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
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*sb0617*
SENATE BILL 617
F1 (2lr1012)
ENROLLED BILL
— Education, Health, and Environmental Affairs/Ways and Means —
Introduced by Senators Zucker, Ferguson, Lam, Klausmeier, Hayes, Waldstreicher,
Jackson, Hettleman, Beidle, and Jennings
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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 2 SENATE BILL 617
generally relating to equivalent access standards for digital tools developed or 1
purchased by local school systems. 2
BY repealing and reenacting, with amendments, 3
Article – Education 4
Section 7–910 5
Annotated Code of Maryland 6
(2018 Replacement Volume and 2021 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Education 10
7–910. 11
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 12
INDICATED. 13
(2) “DIGITAL TOOL” MEANS: 14
(I) AN ONLINE PLATFORM ; 15
(II) A AN ONLINE COURSE; 16
(III) INFORMATION AND COMMU NICATION TECHNOLOGY 17
SERVICES, INCLUDING SOFTWARE A ND OPERATING SYSTEMS , THAT ARE DIRECTLY 18
CONNECTED TO STUDENT INSTRUCTION; 19
(IV) DIGITAL CONTENT ; OR 20
(V) OTHER DIGITAL TECHNOL OGIES NOT REQUIRING SIGHT IN 21
AN EQUALLY EFFECTIVE AND INTEGRATED MANNE R. 22
(3) (I) “EQUIVALENT ACCESS ” MEANS THE ABILITY TO RECEIVE, 23
USE, AND MANIPULATE INFOR MATION AND OPERATE CONTR OLS NECESSARY TO 24
ACCESS AND USE INFOR MATION TECHNOLOGY , INCLUDING BY NONVISUAL MEANS , 25
SO THAT A STUDENT WI TH DISABILITIES CAN ACCESS THE SAME SERV ICES AS A 26
STUDENT WITHOUT DISA BILITIES WITH SUBSTA NTIALLY EQUIVALENT E ASE OF USE. 27
(II) “EQUIVALENT ACCESS ” INCLUDES: 28
1. KEYBOARD CONTROLS USE D FOR INPUT AND 29
SYNTHESIZED SPEECH ; 30
SENATE BILL 617 3
2. BRAILLE; AND 1
3. OTHER AUDIBLE OR TACT ILE MEANS USED FOR 2
OUTPUT. 3
(4) “NONVISUAL ACCESS ” MEANS THE ABILITY TO RECEIVE, USE, AND 4
MANIPULATE INFORMATION AND OPER ATE CONTROLS NECESSA RY TO ACCESS 5
INFORMATION AND COMM UNICATIONS TECHNOLOG Y THROUGH KEYBOARD 6
CONTROLS, SYNTHESIZED SPEECH , BRAILLE, OR OTHER METHODS NOT REQUIRING 7
SIGHT. 8
[(a)] (B) (1) The State Superintendent and the Secretary of [Commerce] 9
DISABILITIES jointly shall ensure that specifications used in all grants and procurement 10
contracts for technology–based instructional products DIGITAL TOOLS require equivalent 11
access for students with disabilities, including blindness, in accordance with the technical 12
standards for electronic and information technology issued under subsection (a)(2) of 13
Section 508 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794d(a)(2). 14
(2) SPECIFICATIONS USED I N ALL GRANTS AND PRO CUREMENT 15
CONTRACTS FOR DIGITA L TOOLS SHALL GIVE P RIMARY CONSIDERATION TO THE 16
PEDAGOGICAL VALUE OF THE DIGITAL TOOLS . 17
[(b)] (C) (1) This subsection [does not apply] APPLIES to teacher–developed 18
instructional materials [until fiscal year 2005]. 19
(2) Invitations for bids, requests for proposals, procurement contracts, 20
grants, or modifications to contracts or grants issued by the State or any local school system 21
shall include notice of the equivalent access requirement whenever funds awarded may be 22
used to develop or obtain technology–based instructional products DIGITAL TOOLS . 23
