its social and cultural needs, in conformity with that
Contracting Party's international rights and obligations, and in the case of a
least-developed country taking into account its special needs and its
particular international rights and obligations and flexibilities thereof.
2. This Treaty is without prejudice to
other limitations and exceptions for persons with disabilities provided by
national law.
Article
13
Assembly
1.
(a) The Contracting
Parties shall have an Assembly.
(b) Each
Contracting Party shall be represented in the Assembly by one delegate who may
be assisted by alternate delegates, advisors and experts.
(c) The expenses of
each delegation shall be borne by the Contracting Party that has appointed the
delegation. The Assembly may ask WIPO to
grant financial assistance to facilitate the participation of delegations of
Contracting Parties that are regarded as developing countries in conformity
with the established practice of the General Assembly of the United Nations or
that are countries in transition to a market economy.
2.
(a) The Assembly
shall deal with matters concerning the maintenance and development of this
Treaty and the application and operation of this Treaty.
(b) The Assembly
shall perform the function allocated to it under Article 15 in respect of the
admission of certain intergovernmental organizations to become party to this
Treaty.
(c) The Assembly
shall decide the convocation of any diplomatic conference for the revision of
this Treaty and give the necessary instructions to the Director General of WIPO
for the preparation of such diplomatic conference.
3.
(a) Each
Contracting Party that is a State shall have one vote and shall vote only in
its own name.
(b) Any Contracting
Party that is an intergovernmental organization may participate in the vote, in
place of its Member States, with a number of votes equal to the number of its
Member States which are party to this Treaty.
No such intergovernmental organization shall participate in the vote if
any one of its Member States exercises its right to vote and vice versa.
4. The Assembly shall meet upon
convocation by the Director General and, in the absence of exceptional
circumstances, during the same period and at the same place as the General
Assembly of WIPO.
5. The Assembly shall endeavor to take
its decisions by consensus and shall establish its own rules of procedure,
including the convocation of extraordinary sessions, the requirements of a
quorum and, subject to the provisions of this Treaty, the required majority for
various kinds of decisions.
Article
14
International
Bureau
The International Bureau of WIPO shall
perform the administrative tasks concerning this Treaty.
Article
15
Eligibility
for Becoming Party to the Treaty
1. Any Member State of WIPO may become
party to this Treaty.
2. The Assembly may decide to admit
any intergovernmental organization to become party to this Treaty which
declares that it is competent in respect of, and has its own legislation
binding on all its Member States on, matters covered by this Treaty and that it
has been duly authorized, in accordance with its internal procedures, to become
party to this Treaty.
3. The European Union, having made the
declaration referred to in the preceding paragraph at the Diplomatic Conference
that has adopted this Treaty, may become party to this Treaty.
Article
16
Rights
and Obligations Under the Treaty
Subject to any specific provisions to
the contrary in this Treaty, each Contracting Party shall enjoy all of the
rights and assume all of the obligations under this Treaty.
Article
17
Signature
of the Treaty
This Treaty shall be open for
signature at the Diplomatic Conference in Marrakesh, and thereafter at the
headquarters of WIPO by any eligible party for one year after its adoption.
Article
18
Entry
into Force of the Treaty
This Treaty shall enter into force
three months after 20 eligible parties referred to in Article 15 have deposited
their instruments of ratification or accession.
Article
19
Effective
Date of Becoming Party to the Treaty
This Treaty shall bind:
(a) the 20 eligible parties referred
to in Article 18, from the date on which this Treaty has entered into force.
(b) each other eligible party referred
to in Article 15, from the expiration of three months from the date on which it
has deposited its instrument of ratification or accession with the Director
General of WIPO.
Article
20
Denunciation
of the Treaty
This Treaty may be denounced by any
Contracting Party by notification addressed to the Director General of
WIPO. Any denunciation shall take effect
one year from the date on which the Director General of WIPO received the
notification.
Article
21
Languages
of the Treaty
1. This Treaty is signed in a single
original in English, Arabic, Chinese, French, Russian and Spanish languages,
the versions in all these languages being equally authentic.
2. An official text in any language
other than those referred to in Article 21(1) shall be established by the
Director General of WIPO on the request of an interested party, after
consultation with all the interested parties.
