Maryland 2022 Regular Session

Maryland House Bill HB547 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0547
9	6
10	7		HOUSE BILL 547
11	8		F1 2lr1014
12		-	HB 1181/21 – W&M CF ~~SB 617~~
	9	+	HB 1181/21 – W&M CF 2lr1012
13	10		By: Delegates Guyton, Bartlett, Belcastro, Cardin, Feldmark, Foley, Forbes,
14	11		Fraser–Hidalgo, Jackson, Johnson, D. Jones, Kaiser, Korman, Krebs,
15	12		Lehman, Lierman, Love, Metzgar, Patterson, Ruth, Shetty, and Stein
16	13		Introduced and read first time: January 31, 2022
17	14		Assigned to: Ways and Means
18		-	Committee Report: Favorable with amendments
19		-	House action: Adopted
20		-	Read second time: March 30, 2022
21	15
22		-	~~CHAPTER ______~~
	16	+	A BILL ENTITLED
23	17
24	18		AN ACT concerning 1
25	19
26	20		Local School Systems – Equivalent Access Standards – Digital Tools 2
27		-	(Nonvisual (Equivalent and Nonvisual Access Accountability Act for K–12 3
28		-	Education) 4
	21	+	(Nonvisual Access Accountability Act for K–12 Education) 3
29	22
30		-	FOR the purpose of requiring a local school system to provide equivalent access to digital 5
31		-	tools for students with disabilities, including the development, purchase, and 6
32		-	provision of certain digital tools; requiring the Secretary of Disabilities, rather than 7
33		-	the Secretary of Commerce, to ensure jointly with the State Superintendent of 8
34		-	Schools that certain specifications are used in certain grants and procurement 9
35		-	contracts; requiring a procurement contract for a digital tool to require a vendor to 10
36		-	indemnify the State Board of Education or a local school system for certain liabilities 11
37		-	and costs; requiring a vendor who provided a local school system with a digital tool 12
38		-	that fails to meet certain standards to modify the digital tool at the vendor’s expense 13
39		-	to meet certain equivalent access standards within a certain period of time; and 14
40		-	generally relating to equivalent access standards for digital tools developed or 15
41		-	purchased by local school systems. 16
	23	+	FOR the purpose of requiring a local school system to provide equivalent access to digital 4
	24	+	tools for students with disabilities, including the development, purchase, and 5
	25	+	provision of certain digital tools; requiring the Secretary of Disabilities, rather than 6
	26	+	the Secretary of Commerce, to ensure jointly with the State Superintendent of 7
	27	+	Schools that certain specifications are used in certain grants and procurement 8
	28	+	contracts; requiring a procurement contract for a digital tool to require a vendor to 9
	29	+	indemnify the State Board of Education or a local school system for certain liabilities 10
	30	+	and costs; requiring a vendor who provided a local school system with a digital tool 11
	31	+	that fails to meet certain standards to modify the digital tool at the vendor’s expense 12
	32	+	to meet certain equivalent access standards within a certain period of time; and 13
	33	+	generally relating to equivalent access standards for digital tools developed or 14
	34	+	purchased by local school systems. 15
42	35
43		-	BY repealing and reenacting, with amendments, 17
44		-	Article – Education 18
45		-	Section 7–910 19
46		-	Annotated Code of Maryland 20
47		-	(2018 Replacement Volume and 2021 Supplement) 21
48		-	2 HOUSE BILL 547
	36	+	BY repealing and reenacting, with amendments, 16
	37	+	Article – Education 17
	38	+	Section 7–910 18
	39	+	Annotated Code of Maryland 19
	40	+	(2018 Replacement Volume and 2021 Supplement) 20
	41	+
	42	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
	43	+	That the Laws of Maryland read as follows: 22
	44	+
	45	+	Article – Education 23
	46	+
	47	+	7–910. 24 2 HOUSE BILL 547
49	48
50	49