(3) (2) (I) BEGINNING SEPTEMBER 1, 2023, AN INVITATION FOR 24
BIDS OR REQUEST FOR PROPOSALS FOR A DIGI TAL TOOL ISSUED BY T HE STATE 25
BOARD OR A LOCAL SCHO OL SYSTEM SHALL REQU IRE A VENDOR TO SUBM IT AN 26
ACCESSIBILITY CONFOR MANCE REPORT THAT IN CLUDES A VOLUNTARY PRODUCT 27
ACCESSIBILITY TEMPLATE. 28
(II) THE ACCESSIBILITY CON FORMANCE REPORT REQU IRED IN 29
SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL EXPLAIN HOW INFO RMATION AND 30
COMMUNICATION TECHNO LOGY PRODUCTS , INCLUDING SOFTWARE , HARDWARE , 31
ELECTRONIC CONTENT , AND SUPPORT DOCUMENT ATION, CONFORM TO THE MOST 32
RECENT SECTION 508 STANDARDS FOR INFORM ATION TECHNOLOGY ACC ESSIBILITY 33
UNDER THE FEDERAL REHABILITATION ACT OF 1973. 34
4 SENATE BILL 617
(4) (3) (I) A LOCAL SCHOOL SYSTEM SHALL ESTABLISH A 1
PROCESS TO EVALUATE A DIGITAL TOOL BEING CONSIDERED FOR DEVEL OPMENT OR 2
PURCHASE FOR CONFORM ITY WITH THE REQUIRE MENTS OF THIS SECTIO N. 3
(II) THE EVALUATION PROCES S ESTABLISHED UNDER 4
SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL INCLUDE EVALUATI ON OF THE 5
DIGITAL TOOL FOR EQUIVALENT ACCESS AN D NONVISUAL ACCESS BY AN EMPLOYEE 6
OR A CONTRACTOR OF THE LOCAL SCHOOL SYSTEM WHO : 7
1. SPECIALIZES IN ACCESS IBILITY AND WEB CONTENT 8
ACCESSIBILITY GUIDELINES; OR 9
2. IS A BLINDNESS SPECIA LIST WHO IS 10
KNOWLEDGEABLE IN ACC ESSIBILITY. 11
(III) (5) (4) A PROCUREMENT CONTRACT FOR A DIGITAL TOOL 12
SHALL REQUIRE A VEND OR TO INDEMNIFY THE STATE BOARD OR A LOCAL SCHO OL 13
SYSTEM FOR LIABILITY AND COSTS ARISING FR OM THE FAILURE OF TH E DIGITAL 14
TOOL TO MEET THE REQ UIREMENTS OF THIS SE CTION. 15
(5) (6) (5) EXCEPT AS PROVIDED IN SUBSECTION (E)(2) OF THIS 16
SECTION, THE STATE BOARD OR A LOCAL SCHO OL SYSTEM MAY NOT AP PROVE A 17
PROCUREMENT CONTRACT FOR A DIGITAL TOOL T HAT FAILS TO MEET TH E 18
REQUIREMENTS OF THIS SECTION. 19
[(c)] (D) The State and each local school system shall also ensure that the 20
equivalent access standards are included in guidelines used for design specifications for 21
and evaluation and selection of technology–based instructional products DIGITAL TOOLS . 22
[(d)] (E) (1) (I) Following an evaluation of technology–based instructional 23
products DIGITAL TOOLS , the State or local school system shall, FROM AMONG DIGITAL 24
TOOLS THAT OFFER PED AGOGICAL VALUE , [select] PRIORITIZE the available product 25
that best meets the specifications and has the greatest functionality for equivalent access 26
for students with disabilities, including blindness. 27
(II) BEGINNING OCTOBER 1, 2024, FOLLOWING AN 28
EVALUATION OF TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL TOOLS, 29
A LOCAL SCHOOL SYSTE M SHALL SELECT , FROM AMONG THE AVAIL ABLE PRODUCTS 30
THAT OFFER PEDAGOGICAL VALUE , THE AVAILABLE PRODUC T THAT BEST MEETS 31
THE EQUIVALENT ACCES S STANDARDS AND HAS THE GREATEST FUNCTIO NALITY 32
FOR EQUIVALENT ACCES S FOR STUDENTS WITH DISABILITIES, INCLUDING 33
BLINDNESS. 34
SENATE BILL 617 5
(2) (I) If A LOCAL SCHOOL SYSTE M DETERMINES THAT a product 1
that meets the equivalent access standards is not available, or if obtaining an available 2
product would fundamentally alter the nature of the instructional activity or would result 3
in an undue burden, the local school system [may obtain a product that does not meet the 4