For the purposes of this paragraph, "interested party" means
any Member State of WIPO whose official language, or one of whose official
languages, is involved and the European Union, and any other intergovernmental
organization that may become party to this Treaty, if one of its official
languages is involved.
Article 22
Depositary
The Director General of WIPO is the
depositary of this Treaty.
Done in Marrakesh on the 27th day of
June 2013.
Agreed statement concerning Article
2(a):
For the purposes of this Treaty, it is understood that this definition
includes such works in audio form, such as audiobooks.
Agreed statement concerning Article
2(c):
For the purposes of this Treaty, it is understood that "entities
recognized by the government" may include entities receiving financial
support from the government to provide education, instructional training,
adaptive reading or information access to beneficiary persons on a non-profit
basis.
Agreed statement concerning Article
3(b):
Nothing in this language implies that "cannot be improved"
requires the use of all possible medical diagnostic procedures and treatments.
Agreed statement concerning Article
4(3):
It is understood that this paragraph neither reduces nor extends the
scope of applicability of limitations and exceptions permitted under the Berne
Convention, as regards the right of translation, with respect to persons with
visual impairments or with other print disabilities.
Agreed statement concerning Article
4(4):
It is understood that a commercial availability requirement does not
prejudge whether or not a limitation or exception under this Article is
consistent with the three-step test.
Agreed statement concerning Article
5(1):
It is further understood that nothing in this Treaty reduces or extends
the scope of exclusive rights under any other treaty.
Agreed statement concerning Article
5(2):
It is understood that, to distribute or make available accessible format
copies directly to a beneficiary person in another Contracting Party, it may be
appropriate for an authorized entity to apply further measures to confirm that
the person it is serving is a beneficiary person and to follow its own
practices as described in Article 2(c).
Agreed statement concerning Article
5(4)(b):
It is understood that nothing in this Treaty requires or implies that a
Contracting Party adopt or apply the three-step test beyond its obligations
under this instrument or under other international treaties.
Agreed statement concerning Article
5(4)(b):
It is understood that nothing in this Treaty creates any obligations for
a Contracting Party to ratify or accede to the WCT or to comply with any of its
provisions and nothing in this Treaty prejudices any rights, limitations and
exceptions contained in the WCT.
Agreed statement concerning Article 6: It is understood that the Contracting Parties
have the same flexibilities set out in Article 4 when implementing their
obligations under Article 6.
Agreed statement concerning Article 7: It is understood that authorized entities, in
various circumstances, choose to apply technological measures in the making,
distribution and making available of accessible format copies and nothing
herein disturbs such practices when in accordance with national law.
Agreed statement concerning Article 9: It is understood that Article 9 does not
imply mandatory registration for authorized entities nor does it constitute a
precondition for authorized entities to engage in activities recognized under
this Treaty; but it provides for a
possibility for sharing information to facilitate the cross-border exchange of
accessible format copies.
Agreed statement concerning Article
10(2):
It is understood that when a work qualifies as a work under Article
2(a), including such works in audio form, the limitations and exceptions provided
for by this Treaty apply mutatis mutandis to related rights as necessary
to make the accessible format copy, to distribute it and to make it available
to beneficiary persons.
36 CFR 701.10 National
Library Service Loans of library materials for blind and other physically
handicapped persons.
a. Program. In connection with the
Library's program of service under the act of March 3, 1931 (46 Stat. 1487), as
amended, its National Library Service for the Blind and Physically Handicapped
provides books in raised characters (braille), on sound reproduction
recordings, or in any other form, under regulations established by the
Librarian of Congress. The National Library Service also provides and maintains
reproducers for such sound reproduction recordings for the use of blind and
other physically handicapped residents of the United States, including the
several States, Territories, Insular Possessions, and the District of Columbia,
and American citizens temporarily domiciled abroad.
b. Eligibility Criteria.
1. The following
persons are eligible for such service:
i. Blind
persons whose visual acuity, as determined by competent authority, is 20/200 or
less in the better eye with correcting glasses, or whose widest diameter if
visual field subtends an angular distance no greater than 20 degrees.
ii. Persons
whose visual disability, with correction and regardless of optical measurement,
is certified by competent authority as preventing the reading of standard
printed material.
iii. Persons
certified by competent authority as unable to read or unable to use standard
printed material as a result of physical limitations.
iv. Persons
certified by competent authority as having a reading disability resulting from
organic dysfunction and of sufficient severity to prevent their reading printed
material in a normal manner.
