Law / United States / Kentucky

Kentucky instructional resource adoption process: electronic file levels and vendor identification of alternative-format availability for K-12 instructional resources

704 KAR 3:455, sections 1, 3 and 5

In force since .

A procurement conditions rule binding public and private bodies.

Obligation class
Disclosure

What it requires

  • If you are a vendor of an instructional resource for Kentucky public schools, provide information about the availability of an alternative format and the technical characteristic of the electronic file for each instructional resource (704 KAR 3:455 section 5).
  • Identify the electronic file for each resource as Level One (it can be converted into any needed specialized format), Level Two (it can be converted into most specialized formats without substantial effort or expense) or Level Three (it has a marginal level of accessibility and can be converted into some specialized formats only with significant effort or expense) (704 KAR 3:455 sections 1 and 5).
  • To meet Level One, provide all elements of the print version, including graphics with appropriate ALT tags, in XML, XHTML or HTML format that is compatible with commonly used Braille translation and speech synthesis software and readable with both text and screen readers; a non-text element needs a text equivalent, data tables need identified row and column headers, and frames need titles (704 KAR 3:455 section 3(1)).
  • If you identify a file as Level Two or Level Three, give the Department of Education information documenting why it is not feasible to provide files meeting Level One compliance, which the Commissioner of Education weighs in deciding whether you have met KRS 156.027 (704 KAR 3:455 section 5, from ).

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What this law does

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Research summary

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An instructional resource is any print, nonprint, or electronic medium of instruction designed to assist students. A Level One electronic file is one that the publisher submits and that can be converted into any needed specialized format. A Level Two electronic file can be converted into most specialized formats without substantial effort or expense.

A Level Three electronic file has a marginal level of accessibility, can be converted into some specialized formats only with significant effort or expense, and is not useable by some students with significant sensory disabilities.

A Level One file provides all elements of the print version, including graphics with appropriate ALT tags, in a format compatible with commonly used Braille translation and speech synthesis software and readable with both text and screen readers, in XML, XHTML, or HTML format.

A vendor must provide information about the availability of an alternative format and the technical characteristic of the electronic file for each instructional resource, and must identify the file as Level One, Level Two, or Level Three. A publisher that identifies a file as Level Two or Level Three must give the Department of Education information documenting why it is not feasible to provide files meeting Level One compliance.

The Commissioner of Education determines whether the publisher has met the requirement of KRS 156.027. The justification requirement for a Level Two or Level Three file applies from . The regulation's history records an amendment effective , and a certification effective . The regulation names KRS 156.027, 156.410, 156.433, 156.437, 156.439, 156.474, 156.476, 157.110, 157.140, 157.150 and 157.160 as its statutory authority.

Section 29 of chapter 113 of the 2025 Kentucky Acts repealed KRS 156.437 and 156.474. Sections 11 to 29 of that Act took effect on .

When LexLint raises it

When your app profile says your app serves K-12 schools.

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