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Ch. 457
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2002 LAWS OF MARYLAND
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(B) THE CLAUSE GOVERNING NONVISUAL ACCESS REQUIRED UNDER
SUBSECTION (A) OF THIS SECTION SHALL SPECIFY THAT THE COMPUTER BASED
INSTRUCTIONAL TECHNOLOGY THAT MEETS ALL OTHER SPECIFICATIONS AND WILL
BE USED BY BLIND OR VISUALLY IMPAIRED INDIVIDUALS:
(1) MUST PROVIDE EQUIVALENT ACCESS FOR EFFECTIVE USE BY BOTH
VISUAL AND NONVISUAL MEANS;
(2) WILL PRESENT INFORMATION, INCLUDING PROMPTS FOR
INTERACTIVE COMMUNICATION, IN A FORMAT THAT ALLOWS FOR VISUAL AND
NONVISUAL USE;
(3) CAN BE USED WITHIN NETWORKED ENVIRONMENTS FOR
OBTAINING, RETRIEVING, AND DISSEMINATING INFORMATION USED BY
INDIVIDUALS WHO ARE NOT BLIND OR VISUALLY IMPAIRED; AND
(4) SHALL BE OBTAINED, WHENEVER POSSIBLE, WITHOUT
MODIFICATION FOR COMPATIBILITY WITH SOFTWARE AND HARDWARE FOR
NONVISUAL ACCESS.
(C) FOLLOWING AN EVALUATION OF COMPUTER BASED INSTRUCTIONAL
TECHNOLOGY, IF A DETERMINATION IS MADE THAT COMPUTER BASED
INSTRUCTIONAL TECHNOLOGY THAT FULLY MEETS THE REQUIREMENTS OF
SUBSECTION (B) OF THIS SECTION IS NOT AVAILABLE, THE STATE AND THE LOCAL
SCHOOL SYSTEMS SHALL:
(1) (I) SELECT THE COMPUTER BASED INSTRUCTIONAL
TECHNOLOGY WITH THE GREATEST FUNCTIONALITY FOR EQUIVALENT VISUAL AND
NONVISUAL ACCESS THAT MEETS ALL OTHER SPECIFICATIONS; AND
(II) IMPLEMENT AN ALTERNATIVE METHOD OF INSTRUCTION
DESIGNED TO ENABLE A STUDENT WHO IS BLIND OR VISUALLY IMPAIRED TO
ACHIEVE THE SAME INSTRUCTIONAL OUTCOMES CONSISTENT WITH THE STUDENT'S
IEP OR 504 PLAN; OR
(2) IF COMPUTER BASED INSTRUCTIONAL TECHNOLOGY WITH THE
GREATEST FUNCTIONALITY FOR EQUIVALENT VISUAL AND NONVISUAL ACCESS
THAT MEETS ALL OTHER SPECIFICATIONS IS NOT AVAILABLE, IMPLEMENT AN
ALTERNATIVE METHOD OF INSTRUCTION DESIGNED TO ENABLE A STUDENT WHO IS
BLIND OR VISUALLY IMPAIRED TO ACHIEVE THE SAME INSTRUCTIONAL OUTCOMES
CONSISTENT WITH THE STUDENT'S IEP OR 504 PLAN.
(A) THE STATE SUPERINTENDENT AND THE SECRETARY OF BUSINESS AND
ECONOMIC DEVELOPMENT JOINTLY SHALL ENSURE THAT SPECIFICATIONS USED IN
ALL GRANTS AND PROCUREMENT CONTRACTS FOR TECHNOLOGY-BASED
INSTRUCTIONAL PRODUCTS REQUIRE EQUIVALENT ACCESS FOR STUDENTS WITH
DISABILITIES, INCLUDING BLINDNESS, IN ACCORDANCE WITH THE TECHNICAL
STANDARDS FOR ELECTRONIC AND INFORMATION TECHNOLOGY ISSUED UNDER
SUBSECTION (A)(2) OF SECTION 508 OF THE FEDERAL REHABILITATION ACT OF 1973,
29 U.S.C. § 794(A)(2).
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- 3692 -
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