Maryland HB 547: Local School Systems - Equivalent Access Standards - Digital Tools (Equivalent and Nonvisual Access Accountability Act for K-12 Education)

Bill Text

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*hb0547*

HOUSE BILL 547
F1 2lr1014
HB 1181/21 – W&M CF SB 617
By: Delegates Guyton, Bartlett, Belcastro, Cardin, Feldmark, Foley, Forbes,
Fraser–Hidalgo, Jackson, Johnson, D. Jones, Kaiser, Korman, Krebs,
Lehman, Lierman, Love, Metzgar, Patterson, Ruth, Shetty, and Stein
Introduced and read first time: January 31, 2022
Assigned to: Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 30, 2022

CHAPTER ______

AN ACT concerning 1

Local School Systems – Equivalent Access Standards – Digital Tools 2
(Nonvisual (Equivalent and Nonvisual Access Accountability Act for K–12 3
Education) 4

FOR the purpose of requiring a local school system to provide equivalent access to digital 5
tools for students with disabilities, including the development, purchase, and 6
provision of certain digital tools; requiring the Secretary of Disabilities, rather than 7
the Secretary of Commerce, to ensure jointly with the State Superintendent of 8
Schools that certain specifications are used in certain grants and procurement 9
contracts; requiring a procurement contract for a digital tool to require a vendor to 10
indemnify the State Board of Education or a local school system for certain liabilities 11
and costs; requiring a vendor who provided a local school system with a digital tool 12
that fails to meet certain standards to modify the digital tool at the vendor’s expense 13
to meet certain equivalent access standards within a certain period of time; and 14
generally relating to equivalent access standards for digital tools developed or 15
purchased by local school systems. 16

BY repealing and reenacting, with amendments, 17
Article – Education 18
Section 7–910 19
Annotated Code of Maryland 20
(2018 Replacement Volume and 2021 Supplement) 21

2 HOUSE BILL 547

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2

Article – Education 3

7–910. 4

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6

(2) “DIGITAL TOOL” MEANS: 7

(I) AN ONLINE PLATFORM; 8

(II) A AN ONLINE COURSE; 9

(III) INFORMATION AND COMMUNICATION TECHNOLOGY 10
SERVICES, INCLUDING SOFTWARE AND OPERATING SYSTEMS, THAT ARE DIRECTLY 11
CONNECTED TO STUDENT INSTRUCTION; 12

(IV) DIGITAL CONTENT; OR 13

(V) OTHER DIGITAL TECHNOLOGIES NOT REQUIRING SIGHT IN 14
AN EQUALLY EFFECTIVE AND INTEGRATED MANNER. 15

(3) (I) “EQUIVALENT ACCESS” MEANS THE ABILITY TO RECEIVE, 16
USE, AND MANIPULATE INFORMATION AND OPERATE CONTROLS NECESSARY TO 17
ACCESS AND USE INFORMATION TECHNOLOGY, INCLUDING BY NONVISUAL MEANS, 18
SO THAT A STUDENT WITH DISABILITIES CAN ACCESS THE SAME SERVICES AS A 19
STUDENT WITHOUT DISABILITIES WITH SUBSTANTIALLY EQUIVALENT EASE OF USE. 20

(II) “EQUIVALENT ACCESS” INCLUDES: 21

1. KEYBOARD CONTROLS USED FOR INPUT AND 22
SYNTHESIZED SPEECH; 23

2. BRAILLE; AND 24

3. OTHER AUDIBLE OR TACTILE MEANS USED FOR 25
OUTPUT. 26

(4) “NONVISUAL ACCESS” MEANS THE ABILITY TO RECEIVE, USE, AND 27
MANIPULATE INFORMATION AND OPERATE CONTROLS NECESSARY TO ACCESS 28
INFORMATION AND COMMUNICATIONS TECHNOLOGY THROUGH KEYBOARD 29

HOUSE BILL 547 3

CONTROLS, SYNTHESIZED SPEECH, BRAILLE, OR OTHER METHODS NOT REQUIRING 1
SIGHT. 2

[(a)] (B) (1) The State Superintendent and the Secretary of [Commerce] 3
DISABILITIES jointly shall ensure that specifications used in all grants and procurement 4
contracts for technology–based instructional products DIGITAL TOOLS require equivalent 5
access for students with disabilities, including blindness, in accordance with the technical 6
standards for electronic and information technology issued under subsection (a)(2) of 7
Section 508 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794d(a)(2). 8

(2) SPECIFICATIONS USED IN ALL GRANTS AND PROCUREMENT 9
CONTRACTS FOR DIGITAL TOOLS SHALL GIVE PRIMARY CONSIDERATION TO THE 10
PEDAGOGICAL VALUE OF THE DIGITAL TOOLS. 11

[(b)] (C) (1) This subsection [does not apply] APPLIES to teacher–developed 12
instructional materials [until fiscal year 2005]. 13

(2) Invitations for bids, requests for proposals, procurement contracts, 14
grants, or modifications to contracts or grants issued by the State or any local school system 15
shall include notice of the equivalent access requirement whenever funds awarded may be 16
used to develop or obtain technology–based instructional products DIGITAL TOOLS. 17

(3) (2) (I) BEGINNING SEPTEMBER 1, 2023, AN INVITATION FOR 18
BIDS OR REQUEST FOR PROPOSALS FOR A DIGITAL TOOL ISSUED BY THE STATE 19
BOARD OR A LOCAL SCHOOL SYSTEM SHALL REQUIRE A VENDOR TO SUBMIT AN 20
ACCESSIBILITY CONFORMANCE REPORT THAT INCLUDES A VOLUNTARY PRODUCT 21
ACCESSIBILITY TEMPLATE. 22

(II) THE ACCES