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Policies



The GIMC operates under the policies set by the Federal and State Rules regarding the production and dissemination of accessible educational materials. The following is a list of the most relevant sections of the Policies affecting the distribution of accessible educational materials. Additional information and brief history  of accessible materials is provided in this  "Accessible Media Introduction" PowerPoint link.

Definitions:

·       Statute/Policy: laws or rules passed by a body given the power to create such, (federal, state, and local governments)

·       Regulation: criterion created by a non-legislative body setting compliance standards.

·       Procedures: steps that an organization uses to adhere to statutory or regulatory compliance.

Federal
The Individuals with Disabilities Education Improvement Act of 2004 (I.D.E.I.A.)

·       Establishment of the National Instructional Materials Access Center (NIMAC)

·       Defined National Instructional Materials Accessibility Standard (NIMAS)

·       Created the provision of Accessible Instructional Materials in IDEA of 2004

PL 108-446 Title I/B/612/a/23  (IDEIA Reauthorization 2004)

(23) Access to instructional materials. --

(A) In general. --The State adopts the National Instructional Materials Accessibility Standard for the purposes of providing instructional materials to blind persons or other persons with print disabilities, in a timely manner after the publication of the National Instructional Materials Accessibility Standard in the Federal Register.

(B) Rights of state educational agency. --Nothing in this paragraph shall be construed to require any State educational agency to coordinate with the National Instructional Materials Access Center. If a State educational agency chooses not to coordinate with the National Instructional Materials Access Center, such agency shall provide an assurance to the Secretary that the agency will provide instructional materials to blind persons or other persons with print disabilities in a timely manner.

(C) <<NOTE: Deadline. Contracts.>> Preparation and delivery of files.--If a State educational agency chooses to coordinate with the National Instructional Materials Access Center, not later than 2 years after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2004, the agency, as part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, shall enter into a written contract with the publisher of the print instructional materials to--

 (i) require the publisher to prepare and, on or before delivery of the print instructional materials, provide to the National Instructional Materials Access Center electronic files containing the contents of the print instructional materials using the National Instructional Materials Accessibility Standard; or

 (ii) purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats.

(D) Assistive technology. --In carrying out this paragraph, the State educational agency, to the maximum extent possible, shall work collaboratively with the State agency responsible for assistive technology programs.

PL Title I/D/674/e/1-6 (IDEIA Reauthorization 2004)

(e) National Instructional Materials Access Center.

(1) <<NOTE: Establishment. Deadline.>> In general. The Secretary shall establish and support, through the American Printing House for the Blind, a center to be known as the ‘National Instructional Materials Access Center' not later than 1 year after the date of enactment of the Individuals with  Disabilities Education Improvement Act of 2004.

(2) Duties. The duties of the National Instructional Materials Access Center are the following:

(A) To receive and maintain a catalog of print instructional materials prepared in the National Instructional Materials Accessibility Standard, as established by the Secretary, made available to such center by the textbook publishing industry, State educational agencies, and local educational agencies.

(B) To provide access to print instructional materials, including textbooks, in accessible media, free of charge, to blind or other persons with print disabilities in elementary schools and secondary schools, in accordance with such terms and procedures as the National Instructional Materials Access Center may prescribe.

(C) To develop, adopt and publish procedures to protect against copyright infringement, with respect to the print instructional materials provided under sections 612(a)(23) and 613(a)(6).

(3) Definitions. In this subsection:

(A) Blind or other persons with print disabilities. The term `blind or other persons with  print disabilities' means children served under this Act  and who may qualify in accordance with the Act entitled An Act to provide books for the adult blind', approved March 3, 1931 (2 U.S.C. 135a; 46 Stat. 1487) to receive books and other publications produced in specialized formats.

(B) National instructional materials accessibility standard. The term `National Instructional Materials Accessibility Standard' means the standard established by the Secretary to be used in the preparation of electronic files suitable and used solely for efficient  conversion into specialized formats.

(C) Print instructional materials. The term `print instructional materials' means printed textbooks  and related printed core materials that are written and  published primarily for use in elementary school and  secondary school instruction and are required by a State  educational agency or local educational agency for use  by students in the classroom.

(D) Specialized formats. The term ‘specialized formats’ has the meaning given the term in section 121(d)(3) of title 17, United States Code.

(4) Applicability. This subsection shall apply to print instructional materials published after the date on which the final rule establishing the National Instructional Materials Accessibility Standard was published in the Federal Register.

(5) Liability of the secretary. Nothing in this subsection shall be construed to establish a private right of action against the Secretary for failure to provide instructional materials directly, or for failure by the National Instructional Materials Access Center to perform the duties of such center, or to otherwise authorize a private right of action related to the performance by such center, including through the application of the rights of children and parents established under this Act.

(6) Inapplicability. Subsections (a) through (d) shall not apply to this subsection.

(E) Definitions. --In this paragraph:

 (i) National Instructional Materials Access Center. --The term `National Instructional Materials Access Center' means  the center established pursuant to section 674(e).

CFR TITLE 34—Subtitle B/Chapter III/Part 300.172 (State Eligibility-Access to Instructional Materials)

(a) General. The State must--

(1)  Adopt the National Instructional Materials Accessibility Standard (NIMAS), published as appendix C to part 300, for the purposes of providing instructional materials to blind persons or other persons with print disabilities, in a timely manner after publication of the NIMAS in the Federal Register on July 19,2006 (71 FR 41084); and

(2) Establish a State definition of "timely manner" for purposes of paragraphs (b)(2) and (b)(3) of this section if the State is not coordinating with the National Instructional Materials Access Center (NIMAC) or (b)(3) and (c)(2) of this section if the State is coordinating with the NIMAC.

(b) Rights and responsibilities of SEA.

(1) Nothing in this section shall be construed to require any SEA to coordinate with the NIMAC.

(2) If an SEA chooses not to coordinate with the NIMAC, the SEA must provide an assurance to the Secretary that it will provide instructional materials to blind persons or other persons with print disabilities in a timely manner.

(3) Nothing in this section relieves an SEA of its responsibility to ensure that children with disabilities who need instructional materials in accessible formats, but are not included under the definition of blind or other persons with print disabilities in Sec. 300.172(e)(1)(i) or who need materials that cannot be produced from NIMAS files, receive those instructional materials in a timely manner.

(4) In order to meet its responsibility under paragraphs (b)(2), (b)(3), and (c) of this section to ensure that children with disabilities who need instructional materials in accessible formats are provided those materials in a timely manner, the SEA must ensure that all public agencies take all reasonable steps to provide instructional materials in accessible formats to children with disabilities who need those instructional materials at the same time as other children receive instructional materials.