51		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52		-	That the Laws of Maryland read as follows: 2
53	50
54		-	Article – Education 3
	51	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
	52	+	INDICATED. 2
55	53
56		-	~~7–910. 4~~
	54	+	(2) “DIGITAL TOOL” MEANS: 3
57	55
58		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
59		-	INDICATED. 6
	56	+	(I) AN ONLINE PLATFORM ; 4
60	57
61		-	(2) ~~“DIGITAL TOOL”~~ ~~MEANS: 7~~
	58	+	(II) A COURSE; 5
62	59
63		-	(I) AN ONLINE PLATFORM ; 8
	60	+	(III) INFORMATION AND COMMU NICATION TECHNOLOGY 6
	61	+	SERVICES, INCLUDING SOFTWARE A ND OPERATING SYSTEMS ; 7
64	62
65		-	(II) ~~A AN ONLINE COURSE~~; 9
	63	+	(IV) DIGITAL CONTENT ; OR 8
66	64
67		-	(III) INFORMATION AND COMMU NICATION TECHNOLOGY 10
68		-	SERVICES, INCLUDING SOFTWARE A ND OPERATING SYSTEMS , THAT ARE DIRECTLY 11
69		-	CONNECTED TO STUDENT INSTRUCTION; 12
	65	+	(V) OTHER DIGITAL TECHNOL OGIES NOT REQUIRING SIGHT IN 9
	66	+	AN EQUALLY EFFECTIVE AND INTEGRATED MANNE R. 10
70	67
71		-	(IV) DIGITAL CONTENT ; OR 13
	68	+	(3) (I) “EQUIVALENT ACCESS” MEANS THE ABILITY TO RECEIVE, 11
	69	+	USE, AND MANIPULATE INFOR MATION AND OPERATE C ONTROLS NECESSARY TO 12
	70	+	ACCESS AND USE INFOR MATION TECHNOLOGY BY NONVISUAL MEANS , SO THAT A 13
	71	+	STUDENT WITH DISABIL ITIES CAN ACCESS THE SAME SERVICES AS A S TUDENT 14
	72	+	WITHOUT DISABILI TIES WITH SUBSTANTIA LLY EQUIVALENT EASE OF USE. 15
72	73
73		-	(V) OTHER DIGITAL TECHNOL OGIES NOT REQUIRING SIGHT IN 14
74		-	AN EQUALLY EFFECTIVE AND INTEGRATED MANNE R. 15
	74	+	(II) “EQUIVALENT ACCESS ” INCLUDES: 16
75	75
76		-	(3) (I) “EQUIVALENT ACCESS ” MEANS THE ABILITY TO RECEIVE, 16
77		-	USE, AND MANIPULATE INFOR MATION AND OPERATE C ONTROLS NECESSARY TO 17
78		-	ACCESS AND USE INFOR MATION TECHNOLOGY , INCLUDING BY NONVISUAL MEANS , 18
79		-	SO THAT A STUDENT WI TH DISABILITIES CAN ACCESS THE SAME SERV ICES AS A 19
80		-	STUDENT WITHOUT DISA BILITIES WITH SUBSTA NTIALLY EQUIVALENT E ASE OF USE. 20
	76	+	1. KEYBOARD CONTROLS USE D FOR INPUT AND 17
	77	+	SYNTHESIZED SPEECH ; 18
81	78
82		-	~~(II) “EQUIVALENT~~ ~~ACCESS ” INCLUDES: 21~~
	79	+	2. BRAILLE; AND 19
83	80
84		-	1. ~~KEYBOARD CONTROLS USE D~~ FOR ~~INPUT AND 22~~
85		-	~~SYNTHESIZED SPEECH ; 23~~
	81	+	3. OTHER AUDIBLE OR TACT ILE MEANS USED FOR 20
	82	+	OUTPUT. 21
86	83
87		-	2. BRAILLE; AND 24
	84	+	(4) “NONVISUAL ACCESS ” MEANS THE ABILITY TO RECEIVE, USE, AND 22
	85	+	MANIPULATE INFORMATI ON AND OPERATE CONTR OLS NECESSARY TO ACC ESS 23
	86	+	INFORMATION AND COMM UNICATIONS TECHNOLOG Y THROUGH KEYBOARD 24
	87	+	CONTROLS, SYNTHESIZED SPEECH , BRAILLE, OR OTHER METHODS NOT REQUIRING 25
	88	+	SIGHT. 26
88	89
89		-	3. OTHER AUDIBLE OR TACT ILE MEANS USED FOR 25
90		-	OUTPUT. 26
91		-
92		-	(4) “NONVISUAL ACCESS ” MEANS THE ABILITY TO RECEIVE, USE, AND 27
93		-	MANIPULATE INFORMATI ON AND OPERATE CONT ROLS NECESSARY TO AC CESS 28
94		-	INFORMATION AND COMM UNICATIONS TECHNOLOG Y THROUGH KEYBOARD 29 HOUSE BILL 547 3
	90	+	[(a)] (B) The State Superintendent and the Secretary of [Commerce] 27
	91	+	DISABILITIES jointly shall ensure that specifications used in all grants and procurement 28
	92	+	contracts for technology–based instructional products require equivalent access for 29
	93	+	students with disabilities, including blindness, in accordance with the technical standards 30 HOUSE BILL 547 3
95	94
96	95
97		-	~~CONTROLS, SYNTHESIZED SPEECH , BRAILLE,~~ ~~OR OTHER METHODS NOT REQUIRING~~ 1
98		-	~~SIGHT~~. 2
	96	+	for electronic and information technology issued under subsection (a)(2) of Section 508 of 1
	97	+	the federal Rehabilitation Act of 1973, 29 U.S.C. § 794d(a)(2). 2
99	98
100		-	[(a)] (B) (1) The State Superintendent and the Secretary of [Commerce] 3
101		-	DISABILITIES jointly shall ensure that specifications used in all grants and procurement 4
