20 U.S.C. § 1474 — Technology development, demonstration,

Page 1018 TITLE 20—EDUCATION § 1474 § 25(b), Oct. 7, 1991, 105 Stat. 607, related to general au- thority of Secretary to make grants to States for de- velopment of system to provide early intervention services for infants and toddlers with disabilities and their families, prior to repeal by Pub. L. 105–17, title II, § 203(b), June 4, 1997, 111 Stat. 157, effective July 1, 1998. § 1474. Technology development, demonstration, and utilization; media services; and instruc- tional materials (a) Program authorized (1) In general The Secretary, on a competitive basis, shall award grants to, and enter into contracts and cooperative agreements with, eligible entities to support activities described in subsections (b) and (c). (2) Definition of eligible entity In this section, the term ‘‘eligible entity’’ has the meaning given the term in section 1461(b) of this title. (b) Technology development, demonstration, and use (1) In general In carrying out this section, the Secretary shall support activities to promote the devel- opment, demonstration, and use of tech- nology. (2) Authorized activities The following activities may be carried out under this subsection: (A) Conducting research on and promoting the demonstration and use of innovative, emerging, and universally designed tech- nologies for children with disabilities, by improving the transfer of technology from research and development to practice. (B) Supporting research, development, and dissemination of technology with universal design features, so that the technology is ac- cessible to the broadest range of individuals with disabilities without further modifica- tion or adaptation. (C) Demonstrating the use of systems to provide parents and teachers with informa- tion and training concerning early diagnosis of, intervention for, and effective teaching strategies for, young children with reading disabilities. (D) Supporting the use of Internet-based communications for students with cognitive disabilities in order to maximize their aca- demic and functional skills. (c) Educational media services (1) In general In carrying out this section, the Secretary shall support— (A) educational media activities that are designed to be of educational value in the classroom setting to children with disabil- ities; (B) providing video description, open cap- tioning, or closed captioning, that is appro- priate for use in the classroom setting, of— (i) television programs; (ii) videos; (iii) other materials, including programs and materials associated with new and emerging technologies, such as CDs, DVDs, video streaming, and other forms of multi- media; or (iv) news (but only until September 30, 2006); (C) distributing materials described in sub- paragraphs (A) and (B) through such mecha- nisms as a loan service; and (D) providing free educational materials, including textbooks, in accessible media for visually impaired and print disabled stu- dents in elementary schools and secondary schools, postsecondary schools, and graduate schools. (2) Limitation The video description, open captioning, or closed captioning described in paragraph (1)(B) shall be provided only when the description or captioning has not been previously provided by the producer or distributor, or has not been fully funded by other sources. (d) Applications (1) In general Any eligible entity that wishes to receive a grant, or enter into a contract or cooperative agreement, under subsection (b) or (c) shall submit an application to the Secretary at such time, in such manner, and containing such in- formation as the Secretary may require. (2) Special rule For the purpose of an application for an award to carry out activities described in sub- section (c)(1)(D), such eligible entity shall— (A) be a national, nonprofit entity with a proven track record of meeting the needs of students with print disabilities through services described in subsection (c)(1)(D); (B) have the capacity to produce, main- tain, and distribute in a timely fashion, up- to-date textbooks in digital audio formats to qualified students; and (C) have a demonstrated ability to signifi- cantly leverage Federal funds through other public and private contributions, as well as through the expansive use of volunteers. (e) National Instructional Materials Access Cen- ter (1) 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 December 3, 2004. (2) Duties The duties of the National Instructional Ma- terials Access Center are the following: (A) To receive and maintain a catalog of print instructional materials prepared in the National Instructional Materials Accessi- bility Standard, as established by the Sec- retary, made available to such center by the textbook publishing industry, State edu- cational agencies, and local educational agencies. (B) To provide access to print instruc- tional materials, including textbooks, in ac- cessible media, free of charge, to blind or Page 1019 TITLE 20—EDUCATION § 1475 other persons with print disabilities in ele- mentary schools and secondary schools, in accordance with such terms and procedures as the National