20 U.S.C. § 1140m — Model demonstration programs to sup-

Page 819 TITLE 20—EDUCATION § 1140m Editorial Notes PRIOR PROVISIONS A prior section 772 of Pub. L. 89–329 was classified to section 1132h–1 of this title, prior to repeal by Pub. L. 102–325. AMENDMENTS 2009—Subsec. (a)(2)(A). Pub. L. 111–39, § 701(5)(A), sub- stituted ‘‘with’’ for ‘‘with in’’. Subsec. (b)(1)(C)(ii). Pub. L. 111–39, § 701(5)(B), sub- stituted ‘‘clause (i)’’ for ‘‘subparagraph (C)’’ in intro- ductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. § 1140m. Model demonstration programs to sup- port improved access to postsecondary in- structional materials for students with print disabilities (a) Purpose It is the purpose of this section to support model demonstration programs for the purpose of encouraging the development of systems to improve the quality of postsecondary instruc- tional materials in specialized formats and such materials’ timely delivery to postsecondary stu- dents with print disabilities, including systems to improve efficiency and reduce duplicative ef- forts across multiple institutions of higher edu- cation. (b) Definition of eligible partnership In this section, the term ‘‘eligible partner- ship’’ means a partnership that— (1) shall include— (A) an institution of higher education with demonstrated expertise in meeting the needs of students with print disabilities, including the retention of such students in, and such students’ completion of, postsecondary edu- cation; and (B) a public or private entity, other than an institution of higher education, with— (i) demonstrated expertise in developing accessible instructional materials in spe- cialized formats for postsecondary stu- dents with print disabilities; and (ii) the technical development expertise necessary for the efficient dissemination of such materials, including procedures to protect against copyright infringement with respect to the creation, use, and dis- tribution of instructional materials in spe- cialized formats; and (2) may include representatives of the pub- lishing industry. (c) Program authorized From amounts appropriated under section 1140o of this title, the Secretary shall award grants or contracts, on a competitive basis, to not less than one eligible partnership to enable the eligible partnership to support the activities described in subsection (f) and, as applicable, subsection (g). (d) Application An eligible partnership that desires a grant or contract under this section shall submit an ap- plication at such time, in such manner, and in such format as the Secretary may prescribe. The application shall include information on how the eligible partnership will implement activi- ties under subsection (f) and, as applicable, sub- section (g). (e) Priority In awarding grants or contracts under this section, the Secretary shall give priority to any applications that include the development and implementation of the procedures and ap- proaches described in paragraphs (2) and (3) of subsection (g). (f) Required activities An eligible partnership that receives a grant or contract under this section shall use the grant or contract funds to carry out the fol- lowing: (1) Supporting the development and imple- mentation of the following: (A) Processes and systems to help identify, and verify eligibility of, postsecondary stu- dents with print disabilities in need of in- structional materials in specialized formats. (B) Procedures and systems to facilitate and simplify request methods for accessible instructional materials in specialized for- mats from eligible students described in sub- paragraph (A), which may include a single point-of-entry system. (C) Procedures and systems to coordinate among institutions of higher education, pub- lishers of instructional materials, and enti- ties that produce materials in specialized formats, to efficiently facilitate— (i) requests for such materials; (ii) the responses to such requests; and (iii) the delivery of such materials. (D) Delivery systems that will ensure the timely provision of instructional materials in specialized formats to eligible students, which may include electronic file distribu- tion. (E) Systems to reduce duplicative conver- sions and improve sharing of the same in- structional materials in specialized formats for multiple eligible students at multiple in- stitutions of higher education. (F) Procedures to protect against copy- right infringement with respect to the devel- opment, use, and distribution of instruc- tional materials in specialized formats while maintaining accessibility for eligible stu- dents, which may include digital tech- nologies such as watermarking, fingerprinting, and other emerging ap- proaches. (G) Awareness, outreach, and training ac- tivities for faculty, staff, and students re- lated to the acquisition and dissemination of instructional materials in specialized for- mats and instructional materials utilizing universal design. (2) Providing recommendations on how effec- tive procedures and systems described in para- 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 under subsection (h) and section 1140l(b)(2) of this title and any evaluations of the projects funded under this section, expand the program under this section to additional grant or con- tract recipients that use other programmatic approaches and serve different geographic re- gions, if the Secretary finds that the models used under this section— (1) are effective in improving the timely de- livery and quality of materials in specialized formats; and (2) provide adequate protections against copyright infringement. (Pub. L. 89–329, title VII, § 773, as added Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3371.) Editorial Notes PRIOR PROVISIONS A prior section 773 of Pub. L. 89–329 was classified to section 1132h–2 of this title, prior to repeal by Pub. L. 102–325. § 1140n. Rule of construction Nothing in this subpart shall be construed to limit or preempt any State law requiring the production or distribution of postsecondary in- structional materials in accessible formats to students with disabilities. (Pub. L. 89–329, title VII, § 774, as added Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3373.) Editorial Notes PRIOR PROVISIONS A prior section 774 of Pub. L. 89–329 was classified to section 1132h–3 of this title, prior to repeal by Pub. L. 102–325. § 1140o. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this subpart such sums as may be nec- essary for fiscal year 2009 and each of the five succeeding fiscal years. (b) Priority For the first fiscal year for which funds are made available under this section, the Secretary shall give priority to allocating funding for the purposes of section 1140l of this title. (Pub. L. 89–329, title VII, § 775, as added Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3373.) Editorial Notes PRIOR PROVISIONS A prior section 775 of Pub. L. 89–329 was classified to section 1132h–4 of this title, prior to repeal by Pub. L. 102–325. SUBPART 4—NATIONAL TECHNICAL ASSISTANCE CENTER; COORDINATING CENTER § 1140p. Purpose It is the purpose of this subpart to provide technical assistance and information on best and promising practices to students with dis- abilities, the families of students with disabil- ities, and entities awarded grants, contracts, or cooperative agreements under subpart 1, 2, or 3 to improve the postsecondary recruitment, tran- sition, retention, and completion rates of stu- dents with disabilities. (Pub. L. 89–329, title VII, § 776, as added Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3373.) Editorial Notes PRIOR PROVISIONS A prior section 776 of Pub. L. 89–329 was classified to section 1132h–5 of this title, prior to repeal by Pub. L. 102–325. § 1140q. National technical assistance center; co- ordinating center (a) National Center (1) In general From amounts appropriated under section 1140r of this title, the Secretary shall award a grant to, or enter into a contract or coopera- tive agreement with, an eligible entity to pro-