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.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 22, 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 SENATE BILL 617
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 TECHNOLOGIES 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 CONTR OLS NECESSARY TO ACC ESS 28
INFORMATION AND COMM UNICATIONS TECHNOLOGY THROUGH K EYBOARD 29 SENATE BILL 617 3
CONTROLS, SYNTHESIZED SPEECH , BRAILLE, OR OTHER METHODS NOT REQUIRING 1
SIGHT. 2
[(a)] (B) 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
[(b)] (C) (1) This subsection [does not apply] APPLIES to teacher–developed 9
instructional materials [until fiscal year 2005]. 10
(2) Invitations for bids, requests for proposals, procurement contracts, 11
grants, or modifications to contracts or grants issued by the State or any local school system 12
shall include notice of the equivalent access requirement whenever funds awarded may be 13
used to develop or obtain technology–based instructional products DIGITAL TOOLS . 14
(3) (I) BEGINNING SEPTEMBER 1, 2023, AN INVITATION FOR BI DS 15
OR REQUEST FOR PROPO SALS FOR A DIGITAL T OOL ISSUED BY THE STATE BOARD 16
OR A LOCAL SCHOOL SY STEM SHALL REQUIRE A VENDOR TO SUBMIT AN 17
ACCESSIBILITY CONFOR MANCE REPORT THAT IN CLUDES A VOLUNTARY PRODUCT 18
ACCESSIBILITY TEMPLATE. 19
(II) THE ACCESSIBILITY CON FORMANCE REPORT REQU IRED IN 20
SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL EXPLAIN HOW INFO RMATION AND 21
COMMUNICATION TECHNO LOGY PRODUCTS , INCLUDING SOFTWARE , HARDWARE , 22
ELECTRONIC CONTENT , AND SUPPORT DOCUMENT ATION, CONFORM T O THE MOST 23
RECENT SECTION 508 STANDARDS FOR INFORM ATION TECHNOLOGY ACC ESSIBILITY 24
UNDER THE FEDERAL REHABILITATION ACT OF 1973. 25
(4) (I) A LOCAL SCHOOL SYSTEM SHALL ESTABLISH A PR OCESS TO 26
EVALUATE A DIGITAL T OOL BEING CONSIDERED FOR DEVELOPMENT OR P URCHASE 27
FOR CONFORMITY WITH THE REQUIREMENTS OF THIS SECTION. 28
(II) THE EVALUATION PROCES S ESTABLISHED UNDER 29
SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL INCLUDE EVALUATI ON OF THE 30
DIGITAL TOOL FOR EQUIVALENT ACCESS AN D NONVISUAL ACCESS BY AN EMPLOYEE 31
OR A CONTRACTOR OF THE LOCAL SCHOOL SYSTEM WHO : 32
1. SPECIALIZES IN ACCESS IBILITY AND WEB CONTENT 33
ACCESSIBILITY GUIDELINES; OR 34
4 SENATE BILL 617
2. IS A BLINDNESS SPECIA LIST WHO IS 1
KNOWLEDGEABLE IN ACC ESSIBILITY. 2
(III) (5) A PROCUREMENT CONTRACT FOR A DIGITAL TOOL 3
SHALL REQUIRE A VENDO R TO INDEMNIFY THE STATE BOARD OR A LOCAL SCHO OL 4
SYSTEM FOR LIABILITY AND COSTS ARISING FR OM THE FAILURE OF TH E DIGITAL 5
TOOL TO MEET THE REQ UIREMENTS OF THIS SE CTION. 6
(5) (6) EXCEPT AS PROVIDED IN SUBSECTION (E)(2) OF THIS 7
SECTION, THE STATE BOARD OR A LOCAL SCHO OL SYSTEM MAY NOT AP PROVE A 8
PROCUREMENT CONTRACT FOR A DIGITAL TOOL T HAT FAILS TO MEET TH E 9
REQUIREMENTS OF THIS SECTION. 10
[(c)] (D) The State and each local school system shall also ensure that the 11
equivalent access standards are included in guidelines used for design specifications for 12
and evaluation and selection of technology–based instructional products DIGITAL TOOLS . 13
[(d)] (E) (1) (I) Following an evaluation of technology–based instructional 14
products DIGITAL TOOLS , the State or local school system shall [select] PRIORITIZE the 15
available product that best meets the specifications and has the greatest functionality for 16