102		-	contracts for technology–based instructional products DIGITAL TOOLS require equivalent 5
103		-	access for students with disabilities, including blindness, in accordance with the technical 6
104		-	standards for electronic and information technology issued under subsection (a)(2) of 7
105		-	Section 508 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794d(a)(2). 8
	99	+	[(b)] (C) (1) This subsection [does not apply] APPLIES to teacher–developed 3
	100	+	instructional materials [until fiscal year 2005]. 4
106	101
107		-	(2) SPECIFICATIONS USED I N ALL GRANTS AND PRO CUREMENT 9
108		-	CONTRACTS FOR DIGITA L TOOLS SHALL GIVE PRIMARY CONSIDE RATION TO THE 10
109		-	PEDAGOGICAL VALUE OF THE DIGITAL TOOLS . 11
	102	+	(2) Invitations for bids, requests for proposals, procurement contracts, 5
	103	+	grants, or modifications to contracts or grants issued by the State or any local school system 6
	104	+	shall include notice of the equivalent access requirement whenever funds awarded may be 7
	105	+	used to develop or obtain technology–based instructional products. 8
110	106
111		-	[(b)] (C) (1) This subsection [does not apply] APPLIES to teacher–developed 12
112		-	instructional materials [until fiscal year 2005]. 13
	107	+	(3) (I) BEGINNING SEPTEMBER 1, 2023, AN INVITATION FOR BI DS 9
	108	+	OR REQUEST FOR P ROPOSALS FOR A DIGIT AL TOOL ISSUED BY TH E STATE BOARD 10
	109	+	OR A LOCAL SCHOOL SY STEM SHALL REQUIRE A VENDOR TO SUBMIT AN 11
	110	+	ACCESSIBILITY CONFOR MANCE REPORT THAT IN CLUDES A VOLUNTARY PRODUCT 12
	111	+	ACCESSIBILITY TEMPLATE. 13
113	112
114		-	(2) Invitations for bids, requests for proposals, procurement contracts, 14
115		-	grants, or modifications to contracts or grants issued by the State or any local school system 15
116		-	shall include notice of the equivalent access requirement whenever funds awarded may be 16
117		-	used to develop or obtain technology–based instructional products DIGITAL TOOLS . 17
	113	+	(II) THE ACCESSIBILITY CON FORMANCE REPORT REQ UIRED IN 14
	114	+	SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL EXPLAIN HOW INFO RMATION AND 15
	115	+	COMMUNICATION TECHNO LOGY PRODUCTS , INCLUDING SOFTWARE , HARDWARE , 16
	116	+	ELECTRONIC CONTENT , AND SUPPORT DOCUMENT ATION, CONFORM TO THE MOST 17
	117	+	RECENT SECTION 508 STANDARDS FOR INFORM ATION TECHNOLOGY ACCESSIBIL ITY 18
	118	+	UNDER THE FEDERAL REHABILITATION ACT OF 1973. 19
118	119
119		-	(3) (2) (I) BEGINNING SEPTEMBER 1, 2023, AN INVITATION FOR 18
120		-	BIDS OR REQUEST FOR PROPOSALS FOR A DIGI TAL TOOL ISSUED BY T HE STATE 19
121		-	BOARD OR A LOCAL SCHO OL SYSTEM SHALL REQU IRE A VENDOR TO SUBMIT AN 20
122		-	ACCESSIBILITY CONFOR MANCE REPORT THAT IN CLUDES A VOLUNTARY PRODUCT 21
123		-	ACCESSIBILITY TEMPLATE. 22
	120	+	(4) (I) A LOCAL SCHOOL SYSTEM SHALL ESTABLISH A PR OCESS TO 20
	121	+	EVALUATE A DIGITAL T OOL BEING CONSIDERED FOR DEVELOPMENT OR P URCHASE 21
	122	+	FOR CONFORMITY WITH THE REQUIREMENTS OF THIS SECTION. 22
124	123
125		-	(II) THE ACCESSIBILITY CON FORMANCE REPORT REQU IRED IN 23
126		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL EXPLAIN HOW INFO RMATION AND 24
127		-	COMMUNICATION TECH NOLOGY PRODUCTS , INCLUDING SOFTWARE , HARDWARE , 25
128		-	ELECTRONIC CONTENT , AND SUPPORT DOCUMENT ATION, CONFORM TO THE MOST 26
129		-	RECENT SECTION 508 STANDARDS FOR INFORM ATION TECHNOLOGY ACC ESSIBILITY 27
130		-	UNDER THE FEDERAL REHABILITATION ACT OF 1973. 28
	124	+	(II) THE EVALUATION PROCES S ESTABLISHED UNDER 23
	125	+	SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL INCLUDE EVALUATI ON OF THE 24
	126	+	DIGITAL TOOL FOR NON VISUAL ACCESS BY AN EMPLOYEE OF THE LOCA L SCHOOL 25
	127	+	SYSTEM WHO : 26
131	128
132		-	(4) (3) (I) A LOCAL SCH OOL SYSTEM SHALL EST ABLISH A 29
