AIM HIGH Act

II 116TH CONGRESS 1ST SESSION S. 3095 To develop voluntary guidelines for accessible postsecondary electronic instructional materials and related technologies, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 18, 2019 Mr. SCHUMER (for Ms. WARREN (for herself, Mr. BENNET, Mr. SULLIVAN, Mr. TESTER, and Ms. ERNST)) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To develop voluntary guidelines for accessible postsecondary electronic instructional materials and related tech- nologies, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Accessible Instruc- 4 tional Materials in Higher Education Act’’ or the ‘‘AIM 5 HIGH Act’’. 6 SEC. 2. DEFINITIONS. 7 In this Act: 8 VerDate Sep 11 2014 02:56 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3095.IS S3095 kjohnson on DSK79L0C42 with BILLS 2 •S 3095 IS (1) ANNOTATED LIST OF INFORMATION TECH- 1 NOLOGY STANDARDS.—The term ‘‘annotated list of 2 information technology standards’’ means a list of 3 existing national and international accessibility 4 standards relevant to student use of postsecondary 5 electronic instructional materials and related tech- 6 nologies, and to other types of information tech- 7 nology common to institutions of higher education 8 (such as institutional websites and class registration 9 systems), annotated by the commission established 10 pursuant to section 3 to provide information about 11 the applicability of such standards in higher edu- 12 cation settings. The annotated list of information 13 technology standards is intended to serve solely as a 14 reference tool to inform any consideration of the rel- 15 evance of such standards in higher education con- 16 texts. 17 (2) DISABILITY.—The term ‘‘disability’’ has the 18 meaning given such term in section 3 of the Ameri- 19 cans with Disabilities Act of 1990 (42 U.S.C. 20 12102). 21 (3) INSTITUTION OF HIGHER EDUCATION.—The 22 term ‘‘institution of higher education’’ has the 23 meaning given such term in section 101 of the High- 24 er Education Act of 1965 (20 U.S.C. 1001). 25 VerDate Sep 11 2014 02:56 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3095.IS S3095 kjohnson on DSK79L0C42 with BILLS 3 •S 3095 IS (4) NONCONFORMING POSTSECONDARY ELEC- 1 TRONIC INSTRUCTIONAL MATERIALS OR RELATED 2 TECHNOLOGIES.—The term ‘‘nonconforming mate- 3 rials or related technologies’’ means postsecondary 4 electronic instructional materials or related tech- 5 nologies that do not conform to the voluntary guide- 6 lines to be developed pursuant to this Act. 7 (5) PILOT TESTING.—The term ‘‘pilot testing’’ 8 means a small-scale study or project to determine 9 the efficacy of a postsecondary electronic instruc- 10 tional material or related technology in a postsec- 11 ondary instructional setting to inform an institu- 12 tional decision about whether to implement the ma- 13 terial or technology more broadly across the institu- 14 tion’s instructional settings. 15 (6) POSTSECONDARY ELECTRONIC INSTRUC- 16 TIONAL MATERIALS.—The term ‘‘postsecondary elec- 17 tronic instructional materials’’ means digital cur- 18 ricular content that is required, provided, or both 19 recommended and provided by an institution of high- 20 er education for use in a postsecondary instructional 21 program. 22 (7) RELATED TECHNOLOGIES.—The term ‘‘re- 23 lated technologies’’ refers to any software, applica- 24 tions, learning management or content management 25 VerDate Sep 11 2014 02:56 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3095.IS S3095 kjohnson on DSK79L0C42 with BILLS 4 •S 3095 IS systems, and hardware that an institution of higher 1 education requires, provides, or both recommends 2 and provides for student access to and use of post- 3 secondary electronic instructional materials in a 4 postsecondary instructional program. 5 (8) TECHNICAL PANEL.—The term ‘‘technical 6 panel’’ means a group of experts with extensive, 7 demonstrated technical experience in the develop- 8 ment and implementation of accessibility features for 9 postsecondary electronic instructional materials and 10 related technologies, established by the Commission 11 pursuant to section 4(d), which will assist the com- 12 mission in the development of the voluntary guide- 13 lines and annotated list of information technology 14 standards authorized under this Act. 15 (9) VOLUNTARY GUIDELINES.—The term ‘‘vol- 16 untary guidelines’’ means a set of technical and 17 functional performance criteria to be developed by 18 the commission established pursuant to section 3 19 that provide specific guidance regarding both the ac- 20 cessibility and pedagogical functionality of postsec- 21 ondary electronic instructional materials and related 22 technologies not addressed, or not adequately ad- 23 dressed, by existing accessibility standards. 