(c) Preparation and delivery of files. If an SEA chooses to coordinate with the NIMAC, as of December 3, 2006, the SEA must--

(1) As part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, must enter into a written contract with the publisher of the print instructional materials to--

 (i) Require the publisher to prepare and, on or before delivery of the print instructional materials, provide to NIMAC electronic files containing the contents of the print instructional materials using the NIMAS; or

 (ii) Purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats.

(2) Provide instructional materials to blind persons or other persons with print disabilities in a timely manner.

(d) Assistive technology. In carrying out this section, the SEA, to the maximum extent possible, must work collaboratively with the State agency responsible for assistive technology programs.

 (e) Definitions.

(1) In this section and Sec. 300.210--

 (i) Blind persons or other persons with print disabilities means children served under this part who may qualify to receive books and other publications produced in specialized formats in accordance with the Act entitled "An Act to provide books for adult blind," approved March 3, 1931, 2 U.S.C 135a;

 (ii) National Instructional Materials Access Center or NIMAC means the center established pursuant to section 674(e) of the Act;

 (iii) National Instructional Materials Accessibility Standard or NIMAS has the meaning given the term in section 674(e)(3)(B) of the Act;

 (iv) Specialized formats has the meaning given the term in section 674(e)(3)(D) of the Act.

(2) The definitions in paragraph (e)(1) of this section apply to each State and LEA, whether or not the State or LEA chooses to coordinate with the NIMAC. (Approved by the Office of Management and Budget under control number 1820-0030)

 (ii) National instructional materials accessibility standard. --The term `National Instructional Materials Accessibility Standard' has the meaning given the term in section 674(e)(3)(A).

 (iii) Specialized formats. --The term `specialized formats’ has the meaning given the term in section 674(e)(3)(D).

Pratt-Smoot Act, March 3, 1931

"In 1930, identical bills were introduced in Congress by Representative Ruth Pratt (H.R. 11365) and Senator Reed Smoot (S. 4030), to provide adequate service on a national scale through an appropriation to be expended under the direction of the Librarian of Congress. The Pratt-Smoot Act became law on March 3, 1931. The following laws and regulations authorize the provision of library service to people who are blind, visually impaired, or have a physical disability." (website, retrieved April 29, 2020. The Act has been amended to expand several times. The two most recent amendments are listed below.

Public Law 104-197 (Chaffee Amendment)

·       Extended the definition of copyright law for the reproduction of materials for educational purposes without permission from publishers, (addition to the original Pratt-Smoot Act).

(a) IN GENERAL--Chapter 1 of title 17, United States Code, is amended by adding after section 120 the following new section:

SEC.121. Limitations on exclusive rights: reproduction for blind or other people with disabilities

(a) Notwithstanding the provisions of sections 106 and 710, it is not an infringement of copyright for an authorized entity to reproduce or to distribute copies or phonorecords of a previously published, nondramatic literary work if such copies or phonorecords are reproduced or distributed in specialized formats exclusively for use by blind or other persons with disabilities.

(b)

(1) Copies or phonorecords to which this section applies shall--

(A) not be reproduced or distributed in a format other than a specialized format exclusively for use by blind or other persons with disabilities;

(B) bear a notice that any further reproduction or distribution in a format other than a specialized format is an infringement; and

(C) include a copyright notice identifying the copyright owner and the date of the original publication.

(2) The provisions of this subsection shall not apply to standardized, secure, or norm-referenced tests and related testing material, or to computer programs, except the portions thereof that are in conventional human language (including descriptions of pictorial works) and displayed to users in the ordinary course of using the computer programs.

(c) For purposes of this section, the term--

(1) 'authorized entity' means a nonprofit organization or a governmental agency that has a primary mission to provide specialized services relating to training, education, or adaptive reading or information access needs of blind or other persons with disabilities;

(2) 'blind or other persons with disabilities' means individuals who are eligible or who may qualify in accordance with the Act entitled 'An Act to provide books for the adult blind', approved March 3, 1931 (2 U.S.C. 35a; 46 Stat. 1487) to receive books and other publications produced in specialized formats; and

(3) 'specialized formats' means braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities.".

(b) TECHNICAL AND CONFORMING AMENDMENT--The table of sections for chapter 1 of title 17, United States Code, is amended by adding after the item relating to section 120 the following:

"121. Limitations on exclusive rights: reproduction for blind or other people with disabilities.".

Public Law 115–261 115th Marrakesh Treaty Implementation Act, (addition to the original Pratt-Smoot Act).

·       Redefines eligibility categories for print disabilities and open international sharing of print materials. Full text of the Marrakesh treaty follows.

An Act to amend title 17, United States Code, to implement the Marrakesh Treaty, and for other purposes.

SEC. 2. IMPLEMENTATION AMENDMENTS.

(a) In General. Chapter 1 of title 17, United States Code, is amended (1) in section 121 (A) in subsection (a)

(i) by inserting ‘‘in the United States’’ after ‘‘distribute’’;

(ii) by striking ‘‘, nondramatic’’;

(iii) by inserting ‘‘or of a previously published musical work that has been fixed in the form of text or notation’’ after ‘‘literary work’’;

(iv) by striking ‘‘specialized formats’’ and inserting ‘‘accessible formats’’; and

(v) by striking ‘‘blind or other persons with disabilities’’ and inserting ‘‘eligible persons’’;

(B) in subsection (b)(1)—(i) in subparagraph (A)—

(I) by inserting ‘‘in the United States’’ after ‘‘distributed’’;

(II) by striking ‘‘a specialized format’’ and inserting ‘‘an accessible format’’; and

(III) by striking ‘‘blind or other persons with disabilities’’ and inserting ‘‘eligible persons’’; and

(ii) in subparagraph (B), by striking ‘‘a specialized format’’ and inserting ‘‘an accessible format’’;

(C) in subsection (c)(3), by striking ‘‘specialized formats’’ and inserting ‘‘accessible formats’’; and

(D) in subsection (d)—

(i) by striking paragraphs (2) and (4);

(ii) by redesignating paragraph (1) as paragraph (2);

(iii) by redesignating paragraph (3) as paragraph (4);

(iv) by inserting before paragraph (2), as so Definitions. redesignated, the following:  ‘‘(1) ‘accessible format’ means an alternative manner or form that gives an eligible person access to the work when the copy or phonorecord in the accessible format is used exclusively by the eligible person to permit him or her to have access as feasibly and comfortably as a person without such disability as described in paragraph (3);’’;

