In this subtitle the following words have the meanings indicated. “Committee” means the Instructional Materials Access Guidelines Committee. “Instructional material” means textbooks and other materials written and published primarily for use by students in postsecondary instruction that are required or essential to a student’s success in a course of study in which a student with a disability is enrolled. “Instructional material” does not include materials for which software is not commercially available at a reasonable price to permit the conversion of existing electronic files of the materials into a format that is compatible with braille translation software or alternative media for students with disabilities, including mathematics and science materials. “Library” means the Maryland Library for the Blind and Print Disabled. “Printed instructional material” means instructional material in book or other printed form. “Structural integrity” means material composed of all of the textual printed instructional material. “Structural integrity” includes the text of the material, sidebars, the table of contents, chapter headings and subheadings, footnotes, indexes, glossaries, and bibliographies. “Structural integrity” does not include material composed of nontextual elements such as pictures, illustrations, graphs, or charts.

On or before December 1, 2007, in order to coordinate the distribution of instructional materials to blind and other print disabled students, the Maryland Library for the Blind and Print Disabled shall convene an Instructional Materials Access Guidelines Committee. The Committee consists of: The Secretary of Higher Education, or the Secretary’s designee; The Secretary of Disabilities, or the Secretary’s designee; The State Superintendent, or the State Superintendent’s designee; and The following 14 members appointed by the Governor: One member representing the Library; Five members representing publishers of textbooks used in higher education who may include representatives of the Association of American Publishers; Three members, one representing each of the following institutions of higher education: The University System of Maryland; A community college; and A 4–year private nonprofit institution of higher education; Two representatives who have knowledge regarding accessible formats for blind and other print disabled individuals; One representative of the student population at institutions of higher education in the State who is blind or print disabled; and Two members from Maryland organizations representing blind or other persons with print disabilities. At least two of the members of the Committee, in addition to the student member, shall be blind or print disabled. The Governor shall designate the Chair of the Committee. A member of the Committee shall serve for a period of 3 years. The Committee shall expire on December 1, 2010. The Department, the Department of Disabilities, and the Maryland Higher Education Commission shall provide staff for the Committee. The Committee shall: Assist the Library in establishing guidelines to facilitate the delivery of instructional materials to blind and print disabled students at institutions of higher education in the State; Review the guidelines established under item (i) of this paragraph each year; and Assist the Library in revising the guidelines as necessary based on changes in technology or any other pertinent factors. The guidelines shall include: A method by which a course instructor, in consultation with the individual at the Library or institution designated to make the request for materials under this subtitle, designates which course materials are considered required or essential to student success; A determination of the availability of technology for the conversion of mathematics and science materials; The procedures and standards relating to distribution of files and materials; Available electronic formats; A list of justifications for which a publisher may reasonably be exempted from complying with the provisions of this subtitle; Procedures for granting a publisher an exemption when it is determined that a publisher is unable to comply with the requirements of this subtitle for a justifiable reason included in the list required under item (v) of this paragraph; A requirement that the review of the future recommendations of the Alternative Formats Solutions Initiative of the Association of American Publishers determine whether to recommend the incorporation of these recommendations into the guidelines; and Any other information the Committee determines to be relevant.

On the request of an eligible blind or print disabled student, the Library shall request that a publisher that offers for sale electronic or print instructional materials used by students enrolled in institutions of higher education in the State provide the instructional materials to the Library in an electronic format. Except as otherwise provided in this subtitle, on or after January 1, 2008, on the receipt of a request under subsection (a) of this section, a publisher shall have 15 business days from the date of the request to: Provide the requested instructional materials in an electronic format; or Provide the reason that an electronic format cannot be provided within 15 business days. Except as provided in subsection (d) of this section, if a publisher responds under subsection (b)(2) of this section that an electronic format cannot be provided within 15 business days, the publisher shall indicate to the Library: When the instructional materials will be provided in an electronic format; or The specific reason, consistent with the guidelines established under § 11–902(g) of this subtitle, why the instructional materials may not be provided to the Library within the required time frame. A publisher is not required to provide instructional materials in an electronic format if the instructional materials were: Generated by faculty; or Copyrighted before July 1, 2004.