24 VerDate Sep 11 2014 02:56 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3095.IS S3095 kjohnson on DSK79L0C42 with BILLS 5 •S 3095 IS SEC. 3. COMMISSION STRUCTURE. 1 (a) ESTABLISHMENT OF COMMISSION.— 2 (1) IN GENERAL.— 3 (A) PURPOSES.—The Speaker of the 4 House of Representatives, the President pro 5 tempore of the Senate, and the Secretary of 6 Education shall establish an independent com- 7 mission to carry out the activities described in 8 subparagraph (B) (referred to in this Act as 9 the ‘‘commission’’) in order— 10 (i) to ensure students with disabilities 11 are afforded the same educational benefits 12 provided to nondisabled students through 13 the use of electronic instructional materials 14 and related technologies; 15 (ii) to inform better the selection and 16 use of such materials and technologies at 17 institutions of higher education; and 18 (iii) to encourage entities that produce 19 such materials and technologies to make 20 accessible versions more readily available 21 in the market. 22 (B) DUTIES.—The commission shall— 23 (i) develop voluntary guidelines for ac- 24 cessible postsecondary electronic instruc- 25 tional materials and related technologies; 26 VerDate Sep 11 2014 02:56 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3095.IS S3095 kjohnson on DSK79L0C42 with BILLS 6 •S 3095 IS (ii) review applicable national and 1 international information technology acces- 2 sibility standards, which the commission 3 shall compile and annotate as an additional 4 information resource for institutions of 5 higher education and companies that serv- 6 ice the higher education market; and 7 (iii) develop a model framework for 8 pilot testing postsecondary electronic in- 9 structional materials and related tech- 10 nologies in postsecondary instructional set- 11 tings to facilitate exploration and adoption 12 of such materials and technologies. 13 (2) MEMBERSHIP.— 14 (A) IN GENERAL.—The commission shall 15 be composed of 19 members. The commission 16 shall include members of the stakeholder groups 17 described in subparagraph (B), students with a 18 disability, faculty at institutions of higher edu- 19 cation, and individuals with technical expertise 20 in the development and implementation of ac- 21 cessible postsecondary electronic instructional 22 materials, each of whom shall be appointed in 23 accordance with subparagraph (C). 24 VerDate Sep 11 2014 02:56 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3095.IS S3095 kjohnson on DSK79L0C42 with BILLS 7 •S 3095 IS (B) STAKEHOLDER GROUPS.—The com- 1 mission shall be composed of representatives 2 from the following categories: 3 (i) DISABILITY.—Communities of per- 4 sons with disabilities for whom the accessi- 5 bility of postsecondary electronic instruc- 6 tional materials and related technologies is 7 a significant factor in ensuring equal par- 8 ticipation in higher education, and non- 9 profit organizations that provide accessible 10 electronic materials to these communities. 11 (ii) HIGHER EDUCATION.—Higher 12 education leadership, which includes an in- 13 stitution of higher education’s president, 14 provosts, deans, vice presidents, deans of 15 libraries, chief information officers, and 16 other senior institutional executives. 17 (iii) INDUSTRY.—Developers of post- 18 secondary electronic instructional materials 19 and manufacturers of related technologies. 20 (C) APPOINTMENT OF MEMBERS.—The 21 commission members shall be appointed as fol- 22 lows: 23 (i) Six members, 2 from each category 24 described in subparagraph (B), shall be ap- 25 VerDate Sep 11 2014 02:56 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3095.IS S3095 kjohnson on DSK79L0C42 with BILLS 8 •S 3095 IS pointed by the Speaker of the House of 1 Representatives, 3 of whom shall be ap- 2 pointed on the recommendation of the ma- 3 jority leader of the House of Representa- 4 tives and 3 of whom shall be appointed on 5 the recommendation of the minority leader 6 of the House of Representatives, with the 7 Speaker ensuring that 1 developer of post- 8 secondary electronic instructional materials 9 and 1 manufacturer of related technologies 10 are appointed. The Speaker shall also ap- 11 point 2 additional members, 1 student with 12 a disability and 1 faculty member from an 13 institution of higher education. 14 (ii) Six members, 2 from each cat- 15 egory described in subparagraph (B), shall 16 be appointed by the President pro tempore 17 of the Senate, 3 of whom shall be ap- 18 pointed on the recommendation of the ma- 19 jority leader of the Senate and 3 of whom 20 shall be appointed on the recommendation 21 of the minority leader of the Senate, with 22 the President pro tempore ensuring that 1 23 developer of postsecondary electronic in- 24 structional materials and 1 manufacturer 25 VerDate Sep 11 2014 02:56 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3095.IS S3095 kjohnson on DSK79L0C42 with BILLS 9 •S 3095 IS of related technologies are appointed. The 1 President pro tempore shall also appoint 2 2 additional members, 1 student with a dis- 3 ability and 1 faculty member from an insti- 4 tution of higher education. 