133		-	PROCESS TO EVALUATE A DIGITAL TOOL BEING CONSIDERED FOR DEVEL OPMENT OR 30
134		-	PURCHASE FOR CONFORM ITY WITH THE REQUIRE MENTS OF THIS SECTIO N. 31
	129	+	1. SPECIALIZES IN ACCESS IBILITY AND WEB CONTENT 27
	130	+	ACCESSIBILITY GUIDELINES; OR 28
135	131
136		-	(II) THE EVALUATION PROCES S ESTABLISHED UNDER 32
137		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL INCLUDE EVALUATION OF THE 33
138		-	DIGITAL TOOL FOR EQUIVALENT ACCESS AN D NONVISUAL ACCESS BY AN EMPLOYEE 34
139		-	OR A CONTRACTOR OF THE LOCAL SCHOOL SYSTEM WHO : 35
	132	+	2. IS A BLINDNESS SPECIA LIST WHO IS 29
	133	+	KNOWLEDGEABLE IN ACC ESSIBILITY. 30
	134	+
	135	+	(III) A PROCUREMENT CONTRACT FOR A DIGITAL TOOL S HALL 31
	136	+	REQUIRE A VENDOR TO INDEMNIFY THE STATE BOARD OR A LOCAL SCHOOL SYSTEM 32
	137	+	FOR LIABILITY AND CO STS ARISING FROM THE FAILURE OF THE DIGIT AL TOOL TO 33
	138	+	MEET THE REQUIREMENT S OF THIS SECTION. 34
140	139		4 HOUSE BILL 547
141	140
142	141
143		-	1. SPECIALIZES IN ACCESS IBILITY AND WEB CONTENT 1
144		-	ACCESSIBILITY GUIDELINES; OR 2
	142	+	(5) EXCEPT AS PROVIDED IN SUBSECTION (E)(2) OF THIS SECTION , 1
	143	+	THE STATE BOARD OR A LOCAL SCHO OL SYSTEM MAY NOT AP PROVE A 2
	144	+	PROCUREMENT CONTRACT FOR A DIGITAL TOOL T HAT FAILS TO MEET TH E 3
	145	+	REQUIREMENTS OF THIS SECTION. 4
145	146
146		-	2. IS A BLINDNESS SPECIALIST WHO IS 3
147		-	KNOWLEDGEABLE IN ACC ESSIBILITY. 4
	147	+	[(c)] (D) The State and each local school system shall also ensure that the 5
	148	+	equivalent access standards are included in guidelines used for design specifications for 6
	149	+	and evaluation and selection of technology–based instructional products. 7
148	150
149		-	(~~III~~) (4) ~~A PROCUREMENT CONTRACT FOR A DIGITAL TOOL 5~~
150		-	~~SHALL REQUIRE A VEND OR TO INDEMNIFY~~ THE STATE ~~BOARD~~ OR A LOCAL ~~SCHO OL 6~~
151		-	~~SYSTEM~~ FOR ~~LIABILITY AND COSTS ARISING FR OM THE FAILURE OF TH E DIGITAL 7~~
152		-	~~TOOL TO MEET THE REQUIREMENTS OF THIS SECTION~~. 8
	151	+	[(d)] (E) (1) (I) Following an evaluation of technology–based instructional 8
	152	+	products, the State or local school system shall [select] PRIORITIZE the available product 9
	153	+	that best meets the specifications and has the greatest functionality for equivalent access 10
	154	+	for students with disabilities, including blindness. 11
153	155
154		-	(5) EXCEPT AS PROVIDED IN SUBSECTION (E)(2) OF THIS SECTION , 9
155		-	THE STATE BOARD OR A LOCAL SCHO OL SYSTEM MAY NOT AP PROVE A 10
156		-	PROCUREMENT CONTRACT FOR A DIGITAL TOOL T HAT FAILS TO MEET TH E 11
157		-	REQUIREMENTS OF THIS SECTION. 12
	156	+	(II) BEGINNING OCTOBER 1, 2024, FOLLOWING AN 12
	157	+	EVALUATION OF TECHNO LOGY–BASED INSTRUCTIONAL PRODUCTS, A LOCAL 13
	158	+	SCHOOL SYSTEM SHALL SELECT TH E AVAILABLE PRODUCT THAT BEST MEETS THE 14
	159	+	EQUIVALENT ACCESS ST ANDARDS AND HAS THE GREATEST FUNCTIONALI TY FOR 15
	160	+	EQUIVALENT ACCESS FO R STUDENTS WITH DISA BILITIES, INCLUDING BLINDNESS . 16
158	161
159		-	[(c)] (D) The State and each local school system shall also ensure that the 13
160		-	equivalent access standards are included in guidelines used for design specifications for 14
161		-	and evaluation and selection of technology–based instructional products DIGITAL TOOLS . 15
	162	+	(2) (I) If a product that meets the equivalent access standards is not 17
	163	+	available, or if obtaining an available product would fundamentally alter the nature of the 18
	164	+	instructional activity or would result in an undue burden, the local school system [may 19
	165	+	obtain a product that does not meet the equivalent access standards but provides the best 20
	166	+	equivalent access functionality] SHALL NOTIFY THE DEPARTMENT . 21
162	167
163		-	~~[(d)]~~ (E) ~~(1) (I) Following an evaluation of technology–based instructional 16~~
