EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0617*
SENATE BILL 617
F1 2lr1012
SB 921/21 – EHE CF HB 547
By: Senators Zucker, Ferguson, Lam, Klausmeier, Hayes, Waldstreicher, Jackson,
Hettleman, Beidle, and Jennings
Introduced and read first time: February 2, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Local School Systems – Equivalent Access Standards – Digital Tools 2
(Nonvisual Access Accountability Act for K–12 Education) 3
FOR the purpose of requiring a local school system to provide equivalent access to digital 4
tools for students with disabilities, including the development, purchase, and 5
provision of certain digital tools; requiring the Secretary of Disabilities, rather than 6
the Secretary of Commerce, to ensure jointly with the State Superintendent of 7
Schools that certain specifications are used in certain grants and procurement 8
contracts; requiring a procurement contract for a digital tool to require a vendor to 9
indemnify the State Board of Education or a local school system for certain liabilities 10
and costs; requiring a vendor who provided a local school system with a digital tool 11
that fails to meet certain standards to modify the digital tool at the vendor’s expense 12
to meet certain equivalent access standards within a certain period of time; and 13
generally relating to equivalent access standards for digital tools developed or 14
purchased by local school systems. 15
BY repealing and reenacting, with amendments, 16
Article – Education 17
Section 7–910 18
Annotated Code of Maryland 19
(2018 Replacement Volume and 2021 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Education 23
7–910. 24
2 SENATE BILL 617
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “DIGITAL TOOL” MEANS: 3
(I) AN ONLINE PLATFORM ; 4
(II) A COURSE; 5
(III) INFORMATION AND COMMU NICATION TECHNOLOGY 6
SERVICES, INCLUDING SOFTWARE AND OPERATI NG SYSTEMS; 7
(IV) DIGITAL CONTENT ; OR 8
(V) OTHER DIGITAL TECHNOLOGIES NOT REQUIRING SIGHT IN 9
AN EQUALLY EFFECTIVE AND INTEGRATED MANNE R. 10
(3) (I) “EQUIVALENT ACCESS ” MEANS THE ABILITY TO RECEIVE, 11
USE, AND MANIPULATE INFOR MATION AND OPERATE CONTROLS NECESSARY TO 12
ACCESS AND USE INFOR MATION TECHNOLOGY BY NONVISUAL MEANS , SO THAT A 13
STUDENT WITH DISABIL ITIES CAN ACCESS THE SAME SERVICES AS A S TUDENT 14
WITHOUT DISABILITIES WITH SUBSTANTIALLY E QUIVALENT EASE OF USE. 15
(II) “EQUIVALENT A CCESS” INCLUDES: 16
1. KEYBOARD CONTROLS USE D FOR INPUT AND 17
SYNTHESIZED SPEECH ; 18
2. BRAILLE; AND 19
3. OTHER AUDIBLE OR TACT ILE MEANS USED FOR 20
OUTPUT. 21
(4) “NONVISUAL ACCESS ” MEANS THE ABILITY TO RECEIVE, USE, AND 22
MANIPULATE INFORMATI ON AND OPERATE CONTROLS NEC ESSARY TO ACCESS 23
INFORMATION AND COMM UNICATIONS TECHNOLOG Y THROUGH KEYBOARD 24
CONTROL S, SYNTHESIZED SPEECH , BRAILLE, OR OTHER METHODS NOT REQUIRING 25
SIGHT. 26
[(a)] (B) The State Superintendent and the Secretary of [Commerce] 27
DISABILITIES jointly shall ensure that specifications used in all grants and procurement 28
contracts for technology–based instructional products require equivalent access for 29