equivalent access for students with disabilities, including blindness. 17
(II) BEGINNING OCTOBER 1, 2024, FOLLOWING AN 18
EVALUATION OF TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL TOOLS, 19
A LOCAL SCHOOL SYSTE M SHALL SELECT THE A VAILABLE PRODUCT THA T BEST 20
MEETS THE EQUIVALENT ACCESS STANDARDS AND HAS THE GREATEST 21
FUNCTIONALITY FOR EQ UIVALENT ACCESS FOR STUDENTS WITH DISABI LITIES, 22
INCLUDING BLINDNESS . 23
(2) (I) If a product that meets the equivalent access standards is not 24
available, or if obtaining an available product would fundamentally alter the nature of the 25
instructional activity or would result in an undue burden, the local school system [may 26
obtain a product that does not meet the equivalent access standards but provides the best 27
equivalent access functionality] SHALL NOTIFY THE DEPARTMENT . 28
(II) AFTER THE DEPARTMENT RECEIVES A NOTICE UNDER 29
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE DEPARTMENT SHALL CONS ULT WITH 30
THE DEPARTMENT OF INFORMATION TECHNOLOGY AND THE DEPARTMENT OF 31
DISABILITIES TO ENSURE THAT ANOTHER PRODUCT IS PURCHASED THAT WILL 32
OFFER AN EFFECTIVE E DUCATIONAL OPTION ALLOW THE LOCAL SCHO OL SYSTEM 33
TO OBTAIN A PRODUCT THAT DOES NOT MEET T HE EQUIVALENT ACCESS STANDARDS 34
BUT PROVIDES THE BES T EQUIVALENT ACCESS FUNCTIONALITY . 35
[(3) The Department shall: 36 SENATE BILL 617 5
(i) Monitor compliance with the requirements of accessibility of 1
technology–based instructional products set forth in COMAR 13.A.05.02; and 2
(ii) Report its findings, in accordance with § 2–1257 of the State 3
Government Article, to the General Assembly on or before December 31 of each year.] 4
(F) (1) A DIGITAL TOOL DEVELOP ED OR PURCH ASED BY A COUNTY 5
BOARD FOR USE BY THE LOCAL SCHOOL SYSTEM SHALL INCLUDE SPECIF ICATIONS 6
FOR ACCESS FOR STUDE NTS WITH DISABILITIE S, INCLUDING NONVISUAL ACCESS, IN 7
ACCORDANCE WITH THE TECHNICAL STANDARDS FOR ELECTRONIC AND 8
INFORMATION TECHNOLO GY ISSUED UNDER : 9
(I) SUBSECTION (A)(2) OF SECTION 508 OF THE FEDERAL 10
REHABILITATION ACT OF 1973; OR 11
(II) ANY OTHER WIDELY ACCE PTED OR AND FREELY AVAILABLE 12
TECHNICAL STANDARD . 13
(2) A LOCAL SCHOOL SYSTEM SHALL PROVIDE A STUD ENT WITH 14
DISABILITIES ACCESS TO DIGITAL TOOLS THAT: 15
(I) ARE FULLY AND EQUALLY ACCESSIBLE TO AND PROVIDE 16
EQUIVALENT ACCESS TO AND ARE INDEPENDENTLY USABLE BY A STUDENT WITH 17
DISABILITIES; AND 18
(II) ENABLE A STUDENT WITH DISABILITIES TO ACQU IRE THE 19
SAME INFORMATION , PARTICIPATE IN THE S AME INTERACTIONS , AND ACCESS THE 20
SAME SERVICES AS A S TUDENT WITHOUT DISAB ILITIES, WITH SUBSTANTIALLY 21
EQUIVALENT EASE OF U SE. 22
(G) (1) (I) IF A LOCAL SCHOOL SYS TEM FINDS THAT A DIG ITAL TOOL 23
FAILS TO MEET THE EQ UIVALENT ACCESS STAN DARDS UNDER SUBSECTI ON (F) OF 24
THIS SECTION , INCLUDING NONVISUAL ACCESS, WITHIN 18 MONTHS AFTER 25
DEVELOPMENT OR PURCH ASE OF THE DIGITAL T OOL, THE LOCAL SCHOOL SYS TEM 26
SHALL SEND A WRITTEN NOTICE TO THE VENDOR OF THE VENDOR ’S FAILURE TO 27
COMPLY WITH THE EQUI VALENT ACCESS STANDA RDS REQUIRED UNDER T HE 28
PROCUREMENT CONTRACT . 29
(II) ON RECEIPT OF NOTICE FROM A LOCAL SCHOOL SYSTEM 30
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , A VENDOR, AT THE VENDOR ’S 31
EXPENSE, SHALL MODIFY THE DIG ITAL TOOL TO MEET TH E REQUIRED EQUIVALEN T 32
ACCESS STANDARDS WIT HIN A TIMEFRAME AGRE ED ON BY THE LOCAL S CHOOL 33