164		-	~~products DIGITAL TOOLS~~ , the ~~State or local school system~~ shall~~, FROM AMONG DIGITAL 17~~
165		-	~~TOOLS THAT OFFER PED AGOGICAL VALUE , [select] PRIORITIZE~~ the ~~available product 18~~
166		-	that ~~best meets the specifications and has the greatest functionality for equivalent access 19~~
167		-	~~for students with disabilities,~~ ~~including blindness~~. 20
	168	+	(II) AFTER THE DEPARTMENT RECEIVES A NOTICE UNDER 22
	169	+	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE DEPARTMENT SHALL CONS ULT WITH 23
	170	+	THE DEPARTMENT OF INFORMATION TECHNOLO GY AND THE DEPARTMENT OF 24
	171	+	DISABILITIES TO ENSUR E THAT ANOTHER PRODU CT IS PURCHASED THAT WILL 25
	172	+	OFFER AN EFFECTIVE E DUCATIONAL OPTION . 26
168	173
169		-	(II) BEGINNING OCTOBER 1, 2024, FOLLOWING AN 21
170		-	EVALUATION OF TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL TOOLS, 22
171		-	A LOCAL SCHOOL SYSTEM SHALL SELECT, FROM AMONG THE AVAIL ABLE PRODUCTS 23
172		-	THAT OFFER PEDAGOGIC AL VALUE, THE AVAILABLE PRODUC T THAT BEST MEETS 24
173		-	THE EQUIVALENT ACCES S STANDARDS AND HAS THE GREATEST FUNCTIO NALITY 25
174		-	FOR EQUIVALENT ACCES S FOR STUDENTS WITH DISABILITIES, INCLUDING 26
175		-	BLINDNESS. 27
	174	+	[(3) The Department shall: 27
176	175
177		-	(2) (I) If A LOCAL SCHOOL SYSTE M DETERMINES THAT a product 28
178		-	that meets the equivalent access standards is not available, or if obtaining an available 29
179		-	product would fundamentally alter the nature of the instructional activity or would result 30
180		-	in an undue burden, the local school system [may obtain a product that does not meet the 31
181		-	equivalent access standards but provides the best equivalent access functionality] SHALL 32
182		-	NOTIFY THE DEPARTMENT . 33
	176	+	(i) Monitor compliance with the requirements of accessibility of 28
	177	+	technology–based instructional products set forth in COMAR 13.A.05.02; and 29
183	178
184		-	(II) AFTER THE DEPARTMENT RECEIVES A NOTICE UNDER 34
185		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE DEPARTMENT SHALL CONS ULT WITH 35
186		-	THE DEPARTMENT OF INFORMATION TECHNOLOGY AND THE DEPARTMENT OF 36 HOUSE BILL 547 5
	179	+	(ii) Report its findings, in accordance with § 2–1257 of the State 30
	180	+	Government Article, to the General Assembly on or before December 31 of each year.] 31
	181	+
	182	+	(F) (1) A DIGITAL TOOL DEVELOP ED OR PURCHASED BY A COUNTY 32
	183	+	BOARD FOR USE BY THE LOCAL SCHOOL SYSTEM SHALL INCLUDE SPECIF ICATIONS 33
	184	+	FOR ACCESS FOR STUDE NTS WITH DISABILITIE S, INCLUDING NONVISUAL ACCESS, IN 34
	185	+	ACCORDANCE WITH THE TECHNICAL STANDARDS FOR ELECTRONIC AND 35
	186	+	INFORMATION TECHNOLO GY ISSUED UNDER : 36 HOUSE BILL 547 5
187	187
188	188
189		-	DISABILITIES TO ENSURE THAT ANOTHER PRODUCT IS PURCHASED THAT WILL 1
190		-	OFFER AN EFFECTIVE EDUCATIONAL OPTION. DETERMINE HOW TO PRO CEED. 2
191	189
192		-	(III) IF, AFTER THE CONSULTATI ON PROCESS , THE 3
193		-	DEPARTMENT DETERMINES THAT THERE IS AN AVA ILABLE PRODUCT THAT MEETS 4
194		-	THE EQUIVALENT ACCES S STANDARD, A LOCAL SCHOOL SYSTE M SHALL OBTAIN 5
195		-	THAT PRODUCT . 6
	190	+	(I) SUBSECTION (A)(2) OF SECTION 508 OF THE FEDERAL 1
	191	+	REHABILITATION ACT OF 1973; OR 2
196	192
197		-	(IV) IF, AFTER THE CONSULTATI ON PROCESS , THE 7
198		-	DEPARTMENT DETERMINES THAT THERE IS NO AVA ILABLE PRODUCT THAT MEETS 8
199		-	THE EQUIVALENT ACCES S STANDARDS, A LOCAL SCHOOL SYSTE M MAY, WITH THE 9
200		-	DEPARTMENT ’S APPROVAL , OBTAIN A PRODUCT THA T DOES NOT MEET THE 10
201		-	EQUIVALENT ACCESS STANDARDS BUT PROVIDES THE BEST EQ UIVALENT 11
202		-	FUNCTIONALITY . 12
	193	+	(II) ANY OTHER WIDELY ACCE PTED OR FREELY AVAIL ABLE 3
	194	+	TECHNICAL STANDARD . 4
203	195
204		-	[(3) The Department shall: 13
