LAWRENCE J. HOGAN, JR., Governor Ch. 215
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Chapter 215
(Senate Bill 617)
AN ACT concerning
Local School Systems – Equivalent Access Standards – Digital Tools
(Nonvisual (Equivalent and Nonvisual Access Accountability Act for K–12
Education)
FOR the purpose of requiring a local school system to provide equivalent access to digital
tools for students with disabilities, including the development, purchase, and
provision of certain digital tools; requiring the Secretary of Disabilities, rather than
the Secretary of Commerce, to ensure jointly with the State Superintendent of
Schools that certain specifications are used in certain grants and procurement
contracts; requiring a procurement contract for a digital tool to require a vendor to
indemnify the State Board of Education or a local school system for certain liabilities
and costs; requiring a vendor who provided a local school system with a digital tool
that fails to meet certain standards to modify the digital tool at the vendor’s expense
to meet certain equivalent access standards within a certain period of time; and
generally relating to equivalent access standards for digital tools developed or
purchased by local school systems.
BY repealing and reenacting, with amendments,
Article – Education
Section 7–910
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
7–910.
(A) (1) IN THIS SECTION THE FOLLOWING W ORDS HAVE THE MEANIN GS
INDICATED.
(2) “DIGITAL TOOL” MEANS:
(I) AN ONLINE PLATFORM ;
(II) A AN ONLINE COURSE;
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(III) INFORMATION AND COMMU NICATION TECHNOLOGY
SERVICES, INCLUDING SOFTWARE A ND OPERATING SYSTEMS , THAT ARE DIRECTLY
CONNECTED TO STUDENT INSTRUCTION;
(IV) DIGITAL CONTENT ; OR
(V) OTHER DIGITAL TECHNOL OGIES NOT REQUIRING SIGHT IN
AN EQUALLY EFFECTIVE AND INTEGRATED MANNE R.
(3) (I) “EQUIVALENT ACCESS ” MEANS THE ABILITY TO RECEIVE,
USE, AND MANIPULATE INFORMATION AND OPER ATE CONTROLS NECESSA RY TO
ACCESS AND USE INFOR MATION TECHNOLOGY , INCLUDING BY NONVISUAL MEANS ,
SO THAT A STUDENT WI TH DISABILITIES CAN ACCESS THE SAME SERV ICES AS A
STUDENT WITHOUT DISA BILITIES WITH SUBSTA NTIALLY EQUIVALENT E ASE OF USE.
(II) “EQUIVALENT ACCESS ” INCLUDES:
1. KEYBOARD CONTROLS USE D FOR INPUT AND
SYNTHESIZED SPEECH ;
2. BRAILLE; AND
3. OTHER AUDIBLE OR TACT ILE MEANS USED FOR
OUTPUT.
(4) “NONVISUAL ACCESS ” MEANS THE ABILITY TO RECEIVE, USE, AND
MANIPULATE INFORMATI ON AND OPERATE CONTR OLS NECESSARY TO ACC ESS
INFORMATION AND COMM UNICATIONS TECHNOLOG Y THROUGH KEYBOARD
CONTROLS, SYNTHESIZED SPEECH , BRAILLE, OR OTHER METHODS NOT REQUIRING
SIGHT.
[(a)] (B) (1) The State Superintendent and the Secretary of [Commerce]
DISABILITIES jointly shall ensure that specifications used in all grants and procurement
contracts for technology–based instructional products DIGITAL TOOLS require equivalent
access for students with disabilities, including blindness, in accordance with the technical
standards for electronic and information technology issued under subsection (a)(2) of
Section 508 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794d(a)(2).
(2) SPECIFICATIONS USED I N ALL GRANTS AND PRO CUREMENT
CONTRACTS FOR DIGITA L TOOLS SHALL GIVE P RIMARY CONSIDERATION TO THE
PEDAGOGICAL VALUE OF THE DIGITAL TOOLS .
[(b)] (C) (1) This subsection [does not apply] APPLIES to teacher–developed
instructional materials [until fiscal year 2005]. LAWRENCE J. HOGAN, JR., Governor Ch. 215
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(2) Invitations for bids, requests for proposals, procurement contracts,
grants, or modifications to contracts or grants issued by the State or any local school system
shall include notice of the equivalent access requirement whenever funds awarded may be
used to develop or obtain technology–based instructional products DIGITAL TOOLS .
(3) (2) (I) BEGINNING SEPTEMBER 1, 2023, AN INVITATION FOR
BIDS OR REQUEST FOR PROPOSALS FOR A DIGI TAL TOOL ISSUED BY T HE STATE
BOARD OR A LOCAL SCHO OL SYSTEM SHALL REQU IRE A VENDOR TO SUBM IT AN
ACCESSIBILITY CONFOR MANCE REPORT THAT IN CLUDES A VOLUNTARY PRODUCT
ACCESSIBILITY TEMPLATE.
