EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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 F OLLOWING 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 COMMU NICATION TECHNOLOGY 10
SERVICES, INCLUDING SOFTWARE A ND OPERATING SYSTEMS , THAT ARE DIRECTLY 11
CONNECTED TO STUDENT INSTRUCTION; 12
(IV) DIGITAL CONTENT ; OR 13
(V) OTHER DIGITAL TECHNOL OGIES NOT REQUIRING SIGHT IN 14
AN EQUALLY EFFECTIVE AND INTEGRATED MANNE R. 15
(3) (I) “EQUIVALENT ACCESS ” MEANS THE ABILITY TO RECEIVE, 16
USE, AND MANIPULATE INFOR MATION AND OPERATE C ONTROLS NECESSARY TO 17
ACCESS AND USE INFOR MATION TECHNOLOGY , INCLUDING BY NONVISUAL MEANS , 18
SO THAT A STUDENT WI TH DISABILITIES CAN ACCESS THE SAME SERV ICES AS A 19
STUDENT WITHOUT DISA BILITIES WITH SUBSTA NTIALLY EQUIVALENT E ASE OF USE. 20
(II) “EQUIVALENT ACCESS ” INCLUDES: 21
1. KEYBOARD CONTROLS USE D FOR INPUT AND 22
SYNTHESIZED SPEECH ; 23
2. BRAILLE; AND 24
3. OTHER AUDIBLE OR TACT ILE MEANS USED FOR 25
OUTPUT. 26
(4) “NONVISUAL ACCESS ” MEANS THE ABILITY TO RECEIVE, USE, AND 27
MANIPULATE INFORMATI ON AND OPERATE CONT ROLS NECESSARY TO AC CESS 28
INFORMATION AND COMM UNICATIONS TECHNOLOG Y 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 I N ALL GRANTS AND PRO CUREMENT 9
CONTRACTS FOR DIGITA L TOOLS SHALL GIVE PRIMARY CONSIDE RATION 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 DIGI TAL TOOL ISSUED BY T HE STATE 19
BOARD OR A LOCAL SCHO OL SYSTEM SHALL REQU IRE A VENDOR TO SUBMIT AN 20
ACCESSIBILITY CONFOR MANCE REPORT THAT IN CLUDES A VOLUNTARY PRODUCT 21
ACCESSIBILITY TEMPLATE. 22
(II) THE ACCESSIBILITY CON FORMANCE REPORT REQU IRED IN 23
SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL EXPLAIN HOW INFO RMATION AND 24
COMMUNICATION TECH NOLOGY PRODUCTS , INCLUDING SOFTWARE , HARDWARE , 25
ELECTRONIC CONTENT , AND SUPPORT DOCUMENT ATION, CONFORM TO THE MOST 26
RECENT SECTION 508 STANDARDS FOR INFORM ATION TECHNOLOGY ACC ESSIBILITY 27
UNDER THE FEDERAL REHABILITATION ACT OF 1973. 28
(4) (3) (I) A LOCAL SCH OOL SYSTEM SHALL EST ABLISH A 29
PROCESS TO EVALUATE A DIGITAL TOOL BEING CONSIDERED FOR DEVEL OPMENT OR 30
PURCHASE FOR CONFORM ITY WITH THE REQUIRE MENTS OF THIS SECTIO N. 31
(II) THE EVALUATION PROCES S ESTABLISHED UNDER 32
SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL INCLUDE EVALUATION OF THE 33
DIGITAL TOOL FOR EQUIVALENT ACCESS AN D NONVISUAL ACCESS BY AN EMPLOYEE 34
OR A CONTRACTOR OF THE LOCAL SCHOOL SYSTEM WHO : 35
4 HOUSE BILL 547
1. SPECIALIZES IN ACCESS IBILITY AND WEB CONTENT 1
ACCESSIBILITY GUIDELINES; OR 2
2. IS A BLINDNESS SPECIALIST WHO IS 3
KNOWLEDGEABLE IN ACC ESSIBILITY. 4
(III) (4) A PROCUREMENT CONTRACT FOR A DIGITAL TOOL 5
SHALL REQUIRE A VEND OR TO INDEMNIFY THE STATE BOARD OR A LOCAL SCHO OL 6