2. In connection
with eligibility for loan services "competent authority" is defined
as follows:
i. In cases of
blindness, visual disability, or physical limitations "competent
authority" is defined to include doctors of medicine, doctors of
osteopathy, ophthalmologists, optometrists, registered nurses, therapists,
professional staff of hospitals, institutions, and public or welfare agencies
(e.g., social workers, case workers, counselors, rehabilitation teachers, and
superintendents). In the absence of any of these, certification may be made by
professional librarians or by any persons whose competence under specific
circumstances is acceptable to the Library of Congress.
ii. In the
case of reading disability from organic dysfunction, competent authority is
defined as doctors of medicine who may consult with colleagues in associated
disciplines.
c. Loans through regional libraries.
Sound reproducers are lent to individuals and appropriate centers through
agencies, libraries, and other organizations designated by the Librarian of
Congress to service specific geographic areas, to certify eligibility of
prospective readers, and to arrange for maintenance and repair of reproducers.
Libraries designated by the Librarian of Congress serve as local or regional
centers for the direct loan of such books, reproducers, or other specialized
material to eligible readers in specific geographic areas. They share in the
certification of prospective readers, and utilize all available channels of
communication to acquaint the public within their jurisdiction with all aspects
of the program.
d. National collections. The Librarian
of Congress, through the National Library Service for the Blind and Physically
Handicapped, defines regions and determines the need for new regional libraries
in cooperation with other libraries or agencies whose activities are primarily
concerned with the blind and physically handicapped. It serves as the center
from which books, recordings, sound reproducers, and other specialized
materials are lent to eligible blind and physically handicapped readers who may
be temporarily domiciled outside the jurisdictions enumerated by the act. It
maintains a special collection of books in raised characters and on sound
reproduction recordings not housed in regional libraries and makes these
materials available to eligible borrowers on interlibrary loan.
e. Institutions. The reading materials
and sound reproducers for the use of blind and physically handicapped persons
may be loaned to individuals who qualify, to institutions such as nursing homes
and hospitals, and to schools for the blind or physically handicapped for the
use of such persons only. The reading materials and sound reproducers may also
be used in public or private schools where handicapped students are enrolled;
however, the students in public or private schools must be certified as
eligible on an individual basis and must be the direct and only recipients of
the materials and equipment.
f. Musical scores. The National
Library Service also maintains a library of musical scores, instructional
texts, and other specialized materials for the use of the blind and other
physically handicapped residents of the United States and its possessions in furthering
their educational, vocational, and cultural opportunities in the field of
music. Such scores, texts, and materials are made available on a loan basis
under regulations developed by the Librarian of Congress in consultation with
persons, organizations, and agencies engaged in work for the blind and for
other physically handicapped persons.
g. Veterans. In the lending of such
books, recordings, reproducers, musical scores, instructional texts, and other
specialized materials, preference shall be at all times given to the needs of
the blind and other physically handicapped persons who have been honorably
discharged from the Armed Forces of the United States.
h. Inquiries for information relative
to the prescribed procedures and regulations governing such loans and requests
for loans should be addressed to: Director, National Library Service for the
Blind and Physically Handicapped, Library of Congress, Washington, DC 20542.
[39 Federal Register 20203, June 7,
1974, as amended at 46 Federal Register 48661, Oct. 2, 1981]
State Rules
160-4-4.10 (Instructional Materials Selection and
Recommendation)
(1) DEFINITIONS.
(a)
Agreement – the document that states a publisher is in compliance with certain
specifications and conditions.
(b)
Georgia Learning Resources Guide (state guide) - those learning resources that
have been state-recommended.
(c)
Learning Resources – instructional materials and content to include but not
limited to systematically designed material in any medium, including digital
instructional materials and content and any computer hardware, software, and
technical equipment necessary to support such instructional materials and
content that constitute the principal source of study for a state funded course
to be used in the various grades in the public schools of this state, including
the elementary grades and high school grades. Learning resources include
textbooks, ebooks, software, online materials and programs and specialized
formats, i.e., Braille, audio, digital, DVDs, large print or other versions.