equivalent access standards but provides the best equivalent access functionality] SHALL 5
NOTIFY THE DEPARTMENT . 6
(II) AFTER THE DEPARTMENT RECEIVES A NOTICE UNDER 7
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE DEPARTMENT SHALL CONS ULT WITH 8
THE DEPARTMENT OF INFORMATION TECHNOLOGY AND THE DEPARTMENT OF 9
DISABILITIES TO ENSURE THAT ANOTHER PRODUCT IS PURCHASED THAT WILL 10
OFFER AN EFFECTIVE E DUCATIONAL OPTION ALLOW THE LOCAL SCHO OL SYSTEM 11
TO OBTAIN A PRODUCT THAT DOES NOT MEET T HE EQUIVALENT ACCES S STANDARDS 12
BUT PROVIDES THE BES T EQUIVALENT ACCESS FUNCTIONALITY . DETERMINE HOW 13
TO PROCEED. 14
(III) IF, AFTER THE CONSULTATI ON PROCESS, THE DEPARTMENT 15
DETERMINES THAT THER E IS AN AVAILABLE PR ODUCT THAT MEETS THE 16
EQUIVALENT ACCESS ST ANDARD, A LOCAL SCHOOL SYSTEM SHALL OBTAIN THAT 17
PRODUCT. 18
(IV) IF, AFTER THE CONSULTATI ON PROCESS, THE DEPARTMENT 19
DETERMINES THAT THER E IS NO AVAILABLE PR ODUCT THAT MEETS THE 20
EQUIVALENT ACCESS ST ANDARDS, A LOCAL SCHOOL SYSTE M MAY, WITH THE 21
DEPARTMENT ’S APPROVAL , OBTAIN A PRODUCT THAT DOES NOT MEET THE 22
EQUIVALENT ACCESS ST ANDARDS BUT PROVIDES THE BEST EQUIVALENT 23
FUNCTIONALITY . 24
[(3) The Department shall: 25
(i) Monitor compliance with the requirements of accessibility of 26
technology–based instructional products set forth in COMAR 13.A.05.02; and 27
(ii) Report its findings, in accordance with § 2–1257 of the State 28
Government Article, to the General Assembly on or before December 31 of each year.] 29
(F) (1) A DIGITAL TOOL DEVELOP ED OR PURCHASED BY A COUNTY 30
BOARD FOR USE BY THE LOCAL SCH OOL SYSTEM SHALL INC LUDE SPECIFICATIONS 31
FOR ACCESS FOR STUDE NTS WITH DISABILITIE S, INCLUDING NONVISUAL ACCESS, IN 32
ACCORDANCE WITH THE TECHNICAL STANDARDS FOR ELECTRONIC AND 33
INFORMATION TECHNOLO GY ISSUED UNDER : 34
(I) SUBSECTION (A)(2) OF SECTION 508 OF THE FEDERAL 35
REHABILITATION ACT OF 1973; OR 36 6 SENATE BILL 617
(II) ANY OTHER WIDELY ACCE PTED OR AND FREELY AVAILABLE 1
TECHNICAL STANDARD . 2
(2) A LOCAL SCHOOL SYSTEM SHALL PROVIDE A STUD ENT WITH 3
DISABILITIES ACCESS TO DIGITAL TOOLS THA T: 4
(I) ARE FULLY AND EQUALLY ACCE SSIBLE TO AND PROVIDE 5
EQUIVALENT ACCESS TO AND ARE INDEPENDENTLY USABLE BY A STUDENT WITH 6
DISABILITIES; AND 7
(II) ENABLE A STUDENT WITH DISABILITIES TO ACQU IRE THE 8
SAME INFORMATION , PARTICIPATE IN THE S AME INTERACTIONS , AND ACCESS THE 9
SAME SERVICES AS A S TUDENT WITHOUT DISAB ILITIES, WITH SUBSTANTIALLY 10
EQUIVALENT EASE OF U SE. 11
(G) (1) (I) IF A LOCAL SCHOOL SYS TEM FINDS THAT A DIG ITAL TOOL 12
FAILS TO MEET THE EQ UIVALENT ACCESS STAN DARDS UNDER SUBSECTI ON (F) OF 13
THIS SECTION , INCLUDING N ONVISUAL ACCESS , WITHIN 18 MONTHS AFTER 14
DEVELOPMENT OR PURCH ASE OF THE DIGITAL T OOL, THE LOCAL SCHOOL SYS TEM 15
SHALL SEND A WRITTEN NOTICE TO THE VENDOR OF THE VENDOR ’S FAILURE TO 16
COMPLY WITH THE EQUI VALENT ACCESS STANDA RDS REQUIRED UNDER T HE 17
PROCUREMENT CON TRACT. 18
(II) ON RECEIPT OF NOTICE FROM A LOCAL SCHOOL SYSTEM 19
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , A VENDOR, AT THE VENDOR ’S 20
EXPENSE, SHALL MODIFY THE DIG ITAL TOOL TO MEET TH E REQUIRED EQUIVALEN T 21
ACCESS STANDARDS WIT HIN A TIMEFRAME AGRE ED ON BY THE LOCAL SCHOOL 22
SYSTEM AND THE VENDO R. 23
(2) A VENDOR THAT FAILS TO MEET THE EQUIVALENT ACCESS 24
