Law / United States /
Texas
Texas Higher Education Coordinating Board rules on electronic copies of instructional material for blind and visually impaired students and students with dyslexia at public institutions of higher education
19 Tex. Admin. Code secs. 4.201 to 4.206
In force since .
A procurement conditions rule binding public and private bodies.
- Instrument type
- a regulation made under an act
- Obligation class
- Disclosure
What it requires
- If you publish or manufacture instructional material that a public institution of higher education assigns for a course and identifies as required or essential for a student's success, give the institution, on its request, a copy of the material in an electronic format not later than the 15th business day after you receive the request or after the material is published, whichever comes later (19 Tex. Admin. Code sec. 4.206(a)).
- Make each electronic copy contain all of the information in the instructional material in a format you and the institution have approved, compatible with commonly used Braille translation and speech synthesis software, and include any correction or revision available when you provide it (19 Tex. Admin. Code sec. 4.206(d)(1)).
- If you and the institution cannot agree on a format, provide the copy in a format that a word processing application can read and that contains as much of the material as is practicable (19 Tex. Admin. Code sec. 4.206(d)(2)).
- If you deliver the copy with electronic security measures such as encryption, make sure the measures do not interfere with access for the institution or the student who requested the material (19 Tex. Admin. Code sec. 4.206(h)).
- If you are an institution of higher education, certify in each request that either the institution or the student has purchased a printed copy for each blind or visually impaired student or student with dyslexia who will use the specialized material, have the person with primary responsibility for services for students with disabilities or that person's designee sign it, and include all available identifying information such as the ISBN number (19 Tex. Admin. Code sec. 4.206(b)).
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Penalty structure
19 Tex. Admin. Code sec. 4.206(e): the Coordinating Board may impose a reasonable administrative penalty, not to exceed $250 per violation, against a publisher or manufacturer that knowingly violates the section, after a hearing. The $250 figure is a ceiling.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 250
Who enforces it
Enforcement body
Texas Higher Education Coordinating Board, which may impose an administrative penalty after a hearing (19 Tex. Admin. Code sec. 4.206(e)).
What this law does
The purpose of the subchapter is to implement section 51.970 of the Education Code, on providing certain electronic copies of instructional material for blind and visually impaired students and students with dyslexia who are enrolled at public institutions of higher education.
The rule defines instructional material as a printed textbook or other printed instructional material, or a combination of a printed book and supplementary printed instructional material, sold through a Texas bookstore, that conveys information to or contributes to the learning process of a student and was first printed with a new copyright date on or after .
Materials are considered required or essential for a course or program requirement if an academic department or instructor identifies them in writing as essential, if they are listed on a course syllabus or other written course description, or if the instructor and student agree that they are essential for a program requirement that is not part of a specific course.
The publisher or manufacturer must provide the electronic copy not later than the 15th business day after receipt of the request or the 15th business day after publication of the material, whichever comes later. A request from an institution must include all available identifying information related to the material, including the ISBN number.
The material may be delivered by traditional mail, by email or through a File Transfer Protocol site, with notice to the institution that the material is available. A publisher or manufacturer may deliver the electronic format with electronic security measures, including encryption, so long as the measures do not interfere with access for the institution or the student who requested the materials.
The Texas Higher Education Coordinating Board may impose a reasonable administrative penalty, not to exceed $250 per violation, against a publisher or manufacturer that knowingly violates the section. The provisions of section 4.206 were adopted to be effective .
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