	196	+	(2) A LOCAL SCHOOL SYSTEM SHALL PROVIDE A STUD ENT WITH 5
	197	+	DISABILITIES ACCESS TO DIGITAL TOOLS THA T: 6
205	198
206		-	(i) ~~Monitor compliance with the requirements of accessibility of 14~~
207		-	~~technology–based instructional products set forth in COMAR 13.A.05.02~~; and 15
	199	+	(I) ARE FULLY AND EQUALLY ACCESSIBLE TO AND 7
	200	+	INDEPENDENTLY USABLE BY A STUDENT WITH DI SABILITIES; AND 8
208	201
209		-	(ii) Report its findings, in accordance with § 2–1257 of the State 16
210		-	Government Article, to the General Assembly on or before December 31 of each year.] 17
	202	+	(II) ENABLE A STUDENT WITH DISABILITIES TO ACQU IRE THE 9
	203	+	SAME INFORMATION , PARTICIPATE IN THE S AME INTERACTIONS , AND ACCESS THE 10
	204	+	SAME SERVICES AS A S TUDENT WITHOUT DISAB ILITIES, WITH SUBSTANTIALLY 11
	205	+	EQUIVALENT EASE OF U SE. 12
211	206
212		-	(F) (1) A DIGITAL TOOL DEVELOP ED OR PURCHASED BY A COUNTY 18
213		-	BOARD FOR USE BY THE LOCAL SCHOOL SYSTEM SHALL INCLUDE SPECIFICATIONS 19
214		-	FOR ACCESS FOR STUDE NTS WITH DISABILITIE S, INCLUDING NONVISUAL ACCESS, IN 20
215		-	ACCORDANCE WITH THE TECHNICAL STANDARDS FOR ELECTRONIC AND 21
216		-	INFORMATION TECHNOLO GY ISSUED UNDER : 22
	207	+	(G) (1) (I) IF A LOCAL SCHOOL SYS TEM FINDS THAT A DIG ITAL TOOL 13
	208	+	FAILS TO MEET THE EQ UIVALENT ACCESS STAN DARDS UNDER SUBSECTI ON (F) OF 14
	209	+	THIS SECTION , INCLUDING NONVISUAL ACCESS, WITHIN 18 MONTHS AFTER 15
	210	+	DEVELOPMENT OR PURCH ASE OF THE DIGITAL T OOL, THE LOCAL SCHOOL SYS TEM 16
	211	+	SHALL SEND A WRITTEN NOTICE TO THE VENDOR OF THE VENDOR ’S FAILURE TO 17
	212	+	COMPLY WITH THE EQUI VALENT ACCESS STANDA RDS REQUIRED UNDER T HE 18
	213	+	PROCUREMENT CONTRACT . 19
217	214
218		-	(I) SUBSECTION (A)(2) OF SECTION 508 OF THE FEDERAL 23
219		-	REHABILITATION ACT OF 1973; OR 24
	215	+	(II) ON RECEIPT OF NOTICE FROM A LOCAL SCHOOL SYSTEM 20
	216	+	UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , A VENDOR, AT THE VENDOR ’S 21
	217	+	EXPENSE, SHALL MODIFY THE DIG ITAL TOOL TO MEET TH E REQUIRED EQUIVALEN T 22
	218	+	ACCESS STANDARDS WIT HIN A TIMEFRAME AGRE ED ON BY THE LOCAL S CHOOL 23
	219	+	SYSTEM AND THE VENDOR. 24
220	220
221		-	(II) ~~ANY OTHER WIDELY ACCE PTED OR AND FREELY AVAILABLE~~ 25
222		-	~~TECHNICAL STANDARD .~~ 26
	221	+	(2) A VENDOR THAT FAILS TO MEET THE EQUIVALENT ACCESS 25
	222	+	STANDARDS IN ACCORDA NCE WITH PARAGRAPH (1)(II) OF THIS SUBSECTION : 26
223	223
224		-	(2) A LOCAL SCHOOL SYSTEM SHALL PROVIDE A STUD ENT WITH 27
225		-	DISABILITIES ACCESS TO DIGITAL TOOLS THA T: 28
	224	+	(I) IS SUBJECT TO A CIVIL PENALTY OF: 27
226	225
227		-	(I) ARE FULLY AND EQUALLY ACCESSIBLE TO AND PROVIDE 29
228		-	EQUIVALENT ACCESS TO AN D ARE INDEPENDENTLY USABLE BY A STUDENT WITH 30
229		-	DISABILITIES; AND 31
	226	+	1. FOR A FIRST OFFENSE , A FINE NOT EXCEEDING 28
	227	+	$5,000; OR 29
230	228
231		-	(II) ENABLE A STUDENT WITH DISABILITIES TO ACQU IRE THE 32
232		-	SAME INFORMATION , PARTICIPATE IN THE S AME INTERACTIONS , AND ACCESS THE 33 6 HOUSE BILL 547
	229	+	2. FOR A SUBSEQUENT OFFENSE , A FINE NOT 30
	230	+	EXCEEDING $10,000; AND 31
	231	+	6 HOUSE BILL 547
233	232
234	233
235		-	SAME SERVICES AS A S TUDENT WITHOUT DISAB ILITIES, WITH SUBSTANTIALLY 1
236		-	EQUIVALENT EASE OF U SE. 2
	234	+	(II) SHALL INDEMNIFY THE STATE BOARD FOR LIABILITY 1
	235	+	RESULTING FROM THE U SE OF A DIGITAL TOOL THAT FAILS TO MEET T HE 2
	236	+	EQUIVALENT ACCESS ST ANDARDS UNDER SUBSEC TION (F) OF THIS SECTION , 3
	237	+	INCLUDING NONVI SUAL ACCESS. 4
237	238
238		-	(~~G) (1) (I~~) IF ~~A LOCAL SCHOOL SYS TEM FINDS THAT A DIG ITAL TOOL 3~~
239		-	~~FAILS~~ TO ~~MEET~~ THE ~~EQ UIVALENT ACCESS STAN DARDS UNDER SUBSECTI ON (F) OF 4~~
240		-	~~THIS SECTION~~ , INCLUDING ~~NONVISUAL ACCESS,~~ ~~WITHIN 18 MONTHS AFTER 5~~