(II) THE ACCESSIBILITY CON FORMANCE REPORT REQU IRED IN
SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL EXPLAIN HOW INFO RMATION AND
COMMUNICATION TECHNO LOGY PRODUCTS , INCLUDING SOFTWARE , HARDWARE ,
ELECTRONIC CONTENT , AND SUPPORT DOCUMENT ATION, CONFORM TO THE MOST
RECENT SECTION 508 STANDARDS FOR INFORM ATION TECHNOLOGY ACC ESSIBILITY
UNDER THE FEDERAL REHABILITATION ACT OF 1973.
(4) (3) (I) A LOCAL SCHOOL SYSTEM SHALL ESTABLISH A
PROCESS TO EVALUATE A DIGITAL TOOL BEING CONSIDERED FOR DEVEL OPMENT OR
PURCHASE FOR CONFORM ITY WITH THE REQUIRE MENTS OF THIS SECTIO N.
(II) THE EVALUATION PROCES S ESTABLISHED UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL INCLUDE EVALUATI ON OF THE
DIGITAL TOOL FOR EQUIVALENT ACCESS AN D NONVISUAL ACCESS BY AN EMPLOYEE
OR A CONTRACTOR OF THE LOCAL SCHOOL SYSTEM WHO :
1. SPECIALIZES IN ACCESS IBILITY AND WEB CONTENT
ACCESSIBILITY GUIDELINES; OR
2. IS A BLINDNESS SPECIA LIST WHO IS
KNOWLEDGEABLE IN ACC ESSIBILITY.
(III) (5) (4) A PROCUREMENT CONTRACT FOR A DIGITAL TOOL
SHALL REQUIRE A VEND OR TO INDEMNIFY THE STATE BOARD OR A LOCAL SCHO OL
SYSTEM FOR LIABILITY AND COSTS ARISING FR OM THE FAILURE OF TH E DIGITAL
TOOL TO MEET THE REQ UIREMENTS OF THIS SE CTION.
(5) (6) (5) EXCEPT AS PROVIDED IN SUBSECTION (E)(2) OF THIS
SECTION, THE STATE BOARD OR A LOCAL SCHO OL SYSTEM MAY NOT AP PROVE A
PROCUREMENT CONTRACT FOR A DIGITAL TOOL T HAT FAILS TO MEET TH E
REQUIREMENTS OF THIS SECTION.
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[(c)] (D) The State and each local school system shall also ensure that the
equivalent access standards are included in guidelines used for design specifications for
and evaluation and selection of technology–based instructional products DIGITAL TOOLS .
[(d)] (E) (1) (I) Following an evaluation of technology–based instructional
products DIGITAL TOOLS , the State or local school system shall, FROM AMONG DIGITAL
TOOLS THAT OFFER PED AGOGICAL VALUE , [select] PRIORITIZE the available product
that best meets the specifications and has the greatest functionality for equivalent access
for students with disabilities, including blindness.
(II) BEGINNING OCTOBER 1, 2024, FOLLOWING AN
EVALUATION OF TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL TOOLS,
A LOCAL SCHOOL SYSTE M SHALL SELECT , FROM AMONG THE AVAIL ABLE PRODUCTS
THAT OFFER PEDAGOGICAL VALUE , THE AVAILABLE PRODUC T THAT BEST MEETS
THE EQUIVALENT ACCES S STANDARDS AND HAS THE GREATEST FUNCTIO NALITY
FOR EQUIVALENT ACCES S FOR STUDENTS WITH DISABILITIES, INCLUDING
BLINDNESS.
(2) (I) If A LOCAL SCHOOL SYSTE M DETERMINES THAT a product
that meets the equivalent access standards is not available, or if obtaining an available
product would fundamentally alter the nature of the instructional activity or would result
in an undue burden, the local school system [may obtain a product that does not meet the
equivalent access standards but provides the best equivalent access functionality] SHALL
NOTIFY THE DEPARTMENT .
(II) AFTER THE DEPARTMENT RECEIVES A NOTICE UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE DEPARTMENT SHALL CONS ULT WITH
THE DEPARTMENT OF INFORMATION TECHNOLOGY AND THE DEPARTMENT OF
DISABILITIES TO ENSURE THAT ANOTHER PRODUCT IS PURCHASED THAT WILL
OFFER AN EFFECTIVE E DUCATIONAL OPTION ALLOW THE LOCAL SCHO OL SYSTEM
TO OBTAIN A PRODUCT THAT DOES NOT MEET T HE EQUIVALENT ACCES S STANDARDS
BUT PROVIDES THE BES T EQUIVALENT ACCESS FUNCTIONALITY . DETERMINE HOW
TO PROCEED.