students with disabilities, including blindness, in accordance with the technical standards 30 SENATE BILL 617 3
for electronic and information technology issued under subsection (a)(2) of Section 508 of 1
the federal Rehabilitation Act of 1973, 29 U.S.C. § 794d(a)(2). 2
[(b)] (C) (1) This subsection [does not apply] APPLIES to teacher–developed 3
instructional materials [until fiscal year 2005]. 4
(2) Invitations for bids, requests for proposals, procurement contracts, 5
grants, or modifications to contracts or grants issued by the State or any local school system 6
shall include notice of the equivalent access requirement whenever funds awarded may be 7
used to develop or obtain technology–based instructional products. 8
(3) (I) BEGINNING SEPTEMBER 1, 2023, AN INVITATION FOR BIDS 9
OR REQUEST FOR PROPO SALS FOR A DIGITAL T OOL ISSUED BY THE STATE BOARD 10
OR A LOCAL SCHOOL SYSTEM SHALL REQUIRE A VENDO R TO SUBMIT AN 11
ACCESSIBILITY CONFOR MANCE REPORT THAT INCLUDES A VOLUNTARY PRODUCT 12
ACCESSIBILITY TEMPLATE. 13
(II) THE ACCESSIBILITY CON FORMANCE REPORT REQU IRED IN 14
SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL EXPLAIN HOW INFORMATION AND 15
COMMUNICATION TECHNO LOGY PRODUCTS , INCLUDING SOFTWARE , HARDWARE , 16
ELECTRONIC CONTENT , AND SUPPORT DOCUMENT ATION, CONFORM TO THE MOST 17
RECENT SECTION 508 STANDARDS FOR INFORMATION TECHNOLOGY ACCESSIBI LITY 18
UNDER THE FEDERAL REHABILITATION ACT OF 1973. 19
(4) (I) A LOCAL SCHOOL SYSTEM SHALL ESTABLISH A PR OCESS TO 20
EVALUATE A DIGITAL T OOL BEING CONSIDERED FOR DEVELOPMENT OR P URCHASE 21
FOR CONFORMITY WITH THE REQUIREMENTS OF THIS SECTION. 22
(II) THE EVALUATION PROCES S ESTABLISHED UNDER 23
SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL INCL UDE EVALUATION OF TH E 24
DIGITAL TOOL FOR NON VISUAL ACCESS BY AN EMPLOYEE OF THE LO CAL SCHOOL 25
SYSTEM WHO : 26
1. SPECIALIZES IN ACCESSIBILITY AND WEB CONTENT 27
ACCESSIBILITY GUIDELINES; OR 28
2. IS A BLINDNESS SPECIA LIST WHO IS 29
KNOWLEDGEABLE IN ACC ESSIBILITY. 30
(III) A PROCUREMENT CONTRACT FOR A DIGITAL TOOL SHALL 31
REQUIRE A VENDOR TO INDEMNIFY THE STATE BOARD OR A LOCAL SCHOOL SYSTEM 32
FOR LIABILITY AND CO STS ARISING FROM THE FAILURE OF THE DIGIT AL TOOL TO 33
MEET THE REQUIREMENT S OF THIS SECTION. 34
4 SENATE BILL 617
(5) EXCEPT AS PROVIDED IN SUBSECTION (E)(2) OF THIS SECTION , 1
THE STATE BOARD OR A LOCAL SCHOOL SYSTEM MAY NOT APPROVE A 2
PROCUREMENT CONTRACT FOR A DIGITAL TOOL T HAT FAILS TO MEET TH E 3
REQUIREMENTS OF THIS SECTION. 4
[(c)] (D) The State and each local school system shall also ensure that the 5
equivalent access standards are included in guidelines used for design specifications for 6
and evaluation and selection of technology–based instructional products. 7
[(d)] (E) (1) (I) Following an evaluation of technology–based instructional 8
products, the State or local school system shall [select] PRIORITIZE the available product 9
that best meets the specifications and has the greatest functionality for equivalent access 10
for students with disabilities, including blindness. 11
(II) BEGINNING OCTOBER 1, 2024, FOLLOWING AN 12