Instructional resources shall also include any materials previously defined by
the State Board as “textbook/instructional materials”. The Board does not
intend any change in this rule to have any effect on current or past textbook
contracts.
(d)
Learning Resources Recommendation Cycle And Process (recommendation cycle) -
the period of time when state recommendation takes place for each program area
in all state-funded courses as specified in Rule 160-4-2-.20 State-Funded K-8
Subjects and 9-12 Courses for Students Entering Ninth Grade in 2008 and
Subsequent Years. In each year of the cycle, state recommendation activities
and events take place for a different group of state-funded courses which
results in state recommendation and a state guide. These activities and events
are contingent upon budget funding.
(e)
State Learning Resources Advisory Committee (state committee) - individuals
recommended by the State Board of Education and the state superintendent of
schools and approved by the State Board of Education to examine learning
resources and to make recommendations.
(f)
State Learning Resources recommendation (state recommendation) - the action,
taken by the State Board of Education on recommendation from the state
committee, that identifies those learning resources that are recommended to
local school systems.
(2) REQUIREMENTS
FOR LOCAL SCHOOL SYSTEMS.
(a)
Each local school system shall update annually and have on file in the
superintendent’s office an implementation plan for the adoption of leaning
resources which is based upon but not limited to the most recent state
recommendation for the given subject area(s).
(3) INSTRUCTIONAL
MATERIALS AND CONTENT
(a)
As used in Code Section 20-2-1017, the term “locally approved instructional materials
and content” means instructional materials and content, as defined by the State
Board of Education pursuant to Code Section 20-2-1010, which constitute the
principal source of study for a state funded course, not including
supplementary or ancillary material, which is adopted by a local board of
education or used by a local school system. Supplementary or ancillary material
includes, but is not limited to, articles, online simulations, worksheets,
novels, biographies, speeches, videos, music, and similar resources in any
medium, including both physical or digital.
(b)
Each local board of education shall establish a review and recommendation
process for any locally approved instructional materials and content that are
adopted or used by the local school system. Such process shall include notice
to parents and guardians by the most practical means, which may be accomplished
in the same manner as other notices to parents and guardians, and the
opportunity for public comment and parental input prior to the adoption or use
of any proposed instructional materials and content. As part of such process,
the local board of education shall post in a prominent location on its website,
and make available for review in print form upon request, a list of proposed instructional
materials and content for public review, including the version or edition
number, if applicable; the state funded course number for which the
instructional resource will be used, if applicable; and the identification
number, in accordance with any guidelines established by the State Board of
Education.
(c)
(1)
Each local board of education shall make all proposed and locally approved
instructional materials and content used by the local school system available
for review on site upon request. Each local board of education shall make any
supplementary or ancillary material used by the local school system at a school
available for review upon request by any parent of a student in the school or
who will be matriculating to such school. The local board of education may
specify reasonable hours for review.
(2)
Each local board of education shall designate at least one employee to serve as
the contact person for any inquiries related to or requests for review of
locally approved instructional materials and content and supplementary or
ancillary material and to coordinate its efforts to comply with and carry out
its responsibilities under this Code section.
(d)
In addition, each local school system and each school which maintains a website
shall post in a prominent location on such website a list of the locally
approved instructional materials and content that are used by such school
system or school. For each locally approved instructional resource, such list
shall include the version or edition number, if applicable; the state funded
course number for which the instructional resource will be used, if applicable;
and the identification number, in accordance with any guidelines established by
the State Board of Education.
(4) MINIMUM
REQUIREMENTS FOR PUBLISHERS.
(a)
Publishers shall adhere to the terms and conditions set forth in the current
year’s Georgia Learning Resources Recommendation Agreement.
(b)
Publishers shall annually submit required forms to the Department by
established deadlines. These forms are available from the Department.
(c)
Publishers shall deliver learning resources submitted for review and possible
recommendation to specific evaluation sites on dates set by the Department.
(d)
Publishers shall guarantee that any non-consumable student learning resource or
any electronic medium submitted for recommendation shall withstand normal use
during the specified recommendation cycle and shall also agree to replace
immediately, at no cost to the ordering school system, any such items that do
not stand up to normal use.
