- What
are the requirements to verify a print disability for Bookshare?
Which legal definition do you use to ensure an individual is qualified?
It is very important to remember that eligibility requirements are defined
by copyright law, not education law. While many of these questions imply
that the requirements seem restrictive, the requirements come from the
law, and it is the law that allows Bookshare to
function legally. The basis for Bookshare’s
legal existence is an exemption in the U.S. copyright law called the
Chafee Amendment, which is Section 121 of copyright law. Chafee allows a
government or authorized entity such as Bookshare
to provide alternative format books and media to individuals with print
disabilities.
This copyright law exemption tries to balance the needs of people who are
unable to read normal print with the rights of publishers and authors. It
is not based on who might benefit from access to accessible materials: it
restricts the exemption to a group of people who are assumed to not be
able to access regular print materials because of a severe disability.
Publishers and authors don’t receive a royalty under this copyright
exemption, and have an interest in ensuring it stays narrowly focused on
the one or two percent of the population who
can’t read standard print.
Some people with very real disabilities that might benefit from accessible
text may not meet this legal definition. People
who are deaf, have cognitive disabilities, Attention Deficit Hyperactivity
Disorder (ADHD), autism or mental illness do not meet this definition by
virtue of those disabilities alone. It is quite possible that some people
with these disabilities still qualify because of other factors. For
example, a severe visual or learning disability could also be present in a
person with these other disabilities. So, a person who is deaf and blind,
or ADHD and dyslexic, could qualify.
Bookshare puts the responsibility of
certification on the professional signing the Proof of Disability form to
confirm that each Bookshare Member meets the
copyright definition. Here’s a simplified guide on students who should be
able to qualify for Bookshare services and have
a certifying professional sign off on their qualification:
- Students
with visual impairments that keep them from reading standard print
(blind, legally blind, or with other functional vision limitations).
- Students
with severe learning disabilities that keep them from being able to
effectively read standard print. This includes students with IEPs that
call for text accommodation to respond to specific language learning
disabilities.
- Students
with physical disabilities that prevent them from reading print or using
a print book. Such a limitation could be the result of a spinal cord
injury, cerebral palsy, traumatic brain injury, a neurological condition,
etc.
There is a lot of confusion and misinformation about
qualifications. For example, many people with learning disabilities do not meet
the qualification, because their disability doesn’t affect their ability to
read print or their disability is not severe enough to meet the stringent
language of the copyright regulations. Not all students with IEPs qualify for Bookshare services. For example, a deaf student with an IEP
who is reading text at grade level would not meet the copyright definition of
print disability, while qualifying for other services related to deafness.
The Bookshare team believes strongly in the value of
accessible media for students beyond those who qualify under the copyright
exemptions. Bookshare is working with publishers to
see if there’s a solution for these students that provides publishers and
authors with compensation. But, for now, Bookshare
needs to operate in careful compliance with copyright law to ensure that Bookshare can serve students with severe disabilities
today.
This information has been copied from
www.bookshare.org/qualifications
My Documents/Chaffee 2009