STANDARDS IN ACCORDA NCE WITH PARAGRAPH (1)(II) OF THIS SUBSECTION : 25
(I) IS SUBJECT TO A CIVIL PENALTY OF: 26
1. FOR A FIRST OFFENSE , A FINE NOT EXCEEDING 27
$5,000; OR 28
2. FOR A SUBSEQUENT OFFE NSE, A FINE NOT 29
EXCEEDING $10,000; AND 30
(II) SHALL INDEMNIFY THE STATE BOARD OR COUNTY BOARD 31
FOR LIABILITY RESULT ING FROM THE USE OF A DIGITAL TOOL THAT FAILS TO MEET 32 SENATE BILL 617 7
THE EQUIVALENT ACCES S STANDARDS UNDER SU BSECTION (F) OF THIS SECTION , 1
INCLUDING NONVISUAL ACCESS. 2
[(e) If technology–based instructional products are provided to students without 3
disabilities and not to a student with a disability, the State or local school system shall 4
implement an alternative method of instruction, including use of other technology–based 5
instructional products, if available, designed to enable a student with a disability to achieve 6
the same instructional outcomes consistent with the student’s IEP Plan, as defined in § 7
8–408 of this article, or the student’s 504 Plan, as provided under the federal Rehabilitation 8
Act of 1973.] 9
(H) (1) IF TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL 10
TOOLS ARE PROVIDED TO A ST UDENT WITHOUT A DISA BILITY AND NOT TO A 11
STUDENT WITH A DISAB ILITY, THE STATE OR LOCAL SCHOOL SYSTEM SHALL 12
IMPLEMENT AN ALTERNA TIVE METHOD OF INSTR UCTION, INCLUDING USE OF 13
OTHER TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL TOOLS , IF 14
AVAILABLE, DESIGNED TO ENABLE A STUDENT WITH A DISAB ILITY TO ACHIEVE THE 15
SAME INSTRUCTIONAL O UTCOMES CONSISTENT W ITH THE STUDENT ’S IEP PLAN, AS 16
DEFINED IN § 8–408 OF THIS ARTICLE, OR THE STUDENT ’S 504 PLAN, AS PROVIDED 17
UNDER THE FEDERAL REHABILITATION ACT OF 1973. 18
(2) AN ONLINE PLATFORM , ONLINE CONTENT , WEBSITE, WEB 19
SERVICE, WEBPAGE, EDUCATIONAL RESOURCE PRODUCT, OR ONLINE CURRICULUM 20
DEVELOPED OR PURCHAS ED BY A COUNTY BOARD THAT IS MADE AVAILAB LE TO 21
ENROLLED STUDENTS OF THE LOCAL SCHOOL SYS TEM OR ONLINE T O THE PUBLIC 22
SHALL COMPLY WITH TH E MOST RECENT VERSIO N OF THE WORLD WIDE WEB 23
CONSORTIUM’S WEB CONTENT ACCESSIBILITY GUIDELINES. 24
(I) (1) ON OR BEFORE OCTOBER 1, 2023, AND EACH OCTOBER 1 25
THEREAFTER , EACH LOCAL SCHOOL SY STEM SHALL SUBMIT A REPORT TO THE 26
DEPARTMENT ON THE ACCES SIBILITY OF THE DIGI TAL TOOLS THE LOCAL SCHOOL 27
SYSTEM DEVELOPED OR PURCHASED FOR USE DU RING THE IMMEDIATELY 28
PRECEDING FISCAL YEA R. 29
(2) THE DEPARTMENT SHALL COMP ILE THE INFORMATION 30
RECEIVED UNDER PARAG RAPH (1) OF THIS SUBSECTION A ND MAKE THE 31
INFORMATION AVAILABL E ON THE DEPARTMENT ’S WEBSITE, INCLUDING THE 32
STATUS OF THE ACCESS IBILITY OF THE DIGIT AL TOOLS USED IN EAC H LOCAL 33
SCHOOL SYSTEM . 34
(J) THE DEPARTMENT SHALL : 35
8 SENATE BILL 617
(1) MONITOR COMPLIANCE WI TH THE REQUIREMENTS FOR 1
ACCESSIBILITY OF TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL 2
TOOLS UNDER COMAR 13.A.05.02 13A.06.05; 3
(2) ANNUALLY UPDATE THE R EQUIREMENTS FOR ACCE SSIBILITY OF 4
TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL TOOLS UNDER COMAR 5
13.A.05.02 13A.06.05; AND 6
(3) ON OR BEFORE DECEMBER 31 EACH YEAR, REPORT ITS FINDINGS 7
TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 8
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 10
1, 2022. 11
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.