EVALUATION OF TECHNO LOGY–BASED INSTRUCTIONAL PRODUCT S, A LOCAL 13
SCHOOL SYSTEM SHALL SELECT THE AVAILABLE PRODUC T THAT BEST MEETS TH E 14
EQUIVALENT ACCESS ST ANDARDS AND HAS THE GREATEST FUNCTIONALITY FOR 15
EQUIVALENT ACCESS FOR STUDENTS WITH DISABI LITIES, INCLUDING BLINDNESS . 16
(2) (I) If a product that meets the equivalent access standards is not 17
available, or if obtaining an available product would fundamentally alter the nature of the 18
instructional activity or would result in an undue burden, the local school system [may 19
obtain a product that does not meet the equivalent access standards but provides the best 20
equivalent access functionality] SHALL NOTIFY THE DEPARTMENT . 21
(II) AFTER THE DEPARTMENT RECEIVES A NOTICE UNDER 22
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE DEPARTMENT SHALL CONSULT WITH 23
THE DEPARTMENT OF INFORMATION TECHNOLOGY AND THE DEPARTMENT OF 24
DISABILITIES TO ENSUR E THAT ANOTHER PRODU CT IS PURCHASED THAT WILL 25
OFFER AN EFFECTIVE E DUCATIONAL OPTION. 26
[(3) The Department shall: 27
(i) Monitor compliance with the requirements of accessibility of 28
technology–based instructional products set forth in COMAR 13.A.05.02; and 29
(ii) Report its findings, in accordance with § 2–1257 of the State 30
Government Article, to the General Assembly on or before December 31 of each year.] 31
(F) (1) A DIGITAL TOOL DEVELOP ED OR PURCHASED BY A COUNTY 32
BOARD FOR USE BY THE LOCAL SCHOOL SYSTEM SHALL INCLUDE SPECIF ICATIONS 33
FOR ACCESS FOR STUDE NTS WITH DISABILITIE S, INCLUDING NONVISUAL ACCESS, IN 34
ACCORDANCE WITH THE TECHNICAL STANDARDS FOR ELECTRONIC AND 35
INFORMATION TECHNOLO GY ISSUED UNDER : 36 SENATE BILL 617 5
(I) SUBSECTION (A)(2) OF SECTION 508 OF THE FEDERAL 1
REHABILITATION ACT OF 1973; OR 2
(II) ANY OTHER WIDELY ACCE PTED OR FREELY AVAIL ABLE 3
TECHNICAL STANDARD . 4
(2) A LOCAL SCHOOL SYSTEM SHALL PROVIDE A STUD ENT WITH 5
DISABILITIES ACCESS TO DIGITAL TOOLS THA T: 6
(I) ARE FULLY AND EQUALLY ACCESSIBLE TO AND 7
INDEPENDENTLY USABLE BY A STUDENT WITH DI SABILITIES; AND 8
(II) ENABLE A STUDENT WITH DISABILITIES TO ACQU IRE THE 9
SAME INFORMATION , PARTICIPATE IN THE S AME INTERACTIONS , AND ACCESS THE 10
SAME SERVICES AS A S TUDENT WITHOUT DISAB ILITIES, WITH SUBSTANTIALLY 11
EQUIVALENT EASE OF U SE. 12
(G) (1) (I) IF A LOCAL SCHOOL SYSTEM FINDS THAT A DIGITAL TOOL 13
FAILS TO MEET THE EQUIVALENT ACCESS ST ANDARDS UNDER SUBSECTION (F) OF 14
THIS SECTION , INCLUDING NONVISUAL ACCESS, WITHIN 18 MONTHS AFTER 15
DEVELOPMENT OR PURCH ASE OF THE DIGITAL T OOL, THE LOCAL SCHOOL SYSTEM 16
SHALL SEND A WRITTEN NOTICE TO THE VENDOR OF THE VENDOR ’S FAILURE TO 17
COMPLY WITH THE EQUIVALENT A CCESS STANDARD S REQUIRED UNDER THE 18
PROCUREMENT CONTRACT . 19
(II) ON RECEIPT OF NOTICE FROM A LOCAL SCHOOL SYSTEM 20
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , A VENDOR, AT THE VENDOR ’S 21
EXPENSE, SHALL MODIFY THE DIG ITAL TOOL TO MEET TH E REQUIRED EQUIVALENT 22
ACCESS STANDARD S WITHIN A TIMEFRAME AGREED ON BY THE LOCAL SCHOOL 23
SYSTEM AND THE VENDOR . 24
(2) A VENDOR THAT FAILS TO MEET THE EQUIVALENT ACCESS 25
STANDARD S IN ACCORDANCE WITH PARAGRAPH (1)(II) OF THIS SUBSECTION : 26