(III) IF, AFTER THE CONSULTATI ON PROCESS, THE DEPARTMENT
DETERMINES THAT THER E IS AN AVAILABLE PR ODUCT THAT MEETS THE
EQUIVALENT ACCESS ST ANDARD, A LOCAL SCHOOL SYSTEM SHALL OBTAIN THAT
PRODUCT.
(IV) IF, AFTER THE CONSULTATI ON PROCESS, THE DEPARTMENT
DETERMINES THAT THER E IS NO AVAILABLE PR ODUCT THAT MEETS THE
EQUIVALENT ACCESS ST ANDARDS, A LOCAL SCHOOL SYSTE M MAY, WITH THE
DEPARTMENT ’S APPROVAL , OBTAIN A PRODUCT THAT DOES NOT MEET THE LAWRENCE J. HOGAN, JR., Governor Ch. 215
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EQUIVALENT ACCESS ST ANDARDS BUT PROVIDES THE BEST EQUIVALENT
FUNCTIONALITY .
[(3) The Department shall:
(i) Monitor compliance with the requirements of accessibility of
technology–based instructional products set forth in COMAR 13.A.05.02; and
(ii) Report its findings, in accordance with § 2–1257 of the State
Government Article, to the General Assembly on or before December 31 of each year.]
(F) (1) A DIGITAL TOOL DEVELOP ED OR PURCHASED BY A COUNTY
BOARD FOR USE BY THE LOCAL SCH OOL SYSTEM SHALL INC LUDE SPECIFICATIONS
FOR ACCESS FOR STUDE NTS WITH DISABILITIE S, INCLUDING NONVISUAL ACCESS, IN
ACCORDANCE WITH THE TECHNICAL STANDARDS FOR ELECTRONIC AND
INFORMATION TECHNOLO GY ISSUED UNDER :
(I) SUBSECTION (A)(2) OF SECTION 508 OF THE FEDERAL
REHABILITATION ACT OF 1973; OR
(II) ANY OTHER WIDELY ACCE PTED OR AND FREELY AVAILABLE
TECHNICAL STANDARD .
(2) A LOCAL SCHOOL SYSTEM SHALL PROVIDE A STUD ENT WITH
DISABILITIES ACCESS TO DIGITAL TOOLS THA T:
(I) ARE FULLY AND EQUALLY ACCE SSIBLE TO AND PROVIDE
EQUIVALENT ACCESS TO AND ARE INDEPENDENTLY USABLE BY A STUDENT WITH
DISABILITIES; AND
(II) ENABLE A STUDENT WITH DISABILITIES TO ACQU IRE THE
SAME INFORMATION , PARTICIPATE IN THE S AME INTERACTIONS , AND ACCESS THE
SAME SERVICES AS A S TUDENT WITHOUT DISAB ILITIES, WITH SUBSTANTIALLY
EQUIVALENT EASE OF U SE.
(G) (1) (I) IF A LOCAL SCHOOL SYS TEM FINDS THAT A DIG ITAL TOOL
FAILS TO MEET THE EQ UIVALENT ACCESS STAN DARDS UNDER SUBSECTI ON (F) OF
THIS SECTION , INCLUDING N ONVISUAL ACCESS , WITHIN 18 MONTHS AFTER
DEVELOPMENT OR PURCH ASE OF THE DIGITAL T OOL, THE LOCAL SCHOOL SYS TEM
SHALL SEND A WRITTEN NOTICE TO THE VENDOR OF THE VENDOR ’S FAILURE TO
COMPLY WITH THE EQUI VALENT ACCESS STANDA RDS REQUIRED UNDER T HE
PROCUREMENT CON TRACT.
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(II) ON RECEIPT OF NOTICE FROM A LOCAL SCHOOL SYSTEM
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , A VENDOR, AT THE VENDOR ’S
EXPENSE, SHALL MODIFY THE DIG ITAL TOOL TO MEET TH E REQUIRED EQUIVALEN T
ACCESS STANDARDS WIT HIN A TIMEFRAME AGRE ED ON BY THE LOCAL SCHOOL
SYSTEM AND THE VENDO R.