(v) by inserting after paragraph (2), as so redesignated, the following: ‘(3) ‘eligible person’ means an individual who, regardless of any other disability—

‘‘(A) is blind;

‘‘(B) has a visual impairment or perceptual or reading disability that cannot be improved to give visual function substantially equivalent to that of a person who has no such impairment or disability and so is unable to read printed works to substantially the same degree as a person without an impairment or disability; or

‘‘(C) is otherwise unable, through physical disability, to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading; and’’; and

(vi) in paragraph (4), as so redesignated, by striking ‘‘; and’’ at the end and inserting a period; and

(2) by inserting after section 121 the following: 17 USC 121A. ‘‘§ 121A. Limitations on exclusive rights: reproduction for blind or other people with disabilities in Marrakesh Treaty countries

‘‘(a) Notwithstanding the provisions of sections 106 and 602, it is not an infringement of copyright for an authorized entity, acting pursuant to this section, to export copies or phonorecords of a previously published literary work or of a previously published musical work that has been fixed in the form of text or notation in accessible formats to another country when the exportation is made either to—

‘‘(1) an authorized entity located in a country that is a Party to the Marrakesh Treaty; or

‘‘(2) an eligible person in a country that is a Party to the Marrakesh Treaty, if prior to the exportation of such copies or phonorecords, the authorized entity engaged in the exportation did not know or have reasonable grounds to know that the copies or phonorecords would be used other than by eligible persons.

‘‘(b) Notwithstanding the provisions of sections 106 and 602, it is not an infringement of copyright for an authorized entity or an eligible person, or someone acting on behalf of an eligible person, acting pursuant to this section, to import copies or phonorecords of a previously published literary work or of a previously published musical work that has been fixed in the form of text or notation in accessible formats.

‘‘(c) In conducting activities under subsection (a) or (b), an authorized entity shall establish and follow its own practices, in keeping with its particular circumstances, to—

‘‘(1) establish that the persons the authorized entity serves are eligible persons;

 ‘‘(2) limit to eligible persons and authorized entities the distribution of accessible format copies by the authorized entity;

‘‘(3) discourage the reproduction and distribution of unauthorized copies;

‘‘(4) maintain due care in, and records of, the handling of copies of works by the authorized entity, while respecting the privacy of eligible persons on an equal basis with others; and

 ‘‘(5) facilitate effective cross-border exchange of accessible format copies by making publicly available—

‘‘(A) the titles of works for which the authorized entity has accessible format copies or phonorecords and the specific accessible formats in which they are available; and

‘‘(B) information on the policies, practices, and authorized entity partners of the authorized entity for the cross-border exchange of accessible format copies.

‘‘(d) Nothing in this section shall be construed to establish—

‘‘(1) a cause of action under this title; or

‘‘(2) a basis for regulation by any Federal agency.

‘‘(e) Nothing in this section shall be construed to limit the ability to engage in any activity otherwise permitted under this title.

‘‘(f) For purposes of this section—

‘‘(1) the terms ‘accessible format’, ‘authorized entity’, and ‘eligible person’ have the meanings given those terms in section 121; and

‘‘(2) the term ‘Marrakesh Treaty’ means the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities concluded at Marrakesh, Morocco, on June 28, 2013.’’.

(b)TABLE OF SECTIONS AMENDMENT. — The table of sections for chapter 1 of title 17, United States Code, is amended by inserting after the item relating to section 121 the following: ‘‘121A. Limitations on exclusive rights: reproduction for blind or other people with disabilities in Marrakesh Treaty countries.’’

Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (Marrakesh Treaty)

Preamble

The Contracting Parties,

Recalling the principles of non-discrimination, equal opportunity, accessibility and full and effective participation and inclusion in society, proclaimed in the Universal Declaration of Human Rights and the United Nations Convention on the Rights of Persons with Disabilities,

Mindful of the challenges that are prejudicial to the complete development of persons with visual impairments or with other print disabilities, which limit their freedom of expression, including the freedom to seek, receive and impart information and ideas of all kinds on an equal basis with others, including through all forms of communication of their choice, their enjoyment of the right to education, and the opportunity to conduct research,

Emphasizing the importance of copyright protection as an incentive and reward for literary and artistic creations and of enhancing opportunities for everyone, including persons with visual impairments or with other print disabilities, to participate in the cultural life of the community, to enjoy the arts and to share scientific progress and its benefits,

Aware of the barriers of persons with visual impairments or with other print disabilities to access published works in achieving equal opportunities in society, and the need to both expand the number of works in accessible formats and to improve the circulation of such works,

Taking into account that the majority of persons with visual impairments or with other print disabilities live in developing and least-developed countries,

Recognizing that, despite the differences in national copyright laws, the positive impact of new information and communication technologies on the lives of persons with visual impairments or with other print disabilities may be reinforced by an enhanced legal framework at the international level,

Recognizing that many Member States have established limitations and exceptions in their national copyright laws for persons with visual impairments or with other print disabilities, yet there is a continuing shortage of available works in accessible format copies for such persons, and that considerable resources are required for their effort of making works accessible to these persons, and that the lack of possibilities of cross-border exchange of accessible format copies has necessitated duplication of these efforts,

Recognizing both the importance of rightholders’ role in making their works accessible to persons with visual impairments or with other print disabilities and the importance of appropriate limitations and exceptions to make works accessible to these persons, particularly when the market is unable to provide such access,

Recognizing the need to maintain a balance between the effective protection of the rights of authors and the larger public interest, particularly education, research and access to information, and that such a balance must facilitate effective and timely access to works for the benefit of persons with visual impairments or with other print disabilities,

Reaffirming the obligations of Contracting Parties under the existing international treaties on the protection of copyright and the importance and flexibility of the three-step test for limitations and exceptions established in Article 9(2) of the Berne Convention for the Protection of Literary and Artistic Works and other international instruments,

Recalling the importance of the Development Agenda recommendations, adopted in 2007 by the General Assembly of the World Intellectual Property Organization (WIPO), which aim to ensure that development considerations form an integral part of the Organization’s work,

Recognizing the importance of the international copyright system and desiring to harmonize limitations and exceptions with a view to facilitating access to and use of works by persons with visual impairments or with other print disabilities,

Have agreed as follows:

Article 1
Relation to Other Conventions and Treaties

Nothing in this Treaty shall derogate from any obligations that Contracting Parties have to each other under any other treaties, nor shall it prejudice any rights that a Contracting Party has under any other treaties.