(e)
Publishers shall guarantee the timely delivery of learning resources to school
systems.
(f)
Publishers shall sell learning resources to local school systems at the lowest
price offered to any state or school district in the United States during the
period of the recommendation. Publishers shall also guarantee that prices
submitted as part of the agreement shall be the fixed maximum costs for those
materials over the period of the recommendation agreement. Publishers shall
automatically reduce the price of said learning resources to the State Board of
Education and/or any Georgia school system to the extent that reductions are
made elsewhere in the United States.
(g)
Publishers shall furnish to each local school system purchasing the recommended
learning resources those items that are free of charge, such as on teacher’s
edition for each teacher using classroom sets of the recommended ordered
learning resources. If a publisher makes any additional learning resources
available at no charge to one school system, it shall make the same learning
resources available at no charge to all other school systems purchasing the
recommended learning resources.
(h) Publishers,
publishing agents or any group or individual with a vested interest in the
learning resources being evaluated are prohibited from contacting a state
committee member for the purpose of influencing the evaluation of learning
resources by the committee. In the event that such contact is identified, the
state committee is authorized to present a recommendation to the State Board of
Education that may result in the removal of submitted leaning resources of the
publisher from recommendation consideration.
(i) Appeals
regarding decision made by the Learning Resources Advisory Committee or the
Georgia Department of Education shall be made in writing to the state
superintendent of schools within 10 working days of the date of written
notification to the publisher of the committee’s recommendations. The appeal
shall specify the decision being appealed. The state superintendent shall
submit the appeal for resolution to the State Board of Education.
1. Prior to making
its decision, the State Board of Education may either require submission of
additional information from the Learning Resources Advisory Committee or the
party submitting the appeal, or it may require reconsideration of the
recommendation(s) by the Learning Resources Advisory Committee.
(j) Any publisher
desiring to request a waiver of any requirement shall follow procedures
established in Rule 160-1-3-.02 Suspension of Rules and Laws (Waiver).
Authority:
O.C.G.A § 20-2-133; 20-2-168(b); 20-2-1010; 20-2-1011; 20-2-1012; 20-2-103;
20-2-1014; 20-2-1015; 20-2-1017
Adopted: August 18, 2016 Effective:
September 8, 2016
160-4-4-.20 (Instructional Materials Advisory Committee)
(1) DEFINITIONS.
(a)
Learning Resources – instructional materials and content to include but not be
limited to systematically designed material in any medium, including digital
instructional materials and content and any computer hardware, software, and
technical equipment necessary to support such instructional materials and
content, that constitutes the principal source of study for a state funded
course to be used in the various grades in the public schools of this state,
including the elementary grades and high school grades. Learning resources
include textbooks, ebooks, software, on-line material and programs and
specialized formats, i.e., Braille, audio, digital, DVDs, large-print or other
versions. Instructional resources shall also include any materials previously
defined by the State Board as "textbook/instructional materials." The
Board does not intend any change in this rule to have any effect on current or
past textbook contracts.
(b)
State Learning Resources Advisory Committee (state committee) – individuals
recommended by State Board members and the state superintendent of schools and
approved by the State Board to examine learning resources and to make
recommendations.
(c)
State learning resources recommendation (state recommendation) - those learning
resources that have been approved by the State Board of Education on
recommendations from the state committee, that identifies those learning
resources that may be purchased by local school systems with state funds.
(2) REQUIREMENTS.
(a)
The State Board of Education may select a committee or committees of educators
actually engaged in public school work in this state to examine instructional
materials and content and make recommendations thereon to the state board. Such
committee or committees may consist of such number of educators as the state
board may deem advisable. They may serve for such time and for such duties as
the state board may prescribe and may receive such compensation as may be fixed
by the state board.