SYSTEM FOR LIABILITY AND COSTS ARISING FR OM THE FAILURE OF TH E DIGITAL 7
TOOL TO MEET THE REQUIREMENTS OF THIS SECTION. 8
(5) EXCEPT AS PROVIDED IN SUBSECTION (E)(2) OF THIS SECTION , 9
THE STATE BOARD OR A LOCAL SCHO OL SYSTEM MAY NOT AP PROVE A 10
PROCUREMENT CONTRACT FOR A DIGITAL TOOL T HAT FAILS TO MEET TH E 11
REQUIREMENTS OF THIS SECTION. 12
[(c)] (D) The State and each local school system shall also ensure that the 13
equivalent access standards are included in guidelines used for design specifications for 14
and evaluation and selection of technology–based instructional products DIGITAL TOOLS . 15
[(d)] (E) (1) (I) Following an evaluation of technology–based instructional 16
products DIGITAL TOOLS , the State or local school system shall, FROM AMONG DIGITAL 17
TOOLS THAT OFFER PED AGOGICAL VALUE , [select] PRIORITIZE the available product 18
that best meets the specifications and has the greatest functionality for equivalent access 19
for students with disabilities, including blindness. 20
(II) BEGINNING OCTOBER 1, 2024, FOLLOWING AN 21
EVALUATION OF TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL TOOLS, 22
A LOCAL SCHOOL SYSTEM SHALL SELECT, FROM AMONG THE AVAIL ABLE PRODUCTS 23
THAT OFFER PEDAGOGIC AL VALUE, THE AVAILABLE PRODUC T THAT BEST MEETS 24
THE EQUIVALENT ACCES S STANDARDS AND HAS THE GREATEST FUNCTIO NALITY 25
FOR EQUIVALENT ACCES S FOR STUDENTS WITH DISABILITIES, INCLUDING 26
BLINDNESS. 27
(2) (I) If A LOCAL SCHOOL SYSTE M DETERMINES THAT a product 28
that meets the equivalent access standards is not available, or if obtaining an available 29
product would fundamentally alter the nature of the instructional activity or would result 30
in an undue burden, the local school system [may obtain a product that does not meet the 31
equivalent access standards but provides the best equivalent access functionality] SHALL 32
NOTIFY THE DEPARTMENT . 33
(II) AFTER THE DEPARTMENT RECEIVES A NOTICE UNDER 34
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE DEPARTMENT SHALL CONS ULT WITH 35
THE DEPARTMENT OF INFORMATION TECHNOLOGY AND THE DEPARTMENT OF 36 HOUSE BILL 547 5
DISABILITIES TO ENSURE THAT ANOTHER PRODUCT IS PURCHASED THAT WILL 1
OFFER AN EFFECTIVE EDUCATIONAL OPTION. DETERMINE HOW TO PRO CEED. 2
(III) IF, AFTER THE CONSULTATI ON PROCESS , THE 3
DEPARTMENT DETERMINES THAT THERE IS AN AVA ILABLE PRODUCT THAT MEETS 4
THE EQUIVALENT ACCES S STANDARD, A LOCAL SCHOOL SYSTE M SHALL OBTAIN 5
THAT PRODUCT . 6
(IV) IF, AFTER THE CONSULTATI ON PROCESS , THE 7
DEPARTMENT DETERMINES THAT THERE IS NO AVA ILABLE PRODUCT THAT MEETS 8
THE EQUIVALENT ACCES S STANDARDS, A LOCAL SCHOOL SYSTE M MAY, WITH THE 9
DEPARTMENT ’S APPROVAL , OBTAIN A PRODUCT THA T DOES NOT MEET THE 10