241		-	~~DEVELOPMENT OR PURCH ASE OF THE DIGITAL T OOL~~, ~~THE LOCAL SCHOOL SYS TEM 6~~
242		-	~~SHALL SEND A WRITTEN NOTICE TO~~ THE ~~VENDOR OF THE VENDOR~~ ’S ~~FAILURE TO 7~~
243		-	~~COMPLY WITH~~ THE ~~EQUI VALENT ACCESS STANDA RDS REQUIRED~~ UNDER ~~T HE 8~~
244		-	~~PROCUREMENT CONTRACT~~ . 9
	239	+	[(e) If technology–based instructional products are provided to students without 5
	240	+	disabilities and not to a student with a disability, the State or local school system shall 6
	241	+	implement an alternative method of instruction, including use of other technology–based 7
	242	+	instructional products, if available, designed to enable a student with a disability to achieve 8
	243	+	the same instructional outcomes consistent with the student’s IEP Plan, as defined in § 9
	244	+	8–408 of this article, or the student’s 504 Plan, as provided under the federal Rehabilitation 10
	245	+	Act of 1973.] 11
245	246
246		-	(II) ON RECEIPT OF NOTICE FROM A LOCAL SCHOOL SYSTEM 10
247		-	UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , A VENDOR, AT THE VENDOR ’S 11
248		-	EXPENSE, SHALL MODIFY THE DIG ITAL TOOL TO MEET TH E REQUIRED EQUIVALEN T 12
249		-	ACCESS STANDARDS WIT HIN A TIMEFRAME AGRE ED ON BY THE LOCAL S CHOOL 13
250		-	SYSTEM AND THE VENDO R. 14
	247	+	(H) (1) IF TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS ARE 12
	248	+	PROVIDED TO A STUDEN T WITHOUT A DISABILI TY AND NOT TO A STUD ENT WITH A 13
	249	+	DISABILITY, THE STATE OR LOCAL SCHOOL SYSTEM SHALL IMPLEME NT AN 14
	250	+	ALTERNATIVE METHOD OF INS TRUCTION, INCLUDING USE OF OTH ER 15
	251	+	TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS, IF AVAILABLE, DESIGNED TO 16
	252	+	ENABLE A STUDENT WIT H A DISABILITY TO AC HIEVE THE SAME INSTR UCTIONAL 17
	253	+	OUTCOMES CONSISTENT WITH THE STUDENT ’S IEP PLAN, AS DEFINED IN § 8–408 18
	254	+	OF THIS ARTICLE, OR THE STUDENT ’S 504 PLAN, AS PROVIDED UNDER TH E FEDERAL 19
	255	+	REHABILITATION ACT OF 1973. 20
251	256
252		-	(2) A VENDOR THAT FAILS TO MEET THE EQUIVALENT ACCESS 15
253		-	STANDARDS IN AC CORDANCE WITH PARAGR APH (1)(II) OF THIS SUBSECTION : 16
	257	+	(2) AN ONLINE PLATFORM , ONLINE CONTENT , WEBSITE, WEB 21
	258	+	SERVICE, WEBPAGE, EDUCATIONAL RESOURCE PRODUCT, OR ONLINE CURRICULUM 22
	259	+	DEVELOPED OR PURCHAS ED BY A COUNTY BOARD TH AT IS MADE AVAILABLE TO 23
	260	+	ENROLLED STUDENTS OF THE LOCAL SCHOOL SYS TEM OR ONLINE TO THE PUBLIC 24
	261	+	SHALL COMPLY WITH TH E MOST RECENT VERSIO N OF THE WORLD WIDE WEB 25
	262	+	CONSORTIUM’S WEB CONTENT ACCESSIBILITY GUIDELINES. 26
254	263
255		-	(I) IS SUBJECT TO A CIVIL PENALTY OF: 17
	264	+	(I) (1) ON OR BEFORE OCTOBER 1, 2023, AND EACH OCTOBER 1 27
	265	+	THEREAFTER , EACH LOCAL SCHOOL SY STEM SHALL SUBMIT A REPORT TO THE 28
	266	+	DEPARTMENT ON THE ACC ESSIBILITY OF THE DI GITAL TOOLS THE LOCA L SCHOOL 29
	267	+	SYSTEM DEVELOPED OR PURCHASED FOR USE DU RING THE IMMEDIATELY 30
	268	+	PRECEDING FISCAL YEA R. 31
256	269
257		-	1. FOR A FIRST OFFENSE , A FINE NOT EXCEEDING 18
258		-	$5,000; OR 19
	270	+	(2) THE DEPARTMENT SHALL COMP ILE THE INFORMATION 32
	271	+	RECEIVED UNDER PARAG RAPH (1) OF THIS SUBSECTION A ND MAKE THE 33
	272	+	INFORMATION AVAILABL E ON THE DEPARTMENT ’S WEBSITE, INCLUDING THE 34
	273	+	STATUS OF THE ACCESS IBILITY OF THE DIGIT AL TOOLS USED IN EAC H LOCAL 35
	274	+	SCHOOL SYSTEM . 36
259	275
260		-	2. FOR A SUBSEQUENT OFFE NSE, A FINE NOT 20
261		-	EXCEEDING $10,000; AND 21
262		-
263		-	(II) SHALL INDEMNIFY THE STATE BOARD OR COUNTY BOARD 22
264		-	FOR LIABILITY RESULT ING FROM THE USE OF A DIGITAL TOOL THAT FAILS TO MEET 23
265		-	THE EQUIVALENT ACCES S STANDARDS UNDER SU BSECTION (F) OF THIS SECTION , 24
266		-	INCLUDING NONVISUAL ACCESS. 25
267		-
268		-	[(e) If technology–based instructional products are provided to students without 26