Article 2
Definitions

For the purposes of this Treaty:

(a) "works" means literary and artistic works within the meaning of Article 2(1) of the Berne Convention for the Protection of Literary and Artistic Works, in the form of text, notation and/or related illustrations, whether published or otherwise made publicly available in any media [1];

(b) "accessible format copy" means a copy of a work in an alternative manner or form which gives a beneficiary person access to the work, including to permit the person to have access as feasibly and comfortably as a person without visual impairment or other print disability.  The accessible format copy is used exclusively by beneficiary persons and it must respect the integrity of the original work, taking due consideration of the changes needed to make the work accessible in the alternative format and of the accessibility needs of the beneficiary persons;

(c) "authorized entity" means an entity that is authorized or recognized by the government to provide education, instructional training, adaptive reading or information access to beneficiary persons on a non-profit basis.  It also includes a government institution or non-profit organization that provides the same services to beneficiary persons as one of its primary activities or institutional obligations [2].

An authorized entity establishes and follows its own practices:

(i)  to establish that the persons it serves are beneficiary persons;

(ii) to limit to beneficiary persons and/or authorized entities its distribution and making available of accessible format copies;

(iii) to discourage the reproduction, distribution and making available of unauthorized copies; and

(iv) to maintain due care in, and records of, its handling of copies of works, while respecting the privacy of beneficiary persons in accordance with Article 8.

Article 3
Beneficiary Persons

A beneficiary person is a person who:

(a) is blind;

(b) has a visual impairment or a perceptual or reading disability which cannot be improved to give visual function substantially equivalent to that of a person who has no such impairment or disability and so is unable to read printed works to substantially the same degree as a person without an impairment or disability;  or

(c) is otherwise unable, through physical disability, to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading;

regardless of any other disabilities.

Article 4
National Law Limitations and Exceptions Regarding Accessible Format Copies

1.

(a) Contracting Parties shall provide in their national copyright laws for a limitation or exception to the right of reproduction, the right of distribution, and the right of making available to the public as provided by the WIPO Copyright Treaty (WCT), to facilitate the availability of works in accessible format copies for beneficiary persons.  The limitation or exception provided in national law should permit changes needed to make the work accessible in the alternative format.

(b) Contracting Parties may also provide a limitation or exception to the right of public performance to facilitate access to works for beneficiary persons.

2. A Contracting Party may fulfill Article 4(1) for all rights identified therein by providing a limitation or exception in its national copyright law such that:

(a) Authorized entities shall be permitted, without the authorization of the copyright rightholder, to make an accessible format copy of a work, obtain from another authorized entity an accessible format copy, and supply those copies to beneficiary persons by any means, including by non-commercial lending or by electronic communication by wire or wireless means, and undertake any intermediate steps to achieve those objectives, when all of the following conditions are met:

(i)  the authorized entity wishing to undertake said activity has lawful access to that work or a copy of that work;

(ii) the work is converted to an accessible format copy, which may include any means needed to navigate information in the accessible format, but does not introduce changes other than those needed to make the work accessible to the beneficiary person;

(iii) such accessible format copies are supplied exclusively to be used by beneficiary persons;  and

(iv) the activity is undertaken on a non-profit basis;

and

(b) A beneficiary person, or someone acting on his or her behalf including a primary caretaker or caregiver, may make an accessible format copy of a work for the personal use of the beneficiary person or otherwise may assist the beneficiary person to make and use accessible format copies where the beneficiary person has lawful access to that work or a copy of that work.

3. A Contracting Party may fulfill Article 4(1) by providing other limitations or exceptions in its national copyright law pursuant to Articles 10 and 11 [4].

4. A Contracting Party may confine limitations or exceptions under this Article to works which, in the particular accessible format, cannot be obtained commercially under reasonable terms for beneficiary persons in that market.  Any Contracting Party availing itself of this possibility shall so declare in a notification deposited with the Director General of WIPO at the time of ratification of, acceptance of or accession to this Treaty or at any time thereafter.

5. It shall be a matter for national law to determine whether limitations or exceptions under this Article are subject to remuneration.

Article 5
Cross-Border Exchange of Accessible Format Copies

1. Contracting Parties shall provide that if an accessible format copy is made under a limitation or exception or pursuant to operation of law, that accessible format copy may be distributed or made available by an authorized entity to a beneficiary person or an authorized entity in another Contracting Party [6].

2. A Contracting Party may fulfill Article 5(1) by providing a limitation or exception in its national copyright law such that:

(a) authorized entities shall be permitted, without the authorization of the rightholder, to distribute or make available for the exclusive use of beneficiary persons accessible format copies to an authorized entity in another Contracting Party; and

(b) authorized entities shall be permitted, without the authorization of the rightholder and pursuant to Article 2(c), to distribute or make available accessible format copies to a beneficiary person in another Contracting Party; provided that prior to the distribution or making available the originating authorized entity did not know or have reasonable grounds to know that the accessible format copy would be used for other than beneficiary persons.

3. A Contracting Party may fulfill Article 5(1) by providing other limitations or exceptions in its national copyright law pursuant to Articles 5(4), 10 and 11.

4.

(a) When an authorized entity in a Contracting Party receives accessible format copies pursuant to Article 5(1) and that Contracting Party does not have obligations under Article 9 of the Berne Convention, it will ensure, consistent with its own legal system and practices, that the accessible format copies are only reproduced, distributed or made available for the benefit of beneficiary persons in that Contracting Party’s jurisdiction.

(b) The distribution and making available of accessible format copies by an authorized entity pursuant to Article 5(1) shall be limited to that jurisdiction unless the Contracting Party is a Party to the WIPO Copyright Treaty or otherwise limits limitations and exceptions implementing this Treaty to the right of distribution and the right of making available to the public to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the rightholder.

(c) Nothing in this Article affects the determination of what constitutes an act of distribution or an act of making available to the public.

5. Nothing in this Treaty shall be used to address the issue of exhaustion of rights.

Article 6
Importation of Accessible Format Copies

To the extent that the national law of a Contracting Party would permit a beneficiary person, someone acting on his or her behalf, or an authorized entity, to make an accessible format copy of a work, the national law of that Contracting Party shall also permit them to import an accessible format copy for the benefit of beneficiary persons, without the authorization of the rightholder.

Article7
Obligations Concerning Technological Measures

Contracting Parties shall take appropriate measures, as necessary, to ensure that when they provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures, this legal protection does not prevent beneficiary persons from enjoying the limitations and exceptions provided for in this Treaty.

Article 8
Respect for Privacy

In the implementation of the limitations and exceptions provided for in this Treaty, Contracting Parties shall endeavor to protect the privacy of beneficiary persons on an equal basis with others.

Article 9
Cooperation to Facilitate Cross-Border Exchange

1. Contracting Parties shall endeavor to foster the cross-border exchange of accessible format copies by encouraging the voluntary sharing of information to assist authorized entities in identifying one another.  The International Bureau of WIPO shall establish an information access point for this purpose.

2. Contracting Parties undertake to assist their authorized entities engaged in activities under Article 5 to make information available regarding their practices pursuant to Article 2(c), both through the sharing of information among authorized entities, and through making available information on their policies and practices, including related to cross-border exchange of accessible format copies, to interested parties and members of the public as appropriate.

3. The International Bureau of WIPO is invited to share information, where available, about the functioning of this Treaty.

4. Contracting Parties recognize the importance of international cooperation and its promotion, in support of national efforts for realization of the purpose and objectives of this Treaty [12].

 Article 10
General Principles on Implementation

1. Contracting Parties undertake to adopt the measures necessary to ensure the application of this Treaty.

2. Nothing shall prevent Contracting Parties from determining the appropriate method of implementing the provisions of this Treaty within their own legal system and practice.

3. Contracting Parties may fulfill their rights and obligations under this Treaty through limitations or exceptions specifically for the benefit of beneficiary persons, other limitations or exceptions, or a combination thereof, within their national legal system and practice.  These may include judicial, administrative or regulatory determinations for the benefit of beneficiary persons as to fair practices, dealings or uses to meet their needs consistent with the Contracting Parties’ rights and obligations under the Berne Convention, other international treaties, and Article 11.

Article 11
General Obligations on Limitations and Exceptions

In adopting measures necessary to ensure the application of this Treaty, a Contracting Party may exercise the rights and shall comply with the obligations that that Contracting Party has under the Berne Convention, the Agreement on Trade-Related Aspects of Intellectual Property Rights and the WIPO Copyright Treaty, including their interpretative agreements so that:

(a) in accordance with Article 9(2) of the Berne Convention, a Contracting Party may permit the reproduction of works in certain special cases provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author;

(b) in accordance with Article 13 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, a Contracting Party shall confine limitations or exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the rightholder;

(c) in accordance with Article 10(1) of the WIPO Copyright Treaty, a Contracting Party may provide for limitations of or exceptions to the rights granted to authors under the WCT in certain special cases, that do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author;

(d) in accordance with Article 10(2) of the WIPO Copyright Treaty, a Contracting Party shall confine, when applying the Berne Convention, any limitations of or exceptions to rights to certain special cases that do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author.

Article 12
Other Limitations and Exceptions

1. Contracting Parties recognize that a Contracting Party may implement in its national law other copyright limitations and exceptions for the benefit of beneficiary persons than are provided by this Treaty having regard to that Contracting Party’s economic situation, and its social and cultural needs, in conformity with that Contracting Party's international rights and obligations, and in the case of a least-developed country taking into account its special needs and its particular international rights and obligations and flexibilities thereof.

2. This Treaty is without prejudice to other limitations and exceptions for persons with disabilities provided by national law.

Article 13
Assembly

1.

(a) The Contracting Parties shall have an Assembly.

(b) Each Contracting Party shall be represented in the Assembly by one delegate who may be assisted by alternate delegates, advisors and experts.

(c) The expenses of each delegation shall be borne by the Contracting Party that has appointed the delegation.  The Assembly may ask WIPO to grant financial assistance to facilitate the participation of delegations of Contracting Parties that are regarded as developing countries in conformity with the established practice of the General Assembly of the United Nations or that are countries in transition to a market economy.

2.

(a) The Assembly shall deal with matters concerning the maintenance and development of this Treaty and the application and operation of this Treaty.

(b) The Assembly shall perform the function allocated to it under Article 15 in respect of the admission of certain intergovernmental organizations to become party to this Treaty.

(c) The Assembly shall decide the convocation of any diplomatic conference for the revision of this Treaty and give the necessary instructions to the Director General of WIPO for the preparation of such diplomatic conference.

3.

(a) Each Contracting Party that is a State shall have one vote and shall vote only in its own name.

(b) Any Contracting Party that is an intergovernmental organization may participate in the vote, in place of its Member States, with a number of votes equal to the number of its Member States which are party to this Treaty.  No such intergovernmental organization shall participate in the vote if any one of its Member States exercises its right to vote and vice versa.

4. The Assembly shall meet upon convocation by the Director General and, in the absence of exceptional circumstances, during the same period and at the same place as the General Assembly of WIPO.

5. The Assembly shall endeavor to take its decisions by consensus and shall establish its own rules of procedure, including the convocation of extraordinary sessions, the requirements of a quorum and, subject to the provisions of this Treaty, the required majority for various kinds of decisions.

Article 14
International Bureau

The International Bureau of WIPO shall perform the administrative tasks concerning this Treaty.

Article 15
Eligibility for Becoming Party to the Treaty

1. Any Member State of WIPO may become party to this Treaty.

2. The Assembly may decide to admit any intergovernmental organization to become party to this Treaty which declares that it is competent in respect of, and has its own legislation binding on all its Member States on, matters covered by this Treaty and that it has been duly authorized, in accordance with its internal procedures, to become party to this Treaty.

3. The European Union, having made the declaration referred to in the preceding paragraph at the Diplomatic Conference that has adopted this Treaty, may become party to this Treaty.

Article 16
Rights and Obligations Under the Treaty

Subject to any specific provisions to the contrary in this Treaty, each Contracting Party shall enjoy all of the rights and assume all of the obligations under this Treaty.

Article 17
Signature of the Treaty

This Treaty shall be open for signature at the Diplomatic Conference in Marrakesh, and thereafter at the headquarters of WIPO by any eligible party for one year after its adoption.

Article 18
Entry into Force of the Treaty

This Treaty shall enter into force three months after 20 eligible parties referred to in Article 15 have deposited their instruments of ratification or accession.

Article 19
Effective Date of Becoming Party to the Treaty

This Treaty shall bind:

(a) the 20 eligible parties referred to in Article 18, from the date on which this Treaty has entered into force.

(b) each other eligible party referred to in Article 15, from the expiration of three months from the date on which it has deposited its instrument of ratification or accession with the Director General of WIPO.

Article 20
Denunciation of the Treaty

This Treaty may be denounced by any Contracting Party by notification addressed to the Director General of WIPO.  Any denunciation shall take effect one year from the date on which the Director General of WIPO received the notification.

Article 21
Languages of the Treaty

1. This Treaty is signed in a single original in English, Arabic, Chinese, French, Russian and Spanish languages, the versions in all these languages being equally authentic.

2. An official text in any language other than those referred to in Article 21(1) shall be established by the Director General of WIPO on the request of an interested party, after consultation with all the interested parties.  For the purposes of this paragraph, "interested party" means any Member State of WIPO whose official language, or one of whose official languages, is involved and the European Union, and any other intergovernmental organization that may become party to this Treaty, if one of its official languages is involved.

 Article 22
Depositary

The Director General of WIPO is the depositary of this Treaty.

 

Done in Marrakesh on the 27th day of June 2013.

 

Agreed statement concerning Article 2(a):  For the purposes of this Treaty, it is understood that this definition includes such works in audio form, such as audiobooks.

Agreed statement concerning Article 2(c):  For the purposes of this Treaty, it is understood that "entities recognized by the government" may include entities receiving financial support from the government to provide education, instructional training, adaptive reading or information access to beneficiary persons on a non-profit basis.

Agreed statement concerning Article 3(b):  Nothing in this language implies that "cannot be improved" requires the use of all possible medical diagnostic procedures and treatments.

Agreed statement concerning Article 4(3):  It is understood that this paragraph neither reduces nor extends the scope of applicability of limitations and exceptions permitted under the Berne Convention, as regards the right of translation, with respect to persons with visual impairments or with other print disabilities.

Agreed statement concerning Article 4(4):  It is understood that a commercial availability requirement does not prejudge whether or not a limitation or exception under this Article is consistent with the three-step test.

Agreed statement concerning Article 5(1):  It is further understood that nothing in this Treaty reduces or extends the scope of exclusive rights under any other treaty.

Agreed statement concerning Article 5(2):  It is understood that, to distribute or make available accessible format copies directly to a beneficiary person in another Contracting Party, it may be appropriate for an authorized entity to apply further measures to confirm that the person it is serving is a beneficiary person and to follow its own practices as described in Article 2(c).

Agreed statement concerning Article 5(4)(b):  It is understood that nothing in this Treaty requires or implies that a Contracting Party adopt or apply the three-step test beyond its obligations under this instrument or under other international treaties.

Agreed statement concerning Article 5(4)(b):  It is understood that nothing in this Treaty creates any obligations for a Contracting Party to ratify or accede to the WCT or to comply with any of its provisions and nothing in this Treaty prejudices any rights, limitations and exceptions contained in the WCT.

Agreed statement concerning Article 6:  It is understood that the Contracting Parties have the same flexibilities set out in Article 4 when implementing their obligations under Article 6.

Agreed statement concerning Article 7:  It is understood that authorized entities, in various circumstances, choose to apply technological measures in the making, distribution and making available of accessible format copies and nothing herein disturbs such practices when in accordance with national law.

Agreed statement concerning Article 9:  It is understood that Article 9 does not imply mandatory registration for authorized entities nor does it constitute a precondition for authorized entities to engage in activities recognized under this Treaty;  but it provides for a possibility for sharing information to facilitate the cross-border exchange of accessible format copies.

Agreed statement concerning Article 10(2):  It is understood that when a work qualifies as a work under Article 2(a), including such works in audio form, the limitations and exceptions provided for by this Treaty apply mutatis mutandis to related rights as necessary to make the accessible format copy, to distribute it and to make it available to beneficiary persons.

36 CFR 701.10  National Library Service Loans of library materials for blind and other physically handicapped persons.

a. Program. In connection with the Library's program of service under the act of March 3, 1931 (46 Stat. 1487), as amended, its National Library Service for the Blind and Physically Handicapped provides books in raised characters (braille), on sound reproduction recordings, or in any other form, under regulations established by the Librarian of Congress. The National Library Service also provides and maintains reproducers for such sound reproduction recordings for the use of blind and other physically handicapped residents of the United States, including the several States, Territories, Insular Possessions, and the District of Columbia, and American citizens temporarily domiciled abroad.

b. Eligibility Criteria.

1. The following persons are eligible for such service:

i. Blind persons whose visual acuity, as determined by competent authority, is 20/200 or less in the better eye with correcting glasses, or whose widest diameter if visual field subtends an angular distance no greater than 20 degrees.

ii. Persons whose visual disability, with correction and regardless of optical measurement, is certified by competent authority as preventing the reading of standard printed material.

iii. Persons certified by competent authority as unable to read or unable to use standard printed material as a result of physical limitations.

iv. Persons certified by competent authority as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner.

2. In connection with eligibility for loan services "competent authority" is defined as follows:

i. In cases of blindness, visual disability, or physical limitations "competent authority" is defined to include doctors of medicine, doctors of osteopathy, ophthalmologists, optometrists, registered nurses, therapists, professional staff of hospitals, institutions, and public or welfare agencies (e.g., social workers, case workers, counselors, rehabilitation teachers, and superintendents). In the absence of any of these, certification may be made by professional librarians or by any persons whose competence under specific circumstances is acceptable to the Library of Congress.

ii. In the case of reading disability from organic dysfunction, competent authority is defined as doctors of medicine who may consult with colleagues in associated disciplines.

c. Loans through regional libraries. Sound reproducers are lent to individuals and appropriate centers through agencies, libraries, and other organizations designated by the Librarian of Congress to service specific geographic areas, to certify eligibility of prospective readers, and to arrange for maintenance and repair of reproducers. Libraries designated by the Librarian of Congress serve as local or regional centers for the direct loan of such books, reproducers, or other specialized material to eligible readers in specific geographic areas. They share in the certification of prospective readers, and utilize all available channels of communication to acquaint the public within their jurisdiction with all aspects of the program.

d. National collections. The Librarian of Congress, through the National Library Service for the Blind and Physically Handicapped, defines regions and determines the need for new regional libraries in cooperation with other libraries or agencies whose activities are primarily concerned with the blind and physically handicapped. It serves as the center from which books, recordings, sound reproducers, and other specialized materials are lent to eligible blind and physically handicapped readers who may be temporarily domiciled outside the jurisdictions enumerated by the act. It maintains a special collection of books in raised characters and on sound reproduction recordings not housed in regional libraries and makes these materials available to eligible borrowers on interlibrary loan.

e. Institutions. The reading materials and sound reproducers for the use of blind and physically handicapped persons may be loaned to individuals who qualify, to institutions such as nursing homes and hospitals, and to schools for the blind or physically handicapped for the use of such persons only. The reading materials and sound reproducers may also be used in public or private schools where handicapped students are enrolled; however, the students in public or private schools must be certified as eligible on an individual basis and must be the direct and only recipients of the materials and equipment.

f. Musical scores. The National Library Service also maintains a library of musical scores, instructional texts, and other specialized materials for the use of the blind and other physically handicapped residents of the United States and its possessions in furthering their educational, vocational, and cultural opportunities in the field of music. Such scores, texts, and materials are made available on a loan basis under regulations developed by the Librarian of Congress in consultation with persons, organizations, and agencies engaged in work for the blind and for other physically handicapped persons.

g. Veterans. In the lending of such books, recordings, reproducers, musical scores, instructional texts, and other specialized materials, preference shall be at all times given to the needs of the blind and other physically handicapped persons who have been honorably discharged from the Armed Forces of the United States.

h. Inquiries for information relative to the prescribed procedures and regulations governing such loans and requests for loans should be addressed to: Director, National Library Service for the Blind and Physically Handicapped, Library of Congress, Washington, DC 20542.

[39 Federal Register 20203, June 7, 1974, as amended at 46 Federal Register 48661, Oct. 2, 1981]

State Rules
160-4-4.10 (Instructional Materials Selection and Recommendation)

(1) DEFINITIONS.

(a) Agreement – the document that states a publisher is in compliance with certain specifications and conditions.

(b) Georgia Learning Resources Guide (state guide) - those learning resources that have been state-recommended.

(c) Learning Resources – instructional materials and content to include but not limited to systematically designed material in any medium, including digital instructional materials and content and any computer hardware, software, and technical equipment necessary to support such instructional materials and content that constitute the principal source of study for a state funded course to be used in the various grades in the public schools of this state, including the elementary grades and high school grades. Learning resources include textbooks, ebooks, software, online materials and programs and specialized formats, i.e., Braille, audio, digital, DVDs, large print or other versions. Instructional resources shall also include any materials previously defined by the State Board as “textbook/instructional materials”. The Board does not intend any change in this rule to have any effect on current or past textbook contracts.

(d) Learning Resources Recommendation Cycle And Process (recommendation cycle) - the period of time when state recommendation takes place for each program area in all state-funded courses as specified in Rule 160-4-2-.20 State-Funded K-8 Subjects and 9-12 Courses for Students Entering Ninth Grade in 2008 and Subsequent Years. In each year of the cycle, state recommendation activities and events take place for a different group of state-funded courses which results in state recommendation and a state guide. These activities and events are contingent upon budget funding.

(e) State Learning Resources Advisory Committee (state committee) - individuals recommended by the State Board of Education and the state superintendent of schools and approved by the State Board of Education to examine learning resources and to make recommendations.

(f) State Learning Resources recommendation (state recommendation) - the action, taken by the State Board of Education on recommendation from the state committee, that identifies those learning resources that are recommended to local school systems.

(2) REQUIREMENTS FOR LOCAL SCHOOL SYSTEMS.

(a) Each local school system shall update annually and have on file in the superintendent’s office an implementation plan for the adoption of leaning resources which is based upon but not limited to the most recent state recommendation for the given subject area(s).

(3) INSTRUCTIONAL MATERIALS AND CONTENT

(a) As used in Code Section 20-2-1017, the term “locally approved instructional materials and content” means instructional materials and content, as defined by the State Board of Education pursuant to Code Section 20-2-1010, which constitute the principal source of study for a state funded course, not including supplementary or ancillary material, which is adopted by a local board of education or used by a local school system. Supplementary or ancillary material includes, but is not limited to, articles, online simulations, worksheets, novels, biographies, speeches, videos, music, and similar resources in any medium, including both physical or digital.

(b) Each local board of education shall establish a review and recommendation process for any locally approved instructional materials and content that are adopted or used by the local school system. Such process shall include notice to parents and guardians by the most practical means, which may be accomplished in the same manner as other notices to parents and guardians, and the opportunity for public comment and parental input prior to the adoption or use of any proposed instructional materials and content. As part of such process, the local board of education shall post in a prominent location on its website, and make available for review in print form upon request, a list of proposed instructional materials and content for public review, including the version or edition number, if applicable; the state funded course number for which the instructional resource will be used, if applicable; and the identification number, in accordance with any guidelines established by the State Board of Education.

(c)

(1) Each local board of education shall make all proposed and locally approved instructional materials and content used by the local school system available for review on site upon request. Each local board of education shall make any supplementary or ancillary material used by the local school system at a school available for review upon request by any parent of a student in the school or who will be matriculating to such school. The local board of education may specify reasonable hours for review.

(2) Each local board of education shall designate at least one employee to serve as the contact person for any inquiries related to or requests for review of locally approved instructional materials and content and supplementary or ancillary material and to coordinate its efforts to comply with and carry out its responsibilities under this Code section.

(d) In addition, each local school system and each school which maintains a website shall post in a prominent location on such website a list of the locally approved instructional materials and content that are used by such school system or school. For each locally approved instructional resource, such list shall include the version or edition number, if applicable; the state funded course number for which the instructional resource will be used, if applicable; and the identification number, in accordance with any guidelines established by the State Board of Education.

(4) MINIMUM REQUIREMENTS FOR PUBLISHERS.

(a) Publishers shall adhere to the terms and conditions set forth in the current year’s Georgia Learning Resources Recommendation Agreement.

(b) Publishers shall annually submit required forms to the Department by established deadlines. These forms are available from the Department.

(c) Publishers shall deliver learning resources submitted for review and possible recommendation to specific evaluation sites on dates set by the Department.

(d) Publishers shall guarantee that any non-consumable student learning resource or any electronic medium submitted for recommendation shall withstand normal use during the specified recommendation cycle and shall also agree to replace immediately, at no cost to the ordering school system, any such items that do not stand up to normal use.

(e) Publishers shall guarantee the timely delivery of learning resources to school systems.

(f) Publishers shall sell learning resources to local school systems at the lowest price offered to any state or school district in the United States during the period of the recommendation. Publishers shall also guarantee that prices submitted as part of the agreement shall be the fixed maximum costs for those materials over the period of the recommendation agreement. Publishers shall automatically reduce the price of said learning resources to the State Board of Education and/or any Georgia school system to the extent that reductions are made elsewhere in the United States.

(g) Publishers shall furnish to each local school system purchasing the recommended learning resources those items that are free of charge, such as on teacher’s edition for each teacher using classroom sets of the recommended ordered learning resources. If a publisher makes any additional learning resources available at no charge to one school system, it shall make the same learning resources available at no charge to all other school systems purchasing the recommended learning resources.

(h) Publishers, publishing agents or any group or individual with a vested interest in the learning resources being evaluated are prohibited from contacting a state committee member for the purpose of influencing the evaluation of learning resources by the committee. In the event that such contact is identified, the state committee is authorized to present a recommendation to the State Board of Education that may result in the removal of submitted leaning resources of the publisher from recommendation consideration.

(i) Appeals regarding decision made by the Learning Resources Advisory Committee or the Georgia Department of Education shall be made in writing to the state superintendent of schools within 10 working days of the date of written notification to the publisher of the committee’s recommendations. The appeal shall specify the decision being appealed. The state superintendent shall submit the appeal for resolution to the State Board of Education.

1. Prior to making its decision, the State Board of Education may either require submission of additional information from the Learning Resources Advisory Committee or the party submitting the appeal, or it may require reconsideration of the recommendation(s) by the Learning Resources Advisory Committee.

(j) Any publisher desiring to request a waiver of any requirement shall follow procedures established in Rule 160-1-3-.02 Suspension of Rules and Laws (Waiver).

 

Authority: O.C.G.A § 20-2-133; 20-2-168(b); 20-2-1010; 20-2-1011; 20-2-1012; 20-2-103; 20-2-1014; 20-2-1015; 20-2-1017

Adopted: August 18, 2016 Effective: September 8, 2016

160-4-4-.20 (Instructional Materials Advisory Committee)

(1) DEFINITIONS.

(a) Learning Resources – instructional materials and content to include but not be limited to systematically designed material in any medium, including digital instructional materials and content and any computer hardware, software, and technical equipment necessary to support such instructional materials and content, that constitutes the principal source of study for a state funded course to be used in the various grades in the public schools of this state, including the elementary grades and high school grades. Learning resources include textbooks, ebooks, software, on-line material and programs and specialized formats, i.e., Braille, audio, digital, DVDs, large-print or other versions. Instructional resources shall also include any materials previously defined by the State Board as "textbook/instructional materials." The Board does not intend any change in this rule to have any effect on current or past textbook contracts.

(b) State Learning Resources Advisory Committee (state committee) – individuals recommended by State Board members and the state superintendent of schools and approved by the State Board to examine learning resources and to make recommendations.

(c) State learning resources recommendation (state recommendation) - those learning resources that have been approved by the State Board of Education on recommendations from the state committee, that identifies those learning resources that may be purchased by local school systems with state funds.

(2) REQUIREMENTS.

(a) The State Board of Education may select a committee or committees of educators actually engaged in public school work in this state to examine instructional materials and content and make recommendations thereon to the state board. Such committee or committees may consist of such number of educators as the state board may deem advisable. They may serve for such time and for such duties as the state board may prescribe and may receive such compensation as may be fixed by the state board.

(b) In the event that the State Board of Education elects to provide for state approved instructional materials and content, the State Board of Education shall establish a review and recommendation process in accordance with this paragraph. Such process shall include the opportunity for public comment and parental input prior to the adoption of any proposed instructional materials and content. As part of such process, the State Board of Education shall post in a prominent location on its website a list of proposed instructional materials and content for public review, including the version or edition number, if applicable; the state-funded course number for which the instructional resource will be used; and the identification number, in accordance with any guidelines established by the State Board of Education. The State Board of Education shall make all state approved instructional materials and content available for review upon request and may specify reasonable hours for review. If state instructional materials and content are approved, the state board shall designate at least one employee to serve as the contact person for any inquiries related to or requests for review of state approved instructional materials and content and to coordinate its efforts to comply with and carry out its responsibilities under this subsection.

(c) Each state committee shall be approved by the state board and shall be composed of members representative of the subject area(s)/grade(s) being recommended. They shall be selected from each congressional district by State Board members and from the state at large by the state superintendent of schools. Appointees shall include educators from public schools and the lay public.

1. Appointees shall serve until a new committee is appointed to be responsible for consideration of the same subject area(s)/grade(s).

2. The state committee shall:

(i) Assure that all learning resources submitted during the recommendation process are evaluated in local communities;

(ii) Assure that only those learning resources considered to be of the highest quality are recommended for state recommendation;

(iii) Have open meetings; and

(iv) Present to the state board a list of recommended titles.

(d) Members of the state committee shall not have been employed within the preceding two years by any publisher, producer or distributor of learning resources. Members shall be released from the committee if they accept employment with any author, producer, publisher or distributor of learning resources while serving on the state committee.

(e) While serving on the state committee, members shall not receive any item of value from any author, producer, publisher or distributor of learning resources, except for copies of the sample learning resources to be evaluated. Members shall not sell or otherwise dispose of samples in any manner that results in personal gain.

Authority O.C.G.A § 20-2-1010; 20-2-1012.

Adopted: August 18, 2016 Effective Date: September 8, 2016

State Laws
§ 20-2-1013 - Free instructional materials and content; care and protection of instructional materials, library books, and media materials; reimbursement by pupils or parents

(a) The State Board of Education is authorized and directed to inaugurate and administer a system of free instructional materials and content for the public schools of this state. The state board shall have authority to promulgate and enforce such rules and regulations as may be necessary for that purpose.

(b) All instructional materials and content and any computer hardware, software, and technical equipment necessary to support such digital materials and content purchased by local units of administration with state Quality Basic Education Program funds or any other means of acquisition may remain the property of the local unit purchasing or acquiring them. Assistive technology devices that are acquired may remain the property of the student; provided, however, that this shall not be construed to violate any contracts or copyright laws. Each local unit of administration shall establish such policies as it deems necessary for the care and protection of its instructional materials and content; computer hardware, software, and technical equipment necessary to support such materials and content; library books; and media materials as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit. Such policies may include any of the following sanctions against a pupil who fails or refuses to pay for any lost or damaged instructional materials and content; computer hardware, software, and technical equipment necessary to support such materials and content; library book; or media material at the replacement cost:

(1) Refusal to issue or make available any additional instructional materials and content, any computer hardware, software, and technical equipment necessary to support such materials and content, any library books, or any media materials until restitution is made; or

(2) Withholding of all grade cards, diplomas, or certificates of progress until restitution is made. No local unit of administration shall require any pupil or parent to purchase any instructional materials and content; computer hardware, software, and technical equipment necessary to support such materials and content; library book; or media material except in cases where the pupil damages, loses, or defaces such item either through willful intent or neglect.

§ 20-2-1015 - Instructional materials and content in digital or electronic format; funding

(a) Local boards of education are strongly encouraged on and after July 1, 2020 to:

(1) Purchase all instructional materials and content in digital or electronic format; and

(2) Provide a laptop, tablet, or other wireless electronic device to each of its students in grades three and higher or allow students to provide their own for use as the principal source of reading or accessing instructional materials and content.

(b) The State Board of Education shall annually determine a reasonable level of funding to assist local boards of education in attaining complete digital access pursuant to this Code section. Such level of funding shall annually be presented to the General Assembly for its consideration in including appropriations for such purposes.