EQUIVALENT ACCESS STANDARDS BUT PROVIDES THE BEST EQ UIVALENT 11
FUNCTIONALITY . 12
[(3) The Department shall: 13
(i) Monitor compliance with the requirements of accessibility of 14
technology–based instructional products set forth in COMAR 13.A.05.02; and 15
(ii) Report its findings, in accordance with § 2–1257 of the State 16
Government Article, to the General Assembly on or before December 31 of each year.] 17
(F) (1) A DIGITAL TOOL DEVELOP ED OR PURCHASED BY A COUNTY 18
BOARD FOR USE BY THE LOCAL SCHOOL SYSTEM SHALL INCLUDE SPECIFICATIONS 19
FOR ACCESS FOR STUDE NTS WITH DISABILITIE S, INCLUDING NONVISUAL ACCESS, IN 20
ACCORDANCE WITH THE TECHNICAL STANDARDS FOR ELECTRONIC AND 21
INFORMATION TECHNOLO GY ISSUED UNDER : 22
(I) SUBSECTION (A)(2) OF SECTION 508 OF THE FEDERAL 23
REHABILITATION ACT OF 1973; OR 24
(II) ANY OTHER WIDELY ACCE PTED OR AND FREELY AVAILABLE 25
TECHNICAL STANDARD . 26
(2) A LOCAL SCHOOL SYSTEM SHALL PROVIDE A STUD ENT WITH 27
DISABILITIES ACCESS TO DIGITAL TOOLS THA T: 28
(I) ARE FULLY AND EQUALLY ACCESSIBLE TO AND PROVIDE 29
EQUIVALENT ACCESS TO AN D ARE INDEPENDENTLY USABLE BY A STUDENT WITH 30
DISABILITIES; AND 31
(II) ENABLE A STUDENT WITH DISABILITIES TO ACQU IRE THE 32
SAME INFORMATION , PARTICIPATE IN THE S AME INTERACTIONS , AND ACCESS THE 33 6 HOUSE BILL 547
SAME SERVICES AS A S TUDENT WITHOUT DISAB ILITIES, WITH SUBSTANTIALLY 1
EQUIVALENT EASE OF U SE. 2
(G) (1) (I) IF A LOCAL SCHOOL SYS TEM FINDS THAT A DIG ITAL TOOL 3
FAILS TO MEET THE EQ UIVALENT ACCESS STAN DARDS UNDER SUBSECTI ON (F) OF 4
THIS SECTION , INCLUDING NONVISUAL ACCESS, WITHIN 18 MONTHS AFTER 5
DEVELOPMENT OR PURCH ASE OF THE DIGITAL T OOL, THE LOCAL SCHOOL SYS TEM 6
SHALL SEND A WRITTEN NOTICE TO THE VENDOR OF THE VENDOR ’S FAILURE TO 7
COMPLY WITH THE EQUI VALENT ACCESS STANDA RDS REQUIRED UNDER T HE 8
PROCUREMENT CONTRACT . 9
(II) ON RECEIPT OF NOTICE FROM A LOCAL SCHOOL SYSTEM 10
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , A VENDOR, AT THE VENDOR ’S 11
EXPENSE, SHALL MODIFY THE DIG ITAL TOOL TO MEET TH E REQUIRED EQUIVALEN T 12
ACCESS STANDARDS WIT HIN A TIMEFRAME AGRE ED ON BY THE LOCAL S CHOOL 13
SYSTEM AND THE VENDO R. 14
(2) A VENDOR THAT FAILS TO MEET THE EQUIVALENT ACCESS 15
STANDARDS IN AC CORDANCE WITH PARAGR APH (1)(II) OF THIS SUBSECTION : 16
(I) IS SUBJECT TO A CIVIL PENALTY OF: 17
1. FOR A FIRST OFFENSE , A FINE NOT EXCEEDING 18
$5,000; OR 19
2. FOR A SUBSEQUENT OFFE NSE, A FINE NOT 20
EXCEEDING $10,000; AND 21
(II) SHALL INDEMNIFY THE STATE BOARD OR COUNTY BOARD 22
FOR LIABILITY RESULT ING FROM THE USE OF A DIGITAL TOOL THAT FAILS TO MEET 23
THE EQUIVALENT ACCES S STANDARDS UNDER SU BSECTION (F) OF THIS SECTION , 24
INCLUDING NONVISUAL ACCESS. 25
[(e) If technology–based instructional products are provided to students without 26
