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20 U.S.C. § 1140n — Establishment of Advisory Commission on Accessible Instructional Materials in Postsecondary Education for Students with Disabilities

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1140n — Establishment of Advisory Commission on Accessible Instructional Materials in Postsecondary Education for Students with Disabilities

**(a) Establishment** (1) **In general** — The Secretary shall establish a commission to be known as the Advisory Commission on Accessible Instructional Materials in Postsecondary Education for Students with Disabilities (in this section referred to as the “Commission”). (2) **Membership** (A) *Total number of members* — The Commission shall include not more than 19 members, who shall be appointed by the Secretary in accordance with subparagraphs (B) and (C). (B) *Members of the Commission* — The Commission members shall include one representative from each of the following categories: (i) The Office of Postsecondary Education of the Department. (ii) The Office of Special Education and Rehabilitative Services of the Department. (iii) The Office for Civil Rights of the Department. (iv) The Library of Congress National Digital Information and Infrastructure Preservation Program Copyright Working Group. (v) The Association on Higher Education and Disability. (vi) The Association of American Publishers. (vii) The Association of American University Presses. (viii) The National Council on Disability. (ix) Recording for the Blind and Dyslexic. (x) National organizations representing individuals with visual impairments. (xi) National organizations representing individuals with learning disabilities. (C) *Additional members of the Commission* — The Commission members shall include two representatives from each of the following categories: (i) Staff from institutions of higher education with demonstrated experience teaching or supporting students with print disabilities, including representatives from both two-year and four-year institutions of higher education of different sizes. (ii) Producers of access

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Source file: Laws/federal/codes/united-states-code/title-20/section-1140n-establishment-of-advisory-commission-on-accessible-instructional-materia--1dc4b16d3f.md
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Source location: Title 20, Chapter 28, § 1140n; chapter-028-higher-education-resources-and-student-assistance.md