(I) IS SUBJECT TO A CIVIL PENALTY OF: 27
1. FOR A FIRST OFFENSE , A FINE NOT EXCEEDING 28
$5,000; OR 29
2. FOR A SUBSEQUENT OFFE NSE, A FINE NOT 30
EXCEEDING $10,000; AND 31
6 SENATE BILL 617
(II) SHALL INDEMNIFY THE STATE BOARD FOR LIABILITY 1
RESULTING FROM THE U SE OF A DIGITAL TOOL THAT FAILS TO MEET T HE 2
EQUIVALENT ACCESS STANDARD S UNDER SUBSECTION (F) OF THIS SECTION , 3
INCLUDING NONVISUAL ACCESS. 4
[(e) If technology–based instructional products are provided to students without 5
disabilities and not to a student with a disability, the State or local school system shall 6
implement an alternative method of instruction, including use of other technology–based 7
instructional products, if available, designed to enable a student with a disability to achieve 8
the same instructional outcomes consistent with the student’s IEP Plan, as defined in § 9
8–408 of this article, or the student’s 504 Plan, as provided under the federal Rehabilitation 10
Act of 1973.] 11
(H) (1) IF TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS ARE 12
PROVIDED TO A STUDENT WITHOUT A DISABILITY AND NOT TO A STUDENT WITH A 13
DISABILITY, THE STATE OR LOCAL SCHOOL SYSTEM SHALL IMPLEMENT AN 14
ALTERNATIVE METHOD O F INSTRUCTION, INCLUDING USE OF OTH ER 15
TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS, IF AVAILABLE, DESIGNED TO 16
ENABLE A STUDENT WIT H A DISABILITY TO AC HIEVE THE SAME INSTR UCTIONAL 17
OUTCOMES CONSISTENT WITH THE STUDENT ’S IEP PLAN, AS DEFINED IN § 8–408 18
OF THIS ARTICLE, OR THE STUDENT ’S 504 PLAN, AS PROVIDED UNDER TH E FEDERAL 19
REHABILITATION ACT OF 1973. 20
(2) AN ONLINE PLATFORM , ONLINE CONTENT , WEBSITE, WEB 21
SERVICE, WEBPAGE, EDUCATIONAL RESOURCE PRODUCT, OR ONLINE CURRICULUM 22
DEVELOPED OR PURCHAS ED BY A COUNTY BOARD THAT IS MADE AVAILABLE TO 23
ENROLLED STUDENTS OF THE LOCAL SCHOOL SYS TEM OR ONLINE TO THE PUBLIC 24
SHALL COMPLY WITH TH E MOST RECENT VERSION OF THE WORLD WIDE WEB 25
CONSORTIUM’S WEB CONTENT ACCESSIBILITY GUIDELINES. 26
(I) (1) ON OR BEFORE OCTOBER 1, 2023, AND EACH OCTOBER 1 27
THEREAFTER , EACH LOCAL SCHOOL SYSTEM SHALL SUBMIT A REPOR T TO THE 28
DEPARTMENT ON THE ACC ESSIBILITY OF THE DI GITAL TOOLS THE LOCA L SCHOOL 29
SYSTEM DEVELOPED OR PURCHASED FOR USE DU RING THE IMMEDIATELY 30
PRECEDING FISCAL YEAR. 31
(2) THE DEPARTMENT SHALL COMP ILE THE INFORMATION 32
RECEIVED UNDER PARAG RAPH (1) OF THIS SUBSECTION A ND MAKE THE 33
INFORMATION AVAILABL E ON THE DEPARTMENT ’S WEBSITE, INCLUDING THE 34
STATUS OF THE ACCESS IBILITY OF THE DIGIT AL TOOLS USED IN EAC H LOCAL 35
SCHOOL SYSTEM . 36
(J) THE DEPARTMENT SHALL : 37
SENATE BILL 617 7
(1) MONITOR COMPLIANCE WI TH THE REQUIREMENTS FOR 1
ACCESSIBILITY OF TEC HNOLOGY–BASED INSTRUCTIONAL PRODUCTS UNDER 2
COMAR 13.A.05.02; 3
(2) ANNUALLY U PDATE THE REQUIREMENTS FOR ACCESSIBILITY OF 4
TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS UNDER COMAR 13.A.05.02; AND 5
(3) ON OR BEFORE DECEMBER 31 EACH YEAR, REPORT ITS FINDINGS 6
TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 7
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9
1, 2022. 10