SYSTEM AND THE VENDOR . 34 6 SENATE BILL 617
(2) A VENDOR THAT FAILS TO MEET THE EQUIVALENT ACCESS 1
STANDARDS IN ACCORDA NCE WITH PARAGRAPH (1)(II) OF THIS SUBSECTION : 2
(I) IS SUBJECT TO A CIVIL PENALTY OF: 3
1. FOR A FIRST OFFENSE , A FINE NOT EXCEEDING 4
$5,000; OR 5
2. FOR A SUBSEQUENT OFFE NSE, A FINE NOT 6
EXCEEDING $10,000; AND 7
(II) SHALL INDEMNIFY THE STATE BOARD OR COUNTY BOARD 8
FOR LIABILITY RESULT ING FROM THE USE OF A DIGITAL TOOL THAT FAILS TO MEET 9
THE EQUIVALENT ACCES S STANDARDS UNDER SU BSECTION (F) OF THIS SECTION, 10
INCLUDING NONVISUAL ACCESS. 11
[(e) If technology–based instructional products are provided to students without 12
disabilities and not to a student with a disability, the State or local school system shall 13
implement an alternative method of instruction, including use of other technology–based 14
instructional products, if available, designed to enable a student with a disability to achieve 15
the same instructional outcomes consistent with the student’s IEP Plan, as defined in § 16
8–408 of this article, or the student’s 504 Plan, as provided under the federal Rehabilitation 17
Act of 1973.] 18
(H) (1) IF TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL 19
TOOLS ARE PROVIDED TO A ST UDENT WITHOUT A DISA BILITY AND NOT TO A 20
STUDENT WITH A DISAB ILITY, THE STATE OR LOCAL S CHOOL SYSTEM SHALL 21
IMPLEMENT AN ALTERNA TIVE METHOD OF INSTR UCTION, INCLUDING USE OF 22
OTHER TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL TOOLS , IF 23
AVAILABLE, DESIGNED TO ENABLE A STUDENT WITH A DISAB ILITY TO ACHIEVE THE 24
SAME INSTRUCTIONAL O UTCOMES CONSIST ENT WITH THE STUDENT ’S IEP PLAN, AS 25
DEFINED IN § 8–408 OF THIS ARTICLE, OR THE STUDENT ’S 504 PLAN, AS PROVIDED 26
UNDER THE FEDERAL REHABILITATION ACT OF 1973. 27
(2) AN ONLINE PLATFORM , ONLINE CONTENT , WEBSITE, WEB 28
SERVICE, WEBPAGE, EDUCATIONAL RESOURCE PRODUCT, OR ONLINE CURRICULUM 29
DEVELOPED OR PURCHAS ED BY A COUNTY BOARD THAT IS MADE AVAILAB LE TO 30
ENROLLED STUDENTS OF THE LOCAL SCHOOL SYS TEM OR ONLINE TO THE PUBLIC 31
SHALL COMPLY WITH TH E MOST RECENT VERSIO N OF THE WORLD WIDE WEB 32
CONSORTIUM’S WEB CONTENT ACCESSIBILITY GUIDELINES. 33
(I) (1) ON OR BEFORE OCTOBER 1, 2023, AND EACH OCTOBER 1 34
THEREAFTER , EACH LOCAL SCHOOL SY STEM SHALL SUBMIT A REPORT TO THE 35 SENATE BILL 617 7
DEPARTMENT ON THE ACC ESSIBILITY OF THE DI GITAL TOOLS THE LOCA L SCHOOL 1
SYSTEM DEVELOPED OR PURCHASED FOR US E DURING THE IMMEDIA TELY 2
PRECEDING FISCAL YEA R. 3
(2) THE DEPARTMENT SHALL COMP ILE THE INFORMATION 4
RECEIVED UNDER PARAG RAPH (1) OF THIS SUBSECTION A ND MAKE THE 5
INFORMATION AVAILABL E ON THE DEPARTMENT ’S WEBSITE, INCLUDING THE 6
STATUS OF THE ACCESS IBILITY OF THE DIGITAL TOOLS USED IN EACH LOCAL 7
SCHOOL SYSTEM . 8
(J) THE DEPARTMENT SHALL : 9
(1) MONITOR COMPLIANCE WI TH THE REQUIREMENTS FOR 10
ACCESSIBILITY OF TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL 11
TOOLS UNDER COMAR 13.A.05.02 13A.06.05; 12
(2) ANNUALLY UPDATE THE R EQUIREMENTS FOR ACCE SSIBILITY OF 13
TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL TOOLS UNDER COMAR 14
13.A.05.02 13A.06.05; AND 15
(3) ON OR BEFORE DECEMBER 31 EACH YEAR, REPORT ITS FINDINGS 16
TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 17
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 19
1, 2022. 20
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.