(b)
In the event that the State Board of Education elects to provide for state
approved instructional materials and content, the State Board of Education
shall establish a review and recommendation process in accordance with this
paragraph. Such process shall include the opportunity for public comment and
parental input prior to the adoption of any proposed instructional materials
and content. As part of such process, the State Board of Education shall post in
a prominent location on its website a list of proposed instructional materials
and content for public review, including the version or edition number, if
applicable; the state-funded course number for which the instructional resource
will be used; and the identification number, in accordance with any guidelines
established by the State Board of Education. The State Board of Education shall
make all state approved instructional materials and content available for
review upon request and may specify reasonable hours for review. If state
instructional materials and content are approved, the state board shall
designate at least one employee to serve as the contact person for any
inquiries related to or requests for review of state approved instructional
materials and content and to coordinate its efforts to comply with and carry
out its responsibilities under this subsection.
(c)
Each state committee shall be approved by the state board and shall be composed
of members representative of the subject area(s)/grade(s) being recommended.
They shall be selected from each congressional district by State Board members
and from the state at large by the state superintendent of schools. Appointees
shall include educators from public schools and the lay public.
1.
Appointees shall serve until a new committee is appointed to be responsible for
consideration of the same subject area(s)/grade(s).
2.
The state committee shall:
(i)
Assure that all learning resources submitted during the recommendation process
are evaluated in local communities;
(ii)
Assure that only those learning resources considered to be of the highest
quality are recommended for state recommendation;
(iii)
Have open meetings; and
(iv)
Present to the state board a list of recommended titles.
(d)
Members of the state committee shall not have been employed within the
preceding two years by any publisher, producer or distributor of learning
resources. Members shall be released from the committee if they accept
employment with any author, producer, publisher or distributor of learning
resources while serving on the state committee.
(e)
While serving on the state committee, members shall not receive any item of
value from any author, producer, publisher or distributor of learning
resources, except for copies of the sample learning resources to be evaluated.
Members shall not sell or otherwise dispose of samples in any manner that
results in personal gain.
Authority O.C.G.A § 20-2-1010;
20-2-1012.
Adopted: August 18, 2016 Effective
Date: September 8, 2016
State Laws
§ 20-2-1013 - Free instructional materials and content; care and
protection of instructional materials, library books, and media materials;
reimbursement by pupils or parents
(a) The State Board of Education is authorized and directed to
inaugurate and administer a system of free instructional materials and content
for the public schools of this state. The state board shall have authority to
promulgate and enforce such rules and regulations as may be necessary for that
purpose.
(b) All instructional materials and content and any computer hardware,
software, and technical equipment necessary to support such digital materials
and content purchased by local units of administration with state Quality Basic
Education Program funds or any other means of acquisition may remain the
property of the local unit purchasing or acquiring them. Assistive technology
devices that are acquired may remain the property of the student; provided,
however, that this shall not be construed to violate any contracts or copyright
laws. Each local unit of administration shall establish such policies as it
deems necessary for the care and protection of its instructional materials and
content; computer hardware, software, and technical equipment necessary to
support such materials and content; library books; and media materials as a
condition to receiving all or part of the state contributed Quality Basic
Education Program funds allotted to the local unit. Such policies may include
any of the following sanctions against a pupil who fails or refuses to pay for
any lost or damaged instructional materials and content; computer hardware,
software, and technical equipment necessary to support such materials and
content; library book; or media material at the replacement cost:
(1) Refusal to issue or make available
any additional instructional materials and content, any computer hardware,
software, and technical equipment necessary to support such materials and
content, any library books, or any media materials until restitution is made;
or
(2) Withholding of all grade cards,
diplomas, or certificates of progress until restitution is made. No local unit of
administration shall require any pupil or parent to purchase any instructional
materials and content; computer hardware, software, and technical equipment
necessary to support such materials and content; library book; or media
material except in cases where the pupil damages, loses, or defaces such item
either through willful intent or neglect.
§ 20-2-1015 - Instructional materials and content in digital or
electronic format; funding
(a) Local boards of education are strongly encouraged on and after
July 1, 2020 to:
(1) Purchase all instructional materials
and content in digital or electronic format; and
(2) Provide a laptop, tablet, or other
wireless electronic device to each of its students in grades three and higher
or allow students to provide their own for use as the principal source of
reading or accessing instructional materials and content.
(b) The State Board of Education shall annually determine a reasonable
level of funding to assist local boards of education in attaining complete
digital access pursuant to this Code section. Such level of funding shall
annually be presented to the General Assembly for its consideration in
including appropriations for such purposes.