Instructional Materials Ac- cess Center may prescribe. (C) To develop, adopt and publish proce- dures to protect against copyright infringe- ment, with respect to the print instructional materials provided under sections 1412(a)(23) and 1413(a)(6) of this title. (3) Definitions In this subsection: (A) Blind or other persons with print disabil- ities The term ‘‘blind or other persons with print disabilities’’ means children served under this chapter 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 pro- duced in specialized formats. (B) National Instructional Materials Accessi- bility Standard The term ‘‘National Instructional Mate- rials Accessibility Standard’’ means the standard established by the Secretary to be used in the preparation of electronic files suitable and used solely for efficient conver- sion into specialized formats. (C) Print instructional materials The term ‘‘print instructional materials’’ means printed textbooks and related printed core materials that are written and pub- lished 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 stu- dents in the classroom. (D) Specialized formats The term ‘‘specialized formats’’ has the meaning given the term in section 121(d)(3) of title 17. (4) Applicability This subsection shall apply to print instruc- tional 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 con- strued to establish a private right of action against the Secretary for failure to provide in- structional materials directly, or for failure by the National Instructional Materials Ac- cess Center to perform the duties of such cen- ter, 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 chapter. (6) Inapplicability Subsections (a) through (d) shall not apply to this subsection. (Pub. L. 91–230, title VI, § 674, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2792.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (e)(3)(A), (5), was in the original ‘‘this Act’’ and was translated as read- ing ‘‘this title’’, meaning title VI of Pub. L. 91–230, which enacted this chapter, to reflect the probable in- tent of Congress. ‘‘An Act to provide books for the adult blind’’, ap- proved March 3, 1931, referred to in subsec. (e)(3)(A), is act Mar. 3, 1931, ch. 400, 46 Stat. 1487, which is classified generally to sections 135a and 135b of Title 2, The Con- gress. For complete classification of this Act to the Code, see Tables. Section 121(d) of title 17, referred to in subsec. (e)(3)(D), was amended by Pub. L. 115–261, § 2(a)(1)(D), Oct. 9, 2018, 132 Stat. 3667, and no longer defines the term ‘‘specialized formats’’. PRIOR PROVISIONS A prior section 1474, Pub. L. 91–230, title VI, § 674, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 143, related to studies and evaluations, prior to the gen- eral amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1474, Pub. L. 91–230, title VI, § 674, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1147, related to general eligibility, prior to re- peal by Pub. L. 105–17, title II, § 203(b), June 4, 1997, 111 Stat. 157, effective July 1, 1998. § 1475. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be nec- essary for each of the fiscal years 2005 through 2010. (Pub. L. 91–230, title VI, § 675, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2795.) Editorial Notes PRIOR PROVISIONS Prior sections 1475 to 1480 were repealed by Pub. L. 105–17, title II, § 203(b), June 4, 1997, 111 Stat. 157, effec- tive July 1, 1998. Section 1475, Pub. L. 91–230, title VI, § 675, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1147; amended Pub. L. 100–630, title I, § 108(c), Nov. 7, 1988, 102 Stat. 3301; Pub. L. 101–476, title IX, § 901(b)(165), Oct. 30, 1990, 104 Stat. 1150; Pub. L. 102–52, § 10, June 6, 1991, 105 Stat. 263; Pub. L. 102–119, §§ 19(c), 25(b), Oct. 7, 1991, 105 Stat. 601, 607, related to continuing eligibility. Section 1476, Pub. L. 91–230, title VI, § 675, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1147; amended Pub. L. 100–630, title I, § 108(c), Nov. 7, 1988, 102 Stat. 3301; Pub. L. 101–476, title IX, § 901(b)(165), Oct. 30, 1990, 104 Stat. 1150; Pub. L. 102–52, § 10, June 6, 1991, 105 Stat. 263; Pub. L. 102–119, §§ 19(c), 25(b), Oct. 7, 1991, 105 Stat. 601, 607, related to the minimum components for a statewide system providing early intervention serv- ices to infants and toddlers with disabilities and their families. Section 1477, Pub. L. 91–230, title VI, § 677, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1149; amended Pub. L. 100–630, title I, § 108(f), Nov. 7, 1988, 102 Stat. 3301; Pub. L. 101–476, title IX, § 901(b)(174)–(176), Oct. 30, 1990, 104 Stat. 1150; Pub. L. 102–119, §§ 14, 25(b), Oct. 7, 1991, 105 Stat. 597, 607, related to the individual- ized family service plan. Section 1478, Pub. L. 91–230, title VI, § 678, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1150; amended Pub. L. 100–630, title I, § 108(g), Nov. 7, 1988, 102 Stat. 3302; Pub. L. 101–476, title IX, § 901(b)(177), Oct. 30, 1990, 104 Stat. 1150; Pub. L. 102–119, §§ 15, 25(b), Oct. 7, 1991, 105 Stat. 597, 607, related to contents of State ap- plication, statement of assurances, and approval proc- ess.