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PARRIS N. GLENDENING, Governor Ch. 457
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(B) (1) THIS SUBSECTION DOES NOT APPLY TO TEACHER-DEVELOPED
INSTRUCTIONAL MATERIALS UNTIL FISCAL YEAR 2005.
(2) INVITATIONS FOR BIDS, REQUESTS FOR PROPOSALS. PROCUREMENT
CONTRACTS, GRANTS, OR MODIFICATIONS TO CONTRACTS OR GRANTS ISSUED BY
THE STATE OR ANY LOCAL SCHOOL SYSTEM SHALL INCLUDE NOTICE OF THE
EQUIVALENT ACCESS REQUIREMENT WHENEVER FUNDS AWARDED MAY BE USED TO
DEVELOP, DEVELOP OR OBTAIN, OR USE TECHNOLOGY-BASED INSTRUCTIONAL
PRODUCTS.
(C) THE STATE AND EACH LOCAL SCHOOL SYSTEM SHALL ALSO ENSURE THAT
THE EQUIVALENT ACCESS STANDARDS ARE INCLUDED IN GUIDELINES USED FOR
DESIGN SPECIFICATIONS FOR AND. EVALUATION AND SELECTION OF
TECHNOLOGY-BASED INSTRUCTIONAL PRODUCTS.
(D) (1) FOLLOWING AN EVALUATION OF TECHNOLOGY-BASED
INSTRUCTIONAL PRODUCTS, THE STATE OR LOCAL SCHOOL SYSTEM SHALL SELECT
THE AVAILABLE PRODUCT THAT BEST MEETS THE SPECIFICATIONS AND HAS THE
GREATEST FUNCTIONALITY FOR EQUIVALENT ACCESS FOR STUDENTS WITH
DISABILITIES, INCLUDING BLINDNESS.
(2) IF A PRODUCT THAT MEETS THE EQUIVALENT ACCESS STANDARDS
IS NOT AVAILABLE, OR IF OBTAINING AN AVAILABLE PRODUCT WOULD
FUNDAMENTALLY ALTER THE NATURE OF THE INSTRUCTIONAL ACTIVITY OR
WOULD RESULT IN AN UNDUE BURDEN, THE STATE SUPERINTENDENT LOCAL
SCHOOL SYSTEM MAY APPROVE A WRITTEN REQUEST TO OBTAIN A PRODUCT THAT
DOES NOT MEET THE EQUIVALENT ACCESS STANDARDS BUT PROVIDES THE BEST
EQUIVALENT ACCESS FUNCTIONALITY.
(3) THE DEPARTMENT SHALL:
(I) MONITOR COMPLIANCE WITH THE REQUIREMENTS OF
ACCESSIBILITY OF TECHNOLOGY-BASED INSTRUCTIONAL PRODUCTS SET FORTH IN
COMAR 13.A.05.02; AND
(II) REPORT ITS FINDINGS, IN ACCORDANCE WITH § 2-1246 OF THE
STATE GOVERNMENT ARTICLE, TO THE GENERAL ASSEMBLY ON OR BEFORE
DECEMBER 31 OF EACH YEAR
(E) IF TECHNOLOGY-BASED INSTRUCTIONAL PRODUCTS ARE PROVIDED TO
STUDENTS WITHOUT DISABILITIES AND NOT TO A STUDENT WITH A DISABILITY, THE
STATE OR LOCAL SCHOOL SYSTEM SHALL IMPLEMENT AN ALTERNATIVE METHOD OF
INSTRUCTION. INCLUDING USE OF OTHER TECHNOLOGY-BASED INSTRUCTIONAL
PRODUCTS, IF AVAILABLE, DESIGNED TO ENABLE A STUDENT WITH A DISABILITY TO
ACHIEVE THE SAME INSTRUCTIONAL OUTCOMES CONSISTENT WITH THE STUDENTS
IEP PLAN, AS DEFINED IN § 8-408 OF THIS ARTICLE, OR THE STUDENT'S 504 PLAN, AS
PROVIDED UNDER THE FEDERAL REHABILITATION ACT OF 1973.
8-408.
(a) (1) In this section the following words have the meanings indicated.
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- 3693 -
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