269		-	disabilities and not to a student with a disability, the State or local school system shall 27
270		-	implement an alternative method of instruction, including use of other technology–based 28
271		-	instructional products, if available, designed to enable a student with a disability to achieve 29
272		-	the same instructional outcomes consistent with the student’s IEP Plan, as defined in § 30
273		-	8–408 of this article, or the student’s 504 Plan, as provided under the federal Rehabilitation 31
274		-	Act of 1973.] 32
275		-
276		-	(H) (1) IF TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL 33
277		-	TOOLS ARE PROVIDED TO A ST UDENT WITHOUT A DISA BILITY AND NOT TO A 34
278		-	STUDENT WITH A DISAB ILITY, THE STATE OR LOCAL SCHOOL SYSTEM SHALL 35 HOUSE BILL 547 7
	276	+	(J) THE DEPARTMENT SHALL : 37
	277	+	HOUSE BILL 547 7
279	278
280	279
281		-	IMPLEMENT AN ALTERNA TIVE METHOD OF INSTR UCTION, INCLUDING USE OF 1
282		-	OTHER TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL TOOLS , IF 2
283		-	AVAILABLE, DESIGNED TO ENABLE A STUDENT WITH A DISAB ILITY TO ACHIEVE THE 3
284		-	SAME INSTRUCTIONAL O UTCOMES CONSISTENT W ITH THE STUDENT ’S IEP PLAN, AS 4
285		-	DEFINED IN § 8–408 OF THIS ARTICLE, OR THE STUDENT ’S 504 PLAN, AS PROVIDED 5
286		-	UNDER THE FEDERAL REHABILITATION ACT OF 1973. 6
	280	+	(1) MONITOR COMPLIANCE WI TH THE REQUIREMENTS FOR 1
	281	+	ACCESSIBILITY OF TEC HNOLOGY–BASED INSTRUCTIONAL PRODUCTS UNDER 2
	282	+	COMAR 13.A.05.02; 3
287	283
288		-	(2) AN ONLINE PLATFORM , ONLINE CONTENT , WEBSITE, WEB 7
289		-	SERVICE, WEBPAGE, EDUCATIONAL RESOURCE PRODUCT, OR ONLINE CURRICULUM 8
290		-	DEVELOPED OR PURCHAS ED BY A COUNTY BOARD THAT IS MADE AVAILABLE TO 9
291		-	ENROLLED STUDENTS OF THE LOCAL SCHOOL SYS TEM OR ONLINE TO THE PUBLIC 10
292		-	SHALL COMPLY WITH TH E MOST RECENT VERSIO N OF THE WORLD WIDE WEB 11
293		-	CONSORTIUM’S WEB CONTENT ACCESSIBILITY GUIDELINES. 12
	284	+	(2) ANNUALLY UPDATE THE R EQUIREMENTS FOR ACCE SSIBILITY OF 4
	285	+	TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS UNDER COMAR 13.A.05.02; AND 5
294	286
295		-	(I) (1) ON OR BEFORE OCTOBER 1, 2023, AND EACH OCTOBER 1 13
296		-	THEREAFTER , EACH LOCAL SCHOOL SY STEM SHALL SUBMIT A REPORT TO THE 14
297		-	DEPARTMENT ON THE ACC ESSIBILITY OF THE DI GITAL TOOLS THE LOCA L SCHOOL 15
298		-	SYSTEM DEVELOPED OR PURCHASED FOR USE DU RING THE IMMEDIATELY 16
299		-	PRECEDING FISCAL YEA R. 17
	287	+	(3) ON OR BEFORE DECEMBER 31 EACH YEAR, REPORT ITS FINDINGS 6
	288	+	TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 7
	289	+	GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 8
300	290
301		-	(2) THE DEPARTMENT SHALL COMPILE THE INFORMAT ION 18
302		-	RECEIVED UNDER PARAG RAPH (1) OF THIS SUBSECTION A ND MAKE THE 19
303		-	INFORMATION AVAILABL E ON THE DEPARTMENT ’S WEBSITE, INCLUDING THE 20
304		-	STATUS OF THE ACCESS IBILITY OF THE DIGIT AL TOOLS USED IN EAC H LOCAL 21
305		-	SCHOOL SYSTEM . 22
306		-
307		-	(J) THE DEPARTMENT S HALL: 23
308		-
309		-	(1) MONITOR COMPLIANCE WI TH THE REQUIREMENTS FOR 24
310		-	ACCESSIBILITY OF TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL 25
311		-	TOOLS UNDER COMAR 13.A.05.02 13A.06.05; 26
312		-
313		-	(2) ANNUALLY UPDATE THE R EQUIREMENTS FOR ACCE SSIBILITY OF 27
314		-	TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL TOOLS UNDER COMAR 28
315		-	13.A.05.02 13A.06.05; AND 29
316		-
317		-	(3) ON OR BEFORE DECEMBER 31 EACH YEAR, REPORT ITS FINDINGS 30
318		-	TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 31
319		-	GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 32
320		-
321		-	SECTION 2. AND BE IT FURTH ER ENACTED, That this Act shall take effect July 33
322		-	1, 2022. 34
	291	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9
	292	+	1, 2022. 10
323	293