The electronic format of printed instructional material provided by a publisher to the Library for use by a student with a disability under this subtitle shall: Maintain the structural integrity of the printed instructional material; Be compatible with commonly used braille translation or speech synthesis software, if necessary; and Include corrections and revisions as necessary. If the Library and a publisher cannot in good faith agree on an electronic format that maintains the structural integrity of the printed instructional material as required under subsection (a) of this section, the publisher shall provide the instructional material in an electronic format that maintains as much of the structural integrity of the printed instructional material as possible. Except as provided in subsection (i) of this section, the Library or institution shall submit to a publisher a written request for an electronic format of instructional material that includes: Certification that the institution has purchased the printed instructional material for use by a student with a disability or that a student with a disability attending or registered to attend the institution has purchased the instructional material; Certification that the student has a disability that prevents the student from using standard instructional materials; Certification that the electronic format of the printed instructional material will be used by a student in connection with a course in which the student is registered or enrolled at the institution; and The signature of the individual designated by the Library or institution to request the electronic format of the instructional material under this subtitle. On receipt of a written request under subsection (c) of this section, the publisher shall provide the Library with the electronic format of the printed instructional material at no additional cost and in a timely manner. Except as provided in subsection (i) of this section, a publisher receiving a written request under subsection (c) of this section may require the Library to provide the publisher with a copy of an agreement that: States that the student requesting and using the electronic format of the instructional material provided by the publisher will use the material solely for the student’s personal educational use; States that the student has agreed not to copy, duplicate, or distribute the electronic copy of the instructional material for use by other individuals; and Is signed by the student requesting and using the electronic copy. If the Library or an institution permits a student to directly use the electronic format of the instructional material, the Library or institution shall take the following steps to protect the electronic copy from duplication and distribution in violation of the Copyright Revisions Act of 1976: The disk or file shall be copy–protected or contain other reasonable security measures; and The Library or institution shall require a student using the electronic copy to sign the agreement under subsection (e) of this section. An institution may not make the electronic format of the instructional material available on a server unless the following security measures are followed: A security process, including an identification and password system, is installed to permit only authorized students with disabilities access to the protected materials; and Other technical security measures are installed to prevent a student from downloading the electronic format of the instructional material unless the student has signed the agreement under subsection (e) of this section. A publisher may install technical security measures to prevent the unauthorized copying, modification, distribution, or use of the electronic format of the instructional material if the security measures do not interfere with the student’s use of electronic copy. The Library, an institution, or any component of an institution shall notify the publisher each time the Library, institution, or a component of the institution intends to duplicate an electronic format or a specialized format produced from the electronic format for use of the protected material by other students with disabilities. For each additional student for whom the Library, an institution, or a component of an institution intends to duplicate an electronic format under paragraph (1) of this subsection, the Library, institution, or component of an institution shall follow the request procedures in this section. An institution may assist a student with a disability to transcribe or arrange for the transcription of printed instructional material into braille using the electronic format of the instructional material. If a braille copy is transcribed under paragraph (1) of this subsection, the institution shall have the right to share the braille copy of the printed instructional material with other students with disabilities at the institution. A member of the faculty of an institution of higher education may request from the Library instructional materials in an electronic format. For a request on behalf of a faculty member, the Library is not required to provide to a publisher the certifications specified under subsection (c) of this section.

Beginning in fiscal year 2009 and each fiscal year thereafter, the Governor shall include in the annual budget submission $200,000 for the Library to carry out its obligations under this subtitle.

Nothing in this subtitle shall be construed to require the Committee, the Library, or a publisher of instructional materials to: Convert instructional materials into accessible formats for blind and print disabled students; or Require a publisher to provide any format other than an electronic format provided under § 11–904 of this subtitle. A publisher of instructional material may not be required to: Perform any act that would constitute an infringement of a copyright under the Copyright Revision Act of 1976; Provide an electronic format of instructional material if the publisher: Publishes or manufactures a version of the instructional material that is accessible to students with disabilities; Chooses to provide an electronic format of instructional material directly to a student in a timely manner; or Has not previously produced a digital version of the fully edited and typeset instructional material, including instructional material produced by a method that does not require the creation of a digital file; or Provide an electronic format of instructional material that is no longer in print or available and offered for sale by the publisher.