5 (iii) Three members, each of whom 6 must possess extensive, demonstrated tech- 7 nical expertise in the development and im- 8 plementation of accessible postsecondary 9 electronic instructional materials, shall be 10 appointed by the Secretary of Education. 11 One of these members shall represent post- 12 secondary students with disabilities, 1 shall 13 represent higher education leadership, and 14 1 shall represent developers of postsec- 15 ondary electronic instructional materials. 16 (D) ELIGIBILITY TO SERVE ON THE COM- 17 MISSION.—Federal employees are ineligible for 18 appointment to the commission. An appointee 19 to a volunteer or advisory position with a Fed- 20 eral agency or related advisory body may be ap- 21 pointed to the commission so long as the ap- 22 pointee’s primary employment is with a non- 23 Federal entity and the appointee is not other- 24 wise engaged in financially compensated work 25 VerDate Sep 11 2014 02:56 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3095.IS S3095 kjohnson on DSK79L0C42 with BILLS 10 •S 3095 IS on behalf of the Federal Government, exclusive 1 of any standard expense reimbursement or 2 grant-funded activities. 3 (b) AUTHORITY AND ADMINISTRATION.— 4 (1) AUTHORITY.—The commission’s execution 5 of its duties shall be independent of the Secretary of 6 Education, the Attorney General, and the head of 7 any other agency or department of the Federal Gov- 8 ernment with regulatory or standard setting author- 9 ity in the areas addressed by the commission. 10 (2) ADMINISTRATION.— 11 (A) STAFFING.—There shall be no perma- 12 nent staffing for the commission. 13 (B) LEADERSHIP.—Commission members 14 shall elect a chairperson from among the 19 ap- 15 pointees to the commission. 16 (C) ADMINISTRATIVE SUPPORT.—The 17 Commission shall be provided administrative 18 support, as needed, by the Secretary of Edu- 19 cation through the Office of Postsecondary 20 Education of the Department of Education. 21 SEC. 4. DUTIES OF THE COMMISSION. 22 (a) PRODUCE VOLUNTARY GUIDELINES.—Not later 23 than 18 months after the date of enactment of this Act, 24 subject to a 6-month extension that the commission may 25 VerDate Sep 11 2014 02:56 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3095.IS S3095 kjohnson on DSK79L0C42 with BILLS 11 •S 3095 IS exercise at its discretion, the commission established in 1 section 3 shall— 2 (1) develop and issue voluntary guidelines for 3 accessible postsecondary electronic instructional ma- 4 terials and related technologies; and 5 (2) in developing the voluntary guidelines, the 6 commission shall— 7 (A) establish a technical panel pursuant to 8 subsection (e) to support the commission in de- 9 veloping the voluntary guidelines; 10 (B) develop criteria for determining which 11 materials and technologies constitute postsec- 12 ondary electronic instructional materials and re- 13 lated technologies as defined in paragraphs (6) 14 and (7) of section 2; 15 (C) identify existing national and inter- 16 national accessibility standards that are rel- 17 evant to student use of postsecondary electronic 18 instructional materials and related technologies 19 at institutions of higher education; 20 (D) identify and address any unique peda- 21 gogical and accessibility requirements of post- 22 secondary electronic instructional materials and 23 related technologies that are not addressed, or 24 VerDate Sep 11 2014 02:56 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3095.IS S3095 kjohnson on DSK79L0C42 with BILLS 12 •S 3095 IS not adequately addressed, by the identified, rel- 1 evant existing accessibility standards; 2 (E) identify those aspects of accessibility, 3 and types of postsecondary instructional mate- 4 rials and related technologies, for which the 5 commission cannot produce guidelines or which 6 cannot be addressed by existing accessibility 7 standards due to— 8 (i) inherent limitations of commer- 9 cially available technologies; or 10 (ii) the challenges posed by a specific 11 category of disability that covers a wide 12 spectrum of impairments and capabilities 13 which makes it difficult to assess the bene- 14 fits from particular guidelines on a cat- 15 egorical basis; 16 (F) ensure that the voluntary guidelines 17 are consistent with the requirements of section 18 504 of the Rehabilitation Act of 1973 (29 19 U.S.C. 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