Law / United States / 
New Mexico
Braille Access Act: publishers must supply instructional materials in accessible electronic formats
Braille Access Act, NMSA 1978, Secs. 22-15-28, 22-15-29 and 22-15-31
In force since .
An accessibility requirements rule binding private bodies.
- Private right of action
- Yes
What it requires
- If you publish printed instructional materials for students at a New Mexico public school or public post-secondary educational institution, provide them on the institution's request in an electronic format agreed with it, including any nationally recognized standard for conversion to braille such as DAISY/NISO XML, that complies with any applicable federal standard and keeps the structural integrity of the printed materials (NMSA 1978, Sec. 22-15-29(A), (B) and (E)).
- Provide that electronic version at no additional cost within ten business days after receiving a written request that meets Sec. 22-15-29(F) (NMSA 1978, Sec. 22-15-29(F)).
- If you manufacture instructional materials in a video, audio, CD-ROM or other digital format for those students, provide an accessible version on request to the maximum extent practicable or, if none is available, another electronic version (NMSA 1978, Sec. 22-15-29(H)).
- Expect a student who has exhausted the administrative complaint process, or an organization representing the interests of persons who are blind or have other disabilities, to be able to sue in district court for injunctive relief and reasonable attorney fees and costs (NMSA 1978, Sec. 22-15-31).
These lines are LexLint's reading of the law's text.
What this law does
A publisher that prints instructional materials for students attending educational institutions must provide, on the institution's request, any printed instructional materials in an electronic format the publisher and the institution agree on. An educational institution is a public school or public post-secondary educational institution, and a student is a blind or visually handicapped person accepted, enrolled or attending one.
Instructional materials are textbooks, workbooks, teacher manuals or editions, blackline masters, transparencies, test packets, software, CD-ROMs, videotapes and cassette tapes. The formats must include any nationally recognized standard for conversion of publishing files to braille, such as DAISY/NISO XML.
The electronic version must comply with any applicable federal standard, maintain the structural integrity of the printed materials and include their latest corrections and revisions as necessary. The publisher must provide the electronic version at no additional cost within ten business days after receiving a written request that certifies the purchase of the printed materials, the student's inability to use them and their use for a course, signed by an official the Act names.
A publisher that manufactures instructional materials in video, audio, CD-ROM or other digital format must, to the maximum extent practicable and on request, provide an accessible version or, if none is available, other electronic versions.
A student who has exhausted the administrative complaint process may sue in district court, organizations representing the interests of persons who are blind or have other disabilities have standing, and a prevailing student or organization is entitled to injunctive relief and reasonable attorney fees and costs but no other monetary damages. The Braille Access Act was enacted by Laws 2003, chapter 313, and took effect on .
When LexLint raises it
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