(2) A VENDOR THAT FAILS TO MEET THE EQUIVALENT ACCESS
STANDARDS IN ACCORDA NCE WITH PARAGRAPH (1)(II) OF THIS SUBSECTION :
(I) IS SUBJECT TO A CIVIL PENALTY OF:
1. FOR A FIRST OFFENSE , A FINE NOT EXCEEDING
$5,000; OR
2. FOR A SUBSEQUENT OFFE NSE, A FINE NOT
EXCEEDING $10,000; AND
(II) SHALL INDEMNIFY THE STATE BOARD OR COUNTY BOARD
FOR LIABILITY RESULT ING FROM THE USE OF A DIGITAL TOOL THAT FAILS TO MEET
THE EQUIVALENT ACCES S STANDARDS UNDER SU BSECTION (F) OF THIS SECTION ,
INCLUDING NONVISUAL ACCESS.
[(e) If technology–based instructional products are provided to students without
disabilities and not to a student with a disability, the State or local school system shall
implement an alternative method of instruction, including use of other technology–based
instructional products, if available, designed to enable a student with a disability to achieve
the same instructional outcomes consistent with the student’s IEP Plan, as defined in §
8–408 of this article, or the student’s 504 Plan, as provided under the federal Rehabilitation
Act of 1973.]
(H) (1) IF TECHNOLOGY –BASED INSTRUCTIONAL PRODUC TS DIGITAL
TOOLS ARE PROVIDED TO A ST UDENT WITHOUT A DISA BILITY AND NOT TO A
STUDENT WITH A DISAB ILITY, THE STATE OR LOCAL SCHOOL SYSTEM SHALL
IMPLEMENT AN ALTERNA TIVE METHOD OF INSTR UCTION, INCLUDING USE OF
OTHER TECHNOLOGY –BASED INSTR UCTIONAL PRODUCTS DIGITAL TOOLS , IF
AVAILABLE, DESIGNED TO ENABLE A STUDENT WITH A DISAB ILITY TO ACHIEVE THE
SAME INSTRUCTIONAL O UTCOMES CONSISTENT W ITH THE STUDENT ’S IEP PLAN, AS
DEFINED IN § 8–408 OF THIS ARTICLE, OR THE STUDENT ’S 504 PLAN, AS PROVIDED
UNDER THE FEDERAL REHABILITATION ACT OF 1973.
(2) AN ONLINE PLATFORM , ONLINE CONTENT , WEBSITE, WEB
SERVICE, WEBPAGE, EDUCATIONAL RESOURCE PRODUCT, OR ONLINE CURRICULUM
DEVELOPED OR PURCHAS ED BY A COUNTY BOARD THAT IS MADE AVAILAB LE TO LAWRENCE J. HOGAN, JR., Governor Ch. 215
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ENROLLED STUDENTS O F THE LOCAL SCHOOL S YSTEM OR ONLINE TO T HE PUBLIC
SHALL COMPLY WITH TH E MOST RECENT VERSIO N OF THE WORLD WIDE WEB
CONSORTIUM’S WEB CONTENT ACCESSIBILITY GUIDELINES.
(I) (1) ON OR BEFORE OCTOBER 1, 2023, AND EACH OCTOBER 1
THEREAFTER , EACH LOCAL SCHOOL SY STEM SHALL SUBMIT A REPORT TO THE
DEPARTMENT ON THE ACC ESSIBILITY OF THE DI GITAL TOOLS THE LOCA L SCHOOL
SYSTEM DEVELOPED OR PURCHASED FOR USE DU RING THE IMMEDIATELY
PRECEDING FISCAL YEA R.
(2) THE DEPARTMENT SHALL COMP ILE THE INFORMATION
RECEIVED UNDER PARAGRAPH (1) OF THIS SUBSECTION A ND MAKE THE
INFORMATION AVAILABL E ON THE DEPARTMENT ’S WEBSITE, INCLUDING THE
STATUS OF THE ACCESS IBILITY OF THE DIGIT AL TOOLS USED IN EAC H LOCAL
SCHOOL SYSTEM .
(J) THE DEPARTMENT SHALL :
(1) MONITOR COMPLIANCE WI TH THE REQUIREMENTS FOR
ACCESSIBILITY OF TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL
TOOLS UNDER COMAR 13.A.05.02 13A.06.05;
(2) ANNUALLY UPDATE THE R EQUIREMENTS FOR ACCE SSIBILITY OF
TECHNOLOGY –BASED INSTRUCTIONAL PRODUCTS DIGITAL TOOLS UNDER COMAR
13.A.05.02 13A.06.05; AND
(3) ON OR BEFORE DECEMBER 31 EACH YEAR, REPORT ITS FINDINGS
TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY.
SECTION 2. AND BE IT FURTHER ENACTED, Th at this Act shall take effect July
1, 2022.
Approved by the Governor, April 21, 2022.