Law / United States / 
Kentucky
Kentucky Postsecondary Textbook Accessibility Act: publisher duty to provide instructional material in electronic format for postsecondary students with disabilities
In force since .
An accessibility requirements rule binding private bodies.
- Private right of action
- Yes
- Obligation class
- Disclosure
What it requires
- If you are a publisher of instructional material used by students at a public or independent postsecondary education institution in Kentucky, provide to the institution or to the State Repository for Alternative Format Instructional Materials, at no cost, printed instructional material in an electronic format and nonprinted instructional material in an electronic format when the technology is available to maintain the material's structural integrity, once a written request meets the requirements of subsections (6) and (7) (KRS 164.477(3)).
- Make the electronic version maintain the structural integrity of the original, be compatible with commonly used braille translation and speech synthesis software, include necessary corrections and revisions, and be in a format agreed with the requester; if good-faith efforts fail to produce an agreement, provide it in XML with an appropriate document-type definition and preserve as much of the original structural integrity as possible (KRS 164.477(4)).
- Send the electronic version within fifteen working days of receiving an appropriately completed request, or within that period certify to the requester the expected date for delivery if the timetable presents an undue burden (KRS 164.477(5)).
These lines are LexLint's reading of the law's text.
What this law does
Once a request meets the requirements of subsections (6) and (7) of the section, a publisher must provide to a postsecondary education institution or to the State Repository for Alternative Format Instructional Materials, at no cost, printed instructional material in an electronic format and nonprinted instructional material in an electronic format when the technology is available to maintain the material's structural integrity.
Instructional material provided in electronic format must maintain the structural integrity of the original, be compatible with commonly used braille translation and speech synthesis software, and include corrections and revisions as may be necessary. If good-faith efforts fail to produce an agreement on an electronic format, the publisher must provide the instructional material in XML, utilizing an appropriate document-type definition suitable for the creation of alternative format materials.
The publisher must transmit the electronic version within fifteen working days of receiving an appropriately completed request, or within that period certify the expected date of delivery if the timetable presents an undue burden. A request must certify that the instructional material has been purchased for use by a student with a disability who cannot use the standard material, in connection with a course in which the student is registered or enrolled.
A publisher is considered a place of public accommodation for the purposes of KRS 344.130, and failure to comply with the section is an unlawful practice of discrimination on the basis of disability for the purposes of KRS 344.120. Any person injured by an act in violation of KRS Chapter 344 has a civil cause of action in Circuit Court to enjoin further violations and to recover the actual damages sustained, together with the costs of the lawsuit. KRS 164.477 was created by chapter 49 of the 2003 Kentucky Acts, effective .
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