disabilities and not to a student with a disability, the State or local school system shall 27
implement an alternative method of instruction, including use of other technology–based 28
instructional products, if available, designed to enable a student with a disability to achieve 29
the same instructional outcomes consistent with the student’s IEP Plan, as defined in § 30
8–408 of this article, or the student’s 504 Plan, as provided under the federal Rehabilitation 31
Act of 1973.] 32
(H) (1) IF TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL 33
TOOLS ARE PROVIDED TO A ST UDENT WITHOUT A DISA BILITY AND NOT TO A 34
STUDENT WITH A DISAB ILITY, THE STATE OR LOCAL SCHOOL SYSTEM SHALL 35 HOUSE BILL 547 7
IMPLEMENT AN ALTERNA TIVE METHOD OF INSTR UCTION, INCLUDING USE OF 1
OTHER TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL TOOLS , IF 2
AVAILABLE, DESIGNED TO ENABLE A STUDENT WITH A DISAB ILITY TO ACHIEVE THE 3
SAME INSTRUCTIONAL O UTCOMES CONSISTENT W ITH THE STUDENT ’S IEP PLAN, AS 4
DEFINED IN § 8–408 OF THIS ARTICLE, OR THE STUDENT ’S 504 PLAN, AS PROVIDED 5
UNDER THE FEDERAL REHABILITATION ACT OF 1973. 6
(2) AN ONLINE PLATFORM , ONLINE CONTENT , WEBSITE, WEB 7
SERVICE, WEBPAGE, EDUCATIONAL RESOURCE PRODUCT, OR ONLINE CURRICULUM 8
DEVELOPED OR PURCHAS ED BY A COUNTY BOARD THAT IS MADE AVAILABLE TO 9
ENROLLED STUDENTS OF THE LOCAL SCHOOL SYS TEM OR ONLINE TO THE PUBLIC 10
SHALL COMPLY WITH TH E MOST RECENT VERSIO N OF THE WORLD WIDE WEB 11
CONSORTIUM’S WEB CONTENT ACCESSIBILITY GUIDELINES. 12
(I) (1) ON OR BEFORE OCTOBER 1, 2023, AND EACH OCTOBER 1 13
THEREAFTER , EACH LOCAL SCHOOL SY STEM SHALL SUBMIT A REPORT TO THE 14
DEPARTMENT ON THE ACC ESSIBILITY OF THE DI GITAL TOOLS THE LOCA L SCHOOL 15
SYSTEM DEVELOPED OR PURCHASED FOR USE DU RING THE IMMEDIATELY 16
PRECEDING FISCAL YEA R. 17
(2) THE DEPARTMENT SHALL COMPILE THE INFORMAT ION 18
RECEIVED UNDER PARAG RAPH (1) OF THIS SUBSECTION A ND MAKE THE 19
INFORMATION AVAILABL E ON THE DEPARTMENT ’S WEBSITE, INCLUDING THE 20
STATUS OF THE ACCESS IBILITY OF THE DIGIT AL TOOLS USED IN EAC H LOCAL 21
SCHOOL SYSTEM . 22
(J) THE DEPARTMENT S HALL: 23
(1) MONITOR COMPLIANCE WI TH THE REQUIREMENTS FOR 24
ACCESSIBILITY OF TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL 25
TOOLS UNDER COMAR 13.A.05.02 13A.06.05; 26
(2) ANNUALLY UPDATE THE R EQUIREMENTS FOR ACCE SSIBILITY OF 27
TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL TOOLS UNDER COMAR 28
13.A.05.02 13A.06.05; AND 29
(3) ON OR BEFORE DECEMBER 31 EACH YEAR, REPORT ITS FINDINGS 30
TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 31
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 32
SECTION 2. AND BE IT FURTH ER ENACTED, That this Act shall take effect July 33
1, 2022. 34