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**(a) Establishment** (1) **In general** — The Secretary shall establish a commission to be known as the Advisory Commission on Accessible Instructional Materials in Postsecondary Education for Students with Disabilities (in this section referred to as the “Commission”). (2) **Membership** (A) *Total number of members* — The Commission shall include not more than 19 members, who shall be appointed by the Secretary in accordance with subparagraphs (B) and (C). (B) *Members of the Commission* — The Commission members shall include one representative from each of the following categories: (i) The Office of Postsecondary Education of the Department. (ii) The Office of Special Education and Rehabilitative Services of the Department. (iii) The Office for Civil Rights of the Department. (iv) The Library of Congress National Digital Information and Infrastructure Preservation Program Copyright Working Group. (v) The Association on Higher Education and Disability. (vi) The Association of American Publishers. (vii) The Association of American University Presses. (viii) The National Council on Disability. (ix) Recording for the Blind and Dyslexic. (x) National organizations representing individuals with visual impairments. (xi) National organizations representing individuals with learning disabilities. (C) *Additional members of the Commission* — The Commission members shall include two representatives from each of the following categories: (i) Staff from institutions of higher education with demonstrated experience teaching or supporting students with print disabilities, including representatives from both two-year and four-year institutions of higher education of different sizes. (ii) Producers of accessible materials, publishing software, and supporting technologies in specialized formats, such as Braille, audio or synthesized speech, and digital media. (iii) Individuals with visual impairments, including not less than one currently enrolled postsecondary student. (iv) Individuals with dyslexia or other learning disabilities related to reading, including not less than one currently enrolled postsecondary student. (D) *Timing* — The Secretary shall appoint the members of the Commission not later than 60 days after the Commission is established under paragraph (1). (3) **Chairperson and vice chairperson** — The Commission shall select a chairperson and vice chairperson from among the members of the Commission. (4) **Meetings** (A) *In general* — The Commission shall meet at the call of the Chairperson. (B) *First meeting* — Not later than 60 days after the appointment of the members of the Commission under paragraph (2)(D), the Commission shall hold the Commission’s first meeting. (5) **Quorum** — A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. **(b) Duties of the Commission** (1) **Study** (A) *In general* — The Commission shall conduct a comprehensive study to— (i) assess the barriers and systemic issues that may affect, and technical solutions available that may improve, the timely delivery and quality of accessible instructional materials for postsecondary students with print disabilities, as well as the effective use of such materials by faculty and staff; and (ii) make recommendations related to the development of a comprehensive approach to improve the opportunities for postsecondary students with print disabilities to access instructional materials in specialized formats in a timeframe comparable to the availability of instructional materials for postsecondary nondisabled students. (B) *Existing information* — To the extent practicable, in carrying out the study under this paragraph, the Commission shall identify and use existing research, recommendations, and information. (C) *Recommendations* (i) *In general* — The Commission shall develop recommendations— (I) to inform Federal regulations and legislation; (II) to support the model demonstration programs authorized under [section 1140m of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1140m&num=0&edition=prelim); (III) to identify best practices in systems for collecting, maintaining, processing, and disseminating materials in specialized formats to students with print disabilities at costs comparable to instructional materials for postsecondary nondisabled students; (IV) to improve the effective use of such materials by faculty and staff, while complying with applicable copyright law; and (V) to modify the definitions of instructional materials, authorized entities, and eligible students, as such terms are used in applicable Federal law, for the purpose of improving services to students with disabilities. (ii) *Considerations* — In developing the recommendations under clause (i), the Commission shall consider— (I) how students with print disabilities may obtain instructional materials in accessible formats— (aa) within a timeframe comparable to the availability of instructional materials for nondisabled students; and (bb) to the maximum extent practicable, at costs comparable to the costs of such materials for nondisabled students; (II) the feasibility and technical parameters of establishing standardized electronic file formats, such as the National Instructional Materials Accessibility Standard as defined in [section 1474(e)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1474/e/3&num=0&edition=prelim), to be provided by publishers of instructional materials to producers of materials in specialized formats, institutions of higher education, and eligible students; (III) the feasibility of establishing a national clearinghouse, repository, or file-sharing network for electronic files in specialized formats and files used in producing instructional materials in specialized formats, and a list of possible entities qualified to administer such clearinghouse, repository, or network; (IV) the feasibility of establishing market-based solutions involving collaborations among publishers of instructional materials, producers of materials in specialized formats, and institutions of higher education; (V) solutions utilizing universal design; and (VI) solutions for low-incidence, high-cost requests for instructional materials in specialized formats. (2) **Report** — Not later than one year after the Commission’s first meeting, the Commission shall submit a report to the Secretary and the authorizing committees detailing the findings and recommendations of the study conducted under paragraph (1). (3) **Dissemination of information** — In carrying out the study under paragraph (1), the Commission shall disseminate information concerning the issues that are the subject of the study through— (A) the National Technical Assistance Center established under subpart 4; and (B) other means, as determined by the Commission. **(c) Termination of the Commission** The Commission shall terminate on the date that is 90 days after the date on which the Commission submits the report under subsection (b)(2) to the Secretary and the authorizing committees.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1140m — Definition of student with a print disability

In this subpart, the term “student with a print disability” means a student with a disability who experiences barriers to accessing instructional material in nonspecialized formats, including an individual described in [section 121(d)(2) of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section121/d/2&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1140n — Rule of construction

Page 820 TITLE 20—EDUCATION § 1140n graph (1) may be disseminated and imple- mented on a national basis. (g) Authorized approaches An eligible partnership that receives a grant or contract under this section may use the grant or contract funds to support the development and implementation of the following: (1) Approaches for the provision of instruc- tional materials in specialized formats limited to instructional materials used in smaller cat- egories of postsecondary courses, such as in- troductory, first-, and second-year courses. (2) Approaches supporting a unified search for instructional materials in specialized for- mats across multiple databases or lists of available materials. (3) Market-based approaches for making in- structional materials in specialized formats directly available to eligible students at prices comparable to standard instructional mate- rials. (h) Report Not later than three years after the date of the first grant or contract awarded under this section, the Secretary shall submit to the au- thorizing committees a report that includes— (1) the number of grants and contracts and the amount of funds distributed under this section; (2) a summary of the purposes for which the grants and contracts were provided and an evaluation of the progress made under such grants and contracts; (3) a summary of the activities implemented under subsection (f) and, as applicable, sub- section (g), including data on the number of postsecondary students with print disabilities served and the number of instructional mate- rial requests executed and delivered in special- ized formats; and (4) an evaluation of the effectiveness of pro- grams funded under this section. (i) Model expansion The Secretary may, on the basis